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10-05-04 Agenda Reg City of Delray Beach Regular Commission Meeting I RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encoura§ed to offer comments with the order of presentation bein§ as follows: City Staff, public comments, Commission discussion and official action. City Commission meetin§s are business meetin§s Tuesday~ October $~ 2004 and the ri§ht to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting g:00 p.m. presidin§ officer has discretion to adjust the amount of time allocated. Public Heatings ?:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall 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: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 ~ 1st Avenue Delray Beach, Florida 33444 The CiD' 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, Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Randolph at 243- Fax: (561) 243-3774 7127, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROT.L C.A LL, 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: · September 21, 2004 - Regular Meeting 6. PROCLAMATIONS: A. Recognizing and Commending the Delray Beach Ocean Rescue Competition Team B. Recognizing and Commending the Delray Beach Ocean Rescue Junior Lifeguard Competition Team C. Breast Cancer Awareness Month - October 2004 D. Florida City Government Week - October 17-23, 2004 E. National Epilepsy Awareness Month - November 2004 F. AVDA (Aid to Victims of Domestic Abuse) 5K Run 7. PRESENTATIONS: A. "Spotlight on Education" - Nancy Hurd, Director Community Child Care Beacon Center at Village Academy B. "Spotlight on Neighborhoods" - Shelly Weil, Chairperson, Neighborhood Advisory Council 8. CONSENT AGENDA: City Manager Recommends Approval. A. CONFIRMATION/RESCISSION OF EMERGENCY RESOLUTIONS: Confirm Emergency Resolutions A, B, D, and H pursuant to Chapter 95 of the City Code of Ordinances and approve the rescission of Resolution A and Resolution B. B. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) GRANT: Approve the application for a matching grant for the Federal Emergency Management Agency (FEMA) Grant in the amount of $46,088.00 to acquire a multi-risk safety demonstration trailer for fire safety and severe weather instruction purposes. City's required 30% matching portion is $19,752.00 for a total amount of $65,840.00. 10-05-2004 2- C. QUANTUM FOUNDATION GRANT/COMMUNITY HEALTH IMPROVEMENT PROGRAM (CHIP): Approve the application for a non- matching grant to the Quantum Foundation of Palm Beach County in the amount of $467,331.64 to provide funding for three (3) years for a Community Health Improvement Program (CHIP) in the Fire-Rescue Department. D. SPECIAL EVENT REQUEST/HAI.I.OWEEN PARADE: Approve a special event request to allow the Annual Halloween Day Parade to be held on October 30, 2004 from 1:30 p.m. until approximately 2:30 p.m., including temporary use permit per LDR Section 2.4.60a) for the rolling closure of Atlantic Avenue from N.E. 1st Avenue to Veterans Park, staff support for traffic control and security; contingent upon the receipt of a hold harmless agreement and certificate of liability insurance. E. FUNDING FOR SPECIAL EVENTS AND GRANTS FOR FY 2005: Approve the Special Event and Miscellaneous Grant Funding for FY 2005. F. FUNDING AGREEMENT/CHILDREN'S SERVICES COUNCIL: Approve a funding agreement between the City of Delray Beach and Children's Services Council (CSC) in the amount of $283,471.00 for the City's out of school program, day camps, and summer camp programs. G. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve Housing Rehabilitation grant/contract awards through the Community Development Division in the amount of $24,675.00 to Tommy Preston (820 S.W. yd Court) and $20,973.75 to Tommy Preston (126 S.W. 11~h Avenue). Funding is available from 118- 1963-554-49.19 (Community Development Block Grant (CDBG) Program/Housing Rehabilitation) and 118-1924-554-49.19 (State Housing Initiatives Partnership (SHIP) Program/Housing Rehabilitation). H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 20, 2004 through October 1, 2004. I. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Ferguson Enterprises, Inc. in the amount of $16,316.45 for the purchase of water main pipe materials to be installed by our in-house construction crew on the N.E. 5th Street and N.E. 6th Street/Palm Trail Water Main Improvements Project. Funding is available from 442-5178-536-63.50 (Water Mare Rehabilitation). 2. Purchase award to Hall-Mark Fire Apparatus/Horton Emergency Vehicles in the amount of $188,215.00 via the City of Columbus, Ohio bid for one (1) Heavy Duty Paramedic Rescue Vehicle for the Fire Depatianent. Funding is available from 501-3312-591-64.25 (Central Garage Fund/Heavy Equipment) FY 04/05. 10-05-2004 - 3 - 9. REGULAR AGENDA: A. RATIFICATION OF COI.IJZ. CTIVE BARGAINING AGREEMENT & MEMORANDUM OF UNDERSTANDING/POLICE BENEVOLENT ASSOCIATION: Ratify and approve the Collective Bargaining Agreement and Memorandum of Understanding between the CiD· and the Police Benevolent Association (Police Officers and Sergeants) for the three year period October 1, 2004 through September 30, 2007. B. CONTRACT AWARDS/PROPERTY & CASUALTY INSURANCE COVERAGE: Consider approval of a contract award to various insurance companies as negotiated by our broker, Arthur J. Gallagher, for the City's Property- and Casualty Insurance Policies effective October 1, 2004 at the annual premium of $1,316,649.00. C. FY 2005 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the proposed FY 2005 maximum golf rates for the Lakeview Golf Course. D. FY 2005 GOLF RATES/MUNICIPAL GOLF COURSE: Consider approval of the proposed FY 2005 maximum golf rates for the Municipal Golf Course. E. FY 2005 TENNIS RATES/TENNIS FACILITIES: Consider approval of the proposed FY 2005 maximum tennis rates for the Tennis Facilities. F. ESTABLISH PERFORMANCE MEASURES FOR GOLF COURSES AND TENNIS FACILITIES: Consider approval of proposed performance measures for FY 2004-2005 for the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities. G. SPECIAL EVENT REQUEST/CHRISTIAN RAP/HIP HOP CONCERT EVENT: Consider approval of a proposed Christian Rap/Hip Hop Concert sponsored by the Outside the Walls Ministries, Inc. to be held at Pompey Park on October 31, 2004 from 3:00 p.m. to 7:00 p.m. including temporary use permit per LDR Section 2.4.6(H) for the use of the park and staff assistance for security, traff~c control, trash removal/dean up, event signage, and use/set up of the small City stage. Staff recommends denial. H. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two (2) alternate members to the Board of Adjustment for unexpired terms ending August 31, 2005. Based upon the rotation system, the appointments will be made by Commissioner McCarthy (Seat ;g4) and Mayor Perlman (Seat ;g5). I. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board for an unexpired term ending January 14, 2006 and one (1) alternate member for an unexpired term ending January 14, 2007. Based upon the rotation system, the appointments will be made by Mayor Perlman (Seat ;g5) and Commissioner Costm (Seat ;gl). 10-05-2004 - 4 - j. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint three (3) members to the Board of Construction Appeals; one (1) member for a two (2) year term ending August 31, 2006 and two (2) members for unexpired terms ending August 31, 2005. Based on the rotation system, the appointments will be made by Commissioner Levinson (Seat #3), Mayor Perlman (Seat #5), and Commissioner Costin (Seat #1). K. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) member to the Neighborhood Advisory Council for Zone Six for an unexpired term ending October 31, 2006. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). L. PURCHASE AWARD/LEVEL 5 SECURITY, INC: Consider approval of the purchase and installation of an Audio/Video Monitoring System from Level 5 Security, Inc. in the amount of $36,295.00 for the Police Depa~xient's Holding Facility and Investigative Interview Rooms. Funding is available from 115-2112-521-49.90 (Federal Forfeiture Account). M. CITY ATTORNEY EVALUATION. N. CITY MANAGER EVALUATION. 10. PUBLIC HEARINGS: A. ORDINANCE NO. 31-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance rezoning from GC (General Commercial) to CBD (Central Business District) for 41.53 acres of land for properties generally located on the north and south sides of West Atlantic Avenue, between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District. If passed, a second public hearing will be scheduled for October 19, 2004. B. ORDINANCE NO. 58-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR), Appendix "A" "Definitions", to provide a definition of "Adult Gaming Center", "Coin-Operated Amusement Devices", and "Slot Machines" and enacting a new Subsection 4.3.3(AA_A) "Adult Gaming Centers" and clarifying that adult gaming centers are conditional uses in the General Commercial (GC) and Planned Commercial (PC) Zoning Districts. If passed, a second public hearing will be scheduled for October 19, 2004. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 10-05-2004 5- 12. FIRST READINGS: A. ORDINANCE NO. 48-04: Future Land Use Map Amendments (FLUM) for two separate parcels that are part of land swap activity associated with the establishment of the Intracoastal Park site. The first parcel is a small-scale (FLUM) Amendment from TRN (Transitional) to MD (Medium Density Residential 5-12 dwelling units per acre) and rezoning from POD (Planned Office Development) to RM (Medium Density Residential) for a 0.13 acre that is currently owned by the Delray Harbor Club. The second parcel is a small-scale FLUM Amendment from TRN (Transitional), MD (Medium Density- Residential 5-12 dwelling units per acre), and OS-C (Open Space- Conservation) to OS-C (Open Space-Conservation) and rezonmg from POD (Professional Office District), RM (Medium Density Residential), and CD (Conservation District) to OS (Open Space) which consists of 4.47 acres, generally located on the east side of South Federal Highway between S.E. 10~ Street and Linton Boulevard. If passed, a public hearing will be scheduled for October 19, 2004. B. ORDINANCE NO. 61-04: An ordinance amending Chapter 35, "Employee Policies and Benefits", Section 35.095, "Contributions of Participant and City" Subsection (A), "Participants Contribution Account", by amending Subsection (A)(2) "Participant Contributions", to provide for an increased employee contribution. If passed, a public hearing will be scheduled for October 19, 2004 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission PO8TED: OCTOBER 1, 2004 10-05-2004 - 6 - CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - TUESDAY~ OCTOBER 5, 2004 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 9. REGULAR AGENDA O. PROPOSED COUNTY CHARTER AMENDMENT REGULATING VOLUNTARY ANNEXATION: Consider adoption of the resolution authorizing the City's participation in litigation regarding the proposed County Charter Amendment regulating voluntary annexation. 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. SEPTEMBER 21~ 2004 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, September 21, 2004. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - Commissioner Bob Costin Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Chevelle D. Nubin, Acting City Clerk 2_ The opening prayer was delivered by Rabbi Barry Silver with Congregation L'Dor VaDor. 3_ The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Perlman requested Item 9.0., Appointments to the Board of Ad.iustment, Item 9.P., Appointments to the Code Enforcement Board and Item 9.Q., Appointments to the Board of Construction Appeals be deferred to the regular City Commission meeting of September 21, 2004. In addition, Mayor Perlman requested Item 9.R., Appointment to the Neighborhood Advisory Council be deferred to the regular City Commission meeting of September 21, 2004. Mr. Levinson stated he would like to defer Item 9.S., CiW Attorne.y Evaluation and Item 9.T., Ci.ty Manager Evaluation to the regular City Commission meeting of October 5, 2004. Ms. McCarthy moved to approve the Agenda as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. APPROVAL OF MINUTES: Ms. McCarthy moved to approve the Minutes of the Regular Meeting of September 7, 2004, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. Mrs. Archer moved to approve the Minutes of the Special Meeting of September 14, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 6~ PROCLAMATIONS: 6.A. Recognizing N. Willard (Bill) Schwartz. Mayor Perlman read and presented a proclamation hereby recognizing and congratulating N. Willard (Bill) Schwartz on his many achievements and diligent service to others and wished him the best of health and happiness. Bill Schwartz came forward to accept the proclamation. 6.B. Walk Our Children to School Day - October 6~ 2004 Mayor Perlman read and presented a proclamation hereby proclaiming October 6, 2004 as Walk Our Children to School Day in the City of Delray Beach. Betsy Owen, Chairman of the Education Board, came forward to accept the proclamation and thanked the City of Delray Beach for supporting this program. Ms. Owen stated this is a national initiative to promote pedestrian safety and the fight against obesity. She announced this year children will be walking from Plumosa Elementary School on October 6, 2004 at 7:00 a.m. and recognized Scott Aronson, Parking Management Specialist, along with Jeff Messer and Jim Finley for their roles in supporting this program. Mayor Perlman stated this is the third consecutive year and the program was founded by Jim Smith. PRESENTATIONS: 7.A. "Spotlight on Education" - Judith Brennan~ Manager of School Boundaries and Demographics regarding the status of the Atlantic High School Boundaries Janet Meeks, Education Coordinator, stated the next Community Input Meeting is scheduled for Monday, September 27, 2004 at 6:30 p.m. in the auditorium at Atlantic High School. -2- 09/21/04 Judith Brennan, Manager of School Boundaries and Demographics/Atlantic High School, gave a brief presentation regarding the status of the Atlantic High School Boundaries. 7.B. ItIV/AI1)S among minority women in Delray Beach - Dr. Pierre Dorsainvil, Internal Medicine/Infectious Disease, and Elizabeth Robinson, Regional Minority AIDS Coordinator, Palm Beach County Health Department Dr. Pierre Dorsainvil, 600 N. Congress Ave., #430A, Delray Beach, stated Delray Beach is #3 with regard to HIV cases and #1 for AIDS cases and he feels people need to be educated regarding this disease. He distributed information to the Commission regarding HIV and AIDS. Sharon Hollis stated she has been HIV positive for 17 years and read a poem into the record. Ms. Hollis stated she has approached every State representative and the Governor asking for help; however, she also needs local volunteers and support. Mr. Levinson stated the School Board would also like to participate in helping. Mayor Perlman stated one of the big issues is education and information. He commented that if Dr. Dorsainvil needs assistance in helping to get the message out to the community then Ivan Ladizinsky, Public Information Officer can assist. Ms. McCarthy asked if the organization is available to participate if local festivals are being held in the City. Dr. Dorsainvil stated the organization has not started anything; however, he would be available to attend local festivals to speak and educate people regarding HIV and AIDS. 8_ CONSENT AGENDA: City Manager Recommends Approval. 8.A. CHANGE ORDER NO. 1/FINAL PAYMENT/RANDOLPH AND DEWDNEY CONSTRUCTION, INC.: Approve Change Order No. 1 in the amount of a $5,000.00 decrease, and final payment in the amount of $10,268.65 to Randolph and Dewdncy Construction, Inc. for completion of thc Municipal Cemetery Restroom Facility Project. Funding is available from 334-6111-519-62.10 (General Construction Fund/Buildings). 8.B. DUNE REVEGETATION: Authorize the Dune Revcgetation Tasks associated with thc Beach Rcnourishmcnt Project in the amount of $50,000.00. Funding is available from 332-4164-572-34.90 (Beach Restoration Fund/Other Contractual Services). 8.C. 2004 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG): Approve acceptance and the proposed allocation of the 2004 Local Law Enforcement Block Grant in the amount of $50,446.00 with a City match of funds in the amount of -3- 09/21/04 $5,605.00 for a total amount of $56,051.00. Funding is available from 115-2129-521- 14.10 (2004 LLEBG Overtime), 115-2129-521-21.10 (2004 LLEBG FICA), and 115- 2129-521-49.50 (2004 LLEBG Volunteer Program). 8.D. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 7, 2004 through September 17, 2004. 8.E. CONTRACT CHANGE ORDER NO. 1/D & J ENTERPRISES~ INC.: Approve Contract Change Order No. 1 to D & J Enterprises, Inc., Debris Management Contract, Exhibit "B" 3.0 to change the rate from $0.025 to $0.25 per cubic yard to correct contract error. 8.F. AWARD OF BIDS AND CONTRACTS: None. Mr. Levinson moved to approve the Consent Agenda, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/PALMS OF DELRAY: Consider an appeal of the Site Plan Review and Appearance Board's decision approving a Class IV Site Plan Modification, Landscape Plan, and elevations associated with the construction of two (2) new apartment buildings at the Palms of Delray, located on the south side of Dotterel Road, approximately 100 feet east of Jaeger Drive. (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he spoke with Michael Weiner. Ms. McCarthy, Mrs. Archer, and Mayor Perlman stated they have no ex parte communications to disclose other than the letters (additional information for Item 9.A. made a part of the record). Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-215 into the record and two letters dated September 21, 2004 from Raymond Schamis and Dianna BeDilion (a copy is attached hereto and made an official part of the minutes). -4- 09/21/04 Paul Dorling, Director of Planning and Zoning, stated the subject property is located on the south side of Dotterel Road, approximately 100 feet east of Jaeger Drive. Mr. Doffing stated the site plan approval was for Tract B and the homeowners association for Tract A is appealing that decision. Tract B is 5.335 acres and is zoned RM (Multiple Family Residential). The Palms of Delray was originally developed as two separate tracts (A&B). The City Commission approved the site plan for Tract A on August 14, 1978 and the site plan for Tract B on April 28, 1980. The two individual tracts were joined by unity-of-title as they were under the same ownership and shared a common recreation area. On April 10, 1984, the unity-of-title was released and the tracts are now under separate ownership. At its meeting of September 11, 2002, the Site Plan Review and Appearance Board (SPRAB) reviewed and approved the Class IV site plan modification, and landscape plan to construct an additional 14 rental units within the existing 32 unit Palms of Delray rental development. The Board approved the related architectural elevations on October 23, 2002. On March 26, 2004, the approved Class IV site plan modification expired. The applicant resubmitted the development proposal which was approved by SPRAB on July 28, 2004. A Board member from the adjacent development has filed an appeal of that decision. Staff recommends denial of the appeal based upon a finding that the Site Plan Review and Appearance Board (SPRAB) correctly considered the appropriate LDR Sections and related Comprehensive Plan policies in their deliberations of the site plan modification request for Palms of Delray. David W. Schmidt, Attorney representing the appellant (Palms of Delray Homeowners' Association), stated as noted by staff this was originally to be developed as a unified phase development (Tract A developed first to be followed by Tract B). Mr. Schmidt gave a brief presentation and stated Palms of Delray is 6 units in acre and as proposed if this is approved Tract B will be 8.62 units per acre and stated they have not given the additional 25% setback to comply with the performance standard. He stated the original developer put the drain line for the pool onto Tract B and if the Commission supports the site plan modification, his client will be forced to re-route the line at some expense. He feels the original intent of this unified proposal needs to be taken into account. Mr. Schmidt briefly discussed the survey and confirmed that the existing clubhouse is 4.9 feet from the property line. At the time that the unity-of-title was released, there was an issue about creating this encroachment of the existing clubhouse if the unity-of-title was released. At its meeting of April 10, 1984, the Delray Beach City Council voted to release the unity-of-title for Tracts A and B of the Palms of Delray, subject to the condition regarding the variances for the recreation building as set forth in the City Attorney's memorandum of April 3, 1984. However, Mr. Schmidt stated this has never been done and the developer is the successor and interest to the purchaser of Tract B. He respectfully requests that the site plan not move forward until this issue is addressed. In summary, Mr. Schmidt stated he does not believe the applicant has met some of the performance standards in order to have the increased density and does not believe it is compatible under LDR Section 2.4.5 with the idea of the original intent of the development. In addition, the issue of the setback for the encroachment into the setback by the clubhouse has to been addressed in addition to the roadway issue. 5 09/21/04 Michael Weiner, Attorney with Weiner & Aronson, P.A. (102 N. Swinton Avenue) representing the applicant, stated with respect to the last two items mentioned mainly whether or not the variances are required of them or required of their neighbors; or, whether or not the consent is required under the plat are issues which should be dealt with elsewhere not on an appeal. Mr. Weiner stated this began in September 2002 and stated his expert witnesses is the entire Planning and Zoning Department and the Site Plan Review and Appearance Board (SPRAB) which includes architects and experience with the real estate industry. Mr. Weiner stated the first approvals began in September 2002 and in October 2003 they came back and received more approvals concerning the elevations, and additional approvals in April 2004 regarding the handicapped spaces. Because there was a problem with the expiration of approvals, Mr. Weiner stated they came back another time which meant the site plan modification was considered again. He stated once again for the fourth time SPRAB approved the site plan modification and recommended approval. LDR Section 4.4.6 is scrutinized in detail in the July 28, 2004, staff report and LDR Section 4.4.6(a), LDR Section 4.4.6(b), and LDR Section 4.4.6(c), etc. has been met. Nanette O'Brien (Registered Broker in Delray Beach for 18 years), stated it is her professional opinion that if Mr. Michael's project is built there will be no material depreciation in value with respect to the neighboring property and construction will not cause a substantial depreciation in property values. At this point, Mr. Weiner gave a brief cross-examination and submitted a list of questions and stated his objection is noted for the record. David Schmidt stated he made a presentation on behalf of his clients and did not testify as an expert witness and feels cross-examination is inappropriate under these circumstances. At this point, Mr. Dorling gave a brief rebuttal: Mr. Dorling stated there were two issues discussed by Mr. Schmidt. One with respect to LDR Section 4.4.6 as it relates to increase in density. The Planning and Zoning staff report does outline that they do meet the criteria with the exception of LDR Section 4.4.6(c) relating to when immediately adjacent to a residential zoning district having a lower density. Staff notes that this is not applicable because RM (Multiple Family Residential - Medium Density) is adjacent to RM and it does not matter what was originally developed because that performance standard relates to the density. Mr. Dorling stated the density range is from 6-12 and if you have 8 one does not have to meet all the performance standards; if you have 12 one has to meet all the performance standards and noted there is a finding that they did meet all the requirements. He does not see any impact with respect to traffic. At this point, Mr. Weiner gave a brief rebuttal: -6- 09/21/04 Mr. Weiner stated they have met their competent substantial burden of proof because of Park of Commerce vs. City of Delray Beach and recommended that the Commission deny this appeal. Mr. Schmidt stated with regard to Mr. Weiner's comments about this process dragging on for years and that these issues could have been addressed a long time ago, he read into the record a few words from the July 28th SPRAB meeting. Mr. Schmidt stated the first his clients knew about this is when work first begin this year and that is why these points were not raised on appeal prior to that. Brief discussion by the Commission followed. Mr. Levinson moved to deny the appeal based upon a finding that the Site Plan Review and Appearance Board (SPRAB) correctly considered the appropriate LDR sections and related Comprehensive Plan policies in their deliberations of the site plan modification request for Palms of Delray, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion to DENY the appeal passed with a 4 to 0 vote. For the record, the City Attorney noted that the Commission based their decisions on all the testimony heard today including all the evidence in the Planning and Zoning staff report. At this point, the time being 7:26 p.m. the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 73-04 (MILLAGE LEVY): A resolution levying a tax on all properties within the City of Dclray Beach for operation and maintenance, and for payment of principal and interest on bonded indebtedness for FY 2005. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 73-04 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. -7- 09/21/04 (The official copy of Resolution No. 73-04 is on file in the City Clerk's office.) The City Attorney announced Resolution No. 73-04 levies a tax on all properties in the City of Delray Beach for fiscal year 2005 as follows: 7.45 mills for operation of maintenance of the General Fund; 0.55 mills for the payment of principal and interest on bond indebtedness for a total of 8.00 mills. The operating millage is decreased from 7.52 to 7.45 while debt service millage is increased from 0.48 to 0.55. The rolled back rate calculated under the TRIM law for operating purposes is 6.7619 mills. The millage rate is 10.18% above the rolled back rate. 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 Perlman declared the public heating open. There being no one from the public who wished to address the Commission regarding Resolution No. 73-04, the public hearing was closed. Mr. Levinson moved to approve Resolution No. 73-04, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 10.B. RESOLUTION NO. 74-04 (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 2005. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 74-04 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. 74-04 is on file in the City Clerk's office.) The City Attorney announced Resolution No. 74-04 levies a tax in the amount of 1.00 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for fiscal year 2005. This millage exceeds the 0.8477 rolled back rate calculated under the TRIM law by 17.97%. -8- 09/21/04 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 Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 74-04, the public hearing was closed. Mrs. Archer moved to approve Resolution No. 74-04, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 10.C. RESOLUTION NO. 75-04 (FY 2005 BUDGET ADOPTION): A resolution making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for thc period October 1, 2004 through September 30, 2005. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 75-04 is as follows: 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 Ist DAY OF OCTOBER, 2004, TO THE 30th DAY OF SEPTEMBER, 2005; 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. 75-04 is on file in the City Clerk's office.) A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 75-04, the public hearing was closed. -9- 09/21/04 Mr. Levinson moved to adopt Resolution No. 75-04, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 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 and FY 2005 Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. Prior to consideration of passage of this item on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. Paul Dorling, Planning and Zoning Director, stated the Planning and Zoning Board formally reviewed the Capital Improvement Plan and Capital Improvement Budget on September 20, 2004, as required by the Capital Improvement Element of the Comprehensive Plan. The Board unanimously recommended approval. Mayor Perlman re-opened the public hearing. There being no one from the public who wished to address the Commission regarding the Five Year Capital Improvement Plan, the public hearing was closed. Ms. McCarthy moved to approve the Five Year Capital Improvement Plan and fiscal year 2005 Capital Improvement Budget, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 47-04: Future Land Use Map (FLUM) Amendment from MD (Medium Density Residential 5-12 dwelling units per acre) to TRN (Transitional) and rezoning from RM (Medium Density Residential 6-12 dwelling units per acre) to RO (Residential Office) for a 0.86 acre parcel of land, a portion of the Lighthouse Property, bordered by S.W. 1st Street on the north, S.W. 1st Avenue on the east, and S.W. 2naAvenue on the west. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 47-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTUR~ LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) TO TRN (TRANSITIONAL); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM -10- 09/21/04 DENSITY RESIDENTIAL) DISTRICT TO RO (RESIDENTIAL OFFICE) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF SW 1sT STREET, BETWEEN SW 1sT AVENUE AND SW 2~q° AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-04 is on file in the City Clerk's office.) Chevelle D. Nubin, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson disclosed that he was an observer at the Community Redevelopment Agency (CRA) meeting. Ms. McCarthy disclosed that she attended a meeting at New Urban Communities. Mayor Perlman and Mrs. Archer disclosed that they too had a meeting several months ago with New Urban Communities. Paul Dorling, Director of Planning and Zoning, stated this is 0.86 acre parcel which is located at the former halfway house development known as The Lighthouse. The mixed-use development will contain approximately 10,000 square feet of office floor area and 30 townhomes. The proposed office use is permitted under the proposed RO (Residential Office) zoning, but would not be allowed under the existing RM (Medium Density Residential) zoning. At its meeting of August 16, 2004, the Planning and Zoning Board held a public heating in conjunction with the Future Land Use Map Amendment and Rezoning request. There was no public testimony regarding the request and after reviewing the staff report and discussing the proposal, the Board recommended approval of both the rezoning and the small scale amendment with a 5-0 vote (Pike absent, Morris stepped down). Staff recommends approval of the request. Kevin Rickard, New Urban Communities, stated they are'asking for a rezoning for less than one acre of the site referred to as The Lighthouse primarily because they feel it is a good transitional use for the area. Mrs. Archer moved to adopt Ordinance No. 47-04 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. -11- 09~1~4 10.E. ORDINANCE NO. 50-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) Section 4.4.18(B)(4), "Service Industry", of the Planned Commerce Center Zoning District, Allowed Uses, to add "Food Catering Establishments, preparation, and storage only (No Food Served on Premises)" as a permitted usc. Prior to consideration of passage of this ordinance on Second Reading/Second Public Hearing, a public hearing has been scheduled to bc held at this time. Thc caption of Ordinance No. 50-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.4.18, "PLANNED COMMERCE CENTER (PCC) DISTRICT", SUBSECTION 4.4.18(B), "ALLOWED USES", SUB- SUBSECTION 4.4.18(B)(4), "SERVICE INDUSTRY", PROVIDING THAT FOOD CATERING ESTABLISHMENTS, PREPARATION AND STORAGE ONLY, ARE AN ALLOWED USE WITHIN THE "SERVICE INDUSTRY" CLASSIFICATION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 50-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is a privately initiated amendment. Mr. Dorling stated the required findings are made in the Planning and Zoning staff report and this is consistent with other service industry uses and noted this is appropriate. Mayor Perlman declared the public heating open. There being no one from the public who wished to address the Commission regarding Ordinance No. 50-04, the public heating was closed. Ms. McCarthy moved to adopt Ordinance No. 50-04 on Second Reading/Second Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. -12- 09~1m4 10.F. ORDINANCE NO. 35-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) Section 4.6.9(E), "Location of Parking Spaces", relating to in-lieu fees and amending Appendix "A .... Definitions", by enacting a definition for new development, redevelopment, and in- fill development. If passed, a second public hearing will be scheduled for October 5, 2004. Prior to consideration of passage of this ordinance on FIRST Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The caption o£ Ordinance No. 35-04 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 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION OF PARKING SPACES" TO PROVIDE FOR CHANGES IN THE IN-LIEU PARKING FEE, MAXIMUM NUMBER OF IN-LIEU SPACES THAT MAY BE PURCHASED, ALTERNATIVES TO PURCHASING IN-LIEU FEE PARKING SPACES, AND AMENDING THE IN-LIEU FEE DISTRICT MAP TO REFLECT EXPANSION OF AREA 2; AMENDING APPENDIX "A" BY ENACTING A DEFINITION FOR "NEW DEVELOPMENT, REDEVELOPMENT AND IN-FILL DEVELOPMENT"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 35-04 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 in June of 2003 the Parking Management Advisory Board directed staff to develop some more stringent criteria for the in-lieu fee program. Mr. Dorling stated the Historic Preservation Board (HPB) reviewed this on December 3, 2003 and recommended approval. The Site Plan Review and Appearance Board (SPRAB) reviewed the proposed amendment on December 3, 2003 and the Board recommended approval. The Pineapple Grove Main Street Board (PGMS) reviewed the proposed amendment on December 8, 2003 and no formal action was taken by the Board. The West Atlantic Avenue Redevelopment Coalition (WARC) reviewed the proposed amendment on December 10, 2003 and the Board felt that the imposition of any restrictions or modifications to the program might -13- 09/21/04 stifle development in the area and requested that the West Atlantic Avenue corridor be excluded from any proposed modifications. The Community Redevelopment Agency (CRA) reviewed the proposed amendment on March 19, 2004 and the CRA Director suggested that developers should be credited for the construction of on-street parking spaces in the public right-of-way. This was addressed and incorporated into the final draft of the ordinance and the Board recommended approval. The Downtown Development Authority (DDA) reviewed the proposed amendment and the Board recommended approval. The Parking Management Advisory Board (PMAB) reviewed the proposed amendment on February 25, 2004 and the Board recommended approval. Mayor Perlman declared the public hearing open. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, agrees with the recommendation set forth by the City Manager regarding the shared parking. He supports shared parking; however, he does not believe the applicants should receive a refund of in-lieu fees. Mr. Smith commented about the payment method for in-lieu parking and discussed the two payment options. Secondly, he commented about the logic in the in-lieu fee area in paragraph (E)(3)(a) and does not feel it would be in the best interest of the City to exempt in-fill development from the new development. He also expressed concern over the cost of the in-lieu parking fee, the operating expenses and maintenance for the in-lieu spaces. There being no one from the public who wished to address the Commission regarding Ordinance No. 35-04, the public heating was closed. Brief discussion by the Commission followed. Mr. Levinson stated he concurs with the City Manager on the shared parking and would recommend that paragraph (E)(6) be removed from the ordinance. Secondly, Mr. Levinson stated by placing a cap the number of in-lieu spaces would attempt to deal with demand and he feels this is more of a supply problem. He stated it is up to government to create these supply spaces particularly in redevelopment areas. Mr. Levinson supports amending the proposed regulation to include the two changes. Mrs. Archer stated she concurs with comments expressed by Mr. Levinson. However, she concurs with comments expressed by Mr. Smith that new development provides parking lot premise. Mayor Perlman concurs with comments expressed by Mr. Levinson. The City Manager commended staff and the Boards for the outstanding job they have done. He stated in the process of working on this staff has put out inquiries about what other people are doing and he noted this is very innovative and believes the parking will happen. The City Manager stated the City of Delray Beach owns land where additional garages can be built. -14- 09/21/04 Mrs. Archer stated one of the issues that also have to be addressed is whether or not the City is going to continue to use in-lieu spaces or are we going to require an assignment of space or shared use of space in parking garages. She feels this should be taken into consideration as staff begins to move forward. Mayor Perlman concurred with comments expressed by Mrs. Archer. Ms. McCarthy moved to approve Ordinance No. 35-04 on First Reading/First Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - No; Mayor Perlman - No. Said motion was DENIED with a 4 to 0 vote. 10.G. ORDINANCE NO. 53-04: 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 increasing contracted garbage, trash, recycling, vegetation, and bulk waste collection service rates by 2.3% for FY 2005 effective October 1, 2004. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 53-04 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 2005; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 53-04 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 Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 53-04, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 53-04 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer -15- 09/21/04 - Yes. Said motion passed with a 4 to 0 vote. 10.II. ORDINANCE NO. 55-04: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for an eight (8) percent increase in User Charges and an increase of $0.045 per 1,000 gallons for treatment costs effective October 1, 2004. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 55-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY 2005; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 55-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public heating open. There being no one from the public who wished to address the Commission regarding Ordinance No. 55-04, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 55-04 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 10.I. ORDINANCE NO. 56-04: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide for a two (2) percent increase in residential, nonresidential, and irrigation rates for FY 2005 effective October 1, 2004. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public heating has been scheduled to be held at this time. -16- 09/21/04 The caption of Ordinance No. 56-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR INCREASED RESIDENTIAL, NONRESIDENTIAL AND IRRIGATION RATES FOR FY 2005; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 56-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 56-04, the public heating was closed. Ms. McCarthy moved to adopt Ordinance No. 56-04 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 10.J. ORDINANCE NO. 54-04: An ordinance amending Chapter 110, "Occupational Licenses Generally", Section 110.15, "License Tax Schedule", of the City Code of Ordinances to provide for a five (5) percent increase in all occupational license tax fees effective October 1, 2004. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 54-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY", SECTION 110.15, "LICENSE TAX SCHEDULE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO PROVDE FOR AN INCREASE IN OCCUPATIONAL LICENSE FEES: PROVIDING A -17- 09/21/04 GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 54-04 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 Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 54-04, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 54-04 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 10.K. TRANSFER OF PROPERTY/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Consider the re-approval of transferring a two (2) foot strip of property adjacent to Atlantic Avenue (new library site) to the Florida Department of Transportation which is requiring this for road right-of-way. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding this item, the public hearing was closed. Mrs. Archer moved to approve the transfer of a two (2) foot strip of property adjacent to Atlantic Avenue (new library site) to the Florida Department of Transportation, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. The City Manager had no comments or inquiries on non-agenda items. 11.B. From the Public. ll.B.1. Alice Finst, 707 Place Tavant, Delray Beach, speaking on behalf of the Chatelaine Homeowners' League, she expressed concern over thc "hat racking" that has been prominent especially after Hurricane Frances. She stated in the past she called -18- 09/21/04 numerous times based on what she believed were violations of City Code which supported preservation of mature trees. Mrs. Finst stated the interpretation she had of "preservation" did not meet with the people she spoke to and the trees continued in their pruning process to the point where they were "hat racked". She suggested that the City look into re-interpretation of the existing Code and review the process that was done about a year ago where the City Commission passed an ordinance as part of licensing for yard maintenance which required some training in care of equipment to prevent spread of citrus canker. Speaking per the direction of the President of the Homeowners' League of Chatelaine, Mrs. Finst stated there is a swimming pool that is not fenced in the Chatelaine neighborhood and she feels this is an unsafe situation. The City Manager stated Code Enforcement has been in contact with the owner and the owner seems to be responding to what the City is asking him to do. ll.B.2. Jim Smith, 1225 S. Ocean Boulevard #202, Delray Beach, FL 33483 stated voters recently approved a $24 million Parks and Recreation Plan and he feels the Plan did not include many of the "Quality of Life" improvements previously identified as highly desirable by the residents. He read a brief statement into the record regarding the "Quality of Life" improvements (a copy is attached hereto and made an official part of the minutes). At this point, the time being 8:13 p.m. the Commission moved back to Item 9.B. of the Regular Agenda. 9.B. CONDITIONAL USE REQUEST/GROVE SQUARE: Consider a request for conditional use approval to allow for a density in excess of 30 units per acre (38.2 dwelling units per acre) and to allow for building height up to 54' 3" for Grove Square, a proposed mixed-use development consisting of 800 square feet of retail floor area and 55 dwelling units, located at the northeast comer of S.E. 1st Street and S.E. 2nd Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte contacts. Mr. Levinson stated he met with Mr. Listick and his client. Ms. McCarthy stated she met with Attorney's Listick & Krall and their client at their office. In addition, Ms. McCarthy stated she also received a telephone call from a peer (Andrew Barber). Mayor Perlman stated he did not have any meetings because of hurricanes and illness. Mrs. Archer stated she met with Mr. Listick. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-287 into the record. - 19- 09/21/04 Mr. Dorling stated this project involves the demolition of the existing four-story office building and nightclub/bar (City Limits) along with its associated pavilion and outdoor bar, and the construction of a five-story mixed-use building which will include 800 square feet of retail floor area and a 61 space parking garage on the first level; a 62 space parking garage on the second level; and residential dwelling units on the third, fourth and fifth levels (55 dwelling units in total). The conditional use approval has been requested to allow a density in excess of 30 units per acre (38.2 du/ac is proposed) and to allow for a building height of up to 60' (54'-3" is proposed). Mr. Dorling stated the project has been before the Planning and Zoning Board on July 19th. At that time, they were requesting a height increase to 56 feet and a unit breaker density of 43.75 units to the acre which resulted in 63 dwelling units. The Board had some concems at that time regarding the granting of conditional use for both density and height in the same development and for the lack of commercial floor area along S.E. 2nd Avenue. Therefore, the Board tabled this and gave direction to the applicant and the applicant has further stepped back the building to reduce the bulk of the structure and has provided modifications reducing the height slightly and to some of the units to the lower levels indicated and they have added 800 square feet of floor area. The required findings as they relate to height is Section 4.3.4(J)(4)(b) are made in the staff report and the performance standards Section 4.4.13(I) which relate to granting of density increases and noted five of those performance standards have been met. Three additional ones can be met with conditions of approval which are attached and endorsed by the Planning and Zoning. At its meeting of August 16, 2004, the Planning and Zoning Board held a public hearing in conjunction with the conditional use requests. There was no public testimony regarding the request. After deliberation, the Board moved a recommendation of approval for the conditional use request to allow for a building height of 54'-3" on a vote of 3-2 (Borchardt and Morris dissenting, Pike absent, Krall stepped down) and moved a recommendation of approval for the conditional use request to allow for a density of 38.2 du/ac on a vote of 4-1 (Borchardt dissenting, Pike absent, Krall stepped down), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.3.4.(J)(4)(b), 4.4.13(I), and Chapter 3 of the LDR's, subject to the conditions listed in the Planning and Zoning Board staff report. The Community Redevelopment Agency (CRA) had some concerns with respect to the fifth floor and wanted some additional setback dimensions to mitigate its mass and also expressed concerns relating to the lack of retail and requested that the height not be approved in excess of 48 feet. At their meeting of August 12, 2004, the CRA reconsidered this and there was a consensus that they still wanted the building to be 48 feet. Michael Listick, Attorney with Listick & Krall, P.A., representing Faison- Grove Square, L.L.C. (applicant), stated all the legal requirements have been met. - 20 - 09/21/04 Randall Stofft, Randall Stoffi Architects, gave a brief overview of the architectural elevations and he feels the development will be a great addition to the area. Pryse Elam, Developer, 219 S.E. 7th Avenue, Delray Beach, FL, 33483, stated this is his first project in Delray Beach and this is a very narrow site running along a very active freight train track. Mr. Elam stated putting units on the ground next to all of the rumbling noise was not an option. Therefore, he designed two levels of parking; one being partially in the ground and then put the units above the parking and the purpose of doing this is to get those units as far away from the train tracks as possible. Secondly, these are smaller units compared to what is typically found in Delray Beach with sizes starting a little less than 1,000 square feet in addition to taller ceilings. Mr. Listick stated in conclusion they have met all the requirements for density and height; worked with Planning and Zoning staff to make changes to comply with all the design requirements; designed a project that will reduce traffic, increased parking available to the public and have agreed to demolish an eyesore of a 60 foot building. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the project, to come forward at this time. Alice Finst, 707 Place Tavant, Delray Beach, FL, 33445, representing Progressive Residents of Delray (PROD), asked about the people who live here and voted to keep the height limit at 48 feet. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, FL 33483, supports the applicant and while he believes there should be laws that limit the height, he thinks there should be exceptions to the limitations. Tony Boueri, owner of Style & Wine, supports the developer and the project. No one else from the public came forward to speak in favor or in opposition of the project; therefore the public hearing was closed. Mr. Levinson stated he hopes there will be sufficient lighting along 2nd Avenue. Ms. McCarthy asked if there is a request for in-lieu parking associated with this project. Mr. Dorling stated they provide all of their required spaces and a few spaces over and above their requirement. In addition, they will also provide 12 on-street parking spaces for the public. Mayor Perlman asked for clarification as to whether the CRA voted on this project. Mr. Dorling stated it was his understanding there was a consensus reached that the applicant did not address their initial concerns between the first time they saw it -21 - 09/21/04 and the second time they saw it. Mr. Levinson stated he attended the CRA meeting and there was mixed reviews regarding the height and there was no official vote. Mayor Perlman stated there was some testimony regarding affordability and asked how affordability is being redefined in relation to this project. Mr. Listick stated there will be nothing under $200,000 and commented that affordability does not have an official definition in his mind. Prior to the motion, Mayor Pedman expressed concerns over the height limit being in excess of 48 feet and stated a building that is beyond four stories does change the character. He concurs with the applicant that this is a core block of the City and expressed concern over a mixed-use building that only has 800 square feet of retail. Mayor Perlman stated a key element to the downtown is residential, retail, restaurants and employment and he feels the missing element to the downtown is the lack of employment. Mrs. Archer stated the size of this building and location of the lot prohibit a lot more retail will still being able to meet the parking requirements. She feels the developer has gone above and beyond to accommodate the City. Mrs. Archer stated across the street there will be a parking garage and she feels it will be difficult to put more retail on this location at the current time. Ms. McCarthy stated this is one building where she feels the developer has been creative and put the parking within the building and they do not compromise the Comprehensive Plan and the City's goals. She stated they have kept the viable businesses on Atlantic Avenue in place so that it embraces the goals especially for the pedestrian walk. Ms. McCarthy stated they have done the setback required of them and she strongly supports the project largely because of their being self-contained. Mr. Levinson stated he is sensitive to the issue of height; however, he disagrees with comments expressed by a member from the public and stated people voted for 48 feet with an exception in the CBD (Central Business District) for 60 feet when appropriate. Mr. Levinson moved to approve the conditional use request to allow for a building height in excess of 48 feet (54' - 3") for Grove Square, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.3.4(J)(4)(b), and Chapter 3 of the LDR's subject to the conditions listed in the Planning and Zoning Board staff report; and, with the added condition that the excess height apply only to the project as proposed and does not apply to the current buildings that exist fronting Atlantic Avenue, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - No; Mrs. Archer - Yes. Said motion passed with a 3 to 1 vote. - 22 - 09/21/04 Mr. Levinson moved to approve the conditional use request to allow for a density in excess of 30 units per acre (38.2 du/ac) for Grove Square, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.13(I), and Chapter 3 of the Land Development Regulations, subject to the conditions listed in the Planning and Zoning Board staff report; and, with the added condition that the density apply only to the new construction and not on the existing commercial space fronting Atlantic Avenue, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - No; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 3 to 1 vote. 9.C. REQUEST FOR IN-LIEU PARKING SPACES/JOE'S RESTAURANT: Consider a request from Joe's Restaurant for the purchase of four (4) in-lieu parking spaces in the mount of $48,000.00. Joe's Restaurant is located at 19-23 S.E. 5th Avenue (Southbound Federal Highway). (Quasi-Judicial Hearing) Chevelle D. Nubin, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he had a telephone conversation earlier today with Jay Hasner. Ms. McCarthy stated she too had a telephone conversation today with Jay Hasner. Mayor Perlman stated he received a message from Jay Hasner; however, he did not get the opportunity to return the call. Mrs. Archer had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-343 into the record. Mr. Dorling stated this request is a Class III site plan modification to convert 1,320 square feet of an existing Barber Shop and retail bay to a restaurant. This proposed conversion requires the provision of four (4) additional spaces to accommodate the difference between these uses. LDR Section 4.6.9(E)(3) states "If it is impossible or inappropriate to provide the required on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking..." The applicant is requesting to purchase four (4) in-lieu spaces at a cost of $12,000 per space totaling $48,000. The subject property has a pre-existing non- conformity (5 space shortage) with respect to parking and currently has no parking spaces. The approval of this request would result in the property having 100% of its parking through a combination of a pre-existing nonconformity credit and in-lieu of fees. At its meeting of August 12, 2004, the Community Redevelopment Agency considered the request and recommended approval; at its meeting of August 13, 2004, the Downtown Development Authority considered the request and while not having a quorum, provided a consensus of approval; and, at its meeting of August 24, 2004, the Parking Management Advisory Board recommended approval of the proposed project. - 23 - 09/21/04 Michael Weiner, Attorney with Weiner & Aronson, P.A. (102 N. Swinton Avenue) representing Joe's Restaurant (applicant), stated the way in-lieu is presently structured they meet the criteria under the old ordinances. Mr. Weiner stated they are proceeding under LDR Section 4.6.9(E)(3) which states "If it is impossible or inappropriate to provide the required on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking..." Mr. Weiner stated the applicant showed that it is impossible or inappropriate to provide the required number of spaces. Mr. Weiner made reference to the Comprehensive Plan and read Policy C.4-1 of the Future Land Use Element into the record. Mr. Weiner stated the applicant is not putting a restaurant on the second floor and noted they have met the burden of proof under the existing in-lieu parking ordinance. Mayor Perlman declared the public hearing open. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, read into the record a statement regarding Downtown Parking Problems (a copy is attached hereto and made an official part of the minutes). There being no one else who wished to address the Commission regarding the in-lieu request, the public heating was closed. At this point, Mr. Weiner gave a brief rebuttal. Mrs. Archer moved to approve the request fi.om Joe's Restaurant for the purchase of four (4) in-lieu parking spaces totaling $48,000.00, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.D. REQUEST FOR IN-LIEU PARKING SPACES/COLD STONE CREAMERY: Consider a request fi.om Cold Stone Creamery for the purchase of five (5) in-lieu parking spaces in the amount of $60,000.00. Cold Stone Creamery is located at 110 East Atlantic Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-350. Mr. Dorling stated the request is a conversion of 1,607 square feet of office space to a restaurant. LDR Section 4.6.9(E)(3) states "If it is impossible or inappropriate to provide the required on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required - 24 - 09/21/04 parking..." The applicant is requesting to purchase five (5) in-lieu spaces at a cost of $12,000 per space totaling $60,000 to be paid in full upon issuance of a building permit. At its meeting of August 26, 2004, the Community Redevelopment Agency (CRA) considered this request and the Board recommended denial of the proposed project with a 2-3 vote based on a concern with the number of in-lieu spaces requested; at its meeting of August 13, 2004, the Downtown Development Authority while not having a quorum, provided a consensus approving the proposed project; and at its meeting of August 24, 2004, the Parking Management Advisory Board recommended approval of the applicant's request by a 4-3 margin. Michael Weiner, Attorney with Weiner & Aronson, P.A. (102 N. Swinton Avenue) representing Cold Stone Creamery (applicant), stated the way in-lieu is presently structured they meet the criteria under the old ordinances and under these circumstances have met the burden of proof. Mayor Perlman declared the public hearing open. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, read into the record a statement regarding Parking Facts (a copy is attached hereto and made an official part of the minutes). Mr. Smith stated he supports staff's recommendation. There being no one else who wished to address the Commission regarding the in-lieu request, the public hearing was closed. At this point, Mr. Weiner gave a brief rebuttal. Ms. McCarthy moved to approve the request from Cold Stone Creamery for the purchase of five (5) in-lieu parking spaces 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 Section 4.6.9(E) of the LDR's, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.E. REQUEST FOR IN-LIEU PARKING SPACES/ATLANTIC COFFEE ANI) TEA: Consider a request from Atlantic Coffee and Tea for the purchase of two (2) in-lieu parking spaces in the amount of $24,000.00. Atlantic Coffee and Tea is located at 504 East Atlantic Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. - 25 - 09/21/04 Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-339 into the record. Mr. Dorling stated this developer initially received approval' for three (3) in-lieu spaces. Subsequent to paying the required $36,000 certain site plan modifications were submitted reducing the square footage of the proposed project resulting in a reduction of required in-lieu spaces to one (1) space. Atlantic Coffee & Tea has submitted a Class III site plan modification to convert a total of 750 square feet of retail space within the Atlantic Antique Mall to restaurant. The site plan proposes to convert 500 square feet on the first level to a coffee shop and an additional 160 square feet on the second level for an associated seating area. Francisco Perez-Azua, applicant, announced he is present for any questions. Mayor Perlman declared the public hearing open. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, read into the record a statement regarding Parking Responsibility (a copy is attached hereto and made an official part of the minutes). Mr. Smith stated he supports staff's recommendation. There being no one else from the public who wished to address the Commission regarding the in-lieu request, the public hearing was closed. Mayor Perlman stated the City is building numerous parking garages, looking at the ordinance, and moving with all due haste. Mrs. Archer moved to approve the request from Atlantic Coffee & Tea for the purchase of two (2) in-lieu spaces in the amount of $24,000.00, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.F. REQUEST FOR IN-LIEU PARKING SPACES/MANO-A-MANO (AKA TAPAS): Consider a request from Mano-A-Mano (aka Tapas) for the purchase of one (1) in-lieu parking space in thc amount of $6,000.00. Mano-A-Mano is located at 8 East Atlantic Avenue. (Quasi-Judicial Hearing) Chcvellc D. Nubin, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked thc Commission to disclose any ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-336 into thc record. - 26 - 09/21/04 Mr. Dorling stated this is a request for a Class III site plan modification to convert a 2,850 square foot retail bay to restaurant. The restaurant, renamed Mano-A- Mano, has submitted a Class III site plan modification for the conversion of the 346 square foot second floor residential space to office space associated with the first floor restaurant. LDR Section 4.4.13(G)(1) requires one (1) additional parking space at a cost of $6,000 to be paid in full upon issuance of the building permit. At its meeting of August 12, 2004, the Community Redevelopment Agency (CRA) unanimously recommended approval; at its meeting of August 13, 2004, and while not having a quorum, the Downtown Development Authority (DDA) provided a consensus approving the project; and, at its meeting of August 24, 2004, the Parking Management Advisory Board (PMAB) unanimously recommended approval. At this point, the applicant announced he is present for any questions. Mayor Perlman declared the public hearing open. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, read into the record a statement regarding Parking (a copy is attached hereto and made an official part of the minutes). Mr. Smith stated he supports staff's recommendation. There being no one else from the public who wished to address the Commission regarding the in-lieu request, the public heating was closed. Mrs. Archer moved to approve the request from Mano-A-Mano (a/k/a Tapas) for the purchase of one (1) in-lieu parking space in the amount of $6,000.00, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson -Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.G. REQUEST FOR IN-LIEU PARKING SPACES/329 PINEAPPLE GROVE WAY: Consider a request from 329 Pineapple Grove Way for the purchase of one (1) in-lieu parking space in the amount of $6,000.00. (Quasi-Judicial Hearing) Chevelle D. Nubin, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2003-345 into the record. Mr. Dorling stated recently the Site Plan Review and Appearance (SPRAB) approved a mixed use building located at 329 Pineapple Grove Way which includes 4,621 square feet of retail space on the ground floor and four (4) residential units - 27 - 09/21/04 on the second floor. The site plan proposes the construction of a 23 space parking lot to the rear of the structure on the west side of the property and an additional four (4) parallel parking spaces adjacent to the alley for a total of 27 spaces. LDR Section 4.6.9(E)(3)(e) states if it is impossible or inappropriate to provide the required on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking. At its meeting of September 11, 2003, the Community Redevelopment Agency (CRA) approved the development proposal; at its meeting of September 19, 2003, the Downtown Development Authority (DDA) approved the development proposal; at its meeting of October 6, 2003, the Pineapple Grove Design Committee approved the development proposal; and, at its meeting of October 22, 2003, the Site Plan Review and Appearance Board (SPRAB) approved the development proposal. Mayor Perlman declared the public heating open. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, read into the record a statement regarding Parking Shortages (a copy is attached hereto and made an official part of the minutes). Mr. Smith stated he supports staff's recommendation. There being no one else who wished to address the Commission regarding the in-lieu request, the public heating was closed. Mr. Levinson moved to approve the request from 329 Pineapple Grove Way for the purchase of one (1) in-lieu parking space in the amount of $6,000.00, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.H. GOLF COURSES MANAGEMENT SERVICE AGREEMENT/BJCE~ INC: Consider approval of an agreement between the City and BJCE, Inc. to provide for the management services at the Municipal Golf Course and the Lakeview Golf Course for the period October 1, 2004 through September 30, 2008. Mr. Levinson commented about Item 9 (Performance Bonus) on Page 5 of the agreement. Robert A. Barcinski, Assistant City Manager, stated this language was changed one year ago due to direction of the City's Bond Attorney. Mr. Levinson stated he would like to ensure the point system is continued which may include revenues or net income. Mr. Levinson stated the agreement calls for the marketing business plan to be provided by August 31st and he would like to ensure that is envisioned to include the pricing of the golf course. He stated he wants to make sure that this is being done early enough so that it can be used in the calculation of revenues as opposed to after the fact. Ms. McCarthy asked if the August 31st date should be amended to reflect an earlier date prior to the budget review process. The City Manager suggested that the - 28 - 09/21/04 company submit a marketing business plan on a yearly basis by July 1st. The Commission concurred that the date be changed from August 31st to July 1st. Mr. Levinson moved to approve the agreement between the City and BJCE, Inc. to provide for the management services at the Municipal Golf Course and the Lakeview Golf Course as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.I. TENNIS FACILITIES MANAGEMENT SERVICE AGREEMENT/DUBIN AND ASSOCIATES~ INC.: Consider approval of an agreement between the City and Dubin and Associates, Inc. to provide for the management services at the Municipal Tennis Center and the Delray Swim and Tennis Club for the period October 1, 2004 through September 30, 2008. The same changes discussed in Item 9.H. also apply to the Tennis Facilities Management Service Agreement. Mr. Levinson moved to approve the Tennis Facilities Management Service Agreement between the City and Dubin and Associates, Inc. as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.J. FY 2005 GOLF RATES/LAKEVIEW GOLF COURSE: Approve the proposed FY 2005 maximum golf rates for the Lakeview Golf Course. Robert A. Barcinski, Assistant City Manager, stated this is a request for the proposed maximum rate schedule for the Lakeview Golf Course along with a rate comparison for other like golf courses. Fees proposed are in line with other comparable courses. Mr. Levinson stated numbers are not coinciding between the competitive analysis and what the existing rates are as being shown. He stated he would like to leave the existing rates the way they are until the first City Commission meeting in October. It was the consensus of the Commission to delay this item to the regular City Commission meeting of October 5, 2004. 9.K. FY 2005 GOLF RATES/MUNICIPAL GOLF COURSE: Approve the proposed FY 2005 maximum golf rates for the Municipal Golf Course. It was the consensus of the Commission to delay this item to the regular City Commission meeting of October 5, 2004. 9.L. FY 2005 TENNIS RATES/TENNIS FACILITIES: Approve the proposed FY 2005 maximum tennis rates for the Tennis Facilities. - 29 - 09/21/04 It was the consensus of the Commission to delay this item to the regular City Commission meeting of October 5, 2004. 9.M. SPECIAL EVENT REQUEST/CELEBRATE AMERICA: Consider a special event request to allow "Celebrate America" sponsored by Perfect Results, Inc., to be held on October 16, 2004 from 11:00 a.m. until 7:00 p.m. and to authorize staff assistance for traffic control/security, trash removal/clean up, event signage, and barricade set up with event signage to be installed no earlier than October 8, 2004; contingent on the sponsor providing a hold harmless agreement and a certificate of liability insurance by October 8, 2004. Robert A. Barcinski, Assistant City Manager, stated this item is a request for City Commission approval of a special event entitled "Celebrate America" sponsored by Perfect Results, Inc. to be held on October 16, 2004 from 11:00 a.m. to 7:00 p.m., and to authorize staff support for traffic control and security, trash removal and clean up assistance, barricading assistance and event signage. Estimated staff overtime for this event is about $2,650 and the cost for signage is $250. Originally EMS service was requested; however, the Fire-Rescue Department does not feel it is necessary for this event. Staff recommends approval with the following conditions: (1) Sponsor submits an executed Hold Harmless Agreement by 10/08/04; (2) Sponsor submits a copy of liability insurance certificate by 10/08/04, and (3) Event signage to be installed no earlier than 10/08/04. Mrs. Archer inquired about the sixty day notice for an event and the partial list of partners and whether or not these individuals are participating. Ms. Tolliver stated the list of partners is people that she has a working relationship with that are always invited to all of the events. Ms. Tolliver stated she directly sponsors through her company or through other agencies and provides consulting services for these individuals. Jane Bassa Tolliver, Perfect Results, Inc. stated the event is free and thanked the Commission for their support. She stated the festival is geared toward inviting people to come to a festive atmosphere and Phase two is a television production which will be a production that the company will produce that will be shown on television and will highlight these success stories and key elements of the City of Delray Beach. Mr. Levinson moved to approve the special event request to allow "Celebrate America" sponsored by Perfect Results, Inc. to be held on October 16, 2004 from 11:00 a.m. until 7:00 p.m., subject to the three conditions as recommended in staff's memorandum dated September 13, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.N. INTERLOCAL AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY (CRA)/LANDSCAPING IMPROVEMENTSfN.E. 3tm AVENUE: Consider approval of an Intcrlocal Agreement between thc City and the - 30- 09/21/04 Community Redevelopment Agency (CRA) in an amount not to exceed $33,000.00 to fund the landscaping and irrigation improvements for the N.E. 3rd Avenue Beautification drainage areas and $6,970.00 for the removal of Australian Pine Trees. Funding is available from 334-3162-541-63.20 (General Construction Fund/Landscaping/Beautification). Brian Shutt, Assistant City Attorney, stated this agreement is between the Community Redevelopment Agency (CRA) and the City of Delray Beach and provides for the CRA to provide certain funding for landscaping and irrigation improvements along N.E. 3rd Avenue as well as to provide funding to remove certain AUstralian pine trees. Mrs. Archer moved to approve the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) in the amount not to exceed $33,000.00, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.0. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY COMMISSION MEETING OF OCTOBER 5~ 2004. 9.P. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY COMMISSION MEETING OF OCTOBER 5~ 2004. 9.Q. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY COMMISSION MEETING OF OCTOBER 5~ 2004. 9.R. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY COMMISSION MEETING OF OCTOBER 5~ 2004. 9.S. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY COMMISSION MEETING OF OCTOBER 5~ 2004. 9.T. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY COMMISSION MEETING OF OCTOBER 5~ 2004. 12. FIRST READINGS: None. 13~ COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. Ci.ty Manager The City Manager had no comments or inquiries on non-agenda items. -31 - 09/21/04 13.B. City Attorney The City Attomey had no comments or inquiries on non-agenda items. 13.C. Ci~. Commission 13.C.1. Mrs. Archer Mrs. Archer had no comments or inquiries on non-agenda items. 13.C.2. Ms. McCarthy Ms. McCarthy asked whether the rest of the Commission has been receiving emails that do not go through because of the "esafe" block. She stated the Resurrection Life Fellowship Church of God located at 209 S.W. 5th Avenue in Delray Beach is doing a relief effort for both Jamaica and Haiti. 13.C.3. Mr. Levinson Mr. Levinson stated there are some good ordinances with regard to the issue of trees and stated he is not concerned with "hat racking" anymore because he thinks the City can go ahead and take things down if property owners do not. Mr. Levinson suggested that staff draft something that addresses some of these problems because he believes it was the source of a lot of the frustration that people had with regard to losing their electricity. Secondly, he stated he is glad to see there has been an update on the email system/list serve and asked for a preview of it beforehand to ensure it meets the objectives of the Commission. With regard to the response system for complaints and comments (the Better Place Complaint/Compliment Tracking System), Mr. Levinson stated there was some discussion about whether or not an automated response system could be generated so that when a person places a complaint or comment they can get an acknowledgment that the complaint or comment was at least received. He suggested that an automated response system be implemented to alert people that their comments have been received. He commented about a letter he received from the Museum of Lifestyle and Fashion and how it would be approximately 1 ½ years before anything would be done with the property. Mr. Levinson stated he previously expressed his concern about the potential contamination on this site and whether it may have any impact on the community. He suggested that if it is going to take this long that the City may want to consider eminent domain to clean up the property. In addition, Mr. Levinson stated the mitigation should take place on a timely basis and he does not feel the current timeframe is appropriate. - 32- 09/21/04 13.C.4. Mayor Perlman Mayor Peflman commented about the devastation in Haiti and the substantial loss of life due to the hurricanes. Father Roland with Our Lady of Perpetual Help Church is collecting money for the victims in Haiti and coordinating. Delray relief efforts. He stated Ivan Ladizinsky, Public Information Officer, is working with the organizers to see if a booth can be set up at the Haitian Cultural Festival to collect money for Haiti. There being no further business, Mayor Perlman declared the meeting adjourned at 10:02 p.m. Acting City Clerk ATTEST: MAYOR The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on September 21, 2004, which Minutes were formally approved and adopted by the City Commission on Acting City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. - 33 - 09/21/04 Planning and Zoning Dept./Site Plan and Appearance Board Re: Meeting Tuesday September 21, 2004 Palms of Delray, Tract B Raymond Schamis 2590 Albatross Rd N. Unit D. Delray Beach FL, 33444 Dear Board, Since I will be unable to attend the meeting I am sending you my comments in writing to be considered. I'll keep it brief with just the facts. Tract A is the Palms of Delray Homeowners Association. Tract B is a rental community, who uses the name. Each community has $ building with 4 units in each with identical structures. All the building in the Palms of Delray, whether the rental community or the homeowners association are identical in structure except the pool clubhouse. The land in question for the 10 unit building was originally designated for a recreational area. This building, which I am told will look nothing like any of the other units in either Tract A or B, will literally overshadow our community pool, restricting our enjoyment of a recreational area that has bccn there for over 20 years. Original community documents on file when I purchased my property, which is the closest unit to the new proposed building, state the land is to be a "tennis court". The impact of 14 new units overall will add upwards of 50 more people misusing our community pool, letting there dogs crap in our grass, and parking in our community lots thus creating even more expense and problems for Palms of Delray Homeowners Association (Tract A). It has been a constant battle for years lxying to keep Tract B renters from abusing our colnlnon areas. I f~l your decision is more of less a starting point in a legal battle. Tract B is will fight for his right to build on what he considers private property in order to increase his investment, and I will fight to keep my homestead from being overrun by a rental community. Thank you Raymond Schamis, Palms of Delray Homeowner 2590 D September 21, 2004 City of Delray Beach 100 Northwest First Avenue Defray Beach, Florida 33444 To Whom It May Concern This letter is written to inform the city council of my opinion, as a unit owner of The Palms of Defray, as to the building of additional units on Tract B at The Palms of Defray. In residing at The Palms of Delray for the last five years, I have come to the conclusion that the construction of additional condominium units by Mr. Michael should not be halted if these units are built by the Board's specifications and all legalities are met. Statements voiced by Mr. Peter Scott, and previous counsel that all unit owners here are in favor of this appeal's process and the halting of conStruction are not accurate. This appeal does not have the consent by all of the unit owners residing on Tract A. Sincerely Dianna BeDilion Downtown Parking Problems Tonight, the City Commission will be considering five in lieu parking requests. In the future, there likely will be ~ more similar requests.., one, after the other. The problem with in lieu parking fees is threefold: first, they are a crutch that allows developers to over build on their own property by not requiring them to provide for their own parking requirements; second, current in lieu parking fee levels are set too Iow to provide for substitute parking (Instead we are in effect selling parking spaces below the market rate; and, third, we are not anticipating and providing for sufficient parking. As a result, more and more motorists are driving around looking for parking spaces, and residents are left holding the bag for more parking garages. Additionally, there are quality of life issues. Who wants more cars driving around downtown on Atlantic Avenue looking for parking spaces? Who hones'Jy believes that we need more restaurants on Atlantic Avenue? Who among us want more valet parking spaces on Atlantic Avenue? And, if taxpayers are asked to continually foot the bill for more and more parking garages it will only mean that there will be that much less taxpayer funds available for other desirable projects. Clearly, our current system is woefully inadequate and needs to be fixed. It needs to be replaced with a coherent and balanced downtown parking policy...a policy that ensures a livable and vibrant downtown and considers quality of life issues that preserve our "Village by the Sea". No one, no one, no one, wants Delray Beach to become Just another Megatropolisl Jim Smith RECEIVED SEP 2 7 200~ CiTY CLERK SMITH PAGE Parking Facts Before we are able to develop po~lble solutions to our parking dilemma, we must first acknowledge ~ome basic facts'about downtown parking. First, we must realize that It Is no longer realistically possible to expect to be able to park directly in front of one's downtown destination. Tho, e days are gone forever. Second, downtown parking is a legltlmats City retponslbility, not unlike building City streets and City sidewalks. There is no one else who will voluntarily accept Third, the City, through Its policies, must decide whether or not It Mil allow developers to overbuild and be allowed to continue purchasing parking space~ from the City. Fourth, there is no such thing a~ 'free parking". Uke any o~her commodity, someone must pay. B~sed on the estimated cost of building the Old School Square perking garage, we can easily determine the co~t of a parking specs by dividing the number of spaces into that estimated land acquisition and construction cost. In addition to that c~st, we mu~t add In the cost of parldng studies and analysis, estimated Interest carrying costs, and operating costs (Including maintenance). Filth, someone must get the bill for parking. It may be the developer, If the City declde~ that developers are required to provide for all of their own Parking requirements; it may be the motorist, if the City decide~ to collect I~rldng fee~; It may be all the downtown property owners, if the City declde~ to levy a parking tax; It may be all Delr~y Be~ch property owners via an Incrsa~e In property laxos; or, It may be a combination of all these alternatives. And, finally we must realize that In addition to the financial cost, there is a qual~ of life cost associated with overdevelopment and by having too many motor vehicles in a restricted space. Noise pollution, air pollution, and traffic cong~lt~n are not plemnt conditions. In fact, when given a choice, mo~t people would prefer a more people fflendly environment than that. Jim Smith RECEIVED SEP 2 7 2004 CITY CLERK Parking Responsibility As we have learned, the City is ultimately responsible for downtown parking. In fact, to a certain extent, the City is able to control and direct growth by Its parking policies. If the City chooses to turn its back - either ignoring its parking responsibility or discharging its duty incorrectly - Delray Beach could become a megatropolls with traffic and parking congestion as far as the eye can Let's examine the various tools the City has at its disposal to limit explosive and unmanageable growth. First, allowing or disallowing developers the option of building larger buildings by perrnit'dng them to "buy" parking from the City. Second, recognizing present parking deficiencies and better anticipating future needs. A case in point, is how quickly the City will act to build a parking garage east of the railroad tracks to make up for the loss of parldng at the "old' library site. Third, placing a user's tax on motorists - i.e. Installing parking meters throughout the downtown area. This action would also generate hundreds of thousands of dollars annually of new revenue for the City. Four, Increasing in-lieu parking fees to cover the real cost of providing substitute parking spaces. Five, levying a parking fee on all downtown property owners end, Six, asking all Delray Beach property owners to pay for downtown parking as was recently done with the Old School Square Parking Garage. Obviously, some of these options are more onerous than others. What should we do? The first step is that the City needs to accept, recognize, and publicly acknowledge its parking responsibility. It needs to be pro-active by providing leadership and public education about ils role, and it needs to act quickly to eliminate today's parking deficiencies and better anticipate tomorrow's needs. Next, let's talk about whom should pay for parking and why .... Jim Smith RECEIVED SEP 2 7 200 . CiTY CLERK Parking: #1. Who Should Pay and Why Like most problems, there are no simple solutions for improving downtown parking. Obviously, as we explore a possible solu~on or solutions, we must make subjective judgments, guided by personal principles. For me, some of those principles include fairness to all, maintaining the charm of the "Village by the Sea", distain for uncontrollable and unmanageable growth, ensuring a livable, vitalized, bustling, and prosperous downtown, and prodding a higher quality of life in the future for all of us. We can begin our search for a downtown parking solution by first eliminating what I believe to be the worst possible alternative for paying for downtown parking. I believe that it would be outrageously unfair to ask our existing downtown property owners to pay for parking. They have played by the rules and should not be singled out to foot a new tax. I also believe that if we are to include in-lieu parking fees as part of our solution, then the fees need to be Increased to match the real cost of providing substitute parking. That's only fair, too. Another answer is to install parking meters west of the intracostal. Parking meters distribute the burden to the user and should be in the solution mix.., after all the automobile is the real villain. You just can't make it disappear on command (as much as we'd like to). Parking meters already exist east of the intracostal, and it is only fair that businesses on the other side of the bridge do not retain an unfair customer advantage. Parking meters would also discourage downtown business employees from parking in spaces not intended for them. In effect, by freeing up these spaces, we will be adding parking spaces to our supply at no cost while generating a new source of revenue, too. Parking meters not only set a price, but establish a monetary value to on-street parking. This is important because there are alternative uses for that space- i.e. wider sidewalks, more landscaping, and yes, even bicycle lanes. In my opinion, parking meters are a big part of the solution and should be seriously considered. Next, we will tackle the hard part. How do we address our cu,,~nt parking problem .... Jim Smith RECEIVED SEP 2 7 200 CITY CLERK D8/~4/£~04 ]O:zB2 3~S854D5~4 J ~ C SMITH PAGE Parking: II. Who pay and Why Now for the hard part .... How do we make up for our present parking shortages? As the saying goes, we're a nickel short and a dime late. Increases in in-lieu parking fees and new parking meter revenues won't come soon enough to cover the cost of building a much needed parking garage east of the railroad tracks to compensate for the loss of the "old" library parking and to make up for existing parking shortages. We will have to ask Delray Beach property owners to step to the plate once again as they did to build the Old School Square Parking Garage. If we present the problem to them intelligently and enumerate the quality of life issues Involved, they will respond as they did before. We need to be upfront and include other quality of life projects in a new bond package proposal. Delray Beach residents expect a higher quality of life In the future. We shouldn't disappoint them. Later tonight, I will be addressing the need for a new bond issue that will include the new parking garage and many other quality of life projects that our residents want and are willing to pay for. All we have to do is ask them. Every resident and every business owner wants Delray Beach to become the envy of every other city in the US~ We simply need to demonstrate that we're not afraid to lead them! RECEIVED Jim Smith SEP 2 7 200/, CITY CLERK 8E,'/~4/2884 28:32 ~85E~5485E~4 ._1' & L-: SMITH PC, GE 8..1. ¢.. "'5( ''O/y3/lr ,I-- elray Beach Quali of Life Improvemen Even though vote~ recency approved a $~ million dolor Pa~ and Recs Plan, the plan did not include many of the quallW of I~e improvemen~ that had previously been Identifl~ ~ highly desirable by our resident. For example, almost 70% of the people ~lled asked for trails and greenways. Trails and greenways offer an op~nlW to walk, ~, or cycle in a pa,-like atmosphere away from busy streets, air ~llutlon, and noise pollution.., a s~e ~ace outd~ for families with young children. Other quallW ~ life improve~n~ Include: . building a Clema~s St41ke fountain on West A~an~c so ~at child~ who don't live near the b~h have a place to ~ay in the water. . upgrading S. W. 10~ St. and Bush Blvd. ~ sidewalks, sha~ ~, and bicycle lanes. . building a pa~lng garage east of the railroad tracks m make up for ~e lost pa~ing at ~e "old" Iibraw site. . planting ~re shade trees ~rougho~ our CIW to pro~ ~ from ~e heat and ultraviolet ~ys ~ our unrelenting sun. . widening our existing ocMnfront sidewalk and bHck~u~acing it like A~antic Avenue. Also, replacing all the "s~ck" pa~ing ~te~ ~th a few multi-bay mete~ that take fMding ~ney so we won't be caught ~o~ qua~e~. . building Ci~ ~cket pa~s or shady pad,tHan pl~as where ~o~e can Mop, sit, and reflect. . conve~ing Atlan~c Avenue, from Federal Highway to AIA, into a ~ lane pad,tHan and bicycle fdendly street (retaining four-lanes for hu~cane evacuation). . const~c~ng a motoHsVs galway on West A~a~c a~ 1-95; a~, a pedestrian and bicycle gateway on East Atlantic and AI~ . shrinking the number of lanes on F~eral Highway downtown and adding landscaping, wider bHck~u~ac~ sidewalks, and bicycle lanes. . converting Atlantic Avenue between Swlnton and Federal into a pedestrian only mall every weekend, and not just for special events. RECEIVED ',SEP 2 7 200/, CiTY C //. E.,2. L~E:/L~4/'3884 28." :,_ 3858548584 ,_] & ,*,, SHITH PAGE 83 · approving all the PedlBIke Task Team Recommendations to make our ' City truly pedestrian and bicycle friendly. It's the right time to let our citizens vote on a quality of life menu. Long term interest rates are near generational lows. If we don't act now, we will only pay more later; and, if we don't plan and shape the future, it may Instead become something none of us want. The City's balance sheet is strong, but our future will 'only be served and secured if we use it wisely...now's the time to use it. Jim Smith RECEIVED $£P 2 7 200, CITY' CLERK WHEREAS, on August 5, 6, and 7, 2004, the City of Delray Beach Parks and Recreation Department, Ocean Rescue Division Lifeguard Competition Team competed in the 2004 United States Lifesa~Sng Association's National Lifesaving Championships in Daytona Beach, Florida; and WHEREAS, forty-one teams competed from other Ocean Rescue Divisions from all over the United States including New York, New Jersey, Illinois, Texas, North Carolina, Virginia, California, and Hawaii; and WHEREAS, the Delray Beach Ocean Rescue Competition Team participated in the following United States Lifesaving Association National Lifeguard Competition events: 2K Beach Run, Beach Hags, Surf Swim, Surf Rescue, Surf Ski, Rescue Board, Surf Boat, and Land Line Rescue; and WHEREAS, the Deiray Beach Ocean Rescue Competition Team brought home three gold medals and finished eighth in Division II, agencies with under 100 employees in the United States; and WHEREAS, the involvement and achievements of the Ocean Rescue Competition Team in the United States Lifesaving Association 2004 National Competition have generated much civic and community pride, NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend 1st place winners: Ocean Rescue Officer Mark Henkle, Paramedic - EMT Ocean Rescue Officer Regis Smdtz, Paramedic - F_/VIT Ocean Rescue Officer Shawn Gibson, Paramedic - EMT and for superior achievement Ocean Rescue Officer Jo Wagenb. als, EMT Ocean Rescue Officer Nina Mattos, EMT Ocean Rescue Officer James Scala, EMT Ocean Rescue Officer Dylan Owens, EMT for their representation of the City of Delray Beach and offer them congratulations on a job well done in the United States Lifesaving Association 2004 National Lifesaxdng Championships. 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 5~ day of October, 2004. JEFF PERLMAN MAYOR Date: Sept. 28, 2004 AGENDA ITEM NU1VIBER.'~0~ AGENDA REQUEST Request to be placed on: Consent Agenda x Regular Agenda ,.,Workshop Agenda Special Agenda When: October 5 ~ 2004 Description of Agenda Item (who, what, where, how much): . Request Mayor's signature on, and City .Commission's issuance of, a Proclamation honoring the Delray Beach Lifeguard Competition Team's participation and achievements in the United States Lifesaving Association 2004 National Lifesaving Championships. Department Head City Attorney RevieW}Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Proclamation Whereas, on August 5, 6, and 7, 2004, the City of Delray Beach Parks and Recreation Department, Ocean Rescue Division, Lifeguard Competition Team competed in the 2004 United States Lifesaving Association's National Lifesaving Championships in Daytona Beach, Florida; and Whereas, forty-one teams competed froTM other Ocean Rescue Divisions from all over the United States including New York, New Jersey, Illinois, Texas, North Carolina, Virginia, California, and Hawaii; and Whereas, the Delray Beach Ocean Rescue Competition Team participated in the following United States Lifesaving Association National Lifeguard Competition events: 2 K Beach Run, Beach Flags, Surf Swim, Surf Rescue, Surf Ski, Rescue Board, SurfBoat, and Land Line Rescue; and Whereas, the Delray Beach Ocean Rescue Competition Team brought home three gold medals and finished eighth in Division II, Agencies With Under 100 Employees in the United States; and Whereas, the involvement and achievements of the Ocean Rescue Competition Team in the United States Lifesaving Association 2004 National Competition have generated much civic and community pride, Now, therefore, I, Jeff Perlman, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend 1st place winners: Ocean Rescue Officer Mark Henkle, Paramedic - EMT Ocean Rescue Officer Regis Smeltz, Paramedic - EMT Ocean Rescue Officer Shaun Gibson, Paramedic - EMT and for superior achievement Ocean Rescue Officer Jo W_agenhals, EMT Ocean Rescue Officer Nina Mattos, EMT Ocean Rescue Officer James Scala, EMT Ocean Rescue Officer Dylan Owens, EMT for their representation of the City of Delray Beach and offer them congratulations on a job well done in the' United States Lifesaving Association 2004 National Competition. 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 5th day of October, 2004. JeffPeflman MAYOR WHEREAS, the Delray Beach Ocean Rescue Junior Lifeguard Competition Team competed in the United States Lifesaving Association Junior Lifeguard National Championships in Daytona Beach, Florida on August 5, 2004; and WHEREAS, the Delray Beach Junior Lifeguard Team competed in the following United States Lifesaving Association National Events: Distance Run, Distance Swim, Distance Paddle, Beach Flags, Run-Swim-Run, and Surf Rescue; and WHEREA~, over 500 junior lifeguards from around the country, including California, Illinois, and New York competed in this national event. NOW, THEREFORE, I, JEFF PERI,MAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend the following Delray Beach Junior Lifeguards for their superior achievement at the United States Lifesaving Championships: Jesse Keiffer Parker Danciau Scott Phillips Jeff Phillips Thomas Keiffer Jessica Danclau Kaitlin Godden Allyson Danclau and recognize and commend the following Junior Lifeguards for their achievements and participation during the 2004 Summer Junior Lifeguard Program: Tod Rose Kara Maneri Joshua Evan Smith Michael Bronkie Patrick Daiello Hunter parrtsh Jacob Smith Christian Fruin Jose Fernandez Joe Pasquarelli Matt Ayerst Mariah McGovern Anna Worch Sergio Gonzalez Antonella Catano Jeff Madsen Ben Grlllo Katherine Stokoe Matt Madsen Jackyin Smith Sean Ryall Alex Jones Jade Guzzo Blake Ryall Paul Shirsty Eden Guzzo Vance Vlasek Helena Cheslack (~uinn Scott Stephanie Whiting Maiti Dages Michelle Dally Lindsey Meeder Joe Dages Sean Daily Lindsey Shores Tom Dages Carlos Gonzalez Lily Icangelo Conor Scanlon Derrick Grossil lan Cohen Greg Erickson Kristina Wilson Paul Zambrano Brian Buclmrd Marcela Munoz Keven Maneri Patrick LeStrange Taylor Rangle and recognize and commend the entire staff of the Ocean Rescue Division for their commitment to the youth of the City of Delray Beach, and offer them congratulations on a job well done with the 2004 Delray Beach Junior Lifeguard Program. IN WITI~IF_~ WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 5m day of October, 2004. JEFF PERLMAN ~kYOR Date: Sept. 28, 2004 AGENDAITEM NUMBE~~ AGENDA REQUEST Request to be placed on: Consent Agenda x Regular Agenda Workshop Agenda Special Agenda When: October 5, 2004 Description of Agenda Item (who, what, where, how much): Request Mayor's signature on, and City.Commission's issuance of, a Proclamation honoring the Delray Beach Junior Lifeguard Team's participation and achievements in the 2004 United States LifesaVing Association Junior Lifeguard National Championships. Department Head ~ . City Attorney Revie~eco~endation (if applicable): Budget Director Review (required on all ite~ involving expenditure of funds): Funding Ava~able: Yes / No Initials: Account Number Description Account Balance: Funding ~ternatives: (if app~cable) City Manager Review: Approved for Agenda: ~No Initi~s: Hold Until: A~enda Coordinator Review: Received: PROCLAMATION WHEREAS, the Delray Beach Ocean Rescue Junior Lifeguard Competition Team competed in the United States Lifesaving Association Junior Lifeguard National Championships in Daytona Beach, Florida on August 5, 2004; and WHEREAS, the Delray Beach Junior Lifeguard Team competed in the following United States Lifesaving Association National Events: Distance Run, Distance Swim, Distance Paddle, Beach Flags, Run-Swim-Run, and Surf Rescue; and WHEREAS, over 500 junior lifeguards from around the country, including California, Illinois and New York competed in this national event, NOW, THEREFORE, I, Jeff Perlman, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend the following Delray Beach Junior Lifeguards for their superior. achievement at the United States.Lifesaving Championships: Jesse Keiffer Parker Danciau Scott Phillips Jeff Phillips Thomas Keiffer Jessica Danciau Kaitlin Godden Allyson Danciau and recognize and commend the following Junior Lifeguards for their achievements and participation during the 2004 Summer Junior Lifeguard Program: Tori Rose Kara Maneri Joshua Evan Smith Michael Bronkie Patrick Daiello Hunter Parrish Jacob Smith Christian Fruin Jose Fernandez Joe Pasquarelli Matt Ayerst Mariah McGovern Anna Worch Sergio Gonzalez Antonella Catano Jeff Madsen Ben Grillo Katherine Stokoe Matt Madsen Jackyln Smith Sean Ryall Alex Jones Jade Guzzo Blake Ryall · Paul Shirsty Eden Guzzo Vance Vlasek Helena Cheslack Quinn Scott Stephanie Whiting Maiti Dages Michelle Daily Lindsey Meeder Joe Dages Sean Daily LindseY Shores Tom Dages Carlos Gonzalez Lily Icangelo Conor Scanlon Derrick Grossil Ian Cohen Greg Erickson Kristina Wilson Paul Zambrano Brian Buckard Marcela Munoz Keven Maneri Patrick LeStrange Taylor Rangle and recognize ~commend~and~ the entire staff of the Ocean Rescue Division for their commitment t~e youth of the City of Delray Beach, and offer them congratulations on a job well done with the 2004 Delray Beach Junior Lifeguard Program. 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 5th day of October, 2004. MAYOR Jeff Perlman WHEREAS, October 2004 is National Breast Cancer Awareness Month; and WHEREAS, October 15, 2004 is National Mammography Day; and WHEREAS, almost 216,000 new cases of female breast cancer will be diagnosed in 2004, and 40,000 women will die from the disease; and WHEREAS, almost 1,500 new cases of male breast cancer will be diagnosed in 2004, and close to 500 men will die from the disease; and WHEREAS, early detection and prompt t~eatment can significantly reduce suffering and deaths caused by breast cancer; and WHEREAS, mammography, an "x-ray" of the breast, is recognized as the single most effective method of detecting breast changes that may be cancer long before physical symptoms can be seen or felt. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of October 2004 as BREAST CANCER AWARENESS MONTH and October 15, 2004 as MAMMOGRAPHY DAY in Delray Beach, Florida and urge everyone to become aware of their risk of breast cancer, talk to their health care providers about breast cancer, and get screened for the disease. I further encourage all residents to become involved in the war against breast cancer. IN WITNESS WHEREOF, ! have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 5~ day of October, 2004. JEFF PERLMAN MAYOR Sample Proclamation for - 2004 National Breast Cancer Awareness Month WHEREAS, October 2004 is National Breast Cancer Awareness Month; and WHEREAS, October 15,2004 is National Mammography Day; and WHEREAS, almost 216,000 new cases of female breast cancer will be diagnosed in 2004 and over 40,000 will die from the disease; and WHEREAS, almost 1,500 new cases of male breast cancer will be diagnosed in 2004 and close to 500 will die of the disease; and WHEREAS, early detection and prompt treatment can significantly reduce suffering and deaths caused by this disease; and WHEREAS, mammography, an "x-ray" of the breast, is recognized as the single most effective method of detecting breast changes that may be cancer long before physical symptoms can be seen or felt; NOW, THEREFORE, I , Mayor of the City of , do hereby proclaim the month of October 2004 as NATIONAL BREAST CANCER AWARENESS MONTH and October 15 as NATIONAL MAMMOGRAPHY DAY in the City of , Mayor DATED THIS DAY OF 2004 (Please mail an original version of your proclamation to Crystal D. Swann, Assistant Executive Director, U.S. Conference of Mayors, 1620 Eye St., NW, 4th floor, Washington, DC 20006. It will be part of a Conference of Mayors 2004 National Breast Cancer Awareness Month display.) MThe ayors Campaign Against CBa east NCER 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 Week is a very important time to recognize the important role played by city government in our lives; and ~NI-IEREAS, this week 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 Week 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, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of October 17 through October 23, 2004 as FLORIDA CITY GOVERNMENT WEEK in the City of Delray Beach, Florida, and encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly, and to encourage educational parmerships 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 5th day of October, 2004. JEFF PERLMAN MAYOR A ~SOL~ION OF T~ CI~ OF ~COG~Z~G GITY GOVE~E~ ~EK, OCTOBER 17-23, 2004, ~ ENCO~G~G ~L CIT~ENS TO S~PORT THE CELEB~TION ~ GO~SPO~G ACTIVITIES. ~E~AS, ~i~ gove~ent is ~ gove~ent ~losest to most ~ifizens, ~d th~ on~ ~ ~ most direct daily impa~t upon its residents; ~d ~E~AS, ~i~ gove~ent is a~i~stemd for ~d by its ~itiz~ns, ~d is dep~d~nt upon publi~ eo~i~nt to ~d ~d~t~ding of its m~y responsibilities; ~d ~E~AS, ei~ gove~ent o~ials ~d ~mployees shoe ~e r~sponsibili~ to p~s along their ~derst~ding ofpubli~ s~i~es ~d ~eir b~nefits; ~d ~E~AS, Florida Ci~ Gov~nt W~k is a v~ impo~t time to re~o~z~ th~ imposer rol~ played by ei~ gove~ent in o~ lives; ~d ~E~AS, t~s week offers ~ imposer oppo~i~ to spread ~ word to all ~e citizens of Florida · at ~ey c~ shape ~d influ~ne~ ~s brach of gove~nt w~h is ~losest to th~ p~opl~; ~d ~E~AS, the Florida L~a~e of Cities ~d its member ~ifies have joined tog~er to teach students ~d o~er citizens a~ut m~eipal gove~ent ~ou~ a v~e~ of different projeots ~d ~fo~ation; ~d ~E~AS, Florida Ci~ Oove~ent We~k off~rs ~ ~po~t oppo~ to ~onv~y to all the ~itiz~ns of Florida ~at ~ey e~ shap~ ~d influene~ gov~ent ~ou~ ~eir civic involvement. NOW, THE~FO~ BE IT ~SOLVED BY THE CITY OF AS FOLLOWS: Section 1. That th~ Ci~ of do~s en~o~ag~ all citizens, ~i~ gov~nt o~ials ~d employees to do evening possible to ensue ~at t~s week is reco~zed ~d celebrated accordingly. Section 2. ~at the Ci~ of does enco~age educmional p~nershps be~een ciW gove~ent ~d schools. Section 3. ~at ~e Ci~ of does suppoa ~d enco~age all ci~ gove~ents to actively promote ~d sponsor "Florida Ci~ Gove~ent Week." PASSED ~ ~OPTED by ~e Ci~ of WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind and been recognized since the earliest medical writings; and WHEREAS, as long ago as 400 B.C., Hippocrates, the Father of Medicine, repudiated, ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that people afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder; and ~HEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses; and WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain rumor, infection and brain hemorrhage; but in sixty percent of the cases, the cause is unknown and epilepsy can affect anyone, at any age and at any time; and WHEREAS, more than two million Americans are afflicted with some type of Epilepsy and of this number, 150,000 are Florida residents; and ~a-IEREAS, with the administration of anticonvulsant drugs, two-thirds of those afflicted with Epilepsy are drug controlled; and WHEREAS, lack of education about this disorder has contributed to age old myths, superstitions, and prejudices; and the stigma associated with this disorder is sometimes worse than the disorder itself; and WHEREAS, people who have Epilepsy make reliable and conscientious workers in job performance, productivity, safety, cooperation, and attendance; but studies carried out in the United States over the past thirty years have indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty-five percent; and WHEREAS, Epilepsy should not be a barrier to success, but in addition to the normal requirements for success, a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim November, 2004, as NATIONAL EPILEPSY AWARENESS MONTH in the City of Delray Beach, Florida, and urge all of its citizens to become aware of this disorder and encourage those afflicted to take their rightful place in society and become productive citizens. 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 52 day of October, 2004. JEFF PERLMAN MAYOR COMMITTEE FOR EPILEPSY AWARENESS 6670 ROYAL PALM BLVD BLDG, K APT, 302 MARGATE, FLORIDA 33063-2189 .lerry Pizza, Chairman Bill Naulty, Secretary (954) 984-8319 (561) 798-2798 Dear ~ ~2 October, 2004 The month of November is "NATIONAL EPILEPSY AWARENESS MONTI-Y'. The Committee for Epilepsy Awareness would greatly appreciate your assistance in helping bring about an awareness of this disorder. Due to lack of correct information and an abundance of misinformation, people afflicted with Epilepsy have been discriminated against in all walks of life. It is our goal to remove the anciem myths, superstitions and prejudices associated with this disorder and educate people as to what Epilepsy is and what Epilepsy is not. Enclosed, please find a copy of our resolution. If your municipality participates in our awareness campaign, please send a copy of the resolution or proclamation to: Jerry Pizza - Chairman Committee for Epilepsy Awareness 6670 Royal Palm Blvd. Bldg. K. Apt. 302 Margate, Florida 33063-2189 Thank you in advance for your interest in and concern for people afflicted with Epilepsy. Sincerely, Chairman P.S. Thanks to your support, last year 366 communities participated in our awareness campaign. SE? 1 3 CITY CLERK COMMI1-FEE FOR EPILEPSY AWARENESS 3erry Pizza - Chairman William C. Naulty - Secretary (954) 984-8319 (561) 798-2798 RESOLUTION DECLARING NOVEMBER, 2004 AS NATIONAL EPILEPSY AWARENESS MONTH WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the dawn of our species and has been recognized since the earliest medical writings, and WHEREAS, as long as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that people afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder, and WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses, and WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage. In sixty percent of the cases, the cause is unknown, and WHEREAS, Epilepsy can affect anyone, at any age and at any time, and WHEREAS, more than two million Americans are afflicted with some type of Epilepsy. Of this number, 150,000 are Florida residents, and WHEREAS, with the administration ofanticonvulsant drugs, two thirds (66.66%) of those afflicted with Epilepsy are drug controlled, and WHEREAS, lack of education about this disorder has contributed to age old myths, superstitions and prejudices, and WHEREAS, the stigma associated with this disorder is sometimes worse than the disorder itself., and WHEREAS, people who have Epilepsy make reliable and conscientious workers in job performance, productivity, safety, cooperation and attendance, and WHEREAS, studies carried out in the UNITED STATES over the past thirty years have indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty-five percent. WHEREAS, Epilepsy should not be a barrier to success. In addition to the normal requirements for success, a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. Be it resolved, that the governing body of: does hereby declare the month of November as National Epilepsy Awareness Month Be it further resolved, that a copy of the Resolution or Proclamation be sent to the Committee for Epilepsy Awareness, 6670 Royal Palm Blvd., Bldg .K., Apt. 302, Margate, Florida 33063-2189 WHEREAS, Aid To Victims of Domestic Abuse (AVDA) has been helping the victims of domestic abuse since 1984 and is a 24 hour, 7 day a week shelter, crisis management, clothing, and counseling ser~4ce; and WHEREAS, AVDA's mission is to provide emergency shelter and support services to victims of domestic abuse and individuals at risk regardless of age, color, creed, sex, religion, or national origin. This is fulfilled by creating a safe environment that supports and encourages positive change, dignity, and independence; and WHEREAS, AVDA's program philosophy is prevention through education, advocacy, and intervention; and WHEREAS, up to 1,300 women are killed each year by their abusers and Florida leads the nation in domestic violence murder-suicides; and WHEREAS, AVDA will be hosting the 2004 Community of Hope 5K Run/Walk to be held at Anchor Park on Saturday, October 2, 2004. Teams and individuals will mn or walk along A1A in Delray Beach to raise community awareness of a crime that affects all of us. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Dekay Beach, Florida, on behalf of the City Commission, do hereby proclaim our support of the 2004 COMMUNITY OF HOPE SK RUN/WALK and urge everyone to join in this cause and become more aware of the growing problem of domestic abuse in our society. 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 5th day of October, 2004. JEFF PERLMAN MAYOR MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANXGEI~'{ SUBJECT: AGENDA ITEM # ~ ~X - REGULAR MEETING OF OCTOBER 5, 2004 CONFIRMATION/RESCISSION/EMERGENCY RESOLUTIONS DATE: OCTOBER 1, 2004 This is before the City Commission to approve the confirmation of Emergency Resolutions A, B, D, and H pursuant to Chapter 95 of the City Code of Ordinances as a result of Hurricane Jeanne and approve the rescission of Resolution A and Resolution B. Recommend approval of the confirmation of Emergency Resolutions A, B, D, and H and the rescission of the Emergency Resolution A and Emergency Resolution B. S:\City Clerk\agenda memos\Emergency Resolutions. 10.05.04 CITY OF DELRAY BEACH, FLORIDA PROCLAMATION HURRICANE JEANNE WHEREAS, I, David Harden, City Manager of the City of Delray Beach, hereby certifies that conditions resulting from Hurricane Jeanne has created an emergency situation; and WHEREAS, Chapter 95 of the Code of Ordinances authorizes certain emergency measures to be taken under emergency conditions; and WHEREAS, a state of emergency is hereby declared by proclamation to authorize such actions as may be necessary to manage such state of emergency; and WHEREAS, the issuance of emergency Resolutions A, B, C, D, E, F, G and H, and other resolutions as necessary, is authorized by Ordinance and such resolutions shall be confirmed by the City Commission at the first regular meeting of the City Commission held after the emergency. The issuance of the resolutions have the force of law when issued and said resolutions are necessary to enable the proper control of and response to the emergency conditions certified above. NOW, THEREFORE, I, David Harden, of the City of Delray Beach, Florida, do hereby proclaim and declare that an emergency exists within the City of Delray Beach and that all proper and lawful actions necessary to swiftly resolve the emergency and return the community to a condition of normalcy shall be taken. David Harden, City Manager Date: Time: RESOLUTION NO. A- HURRICANE JEANNE A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND AUTHORIZING THE EVACUATION OF CERTAIN AREAS OF THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by City Manager, David Harden on September ;2--5,2004 due to Hurricane Jeanne; and WHEREAS, citizens must be moved from harm's way; and WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the activation of plans for evacuation during a state of emergency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. A declaration of a State of Emergency proclaimed on September,ZS", 2004 is hereby confirmed. Section 2. Hurricane Jeanne seriously affects and threatens the lives and property of residents of the City of Delray Beach and requires the evacuation 9f~ ~itizens from the following area(s): Barrier Island and East of Federal Highway and ..~ (if applicable) effective/J-~$Op.m. ~;~.."~, , the.2--.~"day of September, 2004. Section 3. Such evacuation shall remain in effect until competent authority declares the state of emergency terminated, or otherwise revised or rescinded. Section 4. This resolution shall take effect at the date and time specified in Section 2. CONFIRMED, APPROVED AND RATIFIED on this the __. day of September, 2004. MAYOR ATTEST: City Clerkr David Harden, City Manager Date/Time RESOLUTION NO. B - HURRICANE JEANNE A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND AUTHORIZING THE SETTING OF A CURFEW AND DESIGNATING CERTAIN AREAS OFF LIMITS. WHEREAS, a State~. of Emergency in the City of Delray Beach was proclaimed by David Harden, City Manager on :~'I~L,~ , September ;,~--~, 2004. WHEREAS, conditions arising from Hurricane Jeanne will seriously affect the safety and security of the lives and property of the citizens of the City of Delray Beach; and WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the declaration of a curfew and the designation of areas as off limits during a state of emergency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. A declaration of a State of Emergency proclaimed on September ~,~, 2004 is hereby confirmed. Section 2. Hurricane Jeanne has seriously affected and created conditions which threaten the safety and security of the lives and property of the citizens of Delray Beach and thereby requires the establishment of a curfew throughout the City of Delray Beach, Florida between the hours ofj~:~ p.m. and ~ ;~c~ a.m. daily except personnel authorized by the Police or Fire Departments effective /: ,~ .~ p.m.~-~.,'rJ~-7, September ~.~', 2004. Section 3. This resolution shall take effect !-~.~ o p.m.~.~"~r~.~ September 2004. Section 4. All violations of the provisions of this resolution shall be subject to prosecution under Section 95.99 of the Delray Beach Code of Ordinances. CONFIRMED, APPROVED AND RATIFIED on this the ~ day of , 2004. MAYOR ATTEST: ^ c~ity C~erk._ D-avid Ha'rden, City Manager Date/Time RESOLUTION NO. D- HURRICANE JEANNE A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND PROHIBITING THE SALE OF MERCHANDISE, GOODS OR SERVICES AT MORE THAN THE AVERAGE RETAIL PRICE. WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by the City Manager, David Harden on _~.-~rol~ , September,~-.~, 2004 due to Hurricane Jeanne. WHEREAS, Hurricane Jeanne threatens the stability, economy and civil order of the City of Delray Beach and its citizens; and WHEREAS, charging more than the average retail price under existing conditions is an attempt to profit from the misfortune of others and can lead to civil strife, to inequities in the distribution of essential materials such as foodstuffs, ice, fuel, and other vital necessities, and to a greater loss of the sense of hope and well being so basic to a speedy recovery and restoration of the community; and WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes this prohibition of the sale of merchandise, goods or services at more than the average retail price during a state of emergency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. A declaration of a State of Emergency proclaimed on~'-~¢~,~¥, September 2004 is hereby confirmed. Section 2. Hurricane Jeanne has and conditions arising therefrom threaten to create shortages of essential goods and services which are needed to sustain the physical well being, economic stability and public order of the City of Delray Beach and its citizens. Section 3. No person or business entity offering goods or services for sale within the City of Delray Beach shall charge more than the average retail price as defined by Section 95.01(B), Chapter 95, Code of Ordinances, during the period of the declared emergency. Section 4. All violations of the provisions of this resolution shall be subject to prosecution under Section 95.99 of the Delray Beach Code of Ordinances. Section 5. The regulation and control of retail prices within the City of Delray Beach shall remain in effect until competent authority declares the state of emergency to be terminated, or this resolution is revised or rescinded. Section 6. This resolution shall take effect at/2-:~ p.m. on ..~'~'~, September,,Z ~, 2004. f CONFIRMED, APPROVED AND RATIFIED on this ~ day of ,2004. MAYOR ATTEST: Citv Clerk David Harden, City Manager ~ Date/Time 2 RES. NO. D RESOLUTION NO. H - HURRICANE JEANNE A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RELATING TO EMERGENCY MANAGEMENT; CONFIRMING A DECLARATION OF A STATE OF EMERGENCY; AUTHORIZING EMERGENCY PURCHASING AND PROCUREMENT PROCEDURES AND SUSPENDING CERTAIN CITY CODES, RULES AND REGULATIONS RELATING TO PURCHASING AND PROCUREMENT; THIS RESOLUTION SHALL BE VALID FOR THIRTY (30) DAYS AND AUTOMATICALLY RENEWED EVERY THIRTY (30) DAYS UNTIL FURTHER ACTION BY THE CITY COMMISSION. WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by David Harden, City Manager on~~, September, S2004 due to Hurricane Jeanne; and WHEREAS, it is expected that Hurricane Jeanne will cause extensive damage to public and private property within the City of Delray Beach; and WHEREAS, the procurement of emergency supplies, goods and services is necessary as is the expeditious restoration of property to pre-existing conditions is vital to enable the re-establishment of public activity; and WHEREAS, adherence to certain local ordinances, rules and regulations establishing purchasing and procurement procedures can delay the process handling the emergency of restoring public facilities to conditions existing prior to the emergency; and WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the enactment of emergency procurement procedures during a State of Emergency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The recitals and findings contained in the preamble to this resolution are hereby adopted by reference thereto and incorporated herein, as if fully set forth in this section. Section 2. A declaration of a State of Emergency proclaimed on~,-'~r~,~ , September~.~, 2004 is hereby confirmed. Section 3. Hurricane Jeanne is expected to cause damage to numerous properties, rendering them unsafe or marginally habitable. Section 4. The emergency will cause disruption and damage to roads, streets and other public facilities and thoroughfares. Section 5. It is necessary to eliminate immediate threats to the life, health and safety of residents and employees, and eliminate immediate threats to undamaged property, as well as ensure economic recovery to the City and the community. Section 6. A valid public emergency exists justifying the waiver of formal competitive sealed bids and competitive selection procedures for the acquisition of such services, equipment, goods and/or materials, as may be required for burden relief and disaster assistance. Section 7. By an affirmative vote of 4/5ths of the members of the City Commission, formal competitive sealed bid procedures for the procurement of services, equipment, goods and/or materials for the purpose of eliminating immediate threats to the life, health and safety of residents and employees and to eliminate immediate threats to undamaged property, as well as ensure economic recovery to the City and the community, are hereby waived. Section 8. The City Manager is hereby authorized to utilize City forces to participate in the burden, relief and disaster assistance as may be required. Section 9. The City Manager is hereby authorized to: accept the most reasonable, responsive and responsible bid or quote (for necessary improvements, services, equipment, goods and/or materials associated with said burden relief and disaster assistance) and to execute the necessary purchase order(s), agreements, service authorizations, or change orders in a form acceptable to the City Attorney. Section 10. The City Commission hereby ratifies, approves and confirms the City Manager's previous expenditure of monies for contracts and awards in conjunction with the burden relief and disaster assistance. Section 11. The City Manager is hereby authorized to execute agreement(s), service authorization(s), change order(s) and/or purchase orders for acquisition of such services, equipment, goods and/or materials, as may be required for burden relief and disaster assistance. Section 12. The City Manager is hereby permitted to proceed without express City Commission approval, execution of such purchase orders, contracts, service authorizations, change orders, and agreements and in his expenditures of monies for the aforesaid, in conjunction with said burden relief and disaster assistance where such expenditure of monies for any contract and/or award in connection therewith, does not exceed $150,000.00. Section 13. The City Manager is instructed to submit to each City Commissioner a copy of each contract, agreement, purchase order, service authorization, or change order issued pursuant to this resolution on the same day said contract or purchase order is executed by him. Section 14. The emergency renders it necessary to suspend local ordinances, rules and regulations dealing with purchasing and procurement. 2 RES. NO. H Section 15. This resolution shall be valid for thirty (30) days and automatically renewed every thirty (30) days until further action by the City Commission. Section 16. That this resolution shall take effect immediately upon the declaration of the Emergency. CONFIRMED, APPROVED and RATIFIED on this the ~ day of ., 2004. MAYOR ATTEST: ^ C~y Clerk ~ David Harden, City Manager Date/Time 3 RES. NO. H RESCISSION OF RESOLUTION NO. A- HURRICANE JEANNE A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND AUTHORIZING THE EVACUATION OF CERTAIN AREAS OF THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by City Manager, David Harden on Septemberr~'~, 2004 due to Hurricane Jeanne; and WHEREAS, citizens must be moved from harm's way; and WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the activation of plans for evacuation during a state of emergency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. A declaration of a State of Emergency was proclaimed on September,2__~, 2004. Section 2. Hurricane Jeanne seriously affected and threatened the lives and property of residents of the City of Delray Beach and required the evacuation of citizens from the following area(s): Barrier Island and East of Federal Highway, and . (if appble) effective ~;oc~ ~~',-'f-~¢~,~, the,_,2..~ day of September, 2004. Section 3. Such evacuation is terminated. CONFIRMED, APPROVED AND RATIFIED on this the __ day of 2004. MAYOR ATTEST: Citv Clerk David aroen, i y anager ~ Da i RESCISSION OF RESOLUTION NO. B A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND AUTHORIZING THE SETTING OF A CURFEW AND DESIGNATING CERTAIN AREAS OFF LIMITS. WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by David Harden, City Manager on Saturday, September 25, 2004. WHEREAS, conditions arising from Hurricane Jeanne will seriously affect the safety and security of the lives and property of the citizens of the City of Delray Beach; and WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the declaration of a curfew and the designation of areas as off limits during a state of emergency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. A declaration of a State of Emergency proclaimed on September 25, 2004. Section 2. Hurricane Jeanne has seriously affected and created conditions which threaten the safety and security of the lives and property of the citizens of Delray Beach and thereby required the establishment of a curfew throughout the City of Delray Beach, Florida between the hours of 10:00 p.m. and 6:00 a.m. daily except personnel authorized by the Police or Fire Departments effective Saturday, September 25, 2004. Section 3. Resolution B is hereby rescinded, and the curfew is terminated. CONFIRMED, APPROVED AND RATIFIED on this the ~ day of , 2004. MAYOR ATTEST: /¢,..)~...~..,, 9/28/04 2:00 P.M. David Harden, City Manager Date/Time MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERff~'~ SUBJECT: AGENDA ITEM $$ ~(~ - REGULAR MEETING OF OCTOBER 5, 2004 FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) GRANT DATE: OCTOBER 1, 2004 This is before the City Commission requesting authorization to submit a grant application for a matching grant for the Federal Emergency Management Agency (FEMA) Grant in the amount of $46,088.00 to acquire a multi-risk safety demonstration trailer for fire safety and severe weather instruction purposes. City's required 30% matching portion is $19,752.00 for a total amount of $65,840.00. Recommend approval to submit the Federal Emergency Management Agency Grant application. S:\CiD' Clerk\agenda memos\FEMA Grant Application. 10.05.04 Print Application Page 1 of 15 £ntire Application Prsparsr Information Preparer Information Prefix Mrs. First Name Patricia Middle Initial Last Name Dunkelmann Organization Name City of Delray Beach Fire Rescue Department Address 1 501 W Atlantic ave City Delray Beach State Florida Zip 33444 - Business Phone 561-243-7456 Ext. Home Phone 561-968-0122 Mobile Phone/Pager 561-441-7885 Email dunkelmann@ci.delray-beach.fl.us * Are you the person to be contacted on matters involving this application? Yes If yes, please specify: Primary Contact https://portal.fema.gov/firegrant/jsp/prevention2004/application/print app.jsp?print=-tme&... 9/22/2004 ~Print Application Page 2 of 15 Contact Information Primary Contact Information * Title Lieutenant Prefix Mrs. * First Name Patricia Middle Initial k * Last Name Dunkelmann * Business Phone 561-243-7456 Ext. *Home Phone 561-968-0122 Ext. Mobile Phone/Pager 561-441-7885 Fax 561-243-7408 *Email dunkelmann@ci.delray-beach.fl.us Alternate Contact Information * Title Assistant Chief Prefix Mr. * First Name William Middle Initial * Last Name Adams * Business Phone 561-243-7420 Ext. *Home Phone 561-274-8398 Ext. Mobile Phone/Pager 561-441-3067 Fax 561-243-7408 *Email Adams@ci.delray-beach.fl.us https://portal.fema.gov/firegrant/jsp/prevention2OO4/application/print app.jsp?print=-tme&... 9/22/2004 · Print Application Page 3 of 15 Applicant Information * Organization Name City of Delray Beach Fire Rescue Dept. * Type of Applicant Fire Department If other, please enter the type of Applicant * Employer Identification Number 59-6000308 * What is your DUNS Number? 077283737 Headquarters Physical Address * Physical Address 1 501 W Atlantic Ave Physical Address 2 * City Delray Beach * State Florida * Zip 33444 - 2555 Mailing Address * Mailing Address1 501 W Atlantic Ave Mailing Address2 * City Delray Beach * State Florida * Zip 33444 - 2555 Account information * Type of bank account Checking * Bank routing number - 9 digit number on the bottom O631 OO277 left hand corner of your check *Your account number 1450001018 Additional Information * This fiscal year, are you receiving Federal funding from any other grant program for the same purpose No for which you are applying for this grant? * This fiscal year, are you receiving Federal funding No from any other grant program regardless of purpose? * Is the applicant delinquent on any federal debt? No If you answered yes to any of the additional questions above, please provide an explanation in the space provided below: https://portal, fema.gov/firegrant/jsp/prevention2OO4/application/print_app.j sp?print=tme&... 9/22/2004 ,Print Application Page 4 of 15 Request Information * Are you an international or national organization? No If No, what is the population/constituency served by your organization? 66953 Project Information '1. Project Title Fire Safety House Children under 14 Adults over 65 High risk group *2. Who is the target audience for the planned project? Other Community Emergency Response Team Members *3. What is your estimated size of the target audience? 1200 Informal Assessment * How was this target audience determined? Briefly describe method used (required if selected other not applicable than "None of the above" above) *4. Does your proposal include partnerships? (i.e. Fire Departments, community origanizations or No national/state/local organizations) If you answered Yes to question 4 above, please specify the partner(s): *5. Is it the applicant's intention to continue delivering this Yes program after the grant year?. *6. Will your organization periodically evaluate the Yes programs impact on the community? If you answered Yes to question 6 above, please specify: This new learning tool can be evaluated by having a pre-survey/test and a post survey/test. This will give us a gauge to evaluate our safety message and how much information our community is learning and retaining. *7. In the space provided below, please explain the experience you have in managing the type of project you are proposing: Since 1991, my knowledge has increase along with the job responsibilities assigned to me. One of my main strengths has always been the teaching element. I am a State Certified Instructor, a lead instructor at Palm Beach Community College, and assigned to the position of Community Education Specialist. In my tenure I have managed all aspects of budgeting, administrative tasks, training, life safety, maintenance of facilities, and community education. I believe I would be well suited to manage this type of program. *8. In the space provided below, please provide a brief project synopsis: The latest figures show that nearly 5,000 Americans die in home fires annually. The Fire Safety House with Weather Preparedness Package will allow our fire department to educate children, adults, disabled, and elderly in our community of the hazards involved with fire and severe weather conditions. Reaching a vast audience and having the capability to be mobile will allow our fire department to educate our community and prevent fire and hurricane related deaths. https://portal.fema.gov/firegrant/jsp/prevention2OO4/application/print app.jsp?print=-true&... 9/22/2004 ,Print Application Page 5 of 15 This Fire Safety House with the Weather Preparedness Package will be used at social events, schools, health fairs, boy and girl scout meetings, open houses, community events and to educate our Community Emergency Response team members. This valuable teaching aid will help us prevent fire and severe weather related deaths. Multi-Hazard Prevention Programs (Expand an existing program into new areas) Item Object Class Number of units Cost per unit Total Cost Fire Safety House with Weather Smart Pkg Equipment 1 $ 65,840 $ 65,840 Total Cost $ 65,840 https://portal.fema.gov/firegrant/jsp/prevention2OO4/application/print app.jsp?print=-true&... 9/22/2004 ,Print Application Page 6 of 15 Budget Budget Object Class a. Personnel $ 0 b. Fringe Benefits $ 0 c. Travel $ 0 d. Equipment $ 65,840 e. Supplies $ 0 f. Contractual $ 0 g. Construction $ 0 h. Other $ 0 i. Indirect Charges $ 0 Indirect Cost Details Agency Indirect Cost Agreement with Indirect Cost Rate % Agreement Summary Federal and Applicant Share Federal Share $ 46,088 Applicant Share $19,752 Federal Rate Sharing (%) 70/30 * Non-Federal Resources (The combined Non-Federal Resources must equal the Applicant Share of $19, 752) a. Applicant $19752 b. State $ 0 c. Local $ 0 d. Other Sources $ 0 If you entered a value in Other Sources, include your explanation below. You can use this space to provide information on the project, cost share match. Total Budget $ 65,840 https://portal, fema.gov/firegrant/jsp/prevention2004/application/print_app.j sp?print=-true&... 9/22/2004 Prim Application Page 7 of 15 Narrative Statement Project Description Please provide your narrative statement in the space provided below: We are seeking financial assistance with a project covered under the Fire Prevention category - the purchase of a Fire Safety House with Weather Preparedness Package. This proposed project is essential to educate our community on Fire Safety as well as how to recognize weather warnings and how to prepare when severe weather strikes. With a Fire Safety House with Weather Preparedness Package, we feel we could make a great impact on citizens of all ages and business owners to help them understand the importance of fire safety, what safety measures they need to practice, as well as experience a severe weather simulation in a realistic and safe environment. Our comprehensive fire safety-training program would target specific USFA high-risk groups - senior citizens, children, and the community emergency responders that volunteer at our department. Through the use of the Fire Safety House with Weather Preparedness Package, we will be able to provide a hands-on educational approach to fire safety and emergency preparedness by taking our programs directly to these specific populations. Our identified at-risk groups include children age 14 and under (15 % of our population), seniors over the age of 65 (30% of our population), and seniors age 55-64 (10% of our population). The proposed Fire Safety House with Weather Preparedness Package is an advanced educational tool for the public. We foresee the fire department visiting schools with the trailer to enhance, expand and supplement our current fire safety training already in place in our elementary schools, which targets nearly 6000 students citywide. Delray Beach has 8 public elementary schools. We anticipate using the Fire Safety House with Weather Preparedness Package as a foundation for the development of a new program aimed to help children. Our programs have concentrated on the adult population, but failed to prepare our children for any severe weather emergencies. From what I have witnessed some of the children are now fearful and suffering from some forms of post traumatic stress. This hurricane season has reemphasized the tremendous need for this type of educational tool. As our community's fire personnel, we feel we should educate and help prepare our citizens to recognize weather warnings and proper steps to follow when severe weather strikes along with teaching about fire safety. The proposed Fire Safety House with Weather Preparedness Package will serve as an educational tool utilized throughout our community. This tool can be used at many events including: special occasions, such as department open houses, community celebrations including the Fourth of July, block parties, business promotions, at churches, health fairs, career days, fire department tours and even training our community emergency responders. WHY FUNDING IS NECESSARY: The Delray Beach Fire-Rescue Department responds to over 10,000 calls per year. Our number one concern is public health and safety for the members of our community. Last year, we had 50 structure rites with a total fire loss of $493,312. This statistics include 11 fires at commercial establishments. Our Fire Safety division has a limited budget to support the purchase this kind of teaching tool. With the proposed project, our department can provide valuable fire and life safety education in our schools, and hurricane preparedness to all ages including senior citizens, disabled residents and community emergency responders. USE OF PROJECT FUNDING: BUDGET ITEM TOTAL Weather Smart $5,300.00 25" TV/VCR/DVD $975.00 Color monitor $3,685.00 Intercom $535.00 Loudspeaker $1,185.00 Honda generator $4,250.00 Wheelchair ramp $975.00 Smoke detector w/strobe light $169.00 2 carbon monoxide detectors $225.00 Rollout awning $1,100.00 Electric leveling jacks $1,745.00 https://portal, fema.gov/firegrant/j sp/prevention2004/application/print_app.j sp?print=-tme&... 9/22/2004 Print Application Page 8 of 15 Spare smoke machine $897.00 4 gal. smoke fluid $165.00 Burning Trash Can $445.00 Appearance Group $995.00 Convenience Pkg $975.00 Emergency group package $795.00 Prop Group $595.00 Injury Prevention Group $495.00 Sprinkler system installed $1,365.00 Exterior Graphics Package $3,000.00 Delivery expense $1,887.00 2nd AC Unit $1,107.00 HD 39 Bleacher FLT $32,975.00 TOTALS $65,840.00 Because our community consists of 66,953 residents, our funding responsibility equals to 30% of the total project cost. We will fund our projected cost of the Fire Safety House with Weather Preparedness Package through funds raised at an annual golf tournament fundraising event. BENEFIT OF PROGRAM TO COMMUNITY: Education is a powerful tool in fighting fires and saving lives. Our community would benefit greatly by the acquisition of a Fire Safety House with Weather Preparedness Package. Through this vehicle, we will have a greater opportunity to reach out to those who may not be getting the hurricane and fire safety instructions they should. It will provide firefighters with a "mobile classroom" featuring home-like rooms and real-life hazards. It is the perfect tool to deliver fire safety and severe weather preparedness to children and other at risk populations. This new teaching tool will help us educate our community to the importance of fire safety, and man-made and natural disasters. The programs that will be the focus of our fire safety education lessons include home escape plans; fire safety in the kitchen, living room, and bedroom; the proper way to report a fire to 9-1-1; the appropriate safety, preparedness steps to take when severe weather threatens and what to do after the storm. Safety lessons will also include crawling Iow in smoke, exiting bedroom windows, the importance of functioning smoke detectors, and how to recognize fire hazards in the home. We strongly believe that an educating our community through the the use of educational instructions at the Fire Safety House with Weather Preparedness Package, we can reduce the number of fire deaths and the total destruction of businesses by fire and storms in our community. Thank you for your consideration. https://portal.ferna.gov/firegrant/jsp/prevention2004/application/print appjsp?print=-tme&... 9/22/2004 Prim Application Page 9 of 15 Assurances and Certifications FEMA Form 20-16A You must read and sign these assurances by providing your password and checking the box at the bottom of this page. Note: Fields marked with an * are required. Assurances Non-Construction Programs Note: Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Section 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration) 5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.$.C. Sections 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290-dd-3 and 290-ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Acts of 1968 (42 U.S.C. Section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Title II and III of the Uniform https://portal.fema.gov/firegrant/jsp/prevention2004/application/print app.jsp?print=-tme&... 9/22/2004 ·Print Application Page 10 of 15 Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. Sections 276a to 276a- 7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for federally assisted construction sub agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. Section 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93- 523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. Section 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assudng compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Section 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structu res. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. 19. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201 ), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. https://portal.fema.gov/firegrant/jsp/prevention2OO4/application/print app.jsp?print=true&... 9/22/2004 .Print Application Page 11 of 15 Signed by Patricia Dunkelmann on 0912212004 https ://portal.fema.gov/firegrant/jsp/prevention2004/application/print_app.j sp?print=-tme&... 9/22/2004 Print Application Page 12 of 15 Form 20-16C You must read and sign these assurances by providing your password and checking the box at the bottom of this page. Note: Fields marked with an * are required. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibilities Matters; and Drug-Free Workplace Requirements. Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying; and 28 CFR Part 17, "Government-wide Debarment and suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Federal Emergency Management Agency (FEMA) determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING A. As required by the section 1352, Title 31 of the US Code, and implemented at 44 CFR Part 18 for persons into a grant or cooperative agreement over $100,000, as defined at 44CFR Part 18, the applicant certifies that: (a) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement and extension, continuation, renewal amendment or modification of any Federal Grant or cooperative agreement. (b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all the sub awards at all tiers (including sub grants, contracts under grants and cooperative agreements and sub contract(s)) and that all sub recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12549, Debarment and Suspension, and implemented at 44CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510-A, the applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within a three-year period preceding this application been convicted of or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or perform a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification: and https://portal, fema.gov/firegrant/j sp/prevention2OO4/application/print_app.j sp?print=true&... 9/22/2004 Print Application Page 13 of 15 (d) have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug-Free Workplace (Grantees other than individuals) As required by the Drug-Free Workplace Act of 1988, and implemented at 44CFR Part 17, Subpart F, for grantees, as defined at 44 CFR part 17, Sections 17.615 and 17.620: (A) The applicant certifies that it will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantees policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement and (2) Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency, in writing within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the applicable FEMA awarding office, i.e. regional office or FEMA office. (f) Taking one of the following actions, against such an employee, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). https://portal.fema.gov/firegrant/jsp/prevention2OO4/application/print_app.j sp?print=-true&... 9/22/2004 Print P~pplication Page 14 of 15 (8) The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance Street City State Zip Action If your place of performance is different from the physical address provided by you in the Applicant Information, click on Add Place of Performance button above to ensure that the correct place of performance has been specified. You can add multiple addresses by repeating this process multiple times. Section 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for FEMA funding. States and State agencies may elect to use a Statewide certification. Signed by Patricia Dunkelmann on 09122/2004 https://portal, fema.gov/firegrant/jsp/prevention2OO4/application/print_app.j sp?print=-true&... 9/22/2004 Print' Application Page 15 of 15 Standard Form LLL Only complete if applying for a grant for more than $100,000 and have lobbying activities. See Form 20-16C for lobbying activities definition. This form is not applicable https://portal, fema.gov/firegrant/j sp/prevention2004/applicafion/print_app.j sp?print=true&... 9/22/2004 SCOTTY' Fire Safety House Commercial Trailer Manufacturer for over 45 Years 1-800-783-0213 2005 Price List Effective thru January 2005 All Pricing reflects 2005 Model Year and is FOB Factory (call for delivery quote) HOME DECOR (HD) Exterior STREAMLINED AERODYNAMIC (SA) Exterior White vinyl siding, a mansard roof line and shutters A white aluminum exterior and aerod,~namic all add to the "Home Style" of this popular exterior, frontal profile compliments this exterior ~acka~le. 1-LevellSplit Level Desi,qns 1-Level/Split Level Desi.clns HD-35Bleacher $30,775.00 SA-35Bleacher $30,775.00 ~,~;~,.5..BleacherFLT $30,775.00 SA -35BleacherFLT $30,775.00 ~~C~~ '~;~ '~: ~ ~ ~&'~ ~'~ ~; 1 $ ~;~'~ SA -39BleacherFLT $32,975.00 HD-31 BleacherFLT $301~?~$".® SA-31 BleacherFLT $30,375.00 HD-3500 $30,775.00 SA -3500 $30,775.00 H D-3500 FLT $30,775.00 SA -3500FLT $30,775.00 H D-3900 FLT $32,975.00 SA -3900FLT $32,975.00 HD-3100FLT $30,375.00 SA -3100FLT $30,375.00 HD-3500w/EntertainmentCenter $31,970.00 SA -3500w/EntertainmentCenter $31,970.00 HD-3500FLTw/EntertainmentCenter $31,970.00 SA-3500FLTw/EntertainmentCenter $31,970.00 HD-3500FLT-Bath $31,500.00 SA-3500 FLT-Bath $31,500.00 HD-35FRB $30,775.00 SA -35FRB $30,775.00 HD-35FRBw/EntertainmentCenter $31,970.00 SA -35FRBw/EntertainmentCenter $31,970.00 H D-35G rtRm $31,970.00 SA -35G rtRm $31,970.00 HD-39GrtRm $34,170.00 SA -39GrtRm $34,170.00 HD-3500Front Command Post FLT $30,775.00 SA-3500Front Command Post FLT $30,775.00 HD-3500FLTComputer $30,775.00 SA -3500FLTComputer $30,775.00 HD-2CLRM $30,775.00 SA -2CLRM $30,775.00 HD-35-2Room $27,065.00 SA -35-2Room $27,065.00 5th Wheel DesiRns $40,595.00 5th Wheel Desi,qns $40,595.00 2-Level Desi,clns 2-Level Desi;ns HD-31 PC $28,775.00 SA-31 PC $28,775.00 HD-35PC $30,775.00 SA-35PC $30,775.00 Sprinkler Demonstration Units Standard vehicle includes a thirty-five (35) gallon water tank and pre-wiring for a 110-volt water pump. The complete spdnlder system can be installed for an additional ~1~365.00 {;includes a I HP Pump~ copper pipin~ a 135 decjree sprinkler head with manual or automatic activation). Life Safety Sprinkler House $36,175.00 Combination Sprinkler/Fire Safety House $41,175.00 Combination Sprinkler/Fire Safety HouseFLT $41,175.00 Combination Sprinkler/Fire Safety House w/Entertainment Center $42,370.00 Combination Sprinkler/Fire Safety HouseFLT w/Entertainment Center $42,370.00 1-800--783--02 I 3 This is a partial listing of standard equipment for the SCOTTY Fire Safety House Models. For a complete listing request Specifications on individual models. · Show Fogger Pro Fog Machine w/Wireless Remote · 9-1-1 Phone w/Interior and Exterior Jacks · Heated Bedroom Door w/Temperature Gauge · Remote Activation of Various Equipment · Oak Cabinet Door Upgrade on all Cabinetry · Exterior Self-Lifting (50 lb rated gas strut) TV Door · Heavy-Duty Leveling Jacks and Electric Hitch Jack · High Volume Roof Ventilation System · 12-Volt Safety Step Lighting - All Entrances · Single Hung White Vinyl Double Pane Windows · Rear Deck Made of Solid Plastic Lumber (2-level models) · Commercial Rubber Roof w/12 yr Warranty · Ducted 13,500 BTU Air Conditioner with Thermostat · 110-Volt Electric Ceiling Heaters or LP Gas Furnace · Safety Stove/Oven/Electronic Touch Microwave · Commercial Grade Carpet installed wall to wall · Emergency Escape Ladder · Hardwired Smoke Detectors In-line Surge Protector · Tubular Steel Frame · In-line Surge Protector · Educational Curriculum & SOG · UL Certified Appliances · In-House Parts Dept. and Factory Service Center · Manufacturer Warranty · R.V.I.A. Compliant · Meets National Electric Codes The "Safety Stove" is now standard on all modelsl! The 3-burner range is modified to provide for the "Safety Stove". This interactive feature includes the glo-stove (stove burners appear to be "hot") and the cookware-carousel (rotating burner with pan attached allows students to state the "safe" position for the pot handle), The activation switches are located on the stove. Note; There is no gas line or fuel source provided for the stove due to the safety issues of having an open flame in a demonstration vehicle. 1--8 0 0--7 8 3--0 ;2 I 3 Factory Installed Options Prices Effective thru January 2005 Audio/Visual Enhancements Weather Smart Package Includes 25" Color TV, 4-head VCR, Surround Sound System w/Sub-woofer and CD/DVD Player, 5,300.00 Simulated lightning and "Shaking" Blinds with Black-Out Shades in the presentation room, Weather Radio with Alert with Special Effect Lighting, Emergency Lighting, Commercially produced DVD for sound effects and video in the Tornado and Hurricane Package. Add the Earthquake Simulation to the Weather Smart Package; includes a CD for the sound effects and a second sub-woofer: $745.00 Pre-Wiring Only for Future Weather Smart Package Includes "Shaking Blinds" for Two (2) windows and Pm-Wiring Only 945.00 for the following future equipment; TV, VCR, Surround Sound System, Strobe Lights for the simulated lightning, Emergency Light Receptacles. The DVD and all electronic equipment would need to be purchased and installed by the customer at a later date 25" Color TV and DVD/VCR Player built-in w/Exterior Viewing 975.00 Camera Monitor System Complete-Black & White Three (3) PhillipsTM b&w Cameras w/4mm Lens, One (1) PhillipsTM 12" 2,489.00 b&w Monitor w/4-way Switcher for Control Room. This system is audio capable. Add an intercom system to this package: $385.00. Add a roof-mounted camera with 355 degree viewing in a heated weatherproof box to this package (not for night use): $1,200.00. Camera Monitor System Complete-Color Three (3) BoschTM color Cameras w/3mm Lens, One (1) BoschTM 14" color 3,685.00 Monitor w/4-way Switcher for Control Room. This system is audio capable. Equipment is on an inverter-filtered power supply for enhanced picture quality & includes a 12-volt disconnect switch to safeguard charge of the 12-volt battery. Add an intercom system to this package $535.00. Add a roof-mounted camera with 355 degree viewing in heated weatherproof box to this package (not for night use): $1,500.00. Pre-Wiring Only for Future Interior Camera Monitor System Wired for video and audio capability 389.00 Loudspeaker System Complete with Wireless Microphone Two (2) Exterior Speaker Horns, One (1) Wireless 1,185.00 Microphone and Transmitter, One (1) 80 Watt Amplifier Pre-Wiring Only for Future Loudspeaker Wiring/backing for Two(2)future exterior speakers for use w/a wireless 275.00 microphone Power HondaTM EM6500SXKI Generator on Hitch (electric start) or in Storage Compartment (recoil start) with 4,250.00 12-Volt Blower Fan Includes Wheel Kit and Soft Vinyl HondaTM Cover Storage Compartment for Future Generator Includes 12-volt Blower Fan 595.00 Physically Challenged Enhancements Wheelchair Ramp w/On-Board Storage Compartment Ramp is 7' in length (does not meet ADA slope requirements). 975.00 Instructor is to provide assistance for entering and exiting vehicle. Aluminum Foldable Design weighs 44 lbs Smoke Detector For Hearing-Impaired w/Strobe Light Installed in place of standard residential detector 169.00 Interior/Exterior Enhancements Oak Entertainment Center with Sliding Pocket Doors and Storage Available for installation in most models 1,195.00 Full Size Entertainment Center Includes FM roof antenna, Two (2) ceiling speakers and Four (4) 110-volt receptacles. Holds most 27" TV's Pull Station with Horn & Strobe Includes Master Cut-Off Switch 495.00 Two (2) Carbon Monoxide Detectors Hard-Wired Detector with on/off activation switch and The NighthawkTM Digital Read- 225.00 Out 1.6 cubic foot Refrigerator in Kitchen Built into lower kitchen cabinet 276.00 Deluxe Roll-out Awning 8'x21' Installed on the main entrance door side of coach 870.00 Deluxe Roll out Awning 8'x24' with Center Rafter Installed on the main entrance door side of coach 1,100.00 Electric Leveling Jacks with auxiliary battery Installed in place of manual leveling jacks 1,745.00 4 Gallon Case of Fog Fluid Stock up on our private label fo~ fluid for use with the Show Focj~er Pro Smoke Machine 145.00 Burning Trash Can - Located in the bedroom, the flame inside the trashcan is activated by a wall switch. This realistic silk flame 445.00 effect uses a combination of airflow, light and fabric to create the effect. No smoke. Command Center Enhancements - Get double-duty from your SCOTTYby having some of the Command Center features added so the vehicle can be used as a secondary command post during emergency situations: Functional Bathroom; vanity w/sink and faucet, commode, medicine cabinei w/mirror, ~oilet p~per'and towel 3,565.00 bar, monitor for the water tank levels, easy access to the fresh tank, gray tank and 12-volt water pump, exterior water fill for fresh tank, door with privacy lock, 12-volt ceiling fan and lighting, vinyl flooring installed. Workstation; Double the use of your fire safety house as a mobile command center. This package offers a 575.00 counter that folds out of the way when not in use and a handy work area with 2- 110-volt duplex receptacles, 2-telephone land lines, 1- 12 volt cigar lighter jack and 1-two-way radio antenna pre-wire. Telescopic Scene Lights; Two (2) 110-volt, 500-watt lights. A light is installed on the front and rear of the 1,850.00 coach on a side mount, push up, anodized aluminum telescopic pole, which rotates 360 degrees Camera Tower; With a 355 degree vision, our retractable camera tower will give you a bird's eye view of the See Pricing scene and allows you to see over other vehicles and apparatus. The exterior camera is installed in a heated on Monitor weatherproof box and stows quickly and easily in a protected area of the roof. I System Options continued on next page Air Conditioning & Heat (One (1) 13,500 BTU ducted Air Conditioner and your choice of Heating is included In the base price) HEATING Two (2) ll~-volt operated electric ceiling heaters with a nominal heating capacity of 4266 B'I'U's each No Charge OR- A 35,000 BTU ducted propane furnace w/two (2) 20# LP tanks w/a hard vinyl cover and an LP gas detector installed in the control room Upgrade to a 15,000 BTU Ducted Air Conditioner Installed in lieu of standard 13,500 BTU Unit, adds 5" to overall height 175.00 2nd Air Conditioner Add a 2nd ducted 13,500 BTU Air conditioner and double your coolin~l comfort 1,107.00 Pre-wire Only for 2nd future Ducted Air Conditioner Wirin~], ductwork, and a crank-up vent installed for future A/C 410.00 Packaged 6ptlon Groups Let Mobile Concepts by SCOTTYdo the shopping for you. Each of our value-added prop packages has been designed to fit your specific needs! Appearance Group - First impressions are important, so make the best impression you can with some of 995.00 these additions: · Brushed Aluminum Wheels (not caps) · Flashing' exterior porch lights with on/off activation switch · Lighted Exit sign installed above main entrance door with on/off switch · 9-1-1 house numbers on exterior Convenience Package - What better way to add to the overall function of your trailer than with this package 975.00 group which consists of: · 12-volt Disconnect Switch · 10 Replacement interior light bulbs · Heavy Duty Skid Wheels · 2 back-up bulbs, 2 turn signal bulbs, 5 clearance bulbs · Four (4) Trailer Leveling Gauges · 5 step-light bulbs, 5-15AMP Fuses · Electric Broom for easy clean-up · Carpet Spot Cleaner Emergency Group - Your SCOTTY is built for road travel but you need to be prepared: 795.00 · Spare Rim/Tire · Lug Wrench · Back-up alarm 97db · 4 Wheel Chocks · Rolling Jack 3 ton · Safety Triangle Emergency Reflectors set of 3 Prop Group - Make your SCOTTY Fire Safety House as educationally resourceful as possible. Use these 595.00 handy items to demonstrate easy-to-learn fire safety topics to children and seniors · 4-Gallon Case Smoke Fluid · Electric Toaster · A Welcome mat · *Smoke Alarm battery-powered · Kitchen Towels/Oven Mitt/Throw Rug · *Flash light · Rechargeable Fire Extinguishers (Includes a 5, 10 & 20 pound extinguisher) *batteries are included Injury Prevention Group - This versatile package is excellent for use with NFPA'$ Risk WatchTMcurriculum, 495.00 bicycle safety programs and other injury prevention classes: · Seat belt with shoulder strap securely installed on a bench (motor vehicle and pedestrian safety) · A bike helmet, elbow pads, kneepads and flashlight (bicycle safety) · Strong box sized for holding a pistol (firearm safety) · A longer pull cord for mini-blinds (strangulation) · A life jacket (water safety) Call us at 1-800-783-0213!! www. scottyrv, com Mobile Concepts by SCOTTY -- Manufacturer of the Scotty Fire Safety House Page 1 of 2 Select a prOduct Preparedness Training 'Price & Options Take Action Raise Home. As of Teach your community how to Sept. 13, 2004 recognize weather warnings and the 889 proper steps to follow the next time Fire Oepts severe weather strikes. now own SCOTTY vehic . NEW! the Weather Smm*M Package allows children and adults to experience a severe weather simulation in a realistic and safe environment. Experience Weather Smart! · A 25-inch television/VCR combination will be installed in the oak entertainment center or custom-built cabinet (location varies by model). · A professionally produced DVD is included for the video and sound effect. The instructor can control the entire simulation program from the same room where the participants are located. · The tape shows a broadcast of a well-known TV show. Suddenly, the TV Our Quarterly station interrupts programming to issue a weather report. A tornado has Newsletter been spotted in your area and you are advised to seek shelter. · The surround sound system reproduces the sound of the pelting rain, strong side winds and clapping thunder. · The shades on the window cause the room to go dark thereby matching the atmosphere of a severe storm. · The special effect lights behind the window valances appear like lightning. · A tornado siren is heard, followed by a National Weather Service Alert. · A large subwoofer is built into the room (location varies by model) that allows the participants to feel the deep vibrations of the low tone thunder. · Once the lights go out and the emergency lights mm on, the tornado quickly approaches and the sound level of the storm intensifies. As the tornado passes, the sound of the wind is loud enough to drown out the thunder. · When the storm has passed, you hear dogs barking and birds chirping. The sound of thunder rolls off into the distance and the storm has ended. · One (1) commercially produced DVD · Choose from the following: tomado and hurricane package or earthquake package. · The complete package includes a Panasonic 25-inch TV/VCR, DVD/CD http://www.scottyrv.com/Weather_Smart.htm 9/13/2004 Mobile Concepts by SCOTTY -- Manufacturer of the Scotty Fire Safety House Page 2 of 2 player, Panasonic surround sound 5-speaker system, sub-woofer, simulated lightning (special effect lights), "shaking" mini blinds, two (2) emergency lights, a weather radio with special effect light, and a DVD for the video and custom sound effects. This package can be added to any of our SCOTTY Fire Safety House floor plans. Don't want the entire package? Have us pre-wire for the audio and video equipment. You can then add the equipment at a later date. :i v ~--~_ 1-800-783-0213 724-542-7640 * 724-542-7648 FAX * Email: adegre~scottyrv.com 480 Bessemer Road Mt Pleasant, PA 15666 Home Contact Us http://www.scottyrv.com/Weather_Smart.htm 9/13/2004 HD-35BleacherFLT Curb Side Road Side Entertainment Center by SCOTTY 1-800-783-0213 Kitchen/Bleachers Some equipment shown is optional. See model specifications for standard equipment. AGENDA REQUEST Date: September 28, 2004 Request to be placed on: X Consent Agenda __ Special Agenda __ Workshop Agenda When: October 5; 2004 Description of agenda item: Anmroval to mroceed with a.p~[cl~f~n for a F_e~te.ral Emergen. cy ManaAement Agenc~'matching grant ~707o Federal~ 3070 Municipal) ~n the amount of $65,840 to acquire a multi-risk safety demonstration trailer for fire safety and severe weather instruction purposes. The City's required 30% local cash match will be identified if the grant is awarded and will be presented to City Commission for acceptance and approval. ORDINANCE/RESOLUTION REQUIREO: YES NO X Oraff of Resolution At~ched: YES NO X Recommendation: Department Head Signature: V~ -~' ~ Determination of Consistency with Comprehensive Plan: City Attorney RevlewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes 4//~ ~ No Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: ~ .~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~r7I/''] \ SUBJECT: AGENDA ITEM # ~.~ - REGULAR MEETING OF OCTOBER 5, 2004 QUANTUM FOUNDATION GRANT/COMMUNITY HEALTH IMPROVEMENT PROGRAM (CHIP) DATE: OCTOBER 1, 2004 This is before the City Commission requesting authorization to submit a grant application for a non- matching grant to the Quantum Foundation of Palm Beach County in the amount of $467,331.64 to provide funding for three (3) years for a Community Health Improvement Program (CHIP) in the Fire- Rescue Department. Recommend approval to submit the Quantum Foundation of Palm Beach Count3· Grant application. S:\City Clerk\agenda memos\Quantum Foundation Grant Application.10.05.04 Q u A N T U M F OUNDATION,~ Advancing l-Iealth & Education in Palm Beach County · Application Request Instructions: Please complete this form in full and submit along with any supporting documentation such as Project Budget, IRS. Tax Determination Letter, Board Member list, Request for Project Support and Conditions of Grant, etc. Request Date: 8/23104 Date of 501c$: Organization Name: Delray Beach. Fire-Rescue Tax ID: 59-6000308 Contact Name: Robert Moreland Tide: Division Chief-EMS Street Aclclress: 501 West Atlantic Avenue .Suite/Floor: City DelrayBeach State FL ZIP: 33444 E-Maih moreland (~ci.delray-beach.fl.us Phone: 561-243-7440 .Fax:. 56t-243-7461 ~~. C~,.,.~nity Health Improvement Program (CHIP) . .,.::":': '/. T~ lNgt'Sy Besch Fir~Rl~e ll~Partme~ ~ (Cammmmity H~ Impr~ve~t Progrm~ is being formed to help. meet the needs of the large and wowing senior population in our city, along ~ overall community needs.. It can be characterized as a unique program brought to the attention of th~ D~'ray Beach Fire-Rescue Department due to the needs and desires of our senior citizens, Fire-Resea~ p~r~onnel and the community in general. · The CHIP program will focus on senior risks, needs and making or finding a safe environment f~r senior citizens, by involving our resources, community, government and private services. The CHIP program's objective is to promote and support the senior citizens and commani~ wi~ ~dueation, ass~ment of needs ami a re~otation"to those needs, as tocreate a safer and healthkr qmfl~ of li~ l~r ev~roa~. The program will als~ erga*e a rt~r~e ParamediedRN for our shift peFse~nd te eoutm~ when the needs M'e identJfie& TotM Project Budget: $ d4i7,331.64 Please classify your request by checking the appropriate boxes below: Progrnm Ar~a Palm Bea~ Coum~j Ga~grapbic Arm S~rved O Health O North O Education G South G Community Betterment O East O West CHIP Community Health Improvement Program Executive Summary The concept of the Delray Beach Fire-Rescue CHIP program is to better serve our community and seniors citizens, which are experiencing a rapid growth rate to an estimated 80 million seniors by the year 2050 nationwide. (U.S. Census Bureau, 2001). According to the year 2000 U.S Census, approximately 30.5% of the population residing in the City of Delray Beach were seniors. This demographical statistic has produced an increased demand for Fire-Rescue services, hospital occupancies, and community-based services. This, in turn, has led to a need for an outreach program such as a (CHIP) Community Health Improvement Program. The CHIP program will bring a closer relationship with our community and Delray Beach Fire-Rescue by providing education, assessing needs and finding resolutions to those needs. In tum, our personnel will run less public assist calls and have fewer injuries from lifting. The CHIP program will be able to solve problems for the community that cannot be solved by shift personnel. The Delray Beach Fire-Rescue Department will use fewer resources, such as apparatus, fuel, and wear and tear on vehicles. Some of our seniors get sent to the hospital needlessly, because our personnel have no other options available for that patient. These patients can not be left alone and they do not belong in the hospital. They are transported to the hospital, only to be caught in the system and repeat the process. This is taxing to the hospitals and frustrating for the patients and our personnel. The concept of the CHIP program will change all of this and make a safer, healthier community. The CHIP program will provide Fire-Rescue personnel a resource Paramedic/RN to help solve these problems and bring continuity of care to the community. The Delray Beach Fire-Rescue CHIP program's mission is to provide unique and quality care with a safe environment for our seniors and citizens in need. CHIP will provide options of care through education and resources, so that decisions about current and future care can be made while patients are still capable. Through long-term commitment to this program, we will be recognized as a department that is responsive to the needs of our seniors and community. The Delray Beach Fire-Rescue CHIP program can be characterized as a unique program in that our typical services are of the emergent nature (911 calls). This program came about as a result of the special needs and desires of our senior citizens, special needs citizens, concerns of Fire-Rescue personnel, and the community at large. The Delray Beach Fire-Rescue Department recognizes the need for an out-reach program in the community. The program will be presented to the City for future funding after termination of Quantum Foundation support. The effectiveness of the Delray Beach Fire-Rescue CHIP program will be evaluated in several ways; through surveys and interviews with clients, and/or their care givers to determine whether their needs have been met. Information gathered through other agency providers, surveys and interviews will also be conducted with Delray Beach Fire-Rescue personnel and our Medical Director; Dr. Randall Wolff. We will also evaluate statistical data from our data base on Public Assist calls. AGENDA REQUEST Date: September 28, 2004 Requestto be placed on: X Consent Agenda Special' Agenda __ Wo~shop Agenda When: October 5, 2004 Description ofagendaitem: Approval to proceed with anon-matching grant ~pp%ication to the Quantum Foundation of Palm Beach County to provide three year funding in the amount of $467,331.64 for a Community Health Improvement Program in the Fire-Rescue Department. ORDINANCE/RESOLUTION REQUIRED: YES NO x Draft of Resolution Attached: YES NO x Recommendation: Determination of Consistency with Comprehensive Plan: City Attorney RevlewlRecommendation (if applicable): Budget Director Review (required on all items Involving expenditure of funds): Funding available: Yes Funding alternatives (if applicable): 100%; non-matching grant Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: (~ ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # £1TY OF I)ELA;lY BE;I£H DELRAY BEACH AII-/lll~aCil~ 100 N.W~ 15t AVENUE · DELRAY BEACH? FLORIDA 33444 - 561/243-7000 1093 TO: David T. Harden, City Manager 2001 FROM: ~"Robert A. Barcinski, Assistant City Manager DATE: September 29, 2004 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING OCTOBER 5, 2004 APPROVAL SPECIAL EVENT REQUEST - HALLOWEEN PARADE ACTION City Commission is requested to approve the Annual Halloween Parade sponsored by the Noontime Kiwanis Club to be held on October 30, 2004 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 (h) for the rolling closure of Atlantic Avenue from N.E. 1 st Avenue to Veteran's Park and provide staff support for traffic control and security. BACK~iROUND Attached is a letter and event permit for this event received from Mr. Vince Canning as well as an event budget. Participants will assemble at Old School Square and proceed to Veteran's 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 $1,400. Per event policies and procedures there will be no charges for staff assistance. RECOI~tMENDATION Staff recommends approval of the event temporary use permit and staff assistance conditional on the receipt of a certificate of insurance and hold harmless agreement. RAB/tas File: u :sweeney/events Doc: Agenda Halloween Parade 2004 THE EFFORT ALW^YS MATTE.S ~) Printed on Recycled Paper RECEIVED SFP 1 4 200 CITY MANAGER Septemberl 1, 2004 Robert Barcinski, Asst. City Manager 100 N.W. First Ave Delray Beach, FL. 33444 Re: Halloween Parade Dear Bob: The Noontime Kiwanis Club will conduct the 57th year of the Halloween Parade on Saturday, October 30, 2004. We would like to assemble the children on the S.E. comer of Old School Square. The parade will begin at 1:30 p.m., moving from Old School Square to Veteran's Park using Atlantic Ave. The Parade will join up with "Kids Day" at the Park. I have cleared the arrangements with Danielle Gallo and Peggy Murphy. Sincerely, Vince Canning, Chairman pE~L~.Y, B,EA?~ City of Delray Beach Special Event Permit Application PLEASE PRINT EventName/Title: .~'/~v-/'j4/,~3 /'¢',~//o~VEE'lt/ /~[?~O~ o/ Event Date(s): ("J~r ~.~o_. ~ ~3o .~ EventTime(s): ~ /."_?o /o/v~_ c~..~/5--- Event Sponsor/Producer: A/a¢/v"7~/'~' ~'~ Event Contac~Coordinator: ~: ¢ ~ ~ i ~ ~ Name: ~(~ ~N/ Address: /o / ~ ~.~ A ~- Telephone Number: ~ ~ - ~3 ~ Cellular Number: E-mail Address: Event Description/Purpose: ~ Z ~ R~ -~-F~ Sponsor Category (please check) City [] Non-Profit/Charitable li( Private [] Co-Sponsor- Non-Profit/Private [] (If Non-profit attach proof of 501c(3) or (d)) Event Location (Describe area boundaries of event/location): c')Lt) $,~,~oL ~u,~r~ .S,~'. Co~¢~ ,~f~rlza~nC ~.~ Site plan attached yes no J (Site plan required for entire event site) Event budget attached yes no ~/' (Required for ali events) Serving or selling alcoholic beverages yes no ~/' (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) ! Event certificate of insurance attached yes no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music yes no (Waiver required) Requesting Police assistance yes -,/'/- no (traffic COntrol/security) Will supplement with private security yes no (If yes, need plan attached) Requesting Emergency Medical assistance yes no / Requesting barricade assistance yes no Requesting trash removal/clean up assistance yes no Requesting trash boxes and liners yes no Requesting stage use yes no (If yes, check type) Large stage covered [] Large stage no cover [] Small stage [] Half small stage [] Requesting signage yes no Type: Event sign Directional signs Banner hanging Indicate dates required (H/aiver required if more than one (1) week prior to event) Food and beverage vendors yes no If yes, approximate number Health Department approval yes no Other vendors yes no Tents yes no (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides yes no (If yes, type and location and copy of liability insurance required) Will the event be gated yes no (Show on-site map) Will there be fireworks or other pyrotechnics yes no (If yes, contact Fire Marshall) " Will there be cooking with compressed gas yes no u,/' (If yes, contact Fire Marshall) Will you be providing port-a-lets for the event yes no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Will there be a charge for the event yes no ~" (If yes, indicate ticket prices) Is reserved parking requested yes no (If yes, indicate locations) Event Contractqr/Coordinator Please print: v/~f~4;~ ~,,~/v,~/ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use O.j~,~_r/~.' / Date Received W./oc [ ,/(j-? Application fee received Site map Budget ~" Certificate of insurance Hold Harmless agreement Security plan ~/4- Waiver alcoholic beverage Railroad approval Coast Guard approval //1- 501c(3) or (d) certificate or letter ,./" Health Department approval Fire Inspector approval ,~/,'r Police Department approval Public Works approval Parks and Recreation approval City Commission approval £1TY DF DELARV BEACH DELRAY BEACH AIl-~JtlericaCity 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 = 561/243-7000 MEMORANDUM 1993 2001 TO: David T. Harden, City Manager FROM: ~J{~Robert Barcinski, Assistant City. Manager DATE: October 1, 2004 SUBJECT: AGENDA ITEM #<~CITY COMMISSION MEETING OCTOBER 5:2004 APPROVAL OF SPECIAL EVENT AND MISCELLANEOUS GRANT FUNDING FOR FY 2005 City Commission is requested to approve staff recommendations for the Special Event and Miscellaneous Grant Funding for FY 2005 as amended by City Commission at the September 14, 2004 meeting. Exhibit "B" attached was corrected to include the $3,000.00 increase in AVDA (Aid to Victims of Domestic Assault) funding with a corresponding reduction in the Miscellaneous Grant contingency. File: Agenda memo/Special Event and Misc. Grant Funding for FY 05.10.05.04 THE EFFORT ALWAYS MATTERS Printed on Recycled Paper Exhibit A Special Events Fiscal Year 2004-2005 Atlantic High School Luncheon 0 568 0 0! 0 Boy Scouts of America 0 500 0 0 0 Holiday Parade 2,500 2,500 2,250 1,500 1,500 Fotofusion 5,000 8,000 8,000 22,000 0 Joint Venture Christmas Tree 25,000 25,000 25,000 25,000 25,000 Mainstreet Baker Cake/Bond 0 0 550 0 0 Martin Luther King Celebration 500 500 500 500 500 Old School Square A1A project 0 0 300 0 0 Old School Square Goal Setting 0 0 300 0 0 Palm Beach County Black Elected Officials Sponsorships 0 0 1,500 0 0 Palm Beach County Black Elected Officials AD1 Gala Book 0 0 250 0 0 Palm Beach County Teen Sponsorships 100 0 0 0 Radio-Haiti 0 0 175 0 0 Safety Patrol Trips (3) 0 0 0 0 0 Sister Cities Committee 3,000 2,500 2,500 2,500 2,500 First Night 8,000 10,000 *7500 5,000 5,000 Contingency 5,233 1,582 0i 0 8,500 * Transferred to First Night Fund Exhibit B Miscellaneous Grants Fiscal Year 2004-2005 Economic Develop Dir. ol 4,1631 50,0001 50,0001 50,000I Economic Development (C of C) 25,0001 25'°°°1 25'°°°1 25'°°°1 25'°°°1 Econ. Incentive - ABC Carpet 25,247J 22,135J 21,262J 26,410J 26,410J Sub Total $50,247 $51,298 $96,262 $101,410 $101,410 Aid to Victims of Domestic Assault (AVDA) 20,000 20,000 22,000 30,000 25,000 The Association of Retarded Citizens (ARC) 3,000 3,000 3,00ti 5,000 3,00C Boy's and Girl's Club of Palm Beach County 35,000 32,000 32,000 50,000 35,000 Community Child Care Center of Delray Beach (1) 25,000 25,000 25,000 25,000 25,000 Deaf Service Center 5,000 5,000 2,000 10,000 2,000 Delray Beach Historical Society 0 0 0 24,058 0 Drug Abuse Foundation (2) 25,750 25,750 35,000 40,000 20,000 EPOCH 25,000 38,000 30,000 50,000 30,000 Friends of Sandoway House 25,00a 30,000 25,000 50,000 20,000 Community Neghborhood Helping, Inc. (Glory Awards) 10,000 0 0 40,000 0 Haitian Music Festival 10,000 0 0 0 (3 Joint Venture (Fireworks) 40,000 40,000 40,000 40,000 40,00(~ Mae Volen Senior Center 0 0 5,000 30,000 6,000 Museum of Lifestyle & Fashion 0 0 0 25,000 0 Roots Cultural Festival, Inc. 0 0 11,995 32,380 15,000 School District Palm Beach County Child Care Program 30,000 0 0 0 0 Sister Cities 2,700 0 0 0 0 Soul of Delray 30,000 0 0 0 0 The Omega Joshua Generation Counseling Services, Inc. 0 8,000 0 Palm Beach County School Readiness Coalition, Inc. (3) 0 18,000 20,000 47,834 16,000 Perfect Results Video 15,000 0 (~ (3 0 Pinapple Grove Main Street 30,000 30,000 0 0 Urban League (4) 4,000 4,000 4,000 5,000 3,000 Wayside House 6,000 6,000 6,000 8,000 5,000 Contingency 0 6,000 1,535 0 28,590 Sub Total $341,450 $282,750 $262,530 $520,272 $273,590 1) Additional funding of $75,000 will be provided from CDBG program 2) Funding is distributed via Chris Evert Charities from stadium account $35, 000 3) This program was handled by the School District of Palm Beach County prior to FY 03 4) Additional funding of $15,000 will be received from CDBG program City of Delray Beach Administrative Services Memorandum TO: David T. Harden, City Manager FROM: ~;~Robert A. Barcinski, Assistant City Manager SUBJECT: Recommendations for Funding Special Events and Miscellaneous Grants FY 05 Budget DATE: September 9, ~o0{ A committee composed of Rex Taylor, Lula Butler, Joe Safford, Doug Randolph and myself reviewed funding requests in the FY 05 budget form the City Commission Special Event account and the Miscellaneous Grant Division. A total of $56,500 in requests was received for funding from the Special Event account with a budget of $43,000. A total of $621,682 in requests was received for funding from the Miscellaneous Grant Division with a budget of $355,000. Past policy has been to limit the funding from the Special Event account to no more than $50,000 and the Miscellaneous Grant Division to no more than 1% of operating millage ($380,919). The budgeted amount is $355,000. Although we have not adopted a specific policy or criteria for funding these requests, the committee used the attached set of non- binding criteria as we reviewed the requests this year. Staff recommendations for funding are attached as Exhibit "A" and "B". Also attached is Exhibit "C" which provides additional information for requests in the Miscellaneous Grant Division. A summary of staff review comments is as follows: A) Special Events 1. Holiday Parade: This event is co-sponsored by our Parks and Recreation Department with the Chamber of Commei~e. The funding ~[s used to pay bands, for mailings and applications and prizes. This event does have a positive economic impact. The Committee recommends $1,500 funding. 2. Fotofusion: Funding is requested by Palm Beach Photographic to offset this events cost. Palm Beach Photographic has been approved for funding by the TDC in the amount of $163,449. Although the Committee felt this event brought economic and marketing value to the City we did not think there was a financial need due to TDC funding. The Committee recommends $ -0- funding. 3. Martin Luther King Celebration: Funding requested is used to purchase trophies, certificates and other items needed for youth participants in this birthday celebration. The event meets the goal of "Community Unity". The Committee recommends $500 funding. 4. Sister Cities Committee: Funding requested will be used to offset costs for gifts for visitors and the Art Contest. The total budget for Sister Cities for FY 04-05 is $31,000. This is a City supported committee. The Committee recommends $2,500 funding. 5. First Night: This is a City sponsored event. The Joint Venture provides assistance in planning, fund-raising, marketing, program planning and volunteers. This event does have marketing and economic value to the City. These funds would be transferred to the Cities First Night account. The Committee recommends $5,000 funding. B) Miscellaneous Grants 1. Economic DevelopmentDirector: This is the City's share for the Economic Development Director position. This item does meet the goal of Expanded/Diversified Downtown and was funded last year as part of our agreement with the Chamber of Commerce. The Committee recommends $50,000 for funding. 2. Economic Development (Chamber of Commerce): Funds are used for economic development purposes and marketing of the City. This is part of our commitment to utilize occupational license revenue for this purpose. This request also supports Goal 3 "Expanded Diversified Local Economy". The Committee recommends $25,000 funding. 3. Economic Incentive ABC Carpet: The City, by agreement, has a commitment to fund this item through 2006. The Committee recommends $26,410 funding. 4. Aid to Victims of Domestic Assault (AVDA): This agency is a United Way funded agency that provides services which are not duplicated by another agency. They are a 501c(3) organization that provides services utilized by our Police Department. Funding will assist in costs associated with the emergency shelter located in Delray Beach, 24 hour crisis line and counseling services. The Committee recommends $22,000 funding. 5. The Association of Retarded Citizens (ARC): This is a United Way funded organization whose services are not provided by another organization. Funding is requested to provide in-home respite for Delray Beach children with profound disabilities. The Committee recommends $3,000 funding. 6. Boys and Girls Club of Palm Beach County: This is a United Way funded organization. Additional funding is requested to provide for operating costs associated with the new 21,000 square foot building. Approximately 75% of their clients are Delray Beach residents. Programs being provided include homework assistance, computer education, sports and fitness, arts and crafts, leadership programs and drug and alcohol prevention programs. Services are provided to youth 6-18 years of age from 2:009 p.m. until 8:00 p.m. The Committee recommends $35,000 funding. 2 7. Community Child Care Center of Delray Beach: This is a United Way funded agency. Approximately $75,000 will be provided from the CDBG Program for the Village Academy programs they have taken over. Funding is requested for operating costs to provide affordable, subsidized care to abused neglected, at risk children, low income, working poor, legal refugee entrants and children of teen parents. Almost all of their clients are Delray Beach residents. The Committee recommends $25,000 funding. 8. Deaf Service Center: This is a United Way funded agency whose services are not duplicated by another agency. Funding is requested for telephone equipment distribution, client assistance, client education, and resource connection information services of the 39,000 participants in their program, 4,000 are from Delray Beach. The Committee recommends $2,000 funding. 9. Delray Beach Historical Society: Funds are being requested to cover the cabinets in the new bungalow for archive storage. This application was incomplete. The Committee recommends $-0- funding. 10. Drug Abuse Foundation of Palm Beach County: This is a United Way funded organization. Funding is requested to supplement other services for the Adult and Adolescent Outpatient Program as well as Residential Treatment Programs. Approximately 28% of their beneficiaries are Delray Beach residents. Funding in the amount of $35,000 is distributed via the Chris Evert Charities which will be funded in the stadium budget. The Committee felt this organization provides a valuable service to the City. The Committee recommends $5,000 funding. 11. Epoch: The City received two proposals from EPOCH. The original funding application was received in the required submittal time for $50,000 and a second more detailed proposal for $90,000 was received at a later date. The total proposal budget for next year in both proposals was $486,139. This budget however is based on additional facilities being built and adding programs and staff to accommodate this expansion. Of the total budget $93,200 is requested for the expansion and $85,721 is requested to increase the base budget by 10% for FY 05 plus additional staff. The Committee felt it was unrealistic to expect the expansion project to be completed before the next fiscal year since formal plans have not yet been submitted for City review. In addition we felt a request to increase this year's budget by 10% and add staff was also unrealistic. The Committee reviewed their FY 03-04 budget and felt a reasonable increase of 4-5% could be justified. We also noted that EPOCH has been selected to receive a TDC grant of $10,538 for their kids cultural club in next year's budget year. Funding has been requested to support operating costs for the museum, second phase of the kids cultural club and as previously stated for the expansion. The Committee did not feel comfortable in recommending an increase in funding at this time. We also felt there was some duplication of services being provided by other organizations. The Committee recommends $30,000 funding. 12. Friends of Sandoway House: This organization operates their programs on property the City leases from the County and provides unique programming geared to youth. They reported over 10,000 visitors to the site in the last year. Of this total approximately 75% are Delray Beach residents. The operating budget is only · $113,820 and they receive no other governmental funding. Staff recommendation exceeds the 15% guideline but we felt due to their small budget and funding sources that our contribution should exceed this limit. The Committee recommends $20,000 funding. 3 13. Community Neighbor Helping, Inc.: Funding was requested for programming but was not specific. In addition the application was incomplete. The Committee recommends $-0- funding. 14. Joint Venture (Fireworks): Funding is requested to offset the costs of the fireworks display on the 4th of July. By agreement with the Joint Venture the City is committed to this level of funding through 2005. The Joint Venture is responsible for contracting with the fireworks company, fund-raising and promoting the event. Actual costs for the show, barrage and docking fees is about $70,000. The Committee recommends $40,000 funding. 15. Mae Volen Senior Center: This organization is funding by United Way which increased from last year. They service approximately 2,300 Delray Beach residents of the total of 6,400. Funding is requested to primarily offset costs for the transportation program. They do not have a specific stipend for Delray Beach. Approximately 35% of their budget is spent in Delray Beach. The City of Boca Raton also contributes approximately $30,000 per year to this group. The Committee recommends $6,000 funding. 16. Museum of Lifestyle and Fashion History: Funding has been requested to offset costs for their education exhibits and programs. Although they have developed partnerships with the Library and Community Child Care Center developing programs in storytelling and, arts and crafts the Committee did not feel there was adequate information provided in the application. Missing was performance and visitor information. The Committee recommends $-0- funding. 17. Roots Cultural Festival, Inc.: Although we only received a letter request (not complete application) for funding after the deadline, the Committee felt that due to the long positive history of contributions to the City made by Roots that an exception should be considered. Roots now operate programs about 9 months per year focusing on youth education, and arts and crafts programs as well as their classical series. The programs offered by this group do meet the Commission goal of "Community Unity". Funding was requested to support the organizations operating costs and not the final event weekend. Funds were requested as follows: ~ 50% Office rent and utilities $3,000 ~' 50% Telephone/fax $900 >' 360 hrs. Program Coordinator $9,000 ~ 360 hrs. Marketing/Advertising $9,000 ~ 1,048 hrs. Clerical support $10,480 The Committee felt consideration be given to fund office rent, telephone, and clerical support. The Committee recommends $15,000 funding. 18. The Omega Joshua Generation Counseling Services, Inc.: In addition to submitting an incomplete application the Committee felt the services they proposed to provide are duplicated by other agencies. Funding was requested for equipment to set up a computer lab to offer educational support for youth. The Committee recommends $-0- funding. 19. Palm Beach County School Readiness Coalition, Inc.: This organization took over the programs and responsibilities previously administered by the Palm Beach County School District. Funding is requested to subsidize care for children of the working poor. Most of their funding comes from Federal Funds, but requires a 6% local match. They also however receive funding from Palm Beach County and Children's Services Council which accounts for approximately two thirds of the local match requirement. They propose to assist 169 Delray Beach children and based on the match have requested $47,834. However because other County organizations account for two thirds of the local match the Committee is only recommending funding to offset the other third of the match. The Committee recommends $16,000 funding. 20. Urban League: This organization is funded by United Way and will receive $15,000 from the City's CDBG Program which is an increase from last year's contribution. Funding is requested to augment the costs of a Housing Counselor. They provide assistance to 41 Delray Beach residents. Since CDBG funding has been increased the Committee felt grant funding would be reduced. The Committee recommends $3,000 funding. 21. Wayside Itouse: This is a United Way funded organization. Funds are requested to offset costs for long term substance abuse for indigent females primarily for medical and psychiatrist services. Approximately 80% of their clients are Delray Beach residents. The Committee recommends $5,000 funding. 22. Contingency: The proposed contingency is $26,590 which the Committee felt could be used for training for capacity building for various organizations. Mr. Taylor has been in touch with the Non-Profit Resource Institute at the Community Foundation and has begun discussions on types of training programs that they could provide. File:u:sweencylasmemos Do~:Memo to DTH re Recommendations for Funding FY 05 Budget 5 Suggested Criteria to Review Event and Miscellaneous Grant Requests for FY 04-05 Events in City Commission Budget 1. City sponsored or co-sponsored event or City organization 2. Does the event or function meet one of the strategic plan goals and objectives 3. Does the event bring economic or marketing value to the City 4. Financial need Cultural Facilities/Events 1. Funded by United Way or TDC 2. Do they operate on property or facilities owned by the City 3. Do they attract visitors to the City (non-residents) 4. Do programs provide value to City residents and youth 5. Financial need 6. Management capacity 7. Not fund over 15% operating budget based on national average 8. Economic benefit 9. Tax exempt status Social Service Agencies 1. United Way approved for funding 2. Is service provided to City residents that would not be provided by another organization 3. Financial need 4. Other City funding 5. Benefit to City residents 6. Management capacity 7. 503c(3) status MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~4/l SUBJECT: AGENDA ITEM# ~'~ - REGULAR MEETING OF OCTOBER 5, 2004 CHILDREN'S SERVICES COUNCIL DATE: OCTOBER 1, 2004 This is before Commission to approve the funding agreement with Children's Services Council in the amount of $283,471.00 for the CiD' of Delray Beach Parks and Recreation Department Out of School Program, Day Camps, and Summer Camp Program. Services are provided to 300 children at three (3) sites during the school year. The Out of School Youth Recreation Program will consist of an After School Program, Holiday Camp, Spring Fling, One Day Camps, and 9 weeks of Summer Camp. Recommend approval of the agreement with Children's Services Council. S:\City Clerk\agenda memos\children's services. 10.05.04 DELRAY BEACH ~ 100 N.w. 1st AVENUE - DEL. RAY BEACH, FLORIDA 33444 · 561/243-7000 Nl-~mC~ ~EMO~D~ 1993 2001 TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Children's Services Council DATE: September 29, 2004 We will enroll 300 children at three (3) sites during the school year, with CSC funding the actual attendance which is anticipated to be approximately 250 children. The Out of School Youth Recreation and Enrichment Program will consist of an After School Program, Holiday Camp, Spring Fling, One Day Camps, and 9 weeks of Summer Camp. CSC funding will amount to approximately $283,471. This now needs to go before City Commission for their approval in order to execute our Contract #04-104. Please place this on the October 5, 2004 agenda for City Commission consideration. Joe ~ldon Direck~or of Parks and Recreation Attachment cc: Carolanne Kucmerowski, Agenda Coordinator Alberta Gaum-Rickard, Budget Technician Ref:dhcsc042 {~ Printed on Recycled P~.per THE EFFORT ALWAYS MATTERS AGREEMENT :~. ~' THIS AGREEMENT, entered into as of this October 1,2004, by and between the CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "Council") and City of Delray Beach/Out of School Youth Recreation/Enrichment [- 104] (hereinafter referred to as "Provider"), for the period from October 1,2004 ("Effective Date"), to September 30, 2005. The Council, at its option, may extend the term of this Agreement without reviewing the program hereunder funded as part of a competitive RFP process. The renewal option set forth in this paragraph, however, does not guarantee the Provider that the Council will exercise its renewal option hereunder. Renewal will be determined by the Council, in its sole discretion; this determination will be based in part upon review of the program evaluation and fiscal monitoring of the program. W I T N E S S E T H: In consideration of the mutual agreements hereafter contained, the parties, intending to be legally bound, hereby agree as follows: THIS AGREEMENT has been entered into pursuant to the Council's 2004-05 RFP/Base Application and Provider's response thereto and any addendums accepted by the Council. Those portions of Exhibits A, B, C and D contained herein that differ from the original proposal or application shall be deemed to be addendums thereto and shall control over any inconsistent provision of the original proposal. 1. The Council agrees to reimburse to the Provider sums up to $283,471.00 for provision of services described in the Exhibit "A" (consisting of the Program Evaluation Model) attached hereto and made a part hereof; composite Exhibit "B" (consisting of the Council's Budget Exhibits B1, B2, B3, B4 and B5 submitted through SAMIS by Provider) attached hereto and made a part hereof; Exhibit "C" (consisting of the Budget Summary Form) attached hereto and made a part hereof; and Exhibit "D" (Conditions of Award) attached hereto and made a part hereof. It is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by the Provider shall be provided in compliance with all terms and conditions set forth in the Exhibits "A", "B", "C" and "D" as well as the terms and conditions of this document. 2. The Provider agrees to comply with all applicable federal, state and local laws. 3. The Provider agrees to comply with the following requirements: a. To maintain books, records and documents in accordance with normally accepted accounting procedures and practices, which sufficiently and properly reflect all expenditures of funds provided by the Council under the Agreement. b. To assure that these records shall be available, upon reasonable notice, to inspection, review or audit by the Council and personnel duly authorized by the Council to make such inspection, review or audit. c. To submit, upon completion of this Agreement, a GAO Standard Financial and Compliance Audit ("the Audit"), complete with management letter, within 180 days of the Provider's fiscal year end. In the event that Provider's fiscal year end occurs prior to the completion of the term of this Agreement, Provider will supply the Audit and accompanying management letter for each of the Provider's fiscal years occurring during the term of this Agreement, each such audit and management letter to be provided within 180 days of Provider's fiscal year end. d. To maintain and file with the Council such progress, fiscal, inventory, and other reports as the Council may require during the terms of the Agreement. e. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. f. To acknowledge, to the extent feasible and appropriate, Council funding of the program identified in Exhibit "A" in publications, bulletins, public relations activity, and stationery of Provider. 4. The Provider agrees: a. To retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five (5) years following termination of this Agreement or, if an audit has been initiated and audit findings have not been resolved at the end of the five year period, the records shall be retained until resolution of all audit findings. Provider further agrees that all records, papers, letters, or other documents made or received in conjunction with this Agreement and the provision of services hereunder shall be subject to public access pursuant to the provisions of Chapter 119, Florida Statutes. The provisions of this paragraph shall survive termination of this Agreement, except that public records which are confidential by or otherwise restricted from disclosure by laws, including as required pursuant to the Health Insurance Portability and Accountability Act, 45 CFR, Parts 160 and 164, must be protected from disclosure. b. Persons duly authorized by the Council shall have full access to and the right to examine any of said materials during said period. c. To permit access by persons duly authorized by the Council, upon reasonable notice, to the program(s) funded by the Council hereunder for purposes of monitoring said program(s). d. To report to the Council during the term of this Agreement any threatened or pending litigation brought against the Provider, including a description of the nature of the claims involved, and, upon request, to furnish information regarding the status of such litigation and copies of pleadings filed therein. Contract: 04-104 Page 2 8/30/04 9:31:26 AM Agency: City of Delray Beach/Out of School Youth Recreation/Enrichment [- 104] e. To accurately report to the Council, in a format deemed acceptable by the Council, all revenues received by or for the program funded pursuant to this Agreement, regardless of source. Revenues include, but are not limited to, Medicaid or insurance reimbursement, donations, grants, and program income; i.e., fees paid for services. In the event the Provider fails to properly report all program revenues and the Council subsequently learns that such income was not properly disclosed, the Council reserves the right to reduce the amount to be paid to the Provider by the Council by the amount not disclosed (or, if payment has already been made, to recover said amount), or to terminate this Agreement. f. That those capital items which are to be acquired by the Provider and reimbursed by the Council, shall be subject to the requirements (i) that said items may not be mortgaged, pledged, or hypothecated without the prior written approval of the Council; (ii) that upon termination or earlier cancellation of this Agreement, at the Council's request, unless there is specific notification that this requirement is waived by the Council, the said item(s) shall be (a) returned (with title being transferred) to the Council or the Council's designee, or (b) reimbursed to the Council at book value (determined by the Council); (iii) that said item(s) shall be maintained in operable condition; and (iv) that said item(s) will be insured in case of loss or theft. g. To obtain Council approval for any proposed changes in the program prior to implementation. h. To submit and maintain a current copy of the following on file with the Council: o Certificates of insurance (liability and theft, and auto if capital equipment or vehicle was purchased with Council funds); o License(s) to operate agency/program, if applicable; o Service site(s) Fire Inspection Certificate(s), if applicable; o Service site(s) Health Inspection Certificate(s), if applicable i. To obtain written approval from the Council for any proposed changes in the program budget hereunder prior to implementation. j. The fiscal administration of this Agreement will be pursuant to the Council's "Fiscal Guidelines," a copy of which Provider acknowledges receiving. k. That the following issues or information shall be furnished or resolved within 60 days of execution of this Agreement: o Completion of program evaluation forms/test instruments; o Submission of copy of sales tax exemption certificate or application; o Provider will not begin operation of the program funded hereunder prior to obtaining a binder for provision of general liability insurance coverage. o Submission of copies of all personnel or service provision subcontracts, Contract: 04-104 Page 3 8/30/04 9:31:26 AM Agency: City of Delray Beach/Out of School Youth Recreation/Enrichment [- 104] contracts and/or agreements related to the operation of the program funded hereunder. 5. Provider agrees that, as between the parties to this Agreement, it is solely responsible for operation and management of the program(s) funded hereunder and that the Council has not and will not be involved in any way in such operation and management. To the extent permitted by Florida law, the Provider agrees to indemnify and hold harmless the Council from liability on account of any injuries, damages, omissions, commissions, actions, causes of actions, claims, suits, judgments and damages accruing, including court costs and attorneys' fees (at the trial appellate, post-judgment or bankruptcy procedure level), as a result of services performed or not performed, or any negligent act by the Provider or arising from funding granted or not granted by the Council or any action arising out of the operation of this Agreement. 6. This contract may not be assigned or subcontracted to any other party by the Provider without the prior written approval of the Council. 7. The Provider shall be responsible for providing general liability insurance coverage at a level deemed adequate by the Council, and whatever other insurance coverages are deemed reasonably necessary by the Council, which insurance shall be maintained at all times during the existence of the Agreement and shall name the Council as an "additional insured" there under. Upon execution of this Agreement, the Provider shall furnish the Council with written verification of the existence of such insurance coverage. In the event that the Provider transports children in connection with the program (or any portion thereof) funded by the Council, the Provider shall have general automobile insurance. 8. The Provider shall not use or disclose any information concerning a client served under the Agreement for any purpose not in conformity with federal and state laws and regulations except on written consent of the client, or his responsible parent or guardian when authorized by law. a. The Provider agrees to establish and maintain procedures and controls acceptable to the Council for safeguarding records, so that no information contained in the Provider's records, or obtained from others carrying out the terms of the Agreement, shall be used by or disclosed by the Provider, its agents, officers or employees except as provided by law. b. It shall be the responsibility of the Provider to take all reasonable steps necessary to implement promptiy such procedures and controls in order to protect the privacy of a client receiving services hereunder and in order to assure the maintenance of confidentiality of any medical or other information pertaining to any such client. 9. The Provider shall submit to the Council program data, including client identifiable data and status of program capacity (staff to client/child/family ratio) as deemed essential by the Council. Contract: 04-104 Page 4 8/30/04 9:31:26 AM Agency: City of Delray Beach/Out of School Youth Recreation/Enrichment [- 104] 10. The Provider shall furnish the Council with reports of the effectiveness of the program and include statistics and data on the number of persons served and such other reports and information that the Council may require. Said reports shall be made as requested from the effective date of this Agreement and in a format provided by the Council. 11. The Council has the discretion to decrease the Provider's allocation based upon the program's inability to meet the parameters outlined in the program model and/or the inability to maintain program capacity based upon quarterly reviews. 12. The Provider is performing the services and duties required hereunder as an independent contractor and not as an employee, agent, partner of, or joint venturer with the Council. The Provider shall assume sole and exclusive responsibility for the payment of wages to all employees for services performed by them under this Agreement. The Provider shall, with respect to said employees, be responsible for withholding federal income taxes, paying federal social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. 13. The services provided by the Provider hereunder are provided on a non-exclusive basis, and the Council specifically reserves the right to subcontract with others for similar services. This Agreement shall give no rights to any person or entity who is not a party hereto. 14. Payments for services rendered pursuant to this Agreement shall be made to the Provider monthly on a reimbursement basis. Provider shall submit an invoice to the Council by the 10th day of each month following the month in which the services were provided. The invoice will include documentation reflecting all expenditures made by the Provider under this Agreement, in whatever form reasonably required by Council. Subject to the availability of funds, the Council will provide reimbursement to the Provider within 45 days after receipt of the invoice. Provider shall submit a final invoice to the Council no later than October 31,2005 (with appropriate documentation). The Council will not reimburse Provider for any expenditures made by Provider under this Agreement that are submitted after October 31,2005. 15. The Provider agrees to return to the Council any overpayments made through inadvertence or miscalculation or because payment is disallowed as not having been properly earned under this Agreement. Such funds shall be refunded in full by Provider to the Council as follows: a. within twenty (20) days from the date of written notification by the Council to the Provider of overpayment or disallowance; or b. within thirty (30) days following the end of this Agreement. c. The Council shall have the right to deduct from any subsequent payment request submitted by the Provider, the amount of any overpayments or disallowed funds. Contract: 04-104 Page 5 8/30/04 9:31:26 AM Agency: City of DeFray Beach/Out of School Youth Recreation/Enrichment [- 104] 16. The Council may, for reasonable cause, suspend the payment of funds pending corrective action by the Provider or pending a decision by the Council to terminate this Agreement. The Council may, for reasonable cause, prohibit the Provider from incurring additional obligation of any funds received from the Council, pending corrective action by the Provider or a decision to terminate this Agreement. Said suspension of payment of funds or obligation thereof may apply to all or par[ of the Provider's operations funded by the Council. 17. In the event funds to finance this Agreement become unavailable to the Council, the Council may terminate this Agreement upon no less than five (5) days written notice to the Provider. The Council shall be the final authority as to the availability of funds. 18. Notwithstanding any other provision of this Agreement, the Council may terminate this Agreement for any breach by the Provider. if the Council intends to terminate this Agreement, notice shall be provided in writing to the Provider no less than twenty-four (24) hours prior to the effective date of the termination. The Council's failure to terminate or suspend a Provider for past breaches of this Agreement shall not be construed as a waiver of its right to demand strict compliance with the terms of the Agreement or to terminate for said breaches or similar breaches, and shall not be construed to be a modification of the terms of the Agreement. The Provider may terminate this contract with or without cause provided that Provider shall give sixty (60) days notice in writing to Council. The Council shall reimburse the Provider for all monies expended up to and including the effective date of the termination. 19. Notices: All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: For the Council: Gaetana D. Ebbole, Chief Executive Officer Children's Services Council of Palm Beach County 1919 North Flagler Drive West Palm Beach, FL 33407 For the Provider: Joseph Weldon, Director City of Delray Beach Out of School Youth Recreation/Enrichment [- 104] 50 N.W. First Avenue Delray Beach, FL 33444 20. The Council may assess a charge amounting to five (5%) percent of the Provider's current month's request to the Council for reimbursement for each month that a program is out of compliance with the timely submission of fiscal and programmatic data Contract: 04ol 04 Page 6 8/30/04 9:31:26 AM Agency: City of Delray Beach/Out of School Youth Recreation/Enrichment [- 104] as re~luired by Sections 3c, 9, 10, and 14 of this Agreement. At the discretion of the Program Review Committee a $10.00 per day charge may be added to the 5% charge for items not submitted within 60 days of the original due date. This charge may also apply if the program does not provide the Council with current copies of the following documents: A. Certificates of Insurance B. License(s) to Operate Agency/Program C. Audit D. Other items identified in the Conditions of Award outlined in Exhibit D 21. Notwithstanding anything herein to the contrary, the parties agree that the dollar amount set forth in paragraph 1 above may be reduced in the event that the Council determines that the Provider will not spend the entire amount allocated by September 30th fiscal year end. This determination may be made (a) during the course of reviewing a budget revision submitted by the Provider pursuant to the Council's procedures or (b) based upon the Council's monitoring of Provider's program and its expenditure history'. Before any such reduction becomes final, the Provider will be notified in writing of the proposed action and shall have the opportunity to address the Council's Board regarding the proposed reduction. The decision of the Council's Board on this issue shall be final. If the Council reduces the dollar amount, the Provider may terminate this Agreement upon 24 hours notice. Council shall reimburse Provider for all monies expended up to and including the effective date of the termination. 22. This Agreement, which includes the attached Exhibits A, B, C and D contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. With the possible exception of an adjustment pursuant to paragraph 11 and 21 above, this Agreement shall not be modified unless in writing and signed by both parties hereto. Contract: 04-104 Page 7 8/30/04 9:31:26 AM Agency: City of Delray Beach/Out of School Youth Recreation/Enrichment [- 104] IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their undersigned duly authorized representatives. City of Delray Beach :.:.:.:.:.:.:.:.:.:. BY Date: ~ii I~ .:.:..~:.:.:.:.:.:.: Print Name Print Title Children's Services Council of Palm Beach County BY Date: Gaetana D. Ebbole, Chief Executive Officer Approved as to Form & Legal Sufficiency BY Thomas A. Sheehan, I!1 Attorney for Children's Services Council of Palm Beach County Contract: 04-104 Page 8 8/30/04 9:31:26 AM Agency: City of Delray Beach/Out of School Youth Recreation/Enrichment [- 104] EXHIBIT "A' Program Evaluation Model EXHIBIT "B" 1 - Current & Proposed Operating Expense 2 - Salary & Fringe Preparation 3 - Salary & Fringe Preparation Narrative 4 - Source of Revenue 5 -Source of Revenue Narrative Exhibit B1 OUT OF SCHOOL YOUTH RECREATION/ENRICHMENT [- 104] CURRENT & PROPOSED OPERATING BUDGET (ROUND NUMBERS UP TO THE NEAREST DOLLAR) (1) (2) (3) (4) (5) (6) 03-04 04-05 03-04 04-05 ACCT# TITLE PROG. PROG, % % BUDG. BUDG. CHG, ALLOC. ALLOC. CHG. Salary Accounts: Total Salary: $325,182 $343,063 5% $151,860 $160,210 5% Fringe Accounts: 569.210 FICA $24,876I $26,248I 60/0t $11,617 $12,257 6% 569.220 Retirement Contributions I $1,308 $2,550 95% $611 $1,191 95% I 569.230 Life and Health Insurance J $5,226 $12,654 142% $2,440 $5,909 142% I 569.240 Workers Compensation I $36,108 I $33,110 -8% $16,863 $15,462 -8% I I 569-250 Unemployment CompensationI $560I $562 0% $261 $2620% Total Fringe: $68,078 $75,124 10% $31,792 $35,081 10% Operating Expense Accounts: 600.101 Travel/Transportation $34,533 $37,584 9% $16,127 $17,556 9% 600.102 Conferences/Registration/Travel $1,082 $1,303! 20% $531 $608 15% 600.301 Telephone $1,570 $1,090 { -31% $733 $509 -31% I 600.302 Postage & Shipping [ $150 $100[ -33% $70 $47 -33% I I 600.303 Utilities(Power/Water/Gas) [ $0 $0I 0% $0 $0 0% t I 600.401 Office Supplies $1,500I $1,000[ -33% $701 $467 -33% I I 600.402 Program Supplies $19,495t $18,306I -6% $9,104 $8,549 -6°/0 I I 600.403 Printing $400 $400 0% $187 $187 0% 600.601 Professional Fees $37,220 $51,290 38% $17,382 $23,952 38% Agency: City of Delray Beach Page I Of 2 8/30/04 9:31:26 AM Contract: 04-104 Status: Approved (1) (2) (3) (4) (5) (6) 03-04 04-05 03-04 04-05 ACCT# TITLE PROG. PROG. % % BUDG. BUDG. CHG. ALLOC. ALLOC. CHG. 600.602 Insurance 1512,480 $13,080 5% $5,828 $6,10815% 6oo.6o6 Ouos Subscript,on I 600.6O7 Training & Development I $65O $350 -46% $304 $163 I -46% I 600.600 Sponsored Events $62,604I $50,431I - 19°/o $29,206 $23,551 -19% I t 600.610 Payments to Affiliated Organizations $3,725{ $3,440[ -8% $1,740 $1,606 -8% 600.611 Miscellaneous $4,550 I $6,234I 37% $2,125 $2,911 37% I 6O0.201 Building Space/Rent I $0 $0J 0% $0 $O0% 600.501 Food Service I $1,420 $1,180I -17% $663 $551 -17% I I Total Operating Expense: $195,740 $200,818 2% $91,565 $88,180 -4% Total Program Expenses: $590,000 $619,005 5% $275,215 $283,471 3% Agency: City of Delray Beach Page 2 Of 2 8/30/04 9:31:26 AM Contract: 04-104 Status:Approved Exhibit B2 OUT OF SCHOOL YOUTH RECREATION/ENRICHMENT [- 104] SALARY AND FRINGE PREPARATION FISCAL YEAR 04-05 Gross Salary In Fringe In Request For Request For Salary Position Employee % Time Salary Program Program Salary Fringe Funding % In 04-05 04-05 04-05 04-05 04-05 Director -Rec Sup III Smith 100% $36,370 $36,370 $2,783 $16,985 $1,299 46.70% Insurance IRec Leader II (6) Summer/Various I 100%I $22,054 $22,054 $1,600 $10,299 $788 46.70% I RecLeadertll (9) :Various I 100% [ $70,826 $70,826 $5,418 $33,076 $2,530 46.70% Retirement New I 0% I $0 $0 $2,550 $0 $1,191 0.00% Staff Assistant II Patrick, Priscilla I 100% I $24,~0 $24,900 $1,905 $11,628 $8~ 46.70% ency: City of Delray Beach Page I Of 2 8/30/04 9:31:26 AM t;ontract: 04-104 Status: Approved Gross Salary In Fringe In Request For Request For Salary Position Employee % Time Salary Program Program Salary Fringe Funding % In 04-*05 04-05 04-05 04-05 04-05 I Unemployment New 0% $0 $0 $562 $0 $262 0.00% 3mpensation Compensation TOTALS t $343,063 $343,063 ] $75,124 $160,210 $35,081 46.70% ] ?ency: · City of Delray Beach Page 2 Of 2 8/30/04 9:31:26 AM Contract: 04-104 Status:Approved Exhibit B3 OUT OF SCHOOL YOUTH RECREATION/ENRICHMENT [- 104] SALARY AND FRINGE PREPARATION NARRATIVE FISCAL YEAR 04-05 DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED Agency: City of Delray Beach Page I Of 11 8/30/04 9:31:26 AM Contract: 04-104 Status:Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED ;9.120 Regular Salaries and $343,063 5% Wages 8/2_/2004 5/13/2004 5/13/2004 5/13/2004 Funding requested from CSC is 46.7% of the total salaries including benefits. a. There are 59 positions in the Out of School Enrichment Program. b. The program positions increased from fiscal year 2003-2004 due to the 3% increase for the City of Delray Beach and incentive increases for long term part-time employees, positions. c. No positions are in-kind. d. N/A e. CSC supports 46.7% of all positions f. No POSITIONS FUNDED BY CSC (1)Director ($36,370 x 46.7% = $16,985/26pp = $653.26 CSC funds) (1)Staff Assitant II - Full Time ($24,900 x 46.7%=$11,628/26pp-$447.24 CSC funds) (3) Rec. Super II ($13.84/hr x 25hrs x 40wks x 3 = $41,520) ($41,520 x 46.7% = $19,389.84 CSC funds) ($19,389.84/20pp = $969.49pp) (9)Recreation Leader III ($10.93/hr x 20hfs x 36wks x 9 = $70,826.40) ($70,826.40 x 46.7% = $33,075.92 CSC funds) ($33,075.92/18pp = $1,837.55pp) (6)Recreation Leaders !1 ($10.21/hr x 20hrs x 36wks x 6 = $44,107.20) ($44,107.20 x 46.7% = $20,598.06 CSC funds) ($20,598.06/18pp = $1,144.34pp) Holiday/Spring Break Camp/One Day Camp (12)Recreation Leader ($10.93/hr x 40hfs x 3wks x 12 = $15,739.20) ($15,739.20 x 46.7% = $7,350.21 CSC funds) ($7,350.21/1.5pp = $4,900.14pp) Summer Camp Program (3)Recreation Super 11 ($13.84/hr x 40hfs x 9wks x 3 = $14,947.20) ($14,947.20 x 46.7% = $6,980.34 CSC funds) ($6,980.34/4.5 = $1,551.19pp) (6)Recreation Super I ($11.59/hr x 40hrs x 9wks x 6 = $25,034.40) ($25,034.40 x 46.7% = $11,691.07 CSC funds) ($11,691.07/4.5pp = $2,598.02pp) (12)Recreation Leader III ($10.93/hr x 40hrs x 9wks x 12 = $47,217.60) ($47,217.60 x 46.7% = $22,050.62 CSC funds) ($22,050.62/4.5pp = $4,900.14pp) (6)Recreation Leader II ($10.21/hr x 40hrs x 9wks x 6 = $22,053.60) ($22,053.60 x 46.7% = $10,299.03 CSC funds) ($10,299.03/4.5pp = $2,288.67pp) Agency: City of Delray Beach Page 2 Of 11 8/30/04 9:31:26 AM Contract: 04-104 Status: Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED case the bus is late returning to the center or if a parent is late picking up their child. Recreation Super I ($17.39/hr x 20hfs x 1 = $347.80) ($347.80 x 46.7% = $162.42 CSC fund Retirement, Life, Health, and Disability Insurance are allocated for Recreation Supervisor Ill-Out of School Director and the Staff Assistant II. Workers Compensation and Unemployment Compensation for all positions. Total Agency Salary: $343,063 Total Requested from CSC: $160,210.26 569.210 FICA $26,248 5/13/2004 09/04/2003 07/23/2003 Fica - .0765 ($160,210.26 x .0765 = $12,256.09 CSC funds) 569.220 Retirement $2,550 95% Contributions 8/2/2004 8/2/2004 8/2/2004 5/13/2004 09/04/2003 07/23/2003 46.7% of Retirement requested for Out of School Enrichment Program Director totaling. Agencies percentage rate is 7.01%. $36,370 x 7.01% = $2,549.54 $2,550 x 46.7% = $1,190.85/12mos. = $99.24 569.230 Life and Health $12,654 142% Insurance 5/13/2004 5/13/2004 Two full-time employees-Director and Staff Assistant: Life Insurance: $190.00+$120.00=-$310.00 Disability Insurance: $230.00+$160.00=$390.00 Health Insurance: $5,930.00+$5,930.00--$11,860.00 Employee Assistance Program: $47.04+$47.04=$94.08 Total: $12,654.08 x 46.7% = $5,909.46/12 months = $492.46 Agency: City of Delray Beach Page 3 Of 11 8/30/04 9:31:26 AM Contract: 04-104 Status:Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED ,.240 Workers Compensation $33,110 -8% 8/2/2004 5/13/2004 07/23/2003 Requesting 46.7% of total workers compensation for 59 personnel. Staff Assistant II - Rate .62 per $100 of salary ($24,900/$100 x $.62 = $154.38) Director and all Recreation Supervisors/Leaders - Rate $10.37 per $100 of salary excluding salary for overtime pay. ($317,800/$100 x. $10.37 = $32,955.86) $154.38 + $32,955.86 = $33,110.24 x 46.7% = $15,462/48 569.250 Unemployment $562 0% Compensation 5/13/2004 09/04/2003 07/23/2003 07/23/2003 Unemployment Compensation: Director of Out of School Program and Staff Assistant II $43.20 x 2 = $86.40 x 48.7% = $40.35 Part-time employees - FTE is 11.01 x $43.20 = $475.63 x 46.7% = $222.12 Total Unemployment Compensation: $261.48 Agency: City of Delray Beach Page 4 Of 11 8/30/04 9:31:26 AM Contract: 04-104 Status: Approved l DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED '~Jr'ERATING EXPENSE BUDGET NARRATIVE 600.101 Travel/Transportation $37,584 9% 8/4/2004 8/4/2004 5/13/2004 Director, Accounting Assistant, Staff Assistant and Recreation Supervisorrs: 37.5 miles/wk x 52 wks =1,950 miles x .32 = $624.00 x 46.7% = $291.41. (CSC avg. monthly cost = $291.41/12mos.=$24.29) Bus Rental for the Holiday Camp and Spring Break:(3 Sites) $60/hr x 8 hrs x 2 days x 3 wks x 3 buses = $8,640.00 x 46.7% = $4,034.88 CSC cost is allocated over the 3 weeks for camps. Bus Rental for Summer Camp (3 Sites) $60/hr x 8 hrs x 2 days x 9 wks x 3 sites = $25,920 x 46.7% = $12,104.64 CSC cost is allocated over the 9 weeks of summer camp. 4 Buses to the Palm Beach County Sports and Fitness Festival at the South Florida Fairgrounds: (3 Sites) $60/hr x 10hfs x 4 buses = $2,400 x 46.7% = $1,120.80 CSC cost is for the one day. Total Travel Expenses = $37,564.00 CSC Funds $17,551.73 Original Budget Calculation =(1,950' .32)+(60'48'3)+(60'144*3)+(60* 10' 4) 600.102 Conferences/Registratio $1,303 20% n/Travel 8/3/2004 8/3/2004 8/2/2004 5/13/2004 07/28/2003 Florida Institute of Government (2 classes) Lunch: 2 x $6.00/ea = $12.00 (100% reimbursement based on CSC rates) Registration: 2 classes x $60.00/ea = $120.00 x 46.7% = $56.04 CSC funds. National School Age Care Alliance Conference (Feb 24th thru Feb 26th, 2005) Breakfast: 3 x $3.00 = $9.00 Lunch: 4 x $6.00 = $24.00 Dinner: 4 x $12.00 = $48.00 (100% of meal reimbursement based on CSC rates) Lodging: 4 x $120.00 = $480.00 x 46.7% = $224.16 CSC funds. Registration: $210.00 x 46.7% = $98.07 CSC funds. A[rfare: $400.00 x 46.7% = $186.80 CSC funds. CSC Funds: $632.32 Original Budget Calculation = 12+81 +120+480+210+400 Agency: City of Delray Beach Page 5 Of 11 8/30/049:31:26AM Contract: 04-104 Status: Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ INCREASE/DECREASE OR OTHER DECREASE ACCOUNT # ACCOUNT NAME EXPLANATION AS NEEDED ,0.301 Telephone $1,090 -31% 8/3/2004 8/3/2004 8/3/2004 5/13/2004 Telephone - 2 land line - $200.00 x 46.7% = $93.40 Cell phone- Out of School Director - $370.00 x 46.7% = $172.79 Rec. Supervisor - $520.00 x 46.7% = $242.84 CSC funds $511.37/12 = $42.62 monthly cost. Original Budget Calculation =200+370+520 600.302 Postage & Shipping $100 -33% 5/13/2004 Ma~ out letters and flyers for 300 children $100.00 x 46.7% = $46.70 CSC funds Original Budget Calculation = 100 600.303 Utilities $0 0% (Power/Water/Gas) Original Budget Calculation =0+0 600.401 Office Supplies $1,000 -33% 5/13/2004 5/t 3/2004 White out, glue sticks, planners, calendars, pens, pencils, clips manila envelopes, folders, counterfeit detector pens, toner cartridges, copier paper, colored paper, logo letterhead paper, envelopes, stationery and colord legal size paper for newsletters. $1,000 x 46.7% = $467.00 CSC funds Original Budget Calculation =1000 Agency: City of Delray Beach Page 6 Of 11 8/30/04 9:31:26 AM Contract: 04-104 Status: Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 3.402 Program Supplies $18,306 -6% 8/3/2004 8/3/2004 5/14/2004 5/14/2004 5/13/2004 Program Supplies: Sports Equipment, balls, bats, and mits, game boards, arts and craft projects, educational supplies, book, materials, certificates, diplomas, awards, decorations and coolers. $8,371.00 x 46.7% = $3,909.26 CSC funds. (CSC avg. monthly cost $3,909.26/12 = $325.77) Uniforms: Staff Shirts: After School - 3 shirts x 20 staff x $10.00 = $600.00 Summer Camp - 3 shirts x 27 staff x $5.00 = $4O5.OO ($600 + $405 = $1,005 x 46.7% = $469.34 CSC funds) Summer Camp Program: Children will receive 3 t-shirts and one back pak. ($7,500 x 46.7% = $3,502.50 CSC funds.) Boy Scout Uniforms for three sites: $22.00 x 50 shirts - $1,100.00 $4.40 x 50 neckemhiefs = $220.00 $2.20 x 50 neckemhief clips = $110.00 ($1100 + $220 + $1 I0 = $1,430.00 x 46.7% = $667.81 CSC funds) Original Budget Calculation =8371 +1005+7500+1430 600.403 Printing $400 0% 5/1 3/2004 Out of School program manuals, program brochures and application forms. Items are purchased in bulk and at intervals during the year. $400.00 x 46.7% = $186.80 Original Budget Calculation =400 Agency: City of Delray Beach Page 7 Of 11 8/30/04 9:31.'26 AM Contract: 04-104 Status:Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED J0.601 Professional Fees $51,290 38% 8/3/2004 8/3/2004 5/13/2004 5/13/2004 07/23/2003 Professional Fees: Golf Instruction by Certified Instructors (300 lessons x $2.50/students x 8 sessions = $6,000) Soccer Instruction by Certified Instructors (3 sites x 2hr/session x $20/hr x 18 wks = $2,160) Tennis Instruction by Certified Instructors (2sites x 2hr/session x $15/hr x 18 wks = $1,080) Tutorial/Homework assistance/Computer Instructions (2 instructors x 3 sites x 6hrs x $20/wk x 36weeks = $25,920) Total cost = $35,160 x 46.7% = $16,419.72 (CSC avg. cost for 10 months - $16,419.72/10 = $1,641.97 or 46.7%) Special Assistance to Individuals: Professional fees for special assistance, reserved for children with special needs. Summer camp and three weeks of Holiday camps: 12 wks x $11.28/hr x 40 hrs = $5,414.40 Out of School Program: 38 wks x $11.28/hr x 25 hrs = $10,716.00 $16,130 x 46.7% = $7,532.71 CSC funds. Original Budget Calculation =6,000+2,160+1,080+25,920+16,130 600.602 Insurance $13,080 5% 5/13/2004 Insurance: General Liability = $12,600 NRPA Non-Alhlefic Participant Insurance $1.15 x 300/students = $345.00 Paid annually Cub Scout Insurance and Liability for 75 participants $1~00 x 75 participants = $75.00 3 cub scout sites at $20/ea = $60.00 Paid annually Total Cost = $13,080.00 x 46.7% = $6,108.36 (CSC funds $509.03 x 12 = $6,108.36) Original Budget Calculation =12,600+345+75+60 600.603 Building Maintenance $0 0% Original Budget Calculation Agency: City of Delray Beach Page 8 Of 11 8/30/04 9:31:26 AM Contract: 04-104 Status: Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED J.604 Equipment $2,000 4% Rental/Maintenance 5/13/2004 5/13/2004 Equipment Rental/Maintenance Rental of Copier Machine - $1,250.00 Maintenance for new Telephone System = $400.00 Annual upgrades for Rectrac system = $350.00 Total cost = $2,000.00 x 46.7% = $934.00 ($934.00/12mos. = $77.83 CSC funds) Original Budget Calculation =1250+400+350 600.605 Specific Assistance to $12,000 0% Individuals 8/3/2004 8/3/2004 5/13/2004 5/13/2004 ADA Services, Special needs recreation program. The rental of handicap equipment is contingent upon the enrollment of a child in the Out of School Program who would need special equipment to attend the program. Rental of handicapped van. $10,000 Adaptive equipment $2,000 Original Budget Calculation =12,000 600.606 Dues & Subscription $1,030 -28% 5/13/2004 Dues & Subscription: Florida School-Age Childcare Coalition membership = $100.00 National School-Age Care Alliance = $100.00 Membership for Cub Scouts = 75 x $10/per child = $750.00 Cub Scout Committe = 8 adults x $10 = $80.00 Total Cost = $1,030.00 x 46.7% = $481.01 CSC funds ($481.01/12mos. = $40.09 CSC funds) Original Budget Calculation =100+100+750+80 600.607 Training & Development $350 -46% 5/13/2004 Training & Development: Monthly on-site training includes AED/CPR training: $350 x 46.7% = $163.45. (CSC avg. monthly cost $163.45/12 = $13.62 or 46.7%) Original Budget Calculation =350 600.608 Awards & Grants $0 0% Original Budget Calculation Agency: City of Delray Beach Page 9 Of 11 8i30/04 9:31:26 AM Contract: 04-104 Status:Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED .609 Sponsored Events $50,431 -19% 5/13~2004 5/13/2004 Sponsored Events: Lion Country Safari, Metro Zoo, Boomers, Coconut Creek Park, Movies, and in-house contractual vendors such as Plaster Castle, Cudous George-animals, Bounce houses, and additional activities for summer camp, Holiday camp, Spring Fling and one day camps. $50,031 Disc Jockey for special events. $400.00 Total Cost = $50,431.00 x 46.7% = $23,551.28 CSC funds. Original Budget Calculation --50,031 +400 600.610 Payments to Affiliated $3,440 -8% Organizations 5/13/2004 Payments to Affiliated Organization: Child care licenses for 3 sites = $1,440 Unified Youth Sports Festival fees = 200 participants x $10 = $2,000.00 Total Cost = $3,440.00 x 46.7% = $1,606.48 CSC funds. Original Budget Calculation =1,440+2,000 600.611 Miscellaneous $6,234 37% 5/13/2004 Miscellaneous Medical: New hire physicals, drug screening and TB/Tine test: 20 x $190.00 = $3,800 Physicals for staff with two years service: 10 x $190.00 = $1,900 Finger print check for new hires: 12 x $32.00 = $384.00 Advertising: $150.00 Total cost = $6,234.00 x 46.7% = $2,911.28 CSC funds. (CSC avg. monthly cost $2,911.28/12 = $242.61 or 46.7%) Original Budget Calculation --5700+384+150 Agency: City of Delray Beach Page 10 Of 11 8/30/04 9:31:26 AM Contract: 04-104 Status: Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED .201 Building Space/Rent $0 0% Original Budget Calculation 600.501 Food Service $1,180 -17% 5/13/2004 5/13/2004 Refreshments for special events linking parents with children and staff: $100 x 4 months = $400.00 x 46.7% = $186.80 CSC funds. Advisory Board Refreshments: $30 x 6 months = $180.00 x 46.7% = $84.06 CSC funds. Staff Training Refreshments: $75.00 x 8 months = $600.00 x 46.7% = $280.20 CSC funds. CSC funds $551.06 Original Budget Calculation =400+180+600 600.701 Indirect Cost $0 0% Original Budget Calculation 600.801 Capital Expenses 07/23/2003 07/23/2003 07/23/2003 07/23/2003 $0 0% (Equipment) Original Budget Calculation =0 Agency: City of Delray Beach Page 11 Of 11 8/30/04 9:31:26 AM Contract: 04-104 Status:Approved Exhibit B4 Out of School Youth Recreation/Enrichment [- 104] SOURCES OF REVENUE 02.03 03-04 03-04 03-04 04-05 04-05 04-05 Percent Funder Type/Funder Total Budget Amend Total Budget Amend Total Increase/ Decrease Government City of Delray Beach $265,476 $281,036 $0 $281,036 $304,026 $0 $304,026 8% $265,476 $281,036 $0 $281,036 $304,026 $0 $304,026 8% Non-CSC Participant Fees $4,500 $33,749 $0 $33,749 $31,508 $0 $31,508 -7% $4,500 $33,749 $0 $33,749 $31,508 $0 $31,508 -7% Other Other $63,360 $0 $0 $0 $0 $0 $0 0% $63,360 $0 $0 $0 $0 $0 $0 0% Grand Total $333,336 $314,785 $0 $314,785 $335,534 $0 $335,534 7% FY 04-05 Totals Total Program Revenue $619,005 Total Program Budget $619,005 ~erence $0 ~ency: CitY of Delray Beach Page I Of I 8/30/04 9:31:26 AM ;ntract: 04-104 Status:Approved Exhibit B5 Out of School Youth Recreation/Enrichment [- 104] SOURCES OF REVENUE NARRATIVE Funder Type/Funder FY 04-05 Total Narrative Government City of Delray Beach $304,026 Total agency budget $619,005 which CSC will fund 46.7% x $607,005 = $283.467 Non-CSC Participant Fees $31,508 Based on sliding scale fee of $8, $16, and $24. Agency: City of Delray Beach Page 1 Of I 8/30104 9:31:26 AM Contract: 04-104 Status: Approved EXHIBIT "C" Budget Summary Form BU[ GET SUMMARY FORM 2004-2005 Base Application Agency Funded Agency Name: City of Detray Beach by CSC Since: 1988 Program Funded Program Name: Parks & Recreation Out-of-School Youth by CSC Since: 1988-89 Recreation/Enrichment Total Clients (Program) Select 1 Capacity Children 300 Families: Employees Funded by CSC (FTE) 11.1 BUDGET BUDGET CHANGE CHANGE PROGRAM CSC Funds I $ 275,215.00I $283,471.00158,256.00 i 3.0% Total Program Budget $ 590,000.00 $ 619,005.00 $ 29,005.00 4.9% CSC % of Program Budget 47% 46% AGENCY TotalAgency Budget $ 6,560,000.00 $ 6,860,448.00 $ 300,448.00 4.6% Total CSC Funds (Agency) $ 275,215.00 $ 283,471.00 $ 8,256.00 3.0% CSC % of Agency Budget 4.20% 4.1% CSC Cost per Client $ 944.90 (Capacity, Children, Family) Instructions 1 Complete agency and program name and indicate date when CSC first funded each. 2 Give number of clients to be served by the CSC funded program by selecting only one of either capacity or children or families. 3 Complete FTE's funded by CSC by adding percent of funded positions (whole or part) as noted in column 8 of Form A-1. Note 100% = I FTE. 4 Complete other fiscal information for your program and agency giving comparison with previous year, dollar change and percentage change. 5 Leave section "For CSC Use Only" blank Conditions of Award CONTRACT: 04-104 AGENCY: City of Delray Beach PROGRAM: Parks & Recreation Out-of-School Youth Recreation/Enrichment CONDITIONS OF AWARD I. PROGRAMMATIC A. Issues or information to be furnished or resolved within sixty (60) days of execution of contract: N/A B. Conditions to be obServed throughout contract: 1. The program is to serve children and youth of Palm Beach County in the numbers and ages, and at the times specified in the program model. 2. A designated Provider representative(s) must attend and participate in all app..ropriate scheduled provider meetings held by the Council. 3. Representatives of all programs receiving funding through the Council will attend monthly meetings of the Palm Beach County Out-of-School Consortium. 4. All staff funded through the Council who have direct contact with children must complete ten (10) hours of annual in-service training in developmentally appropriate practices. This training is not inclusive of First Aid and CPR courses. 5. Providers receiving funding from the Council will have a disaster/evacuation plan in place to protect staff, and property, and to ensure the program's ability to continue essential functions for the community. 6. Programs funded through the Council will make every effort to obtain staff with the cultural competence and language skills necessary to work successfully in the community with the population being served. 7. All staff working in Council funded programs will follow the child abuse requirements under Florida law. 8. All programs must participate in training concerning special needs children as offered through the Inclusion Project. 9. The program must be licensed by the Department of Health, in the process of obtaining licensure, or exempt from such licensure, if exempt, documentation of the exemption must be presented by the Provider. Programs will continue to meet these licensing standards through Department of Health inspections and monitoring. 10. Volunteers/mentors, utilized in appropriate roles, must be screened, trained and receive regular, ongoing supervision by qualified professionals as mandated in the Palm Beach County Child Care Rules and Regulations. 11. Directors of programs are responsible for submitting monthly reports to the appropriate program specialist or designee by the date specified. (i.e., monthly utilization reports and monthly calendars for the next month by the fifth of every month.) CSC_DOCS4/17724-vl-104__COA_City_of._Delray_Bcach_Parks & Rec 04-05.DOC CONTRACT: 04-104 AGENCY: City of Delray Beach PROGRAM: Parks & Recreation Out-of-School Youth Recreation/Enrichment 12. The Provider and staff of Out-of-School (OOS) programs for elementary and middle school age children will participate in literacy program development and training as offered through a collaborative between the Council and the Literacy Coalition. 13. To encourage parents to be responsible partners, the Provider agrees to require a sliding fee scale to be on file at the Council for services offered in the out-of-school program according to one or more of the following standards~ a. PBC School Readiness Coalition Subsidized Child Care Parent Fee Schedule, or, b. PBC SChool Readiness Parent Fee Schedule with modifications to the daily rate, which are approved in writing by the Council staff, or; c. A sliding fee scale in a format approved, in writing, by the'Council staff. 14. if any fees are generated by the Council's funded program in excess of the amount budgeted, the Provider will notify the Council staff of the excess revenues and plans to expend such fees. The Provider agrees to prioritize the use of excess fees in the following order:. a. Increase the number of clients attending the program within licensed capacity; b. Purchase those items which would be considered "enhancements" to the service being provided in order to improve the quality of the program; c. Reduce the Council's funding by the amount of the excess fees received. 15. At least one (1) adult on location or site must hold a current first aid certification evidenced by a valid card in a Red Cross standard first aid course or a comparable course, and at least one adult must hold current certification evidenced by a valid card in child and adult cardiopulmonary resuscitation. At least one (1) adult with each or both qualifications shall be present at all times that children are in the care of the program whether such children are on site, on a field trip, or being transPorted. CSC_DOCS-~17724-vI-104_COA_City_of_Delray_Beach_Parks & R¢c 04-05.DOC CONTRACT: 04-104 AGENCY: City of Delray Beach PROGRAM: Parks & Recreation Out-of-School Youth Recreation/Enrichment I1. FISCAL A. Issues or information to be furnished or resolved within sixty (60) days of execution of contract. N/A B. Conditions to be observed throughout contract. 1. The provider agrees to notify CSC of any anticipated cash shortages within 24 hours of receipt of that information. 2. If any fees are generated by the Council's funded program in excess of the amount budgeted, the Provider will notify the Council staff of the excess revenues and plans to expend such fees. The Provider agrees to prioritize the use of excess fees in the following order: a. Increase the number of clients attending the program within licensed capacity. b. Purchase those items which would be considered ~enhancements" to the service being provided in order to improve the quality of the program. c. Reduce the Council's funding by the amount of the excess fees received. 3. All fees generated by the Council funded program will be recorded in a separate revenue account. CSC_DOCS4/17724-vt-104_COA_City._of_D~lray_Bcach_Parks & R¢c 04-05.DOC Contract No: 04- 'i04 Agency: City of Delray Beach - Parks & Recreation Program: Out-of-School Youth Recreation/Enrichment II!. ADMINISTRATIVE The following special conditions are to be observed throughout the contract: 1. Provider agrees to vedfy and submit updated information twice yeady to the community health and human services agency/program database managed by The Center for Information and Crisis Services. Date: Sept. 29, 2004 AGENDA I;I'EMNUMBER:~-~-- AGENDA REQUEST Request to be placed on: Consent Agenda x Regular Agenda Workshop Agenda Special Agenda When: October 5, 2004 Description of Agenda Item (who, what, where, how much): Request approval of Agreement with Child~ren's Services Council which provides for reimbursement to the City of Delray Beach up to $283,471 for the Parks and Recreation Out of. School Program, and Mayor's signature on two original Agreements. Department Hea~ _ I'~ C)(~ ~ Signature: ~~~ ~ City Attorney Rev~w/Recornmendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Av~lable: Yes / No Initi~s: Account Number Description Account Balance: Funding ~ternatives: (if app~cable) City Manager Review: Approved for Agenda: ~ No InitiMs: ~ Hold Until: Agenda Coordinator Review: Received: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~/~l//~ FROM: SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF OCTOBER 5. 2004 GRAN'r AWARD FOR HOUSING REHABILITATION CONTRACT DATE: OCTOBER 1, 2004 This is before the Commission to consider approval of the following housing rehabilitation contracts: · $24,675.00 to Tommy Preston for 820 S.W. 3rd Court · $20,973.75 to Tommy Preston for 126 S.W. 11th Avenue Funding for the total amount of $45,648.75 for these grants is available from 118-1963-554-49.19 (Community Development Block Grant (CDBG) Program/Housing Rehabilitation) and 118-1924- 554-49.19 (State Housing Initiatives Partnership (SHIP) Program/Housing Rehabilitation). Recommend approval of the housing rehabilitation grant/contract awards as outlined above. S:\City Clerk\agenda memos\CDBG Housing Rehab Award. 10.05.04 MEMORANDUM TO: David Harden, City Manager FROM: Ferline F. mesidort, C.D. Specialist~L~,~} ~ THRU: Kendra W. Graham, C. D. Administrator ¥ - Lula Butler, Community Improvement Director DATE: September 29, 2004 SUBJECT: Community Development Division Housing Rehabilitation Grant Award ITEM BEFORE THE COMMISSION Approval is requested for two (2) Housing Rehabilitation grant awards to the lowest responsive bidder(s). This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. 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 Community Development Division Office. The Community Development Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsible bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsible 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. This policy further assists the Division with its goals of completing each rehabilitation activity utilizing the estimated amount of funding required. RECOMMENDATION Staff recommends awarding the bid for two (2) Housing Rehabilitation projects to the verified responsible low bidder(s) and authorize awards in the following amount: Case Number Address Contractor Grant Amount 04-013 820 SW 3rd Court I Tommy Preston 124,675.00 03-008 126 SW 11th Avenue ITommy Preston I 20,973.75 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2004-47 APPLICANT: JL & Mary Amerson PROJECT ADDRESS: 820 SW 3rd Court DATE OF BID LETTERS: Aug. 19, 2004 DATE OF BID OPENING: Sept. 2, 2004 NAME OF CONTRACTORS AMOUNT OF BIDS Abisset Corporat!on Alpha South Construction Cordoba Construction Co., Inc. Craftsman Plus, Inc. Do All Contracting Services, Inc. E.S. Cummings Construction Co. Henry L. Haywood L. Robinson Construction Corp. P & Z Construction Inc. Paul Hensel Construction Solutions Remodeling & Design Services, Inc, South Florida Construction Sun Band Builders Construction $ 28,235.00 Tommy Preston $ 23,500.00 Horizon Roofing Petito Roofing Roofing Team Inc. Wrights Way Roofing In-House Estimate $ 22,247.00 CONTRACTOR AWARDED CONTRACT: [ Tommy Preston BID/CONTRACTAMOUNT $23,500.00 $ 1,175.00 $24,675.00 5% Contingency FUNDING SOURCE: Community Development Block Grant Account No. 118-1963-554-49.19 COMMENTS: Lowest bidder within in-house range CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2004-46 APPLICANT: Constance Dent PROJECT ADDRESS: 126 SW 1 lth Avenue DATE OF BID LETTERS: Aus. 19, 2004 DATE OF BID OPENING: Sept. 2, 2004 NAME OF CONTRACTORS AMOUNT OF BIDS Abisset Corporation Alpha South Construction Cordoba Construction Co., Inc. Craftsman Plus, Inc. Do All Contracting Services, Inc. E.S. Cummings Construction Co. Henry L. Haywood L. Robinson Construction Corp. P & Z Construction Inc. Paul Hensel Construction Solutions Remodeling & Design Services, Inc, South Florida Construction Sun Band Builders Construction $ 23,215.00 Tommy Preston $19,975.00 Horizon Roofing Petito Roofing Roofing Team Inc. Wrights Way Roofing In-House Estimate $19,563.00 CONTRACTOR AWARDED CONTRACT: I Tommy Preston BID/CONTRACT AMOUNT: $19,975.00 $998.75 $20,973.75 5% Contingency FUNDING SOURCE: State Housing Initiatives Partnership Program Account # 118-1924-554-49.19 COMMENTS: Agenda Item No.: <~C~ AGENDA REQUEST Request to be placed on: Date: September 29, 2004 X Regular Agenda Special Agenda Workshop Agenda Consent Agenda When: October 5, 2004 Description of item: (who, what, where, how much): Case Number Address Contractor Grant Amount 04-013 820 SW 3rd Court [ Tommy Preston 24,675.00 03-008 126 SW 11th Avenue I Tommy Preston 20,973.75 ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO Recommendation: Staff recommends approval of one (1) Community Development Block Grant (CDBG) Housing Rehabilitation Grant and one (1) State Housing Initiatives Partnership (SHIP) Grant in the amount listed above for a total award of $ 45,648.75. CDBG Total: $ 24,675.00 Account Number: 118-1963-554.49.19 SHIP Total: $ 20,973.75 Account Number: 118-1924-554-49.19 Department Head Signature: ~ City Attorney Review/Recommendation (if applicable):. Budget Director Review (required on all items involving expenditure of funds): Funding Available: (7'/~E~O ~ Funding Alternatives.?~ (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'I SUBJECT: AGENDA ITEM # <~ ~r~ - REGULAR MEETING OCTOBER 5, 2004 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: OCTOBER 1, 2004 Attached is the Report of Appealable Land Use Items for the period September 20, 2004 through October 1, 2004. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\City Clerk\agenda memos\apagrnem. 10.05.04 TO: DAVID~~N~AGER THRU: PAUL EIORLING, DIREC~'0/R OF PLANNING AND ZONING FROM: JASMIN A~.-EN-, ~AN(N~//R /~,'~,'"~, /~~~ SUBJECT: MEETING OF OCTOBER 5, 2004 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 20, 2004 THRU OCTOBER 1, 2004 ! The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of September 20, 2004 through October 1, 2004. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board have been forwarded to the City Commission for action. · The Board on a 7 to 0 vote issued a statement of consistency of the proposed Capital Improvement Plan (CIP) with the Comprehensive Plan. · Recommended (7 to 0) that the City Commission approve the application for the FRDAP grant for playground equipment for Miller Park. 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. · Recommended approval (4 to 0, Charles Walker, Jillian Morris and Diane Borchardt absent), of a Future Land Use Map amendment from TRN (Transitional) in part, MD (Medium Density Residential 5-12 du/ac) in part and OS-C (Open Space-Conservation)in part to OS-C (Open Space-Conservation) and rezoning from POD (Professional Office District) in part, RM (Medium Density Residential) in part and CD (Conservation) in part to City Commission Documentation Appealable Items Meeting of October 5, 2004 Page 2 OS (Open Space) for a parcel of land to be known as Intracoastal Park, located on the east side of South Federal Highway, approximately 600 feet south of SE 10th Street; and Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5-12 du/ac) and rezoning from POD (Professional Office District) to RM (Medium Density Residential) for a portion of the Delray Harbor Club Condominium development, located on the east side of South Federal Highway immediately north of the proposed Intracoastal Park property. · Recommended approval (4 to 0), of an abandonment of right-of-way of Tract "A" The Corniche Replat 1, located on the east side of U.S. Highway No 1, approximately 900 feet south of SE 10th Street. · Recommended denial (4 to 0), of a privately initiated amendment to the Land Development Regulations Section 4.4.24 "Old School Square Historic Arts District" (OSSHAD), Subsection 4.4.24(B), "Principal Uses and Structures" to include additional properties that are allowed the permitted uses of the CBD zoning district; amending Subsection 4.4.24(F), "Development Standards", to include additional properties in the OSSHAD district that are subject to the development standards of the CBD zoning district. · Recommended approval (4 to 0), of a City initiated amendment to the Land Development Regulations Appendix "A" to provide a definition of "Adult Gaming Center", "Coin-Operated Amusement Devices" and "Slot Machines" and enacting a new Subsection 4.3.3(AAA), "Adult Gaming Centers", and clarifying that adult gaming center are conditional uses in the General Commercial (GC) and Planned Commercial (PC) zoning districts. Other Items · Continued (4 to 0), a Future Land Use Map amendment from County HR-8 (High Density Residential -8 units per acre) to City MD (Medium Density Residential 5-12 du/ac and annexation with initial City zoning of RM (Medium Density Residential) for Gramercy, located 260 feet west of Military Trail and 710 feet south of West Atlantic Avenue. · Continued (4 to 0), a rezoning from CF (Community Facilities) in part and R-I-A (Single Family Residential) in part to RM (Medium Density Residential) for The Cottages at Banyan Village, located at the southwest corner of South Swinton Avenue and SW 10th Street. · Continued (4 to 0), a City initiated amendment to the Land Development Regulations Section 4.3.4(K), "Development Standards Matrix", to provide for a change in the minimum building setbacks and Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", to provide for changes to the principal uses, accessory uses, conditional uses, review and approval process, development standards and special district regulations in order to help regulate development size, massing and scale. ~TE ..................................... PLAN R~IE't/~j~A~ND ~ARANCE' .......... BOARD MEETING~ ' : ........... : ~- ':OF' ................ MBE~' ....... "~ '~' ~ 2~1~;~! A. Approved (6 to 0, Mayer Abbo stepped down), a request for a color change for Hamilton Place, a townhouse development (under construction), located on the east side of SE 6th Avenue (northbound Federal Highway), north of SE 3r~ Street. City Commission Documentation Appealable Items Meeting of October 5, 2004 Page 3 B. Approved (6 to 0, Dan Carter stepped down), the architectural elevation plan for Highland Grove Estates, a proposed townhouse development, located on the north side of Old Germantown Road, approximately 1000 feet west of Palm Cove Boulevard. The site and landscape plans were previously approved by the Board. C. Approved (5 to 0, Dan Carter stepped down and Christina Morrison abstained), the architectural elevation plan associated with a mixed-use development containing 114 multiple family residential units and 23,000 sq. ft. of commercial floor area known as Lindell Square, located at the northwest corner of Lindell Boulevard and South Federal Highway. The site plan and landscape plans were previously approved by the Board. D. Approved (7 to 0), the landscape plan associated with the conversion of a commercial building (formerly Rosella's Bakery) to an artist studio (to be known as Art Studio), located at 630 George Bush Boulevard (south side of George Bush Boulevard, east of NE 6th Avenue (northbound Federal Highway). The Board denied the architectural elevation plan on a 4 to 3 vote (Christina Morrison, Reginald Cox, Mark Gregory and Dan Carter dissenting). The site plan was previously approved by the Board. E. Approved (6 to 0), a Class I site plan modification and architectural elevation plan associated with fac;ade changes for Village Grande of Delray Beach, a townhouse development (under construction), located on the east side of NE 4th Avenue, north of East Atlantic Avenue. F. Approved (7 to 0), a Class III site plan modification and architectural elevation plan associated with the conversion of 1,395 sq. ft. of commercial floor area to restaurant for Joe's Restaurant, located on the east side of SE 5th Avenue (southbound Federal Highway), south of East Atlantic Avenue. Other Items The Board considered a request from CVS Pharmacy to allow signs that now read "Eckerd" to be change to "CVS Pharmacy" in the corporate "red" color. The Board requested that each site be considered individually and that a formal request for such be submitted. No Regular Meeting of the Historic Preservation Board was held during this period. By motion, receive and file this report. Attached: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- OCTOBER 5, 2004 L-30 CANAl, m LAKE IDA ROA ¢, i LAKE I ATLANTIC S W 2ND LOWSON BOULEVARD S.W LINTON !.-38 CANAL C-15 CANAL SPRAB A. HAMILTON PLACE ..... C~TY LIMITS ..... B. HIGHLAND GROVE ESTATES C. LINDEL£ SQUARE D. ART STUDIO I o~ E. VILLAGE GRANDE OF DELRA Y BEACH GRAPHIC SCALE F. JOE'S RESTURANT CITY OF DELRA Y BEACH, FL PLANNING & ZONING DEPARTMENT JUL Y 2004 - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/~:! SUBJECT: AGENDA ITEM # (i~ :~ - REGULAR MEETING OF OCTOBER S, 2004 AWARD OF BIDS AND CONTRACTS DATE: OCTOBER 1, 2004 This is before the City Commission to approve the award of the following bids: 1. Purchase award to Ferguson Enterprises, Inc. in the amount of $16,316.45 for the purchase of water main pipe materials to be installed by our in-house construction crew on the N.E. 5th Street and N.E. 6~h Street/Palm Trail Water Main Improvements Project. Funding is available from 442-5178-536-63.50 (Water Main Rehabilitation). 2. Purchase award to Hall-Mark Fire Apparatus/Horton Emergency Vehicles in the amount of $188,215.00 via the City of Columbus, Ohio bid for one (1) Heavy Duty Paramedic Rescue Vehicle for the Fire Department. Funding is available from 501- 3312-591-64.25 (Central Garage Fund/HeaW Equipment) FY 04/05. Recommend approval of the above bids and purchases. S:\City Clerk\agenda memo\Bid Memo. 10.05.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden, City Manager FROM: Rafael Ballestero, Deputy Director of Construction DATE: 23 September 2004 SUBJECT: NE 5t~ Street & NE 6th Street I Palm Trail Water Main Upgrade Project # 2003-032 Commission Agenda Item This agenda item is for Commission approval/authorization for water main pipe material purchase from Ferguson Enterprises, Inc., our current yearly supplier. These materials will be installed by our in-house construction crew on the NE 5th Street & NE 6th Street / Palm Trail Water Main Upgrade Project, # 2003-032. Attached for your review is a copy of their quotation, based on the current contract unit prices. Total cost for this material purchase is $16,316.45. Funding is provided as follows: Account # 442-5178-536-63.50, Water Main Rehabilitation. Please place this item on the 05 October 2004 Commission Agenda. Thanks. enc cc: Richard Hasko, P.E., Director of ESD Randal Krejcarek, P.E., City Engineer City Clerk's Office Agenda File 04.13.04 Project File 2003-013 S:\EngAdmin\Projects\2003\2003-032\CONSTP, CT~2004October5 agendamemo.doc ~ ,.._~, .~ PROJECT: 2003-032 N.E. 5th. & N.E. 6thSt./Palm Trail Water Main Upgrade From: City of Delray Beach MATERIAL ORDER OUOTE 434 S. Swinton Ave. Date: 8/11104 Delray Beach, FL 33444 Requisition No: NIA Phone: (561) 243-7320 Ship to: N/A Material Ouote Fax: (561) 243-7314 Attention: Lance or ,Jason Supplier: Ferguson Enterprise Requested By: Spencer Britt Quantity Item Description 360' 8" C-900 Water main (blue) 900' 6" C-900 " " " 26' 4" SDR 18 Sanitary Lateral pipe (green) 4 6" x 6" Tapping Sleeve/stainless steel 4 6" gate valve 2 8" " " 4 6X2MJ Plug 2 8x2MJ Plug 10 VALVE BOX-TRAFFIC BEARING-TYLER-(WATER) 4 6" MJ wye 2 8" MJ wye 4 6" Tapping Valve 2 4" Clay to PVC fernco 15 6XlCC DIS SAD/EPOXY W/SS STRAPS (Romac) 6 8Xl" " " " " " " 6 6 x 1-1/2 cc dis saddle epoxy w/ss straps (Romac) 6 6 x 2 " " " " " " " 1 1-112" corporation CC x CTS 4 2" " " " " 3 2" corporation MIP x CTS 8 1" " CC x FIP 13 1" " CC x CTS 15 1" Curb Stop CTS x Meter Swivel Nut (B43-444W) 1 1-1/2" x 1" x 1" Brass Y branch 24 6" Mega lug I C-900 PVC 11 8" " " " " " 28 6" Accessory kits / less gland Righ~F&x 811312004 8:16 PAGE 001/002 F&x Server FEI-POMPANO BEACH WW #125 FERGUSON 2361 N.W. 22ND STREET Deliver To: SPENCER ENTERPRISES, POMPANO BEACH, FL 3~069-1394 From: Lance Me==:i.t'c INC: Commenfs: 08:14:10 AUG 13 2004 FERGUSON ENTERPRISES, INC. FEI-POMPANO BEACH, FLWW #125 Price Quotation Page # 1 Phone: 954-973-8100 Fax : 954-960-0095 BECi NO ....... : B47118 Bid Dote....: 08/12/04 Cust Phone: 561-243-7000 Quoted By.: LCM Terms. ....... : NET lOTH P~OX Customer: crrv OF DEl_RAY BEACH Ship To: cmo OF DEl_RAY BEACH 100 N.W. 1ST AVENUE 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 DELRAY BEACH, FL 33444 Cust POMA..: Job Name: Item Description Quantity Net Price UM Total DR18PX 8 C900 DR 18 C L150 PVC GJ PIPE 560 5.500 FT 1980.00 DR18PU 6 C'900 DR18 CL150 PVC GJ PIPE q0D 3.250 FT 2925.00 DR18GPP 4 CqO0 DR18 CL150 PVC GREE PIPE 40 2.500 FT 100.00 J43206~006 6X6 SS TAPN SLV 6.83-7.16 4 350,000 EA 1400.00 AFC2506MMLAOL 6 MJ RW DI OL GATE VLV L/A 4 350.000 EA 1400.00 AFC2508MMLAOL 8 MJ RW DI OLGATE VLV L/A 2 520.000 EA 1040.00 MJTPUK 6X2 MJ C153 TAP PLUG 4 32.760 EA 131.04 MJTPXK 8X2 MJ C153 TAP PLUG 2 34.000 EA 68.00 0461SW 2PC SC CI VLV BX 18-24 WTR 10 0.000 EA 0.00 MJYLAU 6 MJ C153 WYE L/A 4 141.278 EA 565,11 MJYLAX 8 MJ C153 WYE L/A 2 160.000 EA 320.00 AFC2506TMLAOL 6 MJ RW DI OLTAPN VLV L/A 4 400.000 EA 1600.00 MMR0244 4 CLAY X 4 C I PVC COUP 2 7.553 EA 15.11 R202N6q0GCC 6X1 CC DBL SS STRAP-NYLON 15 56.000 EA 540.00 R202Ng05GCC 8X1 CC DBL SS STRP NYL SDL 9.05 6 41.000 EA 246.00 R202N690JCC 6X1-1/2 CC DBL SS STRP NYL SDL 6 38.000 EA 228.00 1~02Nbg0KCC 6X2 CC DBL $S STRP NYL SDL 6 44,000 EA 264.00 FFB10006 1-1/2 CC X CT$ PJ BAll CORP ST 1 33.000 EA 33.00 FFB10007 2 CC X CTS PJ BALL CORP ST 4 50.000 EA 200.00 FFB11007 2 MIP X CTS PJ BALL CORP ST 3 93.413 EA 280.24 FFB10004 1 CC X CTS PJ BALL CORP ST 13 19.000 EA 247,00 FFB16004 1 CC X FIP BALL CORP ST 8 14,000 EA 112.00 FB43444W 1 CTS COMP X MTR STR BALL CURB LW 15 44.160 EA 662.40 FY44264 1-1/2X1 CTS COMP WYE BRCH 1 56.200 EA 36.20 E2006PVAP 6 CqO0 MEGALUG ACC PKG 24 26.D00 EA 624.00 8113/2004 8:16 PAGE 002~002 Fax Server FERGUSON FERGUSON ENTERPRISES, INC. ENTERPRISES, FEI-POMPANO BEACH, FLWW #125 INC: P ,ce Quot ,o Pa e Phone: 95~973-8100 08:14:1D AUG 13 20~ Fax : 954-9~5 Reference No: ~7118 ~em Description ~ua~ N~ ~ice UM T~al E20~AP 8 C90D MEGALUG ACC PKG 11 ~.~0 EA 396.00 MJAPLGU 6 MJ ACC PKG ~ G~ND 4 14.~0 EA 57.20 MJAPLGX 8 MJ ACC PKG ~ G~ND 2 16.~0 EA 32.68 HDCTS200G100 lXl BB HD~0 CTS ~ POLY 200 30.~0 C 60.00 IB~PLUGK 2 BRS CORED PLUG 6 6.675 EA 40.05 FC8477G 2 MIP X CTS GRIP COMP COUP 6 28.~7 EA 1 ~.40 PSOBK 2 X ~ ~ PVC ~H80 BE PIPE 120 125.~0 C 150.00 PD~M 3 3X1 ~0 D~CT TAPE - ~R 1 25,000 EA 25.0B ~ATRFU 3/4X6 SS 3~ A~ THRD ROD 72 2.400 ~ 172.80 ~FWF 3/4 ~ FLT WSHR 25 0.5~ EA 13.95 ~HHNF 3/4 ~ H/HEAD NUT 25 0.350 EA 8.75 POLYPIGFX 8 FOAM POLY PIG 2 15.000 EA 30.00 MJ ~U 6X 12 MJ C 153 LONG SLV L/A 1 40.~0 EA 40.00 MJLS~ 8X12 MJ C153 LONG SLV L/A 1 52,~0 EA 52.00 MJR~U 8X6 ~ C153 RED L/A 1 52.520 EA 52.52 Net Total: 1 631 6.~ Tax: 0.~ T~al: 16316.~ Quoted prices are based u~on receipt of ~e total quan~ for mined ~e shipment (~ hours]. SHIPMEN~ BEYOND 48 HOURS SHALL BE AT THEPRICE IN EFFECT AT ~ME OF SHIPMENT. Quota~ons are offer~ con~nge~ up~ ~ Buyer:s a.cc~pta~ce_o~ Seller's te~s and condl~ons. Sell~ ~iects to all oth~ terms and co~o~. Seller not res~ns~ble beyond our control. Purc~ser's sole warran~es, if any, are thos~p[9~E~d.~y_ OR IMPLIED WARRANTIES, INCLUDING ALL IMPMED WARRANTIES OF M~I~HANIABILIIY PURPOSE. IN NO EVENT Wl~ SELLER BE LIABLE FOR ANY INCIDE~AL PUN T VE SPECIAL OR CONSEQUENTIAL DAMAGES ARISING DIREC~Y O~ INDIRECTLY FROM THE OPERATION OR USE OF THE P~O~UCT. SEELER'S LIABLI~, IF ANY, SHA~ BE ~M TED TO THE NET SALES PRICE RECEIVED BY SE~ER. Compete Terms and Conditions are available upon request or can be viewed on t~ web at ~.ferguson.com/sale~terms.html. Date: 23 September 2004 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: Consent Agenda X Regular Agenda Workshop Agenda __Special Agenda When: 05 October 2004 Description of Agenda Item (who, what, where, how much): The attached agenda item is for Commission approval/authorization for water main pipe material purchase from Ferguson Enterprises, Inc., our current yearly supplier. These materials will be installed by our in-house construction crew on the NE 5th Street & NE 6th Street ! Palm Trail Water Main Improvements Project, # 2003-032. Total cost of this contract is $16,316.45. Funding is provided as follows: Account # 442-5178-536-63.50, Water Main Rehabilitation. Staff Recommendation: Appr~-M)aterial Purchase f~ Department Head signature: (~ ~~ ~.z~' t/~ City Attorney Review/Recommendation (if applicable): Budget Director Review~j:eq~ired on all items involving expenditure of funds): Funding Available:~o(f~ ) Initials: ~ Account Number See above Description See above Account Balance: See above Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: e~No Initials: Hold Until: Agenda Coordinator Review: Received: S 5EngAdminXProjects~003~2003 -032\CONSTRCT~2004October5 agenda.doc £1TY JIF DELRI:IY BEI:I£H FIRE-RESCUE DEPARTMENT sE,~V,N~-, DELRAY BEACH ' GULF STREAM ' HIGHLAND BEACH DELRAY BEACH Ali-America City 1993 MEMORANDUM 2001 To: David T. Harden, City Manager From: Kerry B. Koen, Fire Chief Date: September 27, 2004 Subject: Recommended Purchase - Paramedic Rescue Vehicle The Fire-Rescue Department is recommending the purchase of one (1) heavy duty Paramedic Rescue vehicle from Hall-Mark Fire Apparatus of Ocala, Florida as a representative of Horton Emergency Vehicles of Columbus,~ Ohio in the amount of $188,215. The purchase will be made using a competitive bid from the City of Columbus, Ohio for a similar vehicle. The City of Columbus has verified with our purchasing Division that we are authorized to use this bid for the recommended purchase. Delivery is expected from Horton within 180 to 210 calendar days after receipt of our order at Hall-Mark Apparatus in Ocala, Florida. This is a scheduled purchase to maintain provide current, and improved vehicles and technology enhancements for basic and advanced life support functions. Kerry B. koen Fire Chief KBK/cls Attachments: 3 FIRE-RESCUE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444-2555 (561) 243~7400 · FAX (561) 243-7461 Printed o[, Recycled Paper AMBULANCE PROPOSAL DATE: August 30, 2004 This Proposal has be~n prepared for: Chief Kerry Keen Delray Beach Fire Rescue 501 West Atlantic Ave Delray Beach, FL 33444 We propose to furnish to you one (1) Herren Rescue-Transport vehicle on a 2005 Inte~o~ extended cab, Model 623, to bc custom built and equipped per the fire department's request. Delivery will bc made approximately 180-210 calendar days after receipt of the order at Hall-Mark Fire Apparatus in Ocala, FL. Terms of payment shall be cash on d¢livcry (C.O.D.). Total Price of Ambulance $188,215.00 Minus trade-in TBD FOB Delray Beach $188,215.00 This proposal shall expire unless accepted within 30 days al[er the date first set above. This expiration date may be extended, in writing, providing chassis pricing and availability has not changed. Company: Purchaser: By: By: Typed/Printed: Glenn Dacey Typed/Printed: Title: _Special Vehicle Representative Title: Date: _August 27, 2004 Date: AGENDA ITEM NUMBER: AGENDA REQUEST Date: September 27, 2004 Request to be placed on: X Consent Agenda ~ Special Agenda ~ Workshop Agenda When: October 5, 2004 Description of agenda item: Purchase of one (1) Heavy-Duty Paramedic Rescue Unit from Hall-Mark Fire Apparatus/Horton Emergency Vehicles in the amount of $188,215 with funding from the Central Garage Fund, Acct. #501-3312-591- ORDINANCE/RESOLUTION REQUIRED: YES NO x Draft of Resolution Attached: YES NO X Recommendation: Approve the recommended purchase. Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review IO~ (required on all items involving expenditure of funds): ~-'AJ ~) ~ ./ Funding available: Yes /~ No Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: e~ - '~71 No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # MEMORANDUM 2 9 21111t TO: David SUBJECT: Po]icc Benevolent Association Co]lcctiuc B~a~nin~ A~ccmcm DAT~: Scptcmbc~ 29, 2004 The attached three (3) year Agreement and the attached Memorandum of Understanding have been ratified by the Police Benevolent Association. This Agreement, October 1, 2004 through September 30, 2007, replaces the previous Agreement dated October 1, 2001 through September 30, 2004. During negotiations, the City and the PBA have agreed to a successor Agreement that addressed economics including a Health Care Trust Fund, and other non economic issues to the obvious satisfaction of the bargaining unit members and the City. As I have mentioned on numerous occasions the negotiations between the City and the PBA were handled professionally and I believe enhanced the relationship between the parties. I recommend your approval and the ratification by the City Commission Our Commitment Is Our Bond COLLECTIVE BARGAINING AGREEMENT between the City of Delray Beach and the Police Benevolent Association October 1, 2004 - September 30, 2007 POLICE OFFICERS AND SERGEANTS CITY OF DELRAY AND POLICE BENEVOLENT ASSOC. CONTRACT 2004 - 2007 TABLE OF CONTENTS Pa~e 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 34 Article 12 Pension Plan Matters 37 Article 13 Holidays 38 Article 14 Vacation 42 Article 15 Sick Leave 46 Article 16 Leaves of Absence With Pay 49 Article 17 Leaves of Absence Without Pay 50 Article 18 Bereavement Leave 51 Article 19 Miscellaneous Considerations 52 Article 20 Nepotism 54 Article 21 New Employee Agreements 55 Article 22 Probationary Period - New Employees 56 Article 23 Probationary Period - Promoted Employees 57 Article 24 Seniority 59 Article 25 Promotions 62 Exhibit A Promotion in the Police Department 64 Article 26 Physical Fitness 66 Article 27 Outside Employment 68 Article 28 Resignation 70 Article 29 Non-Applicability of Civil Service Act and Civil Service Rules and Regulations 72 Article 30 Compre. Alcohol & Drug Abuse Policy for City of Delray Beach Police Dept. Empl. 73 Article 31 Damage to City Property 80 CITY OF DELRAY AND POLICE BENEVOLENT ASSOC. CONTRACT 2004 o 2007 Article 32 Discipline 82 Article 33 Absence Without Leave 87 Article 34 Police Bill of Rights 88 Article 35 No Strike 105 Article 36 Personnel Documents 107 Article 37 Uniform Allowance 108 Article 38 Disability Insurance 109 Article 39 Sick and Vacation Pay-out Accruals 110 Article 40 Take Home Vehicle Plan t 12 Article 41 Grievance Procedures 113 Article 42 Workers' Compensation 124 Article 43 Retiree Insurance 125 Article 44 Contract Constitutes Entire Agreement of the Parties 127 Article 45 Severability and Waiver 129 Article 46 Duration, Modifications, and Termination 130 Article 47 Amendments 131 Article 48 Execution of Agreement 132 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 1 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 2 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 ARTICLE 2 DUES CHECK OFF Employees of the bargaining unit may make arrangements with the City for a payroll deduction of P.B.A. dues and uniform assessments. Upon receiving a proper request from the employee, the City will deduct such dues and uniform assessments from the subject employee'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. 3 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 therefor 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. Notice by the City to the chief representative, or to his designee in the absence of the chief representative, shall be 4 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 5 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 time- off 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. Ail such swapping of shifts must be completed within a six (6) month period of time. Ail 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 PBA Bargaining Unit Time Pool shall be established on the basis of each bargaining unit 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 from each bargaining unit member's CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 account in the second pay period of October and thereafter placed in the Bargaining Unit Time Pool. No bargaining unit 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 Bargaining Unit Time Pool will be charged for all hours during which an elected or appointed PBA official is on an on- duty release to conduct PBA business. Section 4 Ail requests for the use of the Bargaining Unit 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 Bargaining Unit Time Pool may be denied if the absence of PBA officials creates insufficient manpower to maintain efficiency of operations within the Police Department. CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 Section 6 Bargaining unit members, up to a maximum of three (3), 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 bargaining unit member's assignment conflicting with attending contract negotiations, supervisory approval shall be required prior to attending. Section 7 A PBA Representative will be afforded a reasonable amount of on-duty time to prepare and assist bargaining unit 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 2004-2007 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 2004-2007 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. ~hall 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. 10 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 11 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 12 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 13 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 ARTICLE 8 MANAGEMENT RIOHTS 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. 14 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 4. To exercise control and discretion over its organization and operation. 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 15 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 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 non- probationary members of the bargaining unit, and to 16 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 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 17 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 practices of equitable distribution of overtime opportunities. 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. 18 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 33. Subject to any legal rights of incumbent employees to the contrary, to expand, reduce, alter, combine, 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. 19 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 20 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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-a- half 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 or holidays 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 individual employee shall be provided by the City for acknowledgment by the employee. 21 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. In cases where the Call-Out is outside regular working hours as scheduled, and where such Call-Out is for appearance at the South County Courthouse or for ongoing standing department committee meetings, within the Delray Beach City limits, the minimum shall be two (2) hours pay, payable at the overtime rate if applicable. Section 8 Officers and Sergeants working 11.5 hour schedules work a total of 80.5 hours within each 80 hour pay period. Every employee under this deployment schedule will be given off ~ hour every pay period. 22 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 maybe 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 23 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 24 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 25 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 l0 An employee who is temporarily and continuously assigned by the proper authority to perform the duties of a higher classification for more than his/her normal work-week, 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. 26 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 ARTICLE 10 WAGES Section I It is agreed between the parties that the salary schedule for bargaining unit employees is as follows: Fiscal Year 2004-05 Police Offxcer (in training) $31,827 Police Offxcer $38,007 - $58,607 Police Officer - First Class $38,007 - $59,637 Career Officer 1 $38,007 - $60,667 Career Officer 2 $38,007 - $61,697 Career Officer 3 $38,007 - $62,727 Master Police Officer $38,007 - $63,757 Sergeant $49,925 - $70,967 Fiscal Year 2005-06 Police Officer (in training) $32,782 Police Officer $39,147 - $60,365 Police Officer First Class $39,147 - $61,426 Career Officer 1 $39,147 - $62,487 Career Officer 2 $39,147 - $63,548 Career Officer 3 $39,147 $64,609 Master Police Officer $39,147 - $65,670 Sergeant $51,423 - $73,096 Fiscal Year 2006-07 Police Officer (in training) $33,765 Police Officer $40,322 - $62,176 Police Officer First Class $40,322 - $63,269 Career Officer 1 $40,322 - $64,362 Career Officer 2 $40,322 - $65,454 Career Officer 3 $40,322 - $66,547 Master Police Officer $40,322 - $67,640 Sergeant $52,966 - $75,289 27 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 Section 2 A. During the fiscal years 2004-05, 2005-06 and 2006-07 employees of the bargaining unit, except those hired as police officers-in-training, shall be eligible to receive an individual performance increase being 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, excepting: 1. Said individual performance increases shall be granted pursuant to the Police Department's employee performance evaluation criteria and forms, as deter- mined by the City; and 2. Employees shall also be eligible to receive incentive increases in accord with City Policy. 3. 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 receive an increase in pay to the minimum salary for Police Officer. 4. Employees' merit increases shall be effective on their performance evaluation dates. An employee's performance evaluation date shall be one year from the date of hire and annually thereafter unless the employee is hired as a police officer-in training in which case an employee's performance evaluation date shall be the date the Police Department certifies such 28 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 employee as an entry level Police Officer. The employee rate of compensation shall be the minimum rate for Police Officer and such employee shall be rated for performance evaluation annually thereafter. 5. Merit raises are based only on base rate of pay. The procedures on individual performance increases may be changed from time to time and when such changes are made, they shall be applicable to the employees in the bargaining unit. The City agrees not to change such published employee performance evaluation criteria for non-probationary employees during the term of the evaluation period without providing prior notice to the affected employees. B. Employees of the bargaining unit shall be eligible for an increase of one-time $1,500 in their annual salary upon completing two, four and six years of service as a Police Officer. To qualify for this increase, employees must receive an individual performance increase of 3.5% or greater for two successive years prior to the first one- time $1,500 increase, and 4% or greater for each of the two successive years preceding their second and third one-time $1,500 increase. 29 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 Section 3 An employee who reaches or is at the maximum amount of the salary range during fiscal years 2004-05, 2005-06 and 2006-07 and who receives only a portion of the recommended Performance Increase for such fiscal year, may be eligible for a lump sum bonus. The maximum bonus awarded shall be the amount of the performance evaluation recommended and not received. In order to be considered for the lump sum bonus, an employee must have had an average or above average performance evaluation. In addition, the employee shall not have had any sustained discipline resulting in disciplinary suspension imposed upon them during the evaluation year for which the bonus would be paid and shall not have had any at-fault accidents in excess of the current deductible observed by the City. The Police Chief shall review the employee's departmental performance for recommendation of this special bonus. Thought shall be given to the most current and important goals and objectives of the Department and the employee's contribution to such goals. Section 4 The bonus paid to qualifying employees shall be paid for the years specified in this article only. Absent future agreement of the parties, employees shall not be entitled a lump sum bonus beyond September 30, 2007. 30 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 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 overtime and pension calculation. Section 6 Career Officer Program - The Career Officer Program Compensation, shall be paid within the established ranges for each classification. Such payment shall be included within overtime and pension computation. Section 7 Patrol Incentive - A Patrol Incentive, designed to attract and compensate experienced patrol officers and sergeants to work evening and midnight shift shall be paid on a cent per hour basis as follows: 4 - 12 shift $.60 hour 12 - 8 shift $.85 hour 11.5 hour night shift $.75 hour 31 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 Patrol Officers and Sergeants assigned to these shifts shall be eligible for such compensation provided such officers shall have at least three (3) years experience in patrol work. 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 presently exists may in fact be altered causing the parties to re-examine this issue and make appropriate modification. Section 8 The Chief of Police shall have the authority to hire Florida State Certified applicants and/or those with the advanced academic degrees at a rate up to 10% above the entry rate for a Police Officer. Section 9 On a quarterly basis, effective April of 2005 and each year of this agreement, employees who have not had an at fault accident within the preceding three months shall be eligible to be included in a drawing for a $500 lump sum bonus. Four (4) employees shall be selected in each quarter and each employee shall receive the $500 lump sum bonus. Section 10 Effective October 1, 2005, employees who are fluent (speaking, reading, writing and listening) in Creole or Spanish 32 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 33 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 ARTICLE 11 HOSPITALIZATION INSURANCE The parties have negotiated by amendment a new collective bargaining agreement for the period October 1, 2004 to September 30, 2007. However, information sufficient to negotiate the provisions of Article 11 Hospitalization Insurance was not available to the parties and will not be available until a later date. Therefore, the parties understand that, when such information becomes available, the parties will reopen Article 11 for negotiation. Such re-opener will follow action by the Insurance Committee as set forth in Section 4. The parties understand and agree that the following sections are from the agreement, and shall remain binding upon the parties until prospective changes are made after negotiations between the parties. The agreement may be reopened for this negotiation. 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. 34 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 Section 2 Ail 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. Further, the parties understand and agree that the rate schedule quoted above is effective to 3/01/2001 and adjustments to the rate schedule shall be negotiated between the City and the PBA. Section 3 The City reserves the right to change the medical and hospitalization insurance carrier, but the level of deductibles 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 35 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 the City, and management representatives. The City Manager will select the management members of the insurance committee. 36 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 37 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 ARTICLE 13 HOLIDAYS Section 1 The following days shall be holidays for non-shift personnel: New Year's Day Independence Day Martin Luther King, Jr.'s Birthday Thanksgiving Day Presidents' Day (3rd Monday in Thanksgiving Friday February) Christmas Eve Labor Day (1st Monday in September) Christmas Day Memorial Day (last Monday in May) Personal Holiday (1 per fiscal year) 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 shift personnel who have completed the probationary period set forth in Article 22 of this Agreement, employees shall have eleven (11) holidays (88 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 day during the contract period, subject to Section 2(B) below, provided that no more than three (3) such holidays shall be permitted per calendar month, and the selection by the employee 38 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 must be made no later than twenty-four (24) hours prior to the date(s) selected. Section 2 A. Non-shift personnel -- Ail regular, full-time, non- shift personnel on the above days shall be off duty with pay subject, however, to being called in for work on such days if required by their supervisor, Police Chief and/or City Manager. B. Shift personnel -- Shift personnel shall work their normal shift whether on a holiday or not; provided, however, that employees who have completed their probationary period as provided for in Article 22 of this Agreement may designate in advance, and upon approval by the City, such holidays wherein the employee shall be paid only at their regular straight time rate of pay, thus permitting the accumulation for up to six (6) months [being October through March, then April through September] the additional holiday pay in order to actually take time off work during these one-half year periods in a number of days equal to the holidays so designated, worked, and paid at the straight time rate. If a member fails to use the accumulated days within the six (6) month period for good cause, as determined by the Police Chief, the Police Chief and the City Manager may grant an extension. The option in this provision shall apply 39 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 to all shift personnel whether they are scheduled to work on the holiday or not. Section 3 If regular, full-time employees are required to work on an actual holiday itself, because of the needs of the City, they shall be compensated at double their regular rate of pay. Section 4 For non-shift personnel, 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 Employees who are on leave without pay on the day preceding and the day following a holiday or who are absent without leave on the day preceding or the day following a holiday shall be considered as absent without pay on the holiday and shall not be compensated for the holiday. Section 6 For non-shift personnel, in the event any of the aforementioned days fall on Saturday, the preceding Friday shall be considered a holiday, and in the event any of the aforementioned days fall on Sunday, the following Monday shall be considered a holiday. 40 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 Section 7 For non-shift personnel, in the event that one of the holidays named in Section 1 occurs while an employee is on sick leave, the employee shall receive holiday pay and shall not be charged sick leave pay for that day. 41 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 42 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 43 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. Ail 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 Ail 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. 44 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 45 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 Ail regular full-time employees may be given sick leave with pay at the rate of $ 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. 46 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 - 2O 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 47 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. Ail 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. 48 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 49 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 50 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 ~RTT~LE ~8 BERF~VEI~I~ 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 (24 hours) 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, grandparents, foster parents, foster children, step- children, or step-parents. 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. 51 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 increases 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 obtain any individual performance increase (which increase would be a flat percentage), while receiving below this "satisfactory" rating would receive no merit pay 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, 52 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 C. A review of establishing a new or instituting revisions to the existing program(s) for the award of 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. 53 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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-in- law, sister-in-law, stepfather, stepmother, stepson, step- daughter, stepbrother, stepsister, half brother, or half sister. 54 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 ARTICLE 21 NEW EMPLOYEE AGREEMENTS Ail 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. 55 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 56 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 57 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 58 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 59 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 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) 60 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 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. 61 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 ARTICLE 25 PROMOTIONS Section i -- 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. Ail 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. 62 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 higher classification, the employee's wages shall be increased to the minimum salary of the new classification or to five percent (5%) more than the employee earned prior to the promotion, whichever is higher. (b) If an employee's wages are increased more than ten percent (10%) as a result of a promotion, the employee's annual performance evaluation date will be changed to the date of the promotion. (c) When an employee is promoted into a Sergeant's classification, the employee's wages shall be increased to the minimum salary of the Sergeant's classification or to ten percent (10%) more than the employee earned prior to the promotion, whichever is higher. 63 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 EXHIBIT A PROMOTION IN THE POLICE DEPARTMENT Ail 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. 64 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 65 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 ARTICLE 2 6 PHYSICAL FITNESS Both parties acknowledge that during the contract period, the City shall be investigating 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 66 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 calendar quarter in which the employee's anniversary date occurs. 67 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 68 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 69 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 business days 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 7O CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 the manner prescribed. Ail such unauthorized leaves shall be posted on the employee's records and may be considered in the employee's merit ratings. 71 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 72 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 ARTICLE 30 COMPREHENSIVE ALCOHOL AND DRUO 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. 73 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. Ail 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. 74 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 D. Ail 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. Fo 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 75 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 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. I. 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 76 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 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, 77 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 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 78 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 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. 79 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. Ail 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 8O CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 City will not be responsible for the replacement of jewelry or other personal property carried at the employee's discretion. 81 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 82 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 83 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 84 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 85 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 86 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 days 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. For purposes of this article, three (3) consecutive days shall mean three (3) work days of the employee. 87 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 ARTICLE 34 POLICE BILL OF RIGHTS 1.0 Whenever an employee is under investigation and subject to interrogation by members of the employee's agency for any reason that could lead to disciplinary action, demotion or dismissal, such interrogation shall be conducted pursuant to the following conditions: 2.0 The interview of the employee who is under investigation shall be conducted at a reasonable hour, preferably when the employee is on-duty and during day-light hours, unless the seriousness of the investigation dictates that immediate action is required. If such interview occurs during the off-duty time of the employee being interviewed, the employee shall be compensated for his off-duty time, in accordance with regular Department procedures. 2.1 The interview shall take place at the Delray Beach Police Department building as designated by the investigating officer or agency or some other mutually agreeable location. 2.2 The employee when being interviewed shall be informed of the name, rank, and command of the officers in charge of the investigation, the interrogating officers, and all persons present during the interview. 88 CITY OFDELRAYBEACH&POLICEBENEVOLENTASSOCIA~ONCONTRACT2004-2007 2.3 Ail questions directed to the officer under interrogation shall be asked by or through one interviewer during any one investigative interrogation, unless specifically waived by the officer under investigation. 2.4 The employee when being interviewed shall be informed of the nature of the investigation or complaint, and the name of all complaining parties, before the interview or interrogation commences, and shall have the right to make notes. 2.5 The interview session of an employee shall be for a reasonable period of time, depending upon the seriousness of the investigation. Unless the Chief of Police direct otherwise, a period of two (2) hours shall be the maximum time allowed for any one session of interview. 2.6 Reasonable rest periods shall be allowed during the course of the interview period. Time shall be provided for personal necessities, meals, telephone calls, etc., as are reasonably necessary. 2.7 The employee when being so interviewed shall not be subjected to any offensive or abusive language, nor threatened with dismissal, transfer, or disciplinary action, except that the City may advise the interviewee that refusal to answer questions could lead to disciplinary action. No promise of reward shall be made as an 89 CITY OFDELRAYBEACH&POLICEBENEVOLENTASSOCIA~ONCONTRACT2004-2007 inducement to answering any questions. The employee shall not be subject to visits by the press, or news media, without his express consent, nor shall his home address, phone number, or photograph be given to the press or news media without his express consent. 2.8 The formal interview of an employee including all recess periods, shall be recorded in such a manner so as to allow a transcript to be prepared (except for necessary interruptions for turning over the tape and the like), and there shall be no unrecorded questions or statements. 2.9 Upon the request of the interviewed officer, a copy of any such recording of the interrogation session must be made available to the interrogated officer no later than 72 hours, excluding holidays and weekends, following said interrogation. 2.10 If the employee being interviewed is under arrest, or is likely to be placed under arrest as a result of the interview, the employee shall be completely informed of all his rights prior to the commencement of the interview. 2.11 At the request of the employee being interviewed, the employee shall have the right to be represented by counsel or any other representative of the employee's choice, who shall be present at all times during such interview whenever the interrogation relates to the officer's 90 CITY OFDELRAYBEACH&POLICEBENEVOLENTASSOCIATIONCONTRACT20~-2007 continued fitness for law enforcement service. (The attorney or representative shall not be a participant in the interview, except as counsel to the employee. At the end of the interview, the attorney or representative may make a statement or direct further questions to the employee for clarification purposes, but shall not be entitled to direct questions to the interviewer. The employee to be interviewed may request a postponement of the initial interview, to contact any attorney or representative of his choosing. The interview may not be postponed more than twenty-four hours (except by mutual consent), with allowances being made for weekends and holidays.) 2.12 Notwithstanding the rights and privileges provided by this part, this part does not limit the right of an agency to discipline or to pursue criminal charges against the officer. 3.0 NOTICE OF DISCIPLINARY ACTION. No dismissal, demotion, transfer, reassignment, or other personnel action, which might result in loss of wages or benefits or which might otherwise be considered a punitive measure, shall be taken against any law enforcement officer, unless such law enforcement officer is notified of the action and the 91 CITY OFDELRAYBEACH&POLICEBENEVOLENTASSOCIA~ONCONTRACT2004~2007 reason(s) therefore prior to the effective date of such action. 3.1 Notwithstanding the provisions of Section 112.533(2), whenever a law enforcement officer is subject to disciplinary action consisting of suspension with loss of pay, demotion, or dismissal, the officer shall, upon request, be provided with a complete copy of the investigative report and supporting documents and with the opportunity to address the findings in the report with the employing law enforcement agency prior to the imposition of the disciplinary action consisting of suspension with loss of pay, demotion or dismissal. The contents of the complaint and investigation shall remain confidential until such time as the employing law enforcement agency makes a final determination whether or not to issue a notice of disciplinary action consisting of suspension with loss of pay, demotion or dismissal. This paragraph shall not be construed to provide law enforcement officers with a property interest or expectancy of continued employment, employment, or appointment as a law enforcement officer. 4.0 CIVIL SUITS BROUGHT BY LAW ENFORCEMENT OFFICERS OR CORRECTIONAL OFFICERS. Every law enforcement officer shall have the right to bring civil suit against any person, group of persons, or 92 CITY OFDELRAYBEACH&POLICEBENEVOLENTASSOCIA~ONCONTRACT2004-2007 organization or corporation, or the head of such organization or corporation, for damages, either pecuniary or otherwise, suffered during the performance of the officer's official duties, for abridgment of the officer's civil rights arising out of the officer's performance of official duties, or for filing a complaint against the officer which the person knew was false when it was filed. This section does not establish a separate civil action against the officer's employing law enforcement agency for the investigation and processing of a complaint filed under this article. 5.0 RETALIATION FOR EXERCISING RIGHTS. No law enforcement officer shall be discharged, disciplined, demoted, denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to his employment, or be threatened with any such treatment, by reason of his exercise of the rights granted by this Police Officer's Bill of Rights. 6.0 CITY OF DELRAY BEACH POLICE DEPARTMENT PROCEDURES REGARDING COMPLAINTS. When a citizen or another Delray Beach Police Department employee (including officers), either verbally or in writing, makes a complaint concerning one or more law enforcement officers with the Delray Beach Police 93 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 Department, the result of which could lead to a disciplinary action against said employee, the following procedure should be followed: a. When the City receives a complaint, internal affairs or a supervisor as designed by the Chief of Police or his/her designee shall investigate the complaint as an IA investigation or a supervisor's review as determined by the Chief of Police or his/her designee and interview the subject of the complaint. At the outset of the interview, the employee, the employee's legal counsel or any other representative of his or her choice, may request a copy of this Article 34 and then be permitted time to read same, so that no questions will arise as to the knowledge of the employee under investigation of those rights set forth therein. The employee who is subject to the complaint, along with legal counsel or any other representative of the employee's choice, may review the complaint and all statements regardless of form, made by the complainant and witnesses immediately prior to the beginning of the investigative review. If there is the possibility of criminal charges, the employee under investigation shall also be read the standard Miranda warnings. Additionally, except under 94 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 emergency circumstances, the employee shall be noticed in writing at least 24 hours in advance of the time and date of his/her interview, unless other mutually acceptable arrangements are made to waive this time requirement. The written notice to the employee should state the fact that he/she is entitled to have an attorney or representative at said interview, whose sole purpose is to advise the employee of his/her legal rights, and not to interfere in said interview process. The interview shall be recorded, and a transcript made thereof. Also, the employee shall have the right to read and initial this transcript and note any differences or errors in the margins. b. In addition to the above interviews, the investigating officer may make any other investigations concerning the factual basis of the complaint that he/she deems necessary, including requesting the use of interrogative or interview-type polygraph examinations of all parties. c. Upon concluding his investigation into the matter, the investigating officer shall make a written summary of the findings of his/her investigation. This summary shall be presented to the Chief of Police for review. Additionally, the investigating officer should have a 95 CiTY OFDELRAYBEACH&POHCEBENEVOLENTASSOCIATIONCONTRACT2004-2007 meeting with the Chief of Police to discuss this matter more thoroughly. d. After the Chief of Police has reviewed and evaluated the investigation by the investigating officer, the Chief of Police may submit the report to one of his division commanders for further review and recommendations as to possible further investigation. After the division commander returns the report to the Chief of Police (or after the Chief's evaluation, if this procedure is not used), the Chief shall make a preliminary decision as to whether the employee's conduct could warrant disciplinary action being taken against the employee(s) complained against. At this point, the aggrieved employee shall be given written notice to report to the Chief's office (preferably for the following day and during his on-duty hours), and this meeting shall also be recorded. When the employee reports to the Chief, he or she may have a representative or an attorney present. The attorney or representative at the close of the hearing shall be entitled to make a statement or direct further questions to the employee for clarification purposes, but shall not be entitled to direct questions to the Police Chief. The Chief shall inform the employee 96 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 that he has reviewed the complaint and that disciplinary action is or is not warranted. If the Chief does intend to discipline or recommend discipline against the employee, the Chief shall inform the employee of the disciplinary action he will take/recommend to the City Manager. e. After being informed of the recommended disciplinary action and prior to the time the recommendation is made by the Chief to the City Manager, the employee(s) involved shall be given the opportunity to agree or disagree with the discipline recommended. If the employee disagrees with the discipline recommended, he/she can request a hearing before the City Manager. In appropriate circumstances, the employee may request the convening of a complaint review board. f. At the conclusion of the investigation, all investigative documents and evidence will become public records and subject to inspection, except for confidential or exempt material contained therein or materials pertaining to an active criminal investigation. 97 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 9.0 COMPLAINT REVIEW BOARD. If the complaint against the employee, the employee has the right to request the convening of a complaint review board to review the complaint after the Chief has notified the employee of the proposed discipline. a. COMPOSITION OF COMPLAINT REVIEW BOARD. If the employee requests the convening of a Complaint Review Board in the appropriate instances, the employee shall within 24 hours of such request, present to the Chief of Police the names of two qualified persons that the employee wishes to have sit on this Board. Within 24 hours of receipt of the employee's request, the Chief of Police shall choose two members of the Board, and these four selectees shall pick the fifth member of the Board. However, in no case shall the Board members selected be involved in the representation, investigation, or review of any matters related to the subject matter of that which gave rise to the potentially recommended disciplinary action. The Board members shall select one member to function as chairman. The Board members shall be law enforcement officers from any state, county or municipal agency within the county. b. The Complaint Review Board shall be convened when the five members of the Board can attend. The convening of the Board should be done as soon as possible. 98 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 c. COMPLAINT REVIEW BOARD PROCEDURES. At the convening of the Complaint Review Board, the IA officer or such other person as may be selected by the City shall present the complaint against the employee the results of his investigation and his conclusions therefrom. At the Board hearing, the technical rules of evidence shall not apply, and the Board shall be permitted to hear any information which is relevant to the matter at hand. The employee shall be permitted to bring an attorney or other representative of his/her choice. The employee's representative or attorney will be permitted to advise the accused employee as to his legal rights to call witnesses, and to conduct "direct and cross-examinations". Additionally, the Board members themselves shall be permitted to call witnesses and to inquire of any witnesses called by any party. All witnesses shall be placed under oath prior to their testifying. At the conclusion of the IA officer's presentation, the employee or his representative shall be permitted to call witnesses or bring forth evidence in defense of his position. At the conclusion of the presentations by other sides, the Board shall discuss the matter publicly and take a vote on whether they support or reject the findings and/or potential disciplinary action as recommended by the Chief. 99 CITY OF DELRAY BEACH & PONCE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 They shall also state in writing along with their findings of fact. Should the Board disagree with the Chief's findings and recommendations of discipline, the Board shall make its own recommendation of discipline, if any, and shall set forth an explanation of why it is different from that recommended by the Chief. Additionally, findings of fact shall be included in this report. d. Upon receipt of the Board's written report, the Chief of Police shall again review the case and the Board's report, and shall make a final decision as to the discipline of the subject employee that he/she will take /recommend to the City Manager. The Board's recommendation to the Chief is not binding, and the Chief may retain his first disciplinary action/recommendation, adopt that of the Board, or choose a third and different disciplinary action. In the appropriate case, this decision of the Chief of Police shall be forwarded to the City Manager for his review, in accordance with City procedures. 10.0 As provided in F.S. 112.533(2) (a), a complaint filed against a law enforcement officer or correctional officer with a law enforcement agency or correctional agency and all information obtained pursuant to the investigation by the agency of such complaint shall be confidential and exempt from the provisions of Section 119.07(1) until the 100 CITY OFDELRAYBEACH&POLICEBENEVOLENTASSOCIA~ONCONTRACT2004-2007 investigation ceases to be active, or until the agency head or the agency's head designee provides written notice to the officer who is the subject of the complaint, either personally or by mail, that the agency has either: a) Concluded the investigation with a finding not to proceed with disciplinary action or to file charges; or b) Concluded the investigation with a finding to proceed with disciplinary action or to file charges. 10.1 Notwithstanding the foregoing provisions in Section 10.0, the officer who is the subject of the complaint, along with legal counsel or any other representative of his or her choice, may review the complaint and all statements regardless of form made by the complainant and witnesses immediately prior to the beginning of the investigative interview. (If a witness to a complaint is incarcerated in a correctional facility and may be under the supervision or have contact with, the officer under investigation, only the names and written statements of the complainant and non-incarcerated witnesses may be reviewed by the officer under investigation immediately prior to the beginning of the investigative interview). 10.2 This subsection does not apply to any public record which is exempt from public disclosure pursuant to Section 119.07(3). For the purposes of this subsection, an 101 CITY OFDELRAYBEACH&POLICEBENEVOLENTASSOCIA~ONCONTRACT2004-2007 investigation shall be considered active as long as it is continuing with a reasonable, good faith anticipation of an administrative finding will be made in the foreseeable future. An investigation shall be presumed to be inactive if no finding is made within 45 days after the complaint is filed. 10.3 Notwithstanding other provisions of this section, complaint and information shall be available to law enforcement agencies, correctional agencies, and the attorneys in the conduct of a lawful criminal investigation. 10.4 A law enforcement officer or correctional officer has the right to review his or her official personnel file any reasonable time under the supervision of the designated records custodian. A law enforcement officer or correctional officer may attach to the file a concise statement in response to any items included in the file identified by the officer as derogatory, and copies of such items must be made to the officer. 10.5 As provided for in F.S. Section 112.533(4), any person who is a participant in an internal investigation, including the complainant, the subject of the investigation and the subject's legal counsel or a representative of his or her choice, the investigator conducting the investigation and any witnesses in the investigation, who willfully discloses 102 CITY OFDELRAYBEACH&POLICEBENEVOLENTASSOCIA~ONCONTRACT2004-2007 any information obtained pursuant to the agency's investigation, including, but not limited to, the identity of the officer under investigation, the nature of the questions asked, information revealed, or documents furnished in connection with a confidential internal investigation of an agency, before such complaint, document, action or proceeding becomes a public record as provided in this section commits a misdemeanor of the first degree, punishable as provided in Section 775.082 or Section 77.083. However, this subsection does not limit a law enforcement officer's ability to gain access to information under paragraph (2)(a). Additionally, the police chief, or his or her designee, is not precluded by this section from acknowledging the existence of a complaint and the fact that an investigation is underway. 11.0 The City will not require any employee to submit to Voice Stress Analyzer (VSA) testing, nor subject any tape recorded statement of an employee that is taken pursuant to this Article to voice stress analysis, without first obtaining the consent of the employee. 12.0 An employee under investigation shall be permitted to read, sign and date any document having reference to the results and/or disposition of an investigation, prior to its being placed in the employee's personnel folder. 103 CITYOFDELRAYBEACH&POLICEBENEVOLENTASSOCIA~ONCONTRACT20~-2007 13.0 After the City Manager has made his final decision as to the disciplinary action, if any, to be taken against the subject member, and should the disciplinary action be grievable under the Contract, the subject member may file a grievance pursuant to the provisions and requirements of the collective bargaining agreement between the City and the P.B.A. 14.0 Should any section or provision of this Article 34 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. 104 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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, 105 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 106 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 ARTICLE 36 PERSONNEL DOCUMENTS Ail 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. 107 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 $350 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. 108 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 by all other city employees. 109 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 three (3) 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 three 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 two options 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. 2. The one-third payments, not to exceed one-third of accrued balance or 1408 hours (1120 sick leave, 288 vacation), whichever is greater, be deposited into an established 401H or a Vantage Care Retirement Savings Plan. C. Providing all necessary IRS and local requirements can be satisfied, establish a 401H or Vantage Care Retirement Health Savings Plan pay-out (subject to IRS and other and other legal requirements) which allows an employee to roll 110 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 their authorized accrual amounts not to exceed one-third of accrued balance or 1408 hours (1120 sick, 288 vacation), whichever is greater at the time of retirement into such plan for payment of future medical expenses. The parties understand the effective date of this option shall be when all necessary IRS and other legal requirements are satisfied. The election must be made no later than December 31~t of the year prior to the actual year of retirement. 111 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 three years experience with the Delray Beach Police Department. B. Effective October 1, 2004, officers must reside within a 15 mile radius of the City of Delray Beach city limits. C. The Police Department shall establish internal policies and procedures for the assignment and use of take home vehicles. 112 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 i 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 113 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 114 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 115 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 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. 116 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 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 117 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 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 118 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 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 119 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 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. 120 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 4. There shall be no post-hearing briefs unless both 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 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 121 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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 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 122 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 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. 123 CITY OFDELRAYBEACH&POLICEBENEVOLENTASSOCIA~ONCONTRACT2004-2007 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. 124 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 ARTICLE 43 RETIREE INSURANCE Section 1 The Police Benevolent Association shall establish the Delray Beach Police Officer's Retiree Insurance Fund (~Retiree Insurance Fund") to provide full or partial payments for health insurance premiums and other benefits on behalf of former bargaining unit employees of the City who separate from employment on or after October 1, 2004. Ail eligibility requirements and benefits provided will be determined solely by the Board of Trustees of the Retiree Insurance Fund. Section 2 On or before December 31, 2005, the City shall make a contribution to the Retiree Insurance Fund in an amount equal to 2.0% of the annual base pay of all Police Officers/Sergeants who are employed during the bi-weekly payroll period which includes the prior October 1. On or before December 31, 2006, and on or before every December 31 thereafter, the City shall make a contribution to the Retiree Insurance Fund in an amount equal to 3.3% of the annual base pay of all Police Officers who are employed during the bi-weekly payroll period which includes the prior October 1. The City shall make the annual contribution on behalf of each Police Officer/Sergeant in pay status on 125 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 October 1. Along with the contributions, the City shall provide a list of bargaining unit members for whom payment has been made and the basis for the amount of payment made. 126 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 127 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 This Agreement contains the entire contract, understanding, undertaking, and agreement of collective bargaining for and during its term. 128 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 129 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 ARTICLE 46 DURATION, MODIFICATION, AND TERMINATION, REOPENER Except as otherwise provided in this agreement, this agreement shall be effective from October 1, 2004 and continue through September 30, 2007. Negotiations for a successor agreement shall commence not later than May 1, 2007. 130 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 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. 131 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2004-2007 ARTICLE 48 EXECUTION OF AGREEMENT In executing this Agreement, the Chairman of the Labor Committee, Police Benevolent Association and bargaining representative of the P.B.A. represent that they have made the bargaining unit employees aware of their responsibilities individually and collectively under this agreement at a regularly scheduled meeting of the organization and that by an affirmative vote of a majority of the membership present and voting, the individuals executing this agreement have been authorized by the membership to take such action. Dated this day of , 2004 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 - Susan Ruby Dated this day of , 2004 ATTEST: POLICE BENEVOLENT ASSOCIATION By: Harry J. Hamilton President - Vincent Gray 132 MEMORANDUM OF UNDERSTANDING The City of Delray Beach, Florida and the Palm Beach Police Benevolent Association (the parties) agree as follows: Effective October 1, 2004 the following provisions shall apply to the bargaining unit represented by the PBA: 1. Certified Police Officers/Sergeants shall receive a 1% wage adjustment effective the first full payroll in fiscal year 2004/2005 beginning October 2, 2004. 2. Employees who hold the rank of Sergeant on or before October 1, 2004 shall receive a 2.5% promotional increase on their evaluation review date in both fiscal year 2004-2005 and 2005-2006. 3. Employees who are promoted to Sergeant in fiscal year 2004-2005 shall be brought to the minimum of the Sergeants' salary range or receive a 7.5% increase on the effective date of promotion whichever is higher and if they received a 7.5% increase in fiscal year 2004-2005 they shall receive a 2.5% promotional increase on their evaluation review date in fiscal year 2005-2006. If they received 10% or more, to bring them to the minimum of the salary range in fiscal year 2004-2005, they shall not receive a promotional increase in fiscal year 2005-2006. However, if they receive more than 7.5% but less than 10% then they shall be eligible for the remainder on their anniversary date in fiscal year 2005-2006. 4. Employees who are promoted to Sergeant on or after October 1, 2005 shall be brought to the minimum of the Sergeants' salary range or receive a 10% promotional increase on the effective date of the promotion whichever is higher. 5. Compensatory time will be increased from 60 hours to 72 hours subject to the Union withdrawing its current compensatory time grievance filed on November 23, 2003 and the Union further agreeing to the City's practice of administering compensatory time. 6. This MOU shall be effective solely for the period October 1, 2004 through September 30, 2007. 7. The parties represent that they have full legal authority to enter into this Memorandum of Understanding. 8. All other terms of the Collective Bargaining Agreement for the period of October 1, 2004 - September 30, 2007 are binding, except where expressly modified herein or hereinaRer modified by the parties. Dated this __ day of ,2004. Attest City of Delray Beach, FL City Clerk By: City Manager Approved as to Form Police Benevolent Association City Attorney By: President MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS },ROM: CITY SAGERl SUBJECT: AGENDA ITEM # e~l~ - REGULAR MEETING OF OCTOBER 5, 2004 CONTRACT AWARDS/PROPERTY & CASUALTY INSURANCE COVERAGE DATE: OCTOBER 1, 2004 This is before the City Commission to consider approval of a contract award to various insurance companies as negotiated by our broker, Arthur J. Gallagher, for the City's Property and Casualty Insurance Policies effective October 1, 2004 at the annual premium of $1,316,649.00. Risk Management has bound the Cit3"s Property & Casualty Renewal Insurance Program for the October 1, 2004-05 policy, year. Our insurance broker, Arthur J. Gallagher & Co., was able to keep the total premium under budget, even though the total insurable values increased by 14%, and while maintaining the current broad scope of insurance coverage. The total cost of the insurance program is $1,316,649, or $62,221 under that which was budgeted. Property Insurance. The City's $89 million in total insurable values will continue to be insured under a "layered" insurance program. Three insurers will provide excess insurance above a $1 million in primary coverage. General/Auto Liability Insurance. The City will be covered under two polices of insurance for general and auto liabilities up to a $5 million limit. Workers' Compensation Insurance. The City is covered for worker's compensation under a single insurance policy which provides benefits to employees injured on-the-job as required by State statute. This insurance, and including excess crime, boiler & machinery, police & firefighters statutory accidental death, and claims administration services is explained in the attached 9/27/04 memo from Risk Management to the City Manager, and in the attached 9/21/04 "Proposal 2004-2005 Report" from our insurance broker, Arthur J. Gallagher & Co. Recommend approval of a contract award to various insurance companies as negotiated by our broker, Arthur J. Gallagher, for the City's Property and Casualty Insurance Policies. S:\City Clerk\agenda memos\Arthur J. Gallagher. Property& CasualD, Insurance. 10.05.04 Memo RECEIVED SE? 2 ZO0/ To: David T. Harden, City Manager ~t~¥ ! ANAG :~ ~. Thru: Joe Saffo~n~ Di~_.~ From: Frank Babin, Risk Man~g~ I/(/ Dat~ September 27, 2~4 ~ ~ R~ ~nual Renewal of Pro~ and Casual~ Insurance Programs On August 31, 2004, Joe Safford, Finance Director, Harry Hamilton, Human Resources Director, and I met with representatives from our insurance broker, Arthur J. Gallagher & Company, to review their proposal for the October 1, 2004 renewal of the City's property and casualty insurance programs. The proposal provided for the same broad scope of insurance coverages as the current programs. The proposed premiums were within estimated budget, even though the total insured values (TIV), e.g., buildings, contents, vehicles, etc., increased from $78MM last year to $89MM reflecting a recalculation of specific building/contents valuation. At that time, the broker believed a lower premium still could be negotiated with the two major insurers. As it turned out, they were fight. In addition, at the advice of the broker, the excess property package was "bound" that week due to a concern that Hurricane Frances' impact in Florida could result in the underwriter "pulling" the quote in it's aftermath. The attached proposal booklet from Arthur J. Gallagher & Co. provides the details of this insurance renewal and can be used as a reference. This cover memo will discuss the individual insurance coverages and comment on issues considered significant to your understanding of the insurance programs and this renewal. State National Insurance Company (Tab 2). This insurer provides total, statutory workers' compensation insurance coverage for the City (e.g., no excess insurance is needed). The City has a $500,000 per claim self-insured retention (SIR), which is not uncommon for a City our size. Through this financially sound insurer, our broker has been able to provide reasonably priced coverage for the second successive year. In addition, this insurer provides basic liability insurance coverage. After a $500,000 SIR, the limit of insurance coverage is $1 million per each occurrence but no more than $2 million in any one policy year (called the "aggregate"). The broker negotiated a final $299,000 premium, after the insureCs initial proposal of $302,000; the budgeted premium is $322,000. The current expiring premium is $280,000. Princeton Excess & Surplus Lines Insurance Company, PESLIC (Tab 3). This insurer provides pdmary property dama.qe insurance up to $1 million per occurrence and also broad excess liability insurance with limits of $5 million per each occurrence. The property insurance SIR's are $75,000 per occurrence, except for hurricanes which are $500,000 per occurrence. The liability coverage provides excess insurance over the "basic" Safety National policy, but also includes a "broader" scope of coverage, called "difference in conditions" insurance, which provides excess insurance after a $1 million SIR. The broker negotiated a final $430,000, after the insurer's initial proposal of $472,000; the budgeted premium is $443,300. The current expidng premium is $403000. David Harden, September 27, 2004, Page 2 Excess Property Insurance {'Tab 4). Three insurers provide "layered" excess property insurance: Lexington Insurance Company provides the first layer ($4 million excess of a $1 million SIR); Essex Surplus Lines Insurance provides the second layer ($5 million excess of $5 million SIR); Landmark American Surplus Lines Insurance Company provides the third layer (TIV limit of $79.8 million excess of $10 million). The total premium is $435,834 compared to a budgeted premium of $451,000. The current expiring premium is $451,012. Excess Cdme (Employee Dishonesty) Insurance (Tab 5). This insurance is effectively blanket bond coverage for employee dishonesty, including Finance Director and Treasurer, and is provided through Hartford Insurance Company. The total premium is $3,457 which is the same as the expiring. Boiler & Machinery Insurance (Tab 7). This insurance covers damages not covered by property insurance (pumps, air conditioning units, etc.) and is provided through Hartford Steam Boiler Inspection & Insurance Company. The total premium is $10,089; expidng at $9,106. Police & Firefi.qhters Statutory Accidental Death Insurance (Tab 8). This insurance covers in-the-line- of-duty accidental death and dismemberment as required by State statute and is provided through Harford Life Insurance Company. The premium, paid by the respective departments, is for a three year policy premium of $39,227, paid in annual installments of $13,076. The expidng annual installment is $11,886. Galla,qher Bassett Services Inc. This company has been the City's "third party claims administrator" for many years and has been responsive to the City's needs. They work closely with, and take direction from the City Attorney and Risk Management Division on matter pertaining to liability and workers' compensation claims, respectively. They provide professional opinion, formal claims administration services and claims payment services and documentation. The $125,193 fee is the annual installment for a three year pedod, which guarantees a rate increase over the next two years of only 5 1/2/%. The expiring annual fee is $118,773. Summary. Attached is a spreadsheet summary of the current, budgeted and expiring premiums. The total cost for the property and casualty renewal insurance and service programs is $1,316,649, or $62,221 under that which was budgeted. We recommend that these insurance coverages be accepted as proposed. If this recommendation meets with your approval, we request that this information be forwarded to the City Commission for final approval at the October 5, 2004 City Commission meeting. Copy: Harry Hamilton, Human Resources Director The City of Delray Beach Property Casualty Insurance Renewal Schedule (As of 9/13/04) October 1, 2004-05 Premium Budget Premium I nsu rance Compan~,/Covera~e 10/1/03-04 10/1/04-05 10/1/04-5 State NationalNVC + AGL $280,000 $322,000 $299,000 United National/Prop + AGL $403,000 $443,300 $430,000 Subtotal, Primary/Excess $683,000 $765,300 $729,000 Lexington/lst Prop Excess $298,004 $298,000 $287,303 Essex/2nd Prop Excess $71,004 $71,000 $68,531 Landmark/3rd Prop Excess $82,004 $82,000 $80,000 Subtotal, Prop Excess $451,012 $451,000 $435,834 Hartford Steam Boiler/B&M $9,106 $9,110 $10,089 Hartford Insurance/Crime $3,457 $3,460 $3,457 Total, P & C Insurance $1,158,461 $1,241,370 $1,178,380 Hartford Life/Statutory Life/AD&D* $11,886 $12,500 $13,076 Gallagher Bassett Services $118,773 $125,000 $125,193 Total, Insurance & Services $1,289,120 $1,378,870 $1,316,649 *Premium charge allocated between Police and Fire (0405PC bugt v. actual prem 1) ~ THE CITY OF DELRAY REACH PROTECTED SELF-INSURANCE PROG RAM ' PROPOSAL 2004 - 2005 EXI~CUTIVE SUMMARY ARTHUR J. GALLAGHER & CO. - WE QUALIFY 3ra largest broker in the United States and 4th largest broker Worldwide A public company traded on the New York Stock Exchange Over 200 offices throughout the United States and in all major insurance market centers · Over $4 Billion premiums placed Worldwide · Over 8,000 employees worldwide linked together by Gallagher On-Line for immediate access to market information and client solutions · Known nationally as the Public Entity and Scholastic Specialist · "We're big enough to do the job and small enough to care.t" J. Patrick Gallagher OUR FLORIDA PUBLIC ENTITY AND SCHOLASTIC POSITION - WE QUALIFY · Largest broker for Individual/Pooled Self Insured Programs for Public Entities and Schools · Nine Florida Service Offices with over 350 employees · AJG is known for its commitment to public entity clients from a time in the past when no one was interested in serving the public entity marketplace · AJG handles more major Florida Public Entity and Scholastic Programs and Property Schedules than any other broker. · A long list of well known, satisfied clients serves as our best credentials: ,/ 51 Florida Cities ,/27 Florida County Governments 63 Florida County School Systems ,/ 28 Florida Community Colleges AJG & CO. AND THE CITY OF DELRAY BEACH- PARTNERS IN RISK MANAGEMENT October 1, 2004 marks the 23rd anniversary of the City's Protected Self-Insured Risk Management Program. The City's program is a dynamic and ever-changing "work in progress." Last year, we made significant modifications to the program and included the State National Insurance Package policy. The Third Party Liability Coverage offered by State National and the Premier Public Entity Package (PESLIC), are not written on a "follow form" basis. We have therefore designed the program so that the PESLIC Package, which offers broader coverage than the State National Policy will work as both Difference In Conditions and an Excess policy to the State National Package. In cases where State National Coverage applies, the PESLIC policy will respond as excess of State National. In cases where coverage is .not included by State National, but is included in the PESLIC Package, such as EMT Liability, or if the State National Limits are exhausted, the Premier Public Entity package will apply on a primary basis with a $1,000,000 SIR. ~6665923.doc THE CITY OF DELRAY BEACH PROTECTED SELF-INSURANCE PROGRAM PROPOSAL 2004 - 2005 We are pleased by the success of the City's Protected Self-Insurance Program. By adopting and managing this program, the City has maximized its cash fiow and retained control over its claims management. The City of Delray Beach is in a preferential position among Florida Cities of similar size and exposure. Arthur J. Gallagher & Co. and the City of Delray Beach enjoy a relationship that started in 1982 when the Risk Management Program was created. Gallagher is proud to be a part of the success of the City's Risk Management Program. A program that provides: ,/ Broader protection and benefits through a unified program of expanded coverages for all property and casualty exposures. ,/ Greater risk retention ability because of the spread of risk and the operation of the law of large numbers. ,/ Continuity of coverage. Your Excess Insurance Program has in the past and continues to withstand the test of time through the test of affordability and availability of protection. ,/ Safety and loss prevention plan which stresses targeted subject risk management centered on your needs in addition to inspection physical facilities. ,/ Cash flow investments to reduce cost. · / Greater control over claims. THE CITY OF DELRAY BEACH -- A DYNAMIC AND COMPLEX RISK MANAGEMENT CHALLENGE Exposure 2003-04 2004-05 Change Property Values $ 79,901,649 $ 89,782,404 12.4%$ Emergency Vehicles 97 83 14%,1, Total Vehicles 329 324 1.5%,~ Projected Payroll $ 33,750,000 $ 35,450,000 5%$ Population 60,000 62,000 3%$ Police Officers 156 156 0 EMTs/Paramedics 26 EMTs 34 EMTs 3%$ 108 Paramedics 104 Paramedics Gross Operating Expenditures $ 63,609,559 $ 92,362,063 45%$ THE CITY OF DELRAY BEACH PROTECTED SELF-INSURANCE PROGRAM PROPOSAL 2004 - 2005 How THE MARKET VIEWS THE CITY OF DELRAY BEACH: o:. The City's Expiring program is both comprehensive and competitive. o:. Stabilization in Claims: The City's claims experience continues to remain stable. We are very pleased with this year's market negotiations. These renewal offerings reflect that the City's Risk Management program is working very effectively. It has enabled us to maintain stability in both premium and retention levels for the 2004-2005 insurance term. Although there are some An overview of this year's market negotiations is as follows: · :o PESLIC Package - despite substantial exposure increases in the areas of property, number of employees and Gross Operating Expenditures, (average 45% increase in exposures) we are very pleased to report that the increase in the package premium is a very moderate 6.7%, which in effect reflects a substantial decrease in the overall package rate. Even considering only the 12.4% increase in property values, the rate reduction in the package would be 5.7%. · :. State National Casualty Package- Like the PESLIC Package, the 6.8% increase in the State National package is in fact a rate reduction from the expiring. · :o Excess Property Program-The City's Total Insurable Values increased by 12.4% for this renewal. We are pleased to report that despite this increase the total renewal premium was reduced by 3.4% resulting in an overall excess property rate reduction of over 15.8%. · :. Excess Crime - the current policy is a multi-year policy with annual anniversaries and there is thus no change in the renewal premium despite a 10% increase in the number of employees. o:. Accidental Death & Dismemberment - this policy reflects a 10% increase in premium, which is comparable to the 10% increase in the City's number of employees. There are 27 more covered employees for this renewal than there were last year. · :- Boiler & Machinery- the City's Boiler & Machinery premium increased by 10.8% this year, this is effectively a reduction of 1.6% in the policy rate. In summary, despite significant increases in the City's exposures to almost 45%, the overall program cost increased a moderate 2.8%. The net result is an approximate 42% reduction in the overall program cost. This is evidence that the City's risk management program is a success since the cost of risk is decreasing as the City's exposures continue to increase. ~666.5923.a~:X: THE CITY OF DELRAY BEACH PROTECTED SELF-INSURANCE PROGRAM PROPOSAL 2004 - 2005 MARKET SOLICITATION INSURANCE COMPANY COVERAGE RESULTS Lloyds of London Package Quoted - Not competitive on excess layer Princeton Excess & Surplus Package Quoted Lines Insurance Company Allianz Insurance Company Excess Property Declined - TIV too small Arch Insurance Company Excess Property Pricing not competitive Axis Specialty Excess Property Pricing not competitive Commonwealth SRO (Fairfax) Excess Property Declined - Catastrophe exposure. James River Ins. Co. Excess Property Pricing not competitive Great American Excess Property Pricing not competitive Essex Insurance Company Excess Property Quoted Herein General Star Insurance Co. Excess Property Declined - Not Competitive Hartford Specialty Ins. Co. Excess Property Declined - No So. FL coastal properties. Lexington Insurance Company Excess Property Quoted Herein Pacific Insurance Company Excess Property Pricing not competitive Landmark American Excess Property Quoted Herein Clarendon Excess Property Pricing not competitive St. Paul/Travelers Excess Property Declined - No So. FL coastal exposures First Specialty Ins. Group Excess Property Pricing not competitive Zurich NA Excess Property Pricing not competitive CNA Excess Property Pricing not competitive One Beacon Excess Property Pricing not competitive Westchester (ACE USA) Excess Property Pricing not competitive i Hartford Life Ins. Co. AD&D Quoted Herein Hartford Steam Boiler Boiler & Quoted Herein Inspection & Insurance Machinery Hartford Fidelity & Bonding Excess Crime Quoted Herein ~ THE CITY OF DELRAY BEACH PROTECTED SELF-INSURANCE PROGRAM PROPOSAL 2004 - 2005 INSURANCE COMPANY SEIJECTION PROPOSED CARRIER RATING AND AI)MITTED STATUS A. M. Bcsl's Raling (l£ffcclivc Date) Admitted/Non-Admitted Lexington Insurance Company A++ XV Non-Admitted Essex Insurance Company A XI Non-Admitted Landmark American Insurance A X Non-Admitted Princeton Excess & Surplus A+ XV Non-Admitted State National Insurance Co A VII Admitted Lloyds of London A XV Non-Admitted Indian Harbor Insurance Co. A+ XV Admitted Hartford A+ XV Admitted AIG Life Insurance Company A++ XV Admitted If the above indicates coverage is placed with a Non-Admitted Carrier, the carrier is doing business in the state as a surplus lines or non-admitted carrier. As such, this carrier is not subject to the same regulations, which apply to an admitted carrier, nor do they participate in any insurance guarantee fund applicable in that state. Guide to Bes! Ratings Rating Levels and Categories Level Catel~ory Level Category Level Category A++, A+ ............... Superior B, B-. ........................ Fair D .................................................... Poor A, A-. ................... Excellent C++, C+ ........... Marginal E ........... Under Regulatory Supervision B++, B+ ............ Very Good C, C-. ..................... Weak F ..................................... In Liquidation S ............................... Rating Suspended Financial Size Categories (In $000 of Reported Policyholders' Surplus Plus Conditional Reserve Funds) FSC I Up to 1,000 FSC IX 250,000 to 500,000 FSC H 1,000 to 2,000 FSC X 500,000 to 750,000 FSC HI 2,000 to 5,000 FSC XI 750,000 to 1,000,000 FSC IV 5,000 to 10,000 FSC XII 1,000,000 to 1,250,000 FSC V 10,000 to 25,000 FSC XIII 1,250,000 to 1,500,000 FSC VI 25,000 to 50,000 FSC XIV 1,500,000 to 2,000,000 FSC VII 50,000 to 100,000 FSC XV 2,000,000 or more FSC VIII 100,000 to 250,000 Best's Insurance Reports, published annually by A.M. Best Company, Inc., presents comprehensive reports on the financial position, history, and transactions of insurance companies operating in the United States and Canada. Companies licensed to do business in the United States are assigned a Best's Rating which attempts to measure the comparative position of the company or association against industry averages. Copies of the Best's Insurance Reports on the insurance companies are available upon your request. Arthur J. Gallagher & Co. uses A.M. Best & Co.'s rating services to evaluate the financial condition of insurers whose policies we propose'to deliver. The rating of the carrier and the year of publication of that rating are indicated. Arthur J. Gallagher & Co. makes no representations and warranties concerning the solvency of any carder, nor does it make any representation or warranty concerning the rating of the carrier, which may change. ~6665923.d0c THE CITY OF DELRAY gEACH PROTECTED SELF-INSURANCE PROGRAM PROPOSAL 2004 - 2005 Account Service Team Members of the Account Service Team maintain a close working relationship with the City of Delray Beach. Year round, team members make certain that someone familiar, responsible and with proper level of authority to act as necessary is always available to respond to your Insurance and Risk Management needs. Our account service team brings to the table many years of experience handling risk management programs for public entities. Arthur J. Gallagher & Company insures more cities, counties, school boards and other governmental bodies than any other broker in the State of Florida. Arthur J. Gallagher & Company, and the City of Delray Beach form a working partnership, with the ultimate goal of improving your program and the products and services that make up your Protected Self-Insurance Risk Management Program. Lisa Rodriguez, ARM · Area Assistant Vice President Mayte Gandulfo, ARM · Account Manager Jackie Gonzalez · Technical Assistant Miami Office Resources/Expertise Gary Van der Voort · Area Chairman · Area President / Director - National Public Gregory S. Butterfield, ARM, CPCU Entity & Scholastic Division Barton Douglas · Area Asst. Vice President of Claims Advocacy James D. Smith · Director - Risk Control Services ~6665923.doc THE CITY OF DELRAY BEACH / - .- PROTECTED SELF-INSURANCE PROGRAM · s PROPOSAL 2004 -- 2005 DISCLOSURES ,,r This propoSal is issued as a matter of information only and does not amend, extend, or alter the - coverage provided by insurance policies. The information contained in this proposal is based on ~ the historical loss experience and exposures that were provided to Arthur J. Gallagher & Co. _ Descriptions of coverage in this proposal have been simplified, and this proposal does not include all the terms, coverages, exclusions, limitations or conditions of the actual contract ' language. The policies themselves must be read for those details. ,,r This proposal is not an actuarial study. Should you wish to have this proposal reviewed by an :" accredited actuary for accuracy of loss projections, adequacy of retention of insurance limits, or - for recommended methods of funding levels, we will be pleased to provide a list of actuaries for this purpose. _. ,r In addition to the fees and/or commissions (only if fee, or fee plus commission) retained by ~ Arthur J. Gallagher & Co., it is understood and agreed that other parties, such as excess and surplus lines brokers, wholesalers, reinsurance intermediaries, underwriting managers, and - similar parties, some of which may be owned in whole or in part by Arthur J. Gallagher & Co.'s ::, corporate parent, may eam and retain usual and customary commissions and/or fees in the course of providing insurance products. Any such fees and/or commissions will be the responsibility of - the client and not of Arthur J. Gallagher & Co. ~ Arthur J. Gallagher & Co. used the information and data supplied by the Risk Management - Department of the City of Delray Beach. Arthur J. Gallagher & Co. takes no responsibility ~' for any incorrect information provided at this time, until such discrepancies can be addressed and worked on prior to binding. Proposal 2004-05 as of 09-16-04.doc Date: O9 / 28/04 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: x Consent Agenda __ Regular Agenda __ Workshop Agenda __ Special Agenda When: 10/05/0/, Description of agenda item (who, what, where, how much): Approval of annual renewal of Property and Casualty Insurance Programs for the period of 10/01/04 - 05 with insurers, coverages and premiums as outlined in the attached memorandum. Department Head Signature: ~.. City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: X Yes / No Initials: Account Nurnber Multiple account numbers Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda:/~ / No Initials: Hold Until: ~~~ ~'~ '-' - Agenda Coordinator Review: Received: [lTV OF DELRI:I¥ BEI:I[H DELRA¥ BEACH AII-AmedcaCity 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444. 561/243-7000 1993 2001 TO: David T. Harden City Manager FROM: ~Robert A. Barcinski ' ~ Assistant City Manager DATE: September 30, 2004 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING OCTOBER 5~ 2004 PROPOSED FY 2005 MAXIMUM RATES - LAKEVIEW GOLF COURSE ACTION City Commission is requested to approve proposed maximum rates for FY 2005 for the Delray Beach Lakeview Golf Course. BACK GR 0 UND Attached is the proposed maximum rate schedule for the Lakeview Golf Course along with a rate comparison for other like golf courses. Rate increases proposed average between 3.2% and 7.1% for a pull cart. Fees proposed are in line with other comparable courses. This course is price sensitive. Also attached is additional information requested by City Commission at your September 21st meeting. Mr. Dubin is available to answer any questions you may have. RE C O MMENDA TION Staff recommends consideration of approval of proposed maximum rates for FY 2005 for the Delray Beach Lakeview Golf Course. RAB/tas File. u: sweeney/agenda Doc:2005 rates lakeview golf course meeting THE EFFORT ALWAYS MATTERS Printed on Recycled Paper Goff & Tennis Management, Development & Consultation A Division of Dubin & Associates Lakeview Rate Philosophy The general philosophy' of Lakeview Golf Club is to serve the public with a first class golf experience at affordable rates, and offer all City' of Delray Beach Residents discounts on golf fees. Our system has ma~mized the number of rounds, while keeping fantastic conditions on the course and having very high customer satisfaction. This has led to solid revenue, and has reciprocal value to our sister Delray Beach facilities. As more people play at Lakeview, they- learn about special offers and upcoming events at Delray Beach Golf Club and Delray Beach Tennis Center, which leads to more memberships, merchandise sales, food & beverage revenue, and ex~posure to our banquet facilities. In addition, we have found that every round at Lakeview amounts to approxim~ately $1.00 in additional revenue (Food & Beverage and/or Merchandise). At Lakeview: we have three seasons: first is the "shoulder" (mid-November to mid-December); followed by "season" (mid-December to mid-April); and £mally "sammer~: (mid-April to mid-November). The dates of these seasons vary from year to year by' a few days, as we often begin a new rate period on a weekend. The shoulder season has rates that range between our summer rates and our season rates. Our experience has taught us that having this season is an effective way of capturing the business of "snow birds", who have just arrived in Florida. Once they have played our course, and become comfortable with our playing conditions and staff, they, will continue to play with us throughout thc "season" at the higher rates. The proposed "maximum' rates at Lakeview have been put together based on the following criteria: · Review of competitive mazket · Past experience · Review of rate increases from previous years · Survey results / comments · Feedback from League Officers Please note that the term "actual" rate differs from thc term "maximum" rate. It has been the policy.' of the City of Dclray Beach Commissioners to approve thc ~maximum" rate for the golf course. This gives the management company' latitude to adjust the actual rates during the season in case of fluctuations in world economy, market conditions; course conditions, and adversc weather or terrorist attacks that may affect tourism. As a general rulc, we tend to keep the "actual" rates very close to thc "maximum" rates. Lakevicw is a tmique course, because of several factors: 1) Leagues: The revenue and rounds for Lakevicw are drivenby league play. These leagues are x:e~~ price sensitive and always complain about rate increases. Many' lcague players also play at Lakevicw throughout the year outside of their league. Last year? due to a minor price increase, the Lakcvicw Men's Golf Association (110 members) threatened to move their business to Sherwood Park. They- voted as an association and decided to stay', and arc now very happy' with thc course. 2) Age: The average age of the regular golfers at Lakeview (other than our Junior Golf League members) is nearly 70 years of age. These customers are typically not wealthy country club members, and are extremely price conscious. When we changed thc cost of domestic beer from $2.00 per can to $2.25, there was a very strong negative rcaction. 1300 Park of Commerce · Suite 272 · Delray Beach, FL 33445 · (561) 265-0255 · Fax (561) 265-2752 Golf& Tennis Management, Development & Consultation A Division of Dubin & Associates 3) Competitive landscape: When we do an anals~is of the competitive market for Lakeview, we always include Boca Raton Executive and Red Reef Park on the spreadsheet. However, the two main competitors to Lakeview have always been Sherwood Park and Marina Lakes, as they are both located within four miles of Lakeview, and cater to the exact same clientele. Last year, Marina Lakes closed and expanded to a par-67 course and has become a semi-private COurse. In 2005, our biggest competitor is Sherwood, which is less than 2 miles away off of Altantic Avenue, between Congress and MilitaD/Trail. In addition, Boca Executive Country Club, near the Boca/Delray Beach border, offers extremely comparable rates to ours. While we monitor the rotes of the Boca Executive course, we pay particular attention to the rotes at Sherwood. As of September 23. 2004, Sherwood Park had still not released their fall or winter rates for 2005. We have enclosed copies of: · Proposed "maximum" rates for 2004-2005 · Competitive survey for 2003-2004 Please note that the survey is for the previous ):ear, as all of the competitive courses stax, eyed have not yet determined their rates for the "shoulder", "season" and "summer" of 2004/2005. The dates of these surveys vao' from year to year, as the surveys take a snapshot of a similar season that may fall on different dates. We have carefully scrutinized our rates and are confident that our proposed maximum rates, which give us the flexibility of raising actual rates up to 5%, v~411 not cause us to lose customers. However, by raising rates above and beyond these figures, we are certain to lose a solid number of leagues to our competition. For fiscal year 2004-2005, we anticipate Lakeview to total roughly 54,000 rounds, with an average rate of roughly $16.00 per round. We estimate that leagues make up nearly 25% of our annual rounds, or 13,500 rounds from league pl~T. In addition, many league members pl~~ outside of the league with their families and friends. By raising rates an additional $1.00 above and beyond the 3-5% raises in rates for 2005, we are confident that we would lose nearly 4,000 rounds of league play (30%) as well as 4,000 rounds of non- league play (8% of the remaining 50,000 rounds of non-league play). This would equal a total of 8,000 rounds lost. The approximate loss of revenue would be as follows: 54,000 rounds X $16.00 (average rate) = $866,000 (as per budget for 2005) - these figures include the 3- 5% raise in rates for 2005. By raising rates an additional $1.00 per round (6.3% above the proposed raises in rates), we can assume: 46,000 rounds (54,000 minus the 8,000 lost by the rate increase) X $17.00 (average rate) = $782,000. The difference would be $84,000 in lost golf revenue and a loss of goodwill with our customers. In addition, we would also lose the approximate $1.00 per round for Food & Beverage and Merchandise, totaling $8,000 in lost revenue. Thus, the total would be $92,000 in lost revenue. Raising rates to this extreme would not only lose rounds and revenue to the competition, but would also negatively impact our best form of marketing, word of mouth. 1300 Park of Commerce · Suite 272 · Delray Beach, FL 33445 · (561) 265-0255 · Fax (561) 265-2752 South Palm Beach - Area Golf Courses Prices/Rates 2003-2004 Lakeview Boca Sherwood Red Reef Boca F, xec Exec Muni Park Country Club Ride 18 Holes 11/15/03 - 12/19/03 -"Shoulder" Resident $22.00 $25.50 $26.00 $25.50 $27.95 Non-Resident $24.00 $27.50 $26.00 $27.50 $27.95 12/20/03 - 4/9/04 - "Seasoft' Resident $27.00 $25.50 $26.00 $25.50 $27.95 Non-Resident $29.00 $27.50 $26.00 $27.50 $27.95 4/10/04 - 11/12/04- "Summer" Resident $13.00 $17.00 $15.00' $17.00 $13.00 Non-Resident $14.00 $22.00 $15.00 $22.00 $13.00 Walk 18 Holes 11/15/03 - 12/19/03 -"Shoulder" Resident $15.50 $16.00 no walk $16.00 $17.95 Non-Resident $19.00 $18.00 no walk $18.00 $17.95 12/20/03 - 4/9/04 - "Season" Resident $17.00 $16.00 no walk $16.00 $17,95 Non-Resident $19.00 $18.00 no walk $18.00 $17.95 4/10/04 - 11/12/04 - "Summer" Resident $10.00 $10.50 no walk $10.50 $10.00 Non-Resident $11.00 $14.00 no walk $14.00 $10.00 All rates include sales tax. **Marina Lakes is no longer a comparable course, as it is no longer an executive length course** !Ii [lTV OF DELRI:IY BEI:IgH DEL£^¥ BEA£H All-AmericaCity 100 N.W. 1st AVENUEI DELRAY BEACH, FLORIDA 33444-561/243-7000 NIF MO DUM 1993 2001 TO: David T. Harden City Manager FROM: ~obert A. Barcinski Assistant City Manager DATE: September 30, 2004 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING OCTOBER 5~ 2004 PROPOSED FY 2005 MAXIMUM RATES - MUNICIPAL GOLF COURSE ACTION City Commission is requested to approve proposed maximum rates for FY 2005 for the Delray Beach Municipal Golf Course. BACKGROUND Attached is the proposed maximum rate schedule for the municipal course along with a rate comparison with other municipal courses. Increases in rates are proposed for prepaid green fees, cart fees, daily greens fees, range balls, and charity cards. Rate increases for prepaid fees are proposed to increase for residents and decrease for non-residents. Other golf rate increases range from -3.4% to 10% and are based on market conditions. Golf fees, except for prepaid green fees, are in line with other golf courses. Additional information and justification is provided as requested at Commission's September 21 st meeting. Mr. Dubin is available to answer any questions. RECOMMENDATION Staff recommends consideration approval of proposed maximum rates for FY 2005 for the Municipal Golf Course. RAB/tas File: u.'sweeney/agenda Doc:2005 rates municipal golf course meeting THE EFFORT ALWAYS MATTERS Pr:nted on Recycled Paper Goff & Tennis Management, Development & Consultation A Division of Dubin & Associates Delray Beach Golf Club Rate Philosophy The general philosophy- of Delray Beach Golf Club is to serve the public a first class golf experience, and offer all City of Delray Beach Residents discounts on golf fees. It is our belief that the club should balance a high volume of play, which satisfies a large segment of our golfer population, with the need to maintain our golf course at a high standard. This has led to solid revenue, and has reciprocal value to our sister Delray Beach facilities. As more people play at Delray Beach Golf Club, they learn about special offers and upcoming events at Lakeview Golf Club and Delray Beach Tennis Center, ~vhich leads to more memberships, merchandise, food & beverage revenue, and exposure to our banquet facilities. In addition, we have found that eve~' round played at Delray Beach Golf Club generates approximately $5.00 in additional revenue ($2.00 in Food & Beverage/Bar/Beverage Can, $1.00 in Driving Range, and $2.00 in Merchandise). At Delray Beach Golf Club, we have three seasons: first is the "shoulder" (mid-November to mid- December); followed by "season" (mid-December to mid-April); and finally "summer" (mid-April to mid- November). The dates of these seasons var), from year to year by a few days, as we often begin a new rate period on a weekend. The shoulder season has rotes that range between our summer rotes and our season rotes. Our experience has taught us that having this season is an effective way of capturing the business of "snow birds", who have just arrived in Florida. Once the)' have played our course, and become comfortable with our playing conditions and staff, the)' will continue to pl~' with us throughout the "season" at the higher rotes. For FY 2003-2004, we budgeted 87,000 rounds at an average golf rate of $19.00. Our budget for FY 2004-2005 calls for 87,600 rounds 0ess than 1% increase in rounds over pre,,4ons year's budget) at an average golf rate of $20.67 (8.8% increase over previous year's budget). These numbers exclude annual permits. The proposed "maximum" rates at Delmy Beach Golf Club have been put together based on the following criteria: · History of rounds · Review of rate increases from previous years · Review of competitive market Please note that the term "actual" rate differs from the term "maximum" rate. It has been the policy of the City of Delray Beach Commissioners to approve the "maximum" rate for the golf course. This gives the management company latitude to adjust the actual rates during the year in case of fluctuations in world economy, market conditions, course conditions, and adverse weather or terrorist attacks that may affect tourism. As a general nde, vve tend to keep the "actual" rates veD~ close to the "maximum" rates. In FY 2003-2004, this was the case for our Resident & County rates during each season, but for the Non- Resident rates, our actual rates were well below the maximum rates. This was due to our review of the rounds throughout the year. For year-end September 2002, 7.4% of our total rounds were Non-Resident rounds. For year-end September 2003, this number dropped to 7.1%. As of August 31, 2004, this number dropped again to 3.9%. 1300 Park of Commerce · Suite 272 · Delray Beach, FL 33445 · (561) 265-0255 · Fax (561) 265-2752 Golf& Tennis Management, Development & Consultation A Division of Dubin & Associates Although the proposed maximum rates reflect fiat-to-negative decreases in Non-Resident maximums, we still plan to raise actual rates from the previous year by 7.5-10% throughout the entire year, thus getting the "actual" rate closer to the "maximum" rate. Our proposed maximum rates for City of Dclray Residents reflects a modest increase, which is vc~' much in line with other municipal golf courses in Palm Beach County. We have carefully scrutinized our rates and are confident that our proposed maximum rates, which give us thc flexibility of raising actual rates up to 10%, will not cause us to lose customers. However, by raising rates above and beyond these figures, we are certain to lose customers to our competition. For fiscal year 2004-2005, wc anticipate Delray Beach Golf Club to total roughly 87,600, with an average rate of roughly $20.67 (8.8% overall increase over previous year's budgeted actual rate average) for a total of roughly $1,810,600 in golf round revenue, excluding annual permits. This includes projected raises in "actual" rates of approximately $2.00 per round for Delray Beach City Residents, raises of approximately $2.50-$5.00 for Palm Beach County Residents and Non-Residents. Wc believe that a comparison of rates to our competition in the attached survey justifies these increases. By raising actual rates an additional 5%, we estimate that we will lose approximately 7,500 rounds (8.6% of total rounds): .. 80;'100 rounds (87,600 minus the %500 rounds lost by the rate increase) X $21.75 (new rate average) = $1,742A75. .. The dflTerence would be $68,425 ($1,810,600 - $1,742,175) in lost golf revenue, and a loss of goodwill with our customers. In addition, we would lose thc approximate $5.00 per round for Food & Beverage~ Driving Range, and Merchandise, totaling $37,500. Thus, the total lost revenne would potentially be $105,925. Raising rates to this extreme would not only lose rounds and revenue to thc competitio~ but would also negatively impact our best form of marketing, word-of-mouth. Annual Permits (Pre-paid greens fees): Our budget calls for maintaining approximately 190 annual permit holders to total roughly $255,000 in revenue. Wc believe that it is important to balance thc needs of our golfers who purchase permits (pre-paid greens fees) with the need of our City to have sufficient tee times available for City- and County residents and tourists. Our budget anticipates that annual permit rounds will approximate 24% of the total annual rounds (21,900 rounds). We have enclosed copies of: · Proposed "maximum" rates for 2004-2005 · Competitive survey for 2003-2004 · Actual rounds breakdown for year-end 2002 vs. 2003 · Actual round breakdown for year-end 2004 (up to August 31, 2004) Please note that thc survey is for thc previous year, as ail of the competitive courses surveyed have not yet determined their rates for the "shoulder', "season" and "summer" of 2004/2005. The dates of these surveys vao' from year to year, as the surveys take a snapshot of a similar season that may fall on different dates. In sunnnmT, we anticipate that the proposed maxinmm rate structure will allow the management team the opportunity to meet or exceed our budgeted rounds and revenues, as well as the flexibility to increase actual rates in line with our competition, if necessary. 1300 Park of Commerce · Suite 272 · Delray Beach, FL 33445 · (561) 265-0255 · Fax (561) 265-2752 89/25/2884 21:21 5612437386 DELRAY BEACH GOLF PAGE 82/82 _.___~ GOLF COURSE ~URVEY' .... t MUNICIPAL GOLF COURSES 2003-2~;)04 '-'__ ................. · ( ALL RATES HAVE TAX INCLUDED ) ......... BOCA BOYNTON WEST PALM I-~ORTH PALM 'ALM BEACH DELRAY LAKEWORTH MUNICIPAL MUNICIPAL BEACH BEACH GARDENS. 8F, ACH PERM, IT ~iN~U=_"7~ES ~es.oo e~.oo ~'7.~..~_,~'?~_/.2 ~_~.Oo" 1__d!~:~-ee~.00'-- SINGLI-'- NON RES _..~.,223,24 N/A 1,257:.!.B___ 1,g.2.7.08 .... 1,166,00 .. 2,178,30 I,(~60,00 ~;adVltL'( RES 1,303.80 ... NIA NIA 1,929.20 1,563,5.0 .._ 1,749.00. NIA -'AMIL'~'~ON RES 1,931.33 N/A N/A 3,222.40. 1,881.50 2,7,56..00 N/A __ BAa S 7'O~aE e0.00" 100[~0 79,00 100.00 N~A ~4.80 -~0_:?0 ,,. CHAR,'?'Y CARD 22.00 ~ NIA 2~,00 ~5,~;$ ... -,5,0_0 .... 23,50 AND C ,liRT FEE ~-'~.:iW~ ~ ....... -- ........ _ ............ ~-~ ....... 4~.00 49.00 4~.00 .... i ~4.00..37~°6' _.~3":00 NON F$ .54.00 49.00 4g..00._~.~ I..... 67.0._._~0 _ 44,00 52,00 ...... .44.00 NOV,DI='C&API~IL .... RES '--' 42,00 49.00 49,00 44:00 37.00 "~_...~e.o.0__ 44.0.0 .... NoN i~S __:___~..=~ ....... ~.,.0.o ?.o_o___.i .... 67.00 44.00 42.00.... 44.00 MAY-',)CT RES. 27.50 27.B0 41.00 30.00 26,00 22,00 25.00 NON .ES.! 34.00 .. 27.80 41.00 .. 30..__~00 .. 31.00 ..... 25.00 25,00 wAuci~v~ ~E I ........ J,AN-I~/I~RCH ....... ~i=--s- ....... ~_~,~e , ~e,oo ~5.0o ..... ~_____s?o !~i0o .... lZ~_ ~.oo ..... NON ~[S 2e.so 16.00 25.00 25.50 15.00 27,00 _. 34.00 NOV, ~C&APRIL RES 22.2e ~6._00 ..... 25.00 ..... ~..?.~.00 .~s.oo 19:..00 3~.00 .... NON Fl,ES 26.50 16.00 25.00 ~ 23.00 18.00 14.00 ! 34.00 ~y_~ ............ R~s ~3.2~ 12.oo 18.oo lO.OO 1~:oo ......lO, Oo'' iS. OD NON FILS 18.00 12.00 -" 16:00 ...... 14.00 .... 16.00 12.00 DELRAY BEACH GOLF CLUB SEP 2003 DELRAY BEACH GOLF CLUB i I I Sep-03 Sep-02 Sep-03 Sep4)2 THIS YEAR LAST YEAR NUMBER O,F ROUNDS THIS MONTH LAST YEAR TO DATE TO DATE 18 HOLE PERMIT 405 1332 15016 23872 18 HOLE RESIDENT 258 754 9062' '13877 18 HOLE COUNTY RESIDENT 132 643 2879 6142 18 HOLE NON RESIDENT 66 194 4~':> ~ !9 HOLE PERMIT 20 63 816 1455 9 HOLE RESIDENT 7 49 330 493 9 HOLE NON RESIDENT 0 37 47 338 '9 HOLE PERMIT WALK 50 131 2403 3117 9 HOLE RESIDENT WALK 39 449 3111 5168 9 HOLE COUNTY RESIDENT WALK 6. 17 163 391 9 HOLE NON RESIDENT WALK 0 "3 ' 26 454 18 HOLE CHARi'TY CARD 196 594 1075 3676 MONDAY SPECIAL 0' 0' 0 1121 COUPON 0 0 0 605 CART FEE · 41 141 1578 1504 SPECIAL AFTER 12:00'RATE 331 0~ 6455 2351 SPECIAL AFTER 4:00 RATE 135 273 3459 1247 EARLY BIRD 0 0 1258 0 ADVANCED TEE TIME 0 0 0 63 $2.00 JUNIOR 20 237 984 2172' SKINS GAME 44 151 1311 1028 LEAGUE 18 497 313 4572 GOLF/BOX LUNCH 0 481 490 1828 NINE & DINE 29 117 236 700 NUMBER OF TOURNAMENTS 2 5 14 16 TOURNAMENT ROUNDS 221 1~3 1460 1232 TOTAL ROUNDS 201S 6336 _ ~, ~.~83605_ Page 2 of 2 10/17/2003, 1:34 PM DELRAY BEACH GOLF CLUB AUG 04 DELRAY BEACH GOLF CLUB Course closed last:year as of' 5/6103 Aug-04 Aug-03 Aug-04 Aug-03 YEAR TO NUMBER OF ROUNDS MONTH MONTH IYEAR TO DATE DATE 18 HOLE PERMIT 961 0 18339 14611 '18 HOLE RESIDENT 5 0 11081 8804 18 HOLE COUNTY RESIDENT 932 0 7221 2747 18 HOLE NON RESIDENT 0 0 ~---~.3..!.2~:~ 3960 9 HOLE PERMIT 86 0 1028 796 9 HOLE RESIDENT 121 0 3311 323 9 HOLE NON RESIDENT 145 0 2383 47 9 HOLE PERMIT WALK 101 0 2360 2353 9 HOLE RESIDENT WALK 45 0 2231 3072 9 HOLE COUNTY RESIDENT WALK 2 01 460 157 9 HOLE NON RESIDENT WALK 28 01 462 26 18 HOLE CHARITY CARD 487 0~ 3383 879 BEFORE 8/AFTER 2 0 0 381 01 RESIDENT 18.00 238 0 965 RESIDENT 20.00 29 0 773 0' RESIDENT 22,00 883 0 3005 0 · - TWILIGHT 0 - 0 1068 0 CHAMBER 22 0 74 0 CART FEE 76 0 1306 1537 GOLF/BOX LUNCH 15 0 55 0 SPECIAL AFTER 12:00 RATE 0 0 6507 6124 -. SPECIAL AFTER 4:00 RATE 0 0 1375 3324 EARLY BIRD 0 0 0 1258 ADVANCED TEE TIME 0 0 2 0 $2.00 JUNIOR 122 0 1183 964 SKINS GAME 210 0 2351 1267 LEAGUE 622 0 3914 295 NON RESIDENT 23.00 1591 0 1193 490 NINE & DINE 72 0 572 207 NUMBER OF TOURNAMENTS 2' 0 18 12 TOURNAMENT ROUNDS 186 0 1624 1239 i TOTAL ROUNDS 5547 0 ~-7973-~1: ') 54480 'l Page 2 of 2 9/15/2004, 11:00 AM £1TY OF I)ELI:II:IY BEI:I£H DELRAY BEACH AII-AmeficaCity ~00 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444. 561/243-7000 1993 2001 TO: David T. Harden City Manager FROM: ~45~ Robert A. Barcinski ~"/ Assistant City Manager DATE: September 30, 2004 SUBJECT: AGENDA CITY COMMISSION MEETING SEPTEMBER 21~ 2004 PROPOSED MAXIMUM RATES FY 2005 - TENNIS FACILITIES Action City Commission is requested to approve proposed maximum rates for the Tennis Facilities for FY 2005. Background Attached are proposed maximum rate increases for Tennis Facilities for FY 2005 along with rate comparisons with other facilities. Proposed rate increases for membership range from 0% to 4.0%. Increases are also proposed for court use and light use. All rate increases proposed are based on market conditions. Additional information and justification is provided as requested by City Commission at the September 21st meeting. Mr. Dubin is available to answer any questions. Recommendation Staff recommends consideration of approval of proposed maximum rates for the Tennis Facilities for FY 2005. RAB:tas File: u: sweeney/agenda Doc: 2005 rates tennis facilities meeting ~ Pr~nted on Recycled Paper THE EFFORT ALWAYS MATTERS (~__. Golf& Tennis Management, Development& Consultation A Division of Dubin & Associates Delray Beach Tennis Center Rate Philosophy The general philosophy of the Delray Beach Tennis Center is to serve the public a first-class tennis experience, and to offer affordable tennis to a wide segment of our tennis population. Our rate structures offer discounts for Cie' of Delray Beach Residents. In addition, we offer further rate reductions if people pla)' in the afternoon or on our hard courts. It is our belief that the club should balance a high volume of play with the need to maintain the courts at a high standard. As more people play at the Delmy Beach Tenms Center, they learn about special offers and upcoming events at Lakeview Golf Club and Delray Beach Golf Club. In addition, the)' will also become involved in our lesson programs, which will benefit both the teaching pros and the City. of Delray Beach with incremental revenue. At Delray Beach Tennis Center, we have two seasons: "Season" (November 1 - April 30) and "Summer" (May 1 - October 31). We offer either an annual membership, or a summer membership to promote play off-season. Our FY 2004-2005 budget anticipates that we will sell 426 memberships ($150,000 in revenue). This gives us an average of $352 per member. In addition, our budget calls for us to generate approximately $86,000 in court fees and $250,000 in gross lesson income. The proposed "maximum" rates at the Delray Beach Tennis Center have been put together based on the following criteria: History of plays · Review of rate increases from previous years · Review of the competitive market Please note that the term "actual" rate differs from the term "maximum" rate. It has been the poli%' of the City of Delray Beach Commissioners to approve the "maximum" rates for the Tennis Centers. This gives the management company latitude to adjust the actual rates during the season in case of fluctuations in the world economy, market conditions, course conditions, and a~:erse weather or terrorist attacks that may affect tourism. As a general rule, other than lesson rates, the "actual" rates are the same as "maximum" rates. The Delray Beach Tennis Center is unique, because of several factors: Lessons: We offer lesson programs for juniors, adults, men, women, and inner-city children - these programs range in ability from beginner to advanced Memberships: We offer incentives for people to become members by offering priority court reservations, discounts on lessons and clinics, and discounts on special events and tournaments · Leagues: All ladies participating in the South Palm Beach Count)' Women's Tennis Association league must be members of our tennis center. Presently, we have approximately 125 ladies who are members · Competition: Although we track rates, plays and memberships for all of the competitive municipal tennis centers in Palm Beach County, experience tells us that tennis players will not drive more than 15 minutes for a tennis court or lesson 1300 Park of Commerce · Suite 272 · Delray Beach, FL 33445 · (561) 265-0255 · Fax (561) 265-2752 Golf& Tennis Management, Development& Consultation A Division of Dubin & Associates According to the attached rote survey, we find that the Delray Beach Tennis Center is at the high end for Resident and Non-Resident rotes in all areas compared to other municipal tennis operations. Although private tennis clubs are not direct competitors to the Delray Beach Tennis Center, it is'important to note that some clubs allow Non-Resident single memberships for a fee between $700 and $1,500 per annum. The Delray Beach Tennis Center is recognized as one of the finest municipal tennis centers in South Florida. We believe that our proposed "maximum" rates are in hne with the quality of the courts and services offered, and allow us to attain sufficient revenues to minimize our annual cash shortfall. We have carefully scrutinized our rotes and are confident that our proposed maximum rates will not cause us to lose memberships, court fees, or lesson revenue. It is our plan to raise the actual fees between 3-5%. By raising actual rotes an additional 5%, we estimate that we will lose approximately 50 members (11%). The ladies leagues would account for a large portion of these members: 426 members X $352 (average member rote with our budgeted increases of 3-5%) = $150,000 376 members (426 minus 50 lost members) X $370 (new average increased by an additional 5%) = $139,120 The difference would be $10,880 in potential lost membership revenue ($150,000 - $139,120). In addition, these members typically average one lesson or climc eveo' two weeks. This amounts to 1,300 total lessons/clinics lost, at an average rate of $25.00 per (private lessons are $50, while chnics are $15). Thus, we could potentially lose $32,500 in lost lesson revenue (13%). Thus, the total gross loss would be $43,380. In addition, there would be some attrition from the daffy court fees and merchandise, but this calculation would be extremely arbitral. In sunmm~,, we are confident flint our proposed rotes are in line with our competition, ~vill promote goodwill with our members and open players, and will allow us the opportunity to meet budget. 1300 Park of Commerce · Suite 272 · Delray Beach, FL 33445 · (561) 265-0255 · Fax (561) 265-2752 4119/2004 '- DELRAY BEACH TENNIS CENTER - FISCAL YEAR 2004-2005 PROPOSED MAXIMUM MEMBERSHIP RATES TYPE OF ANNUAL MEMBERSHIP (1011104-9130105): EXISTING PROPOSED % INCREASE RESIDENT SINGLE $ 285.00 $ 295.00 3.5% FAMILY $ 430.00 $ 445.00 3.5% JUNIOR $ 50.00 $ 50.00 0,0% HIGHLAND BEACH RESIDENT SINGLE $ 390.00 $ 405.00 3.8% FAMILY $ 545.00 $ 565.00 3.7% JUNIOR $ 75.00 $ 75.00 0.0% NON-RESIDENT SINGLE $ 495.00 $ 515.00 4.0% FAMILY $ 675.00 $ 700.00 317% JUNIOR $ 100.00 $ 100.00 0.0% TYPE OF SUMMER MEMBERSHIP (511105-9130105): EXISTING PROPOSED % INCREASE RESIDENT SINGLE $ 115.00 $ 120.00 4.3% FAMILY $ 180.00 $ 185.00 2.8% JUNIOR $ 35.00 $ 35.00 0.0% HIGHLAND BEACH RESIDENT SINGLE $ 150.00 $ 155.00 3.3% FAMILY $ 225.00 $ 235.00 4.4% JUNIOR $ 45.00 $ 45.00 0.0% NON-RESIDENT SINGLE $ 185.00 $ 190.00 2.7% FAMILY $ 265.00 $ 275.00 3.8% JUNIOR $ 55.00 $ 55.00 0.0% NOTE: MEMBERSHIP RATES LISTED ABOVE DO NOT INCLUDE 6% FLORIDA SALES TAX. FAMILY = HUSBAND, WIFE AND CHILDREN EITHER UNDER THE AGE OF 18 OR UNDER THE AGE OF 21 AND ATTENDING SCHOOL ON A FULL-TIME BASIS. LCB, TC RATES 03-04, Membership Rate~:~ 4/19/2004 DELRAY BEACH TENNIS CENTER - FISCAL YEAR 2004-2005 PROPOSED MAXIMUM DAILY RATES COURT FEES - CLAY COURTS (PER PERSON) COURT TIMES: COURT TIMES: MORNING/EVENING AFTERNOON NOV. I -APRIL 30 .EXISTING PROPOSED % INCREASE EXISTING PROPOSED % INCREASE CITY RESIDENTS ADULTS $7.75 $8.00 3.2% $6.00 $6.25 4.2% JUNIORS $5,00 $5.25 5.0% $3.50 $3.75 7.1% COUNTY RESIDENTS ADULTS $9.75 $10.00 2.6% $7.50 $7.75 3.3% JUNIORS $7.00 $7.25 3.6% $4,50 $4.75 5.6% NON-RESIDENTS ADULTS $13.00 $13.50 3.8% $9.50 $10.00 5.3% JUNIORS $9.00 $9.25 2.8% $6.50 $6.75 3.8% MAY 1 - OCT. 31 EXISTING PROPOSED % INCREASE EXISTING PROPOSED % INCREASE CITY RESIDENTS ADULTS $7.25 $7.50 3.4% $5.50 $5.75 4.5% JUNIORS $3.50 $3.75 7.1% $2.50 $2.75 10.0% COUNTY RESIDENTS ADULTS $8.75 $9.00 2.9% $6.50 $6.75 3.8% JUNIORS $5.00 $5.25 5.0% $3,50 $3.75 7.1% NON-RESIDENTS ADULTS $11.25 $11.50 2.2% $8.00 $8.25 3.1% JUNIORS $7.25 $7.50 3.4% $5.00 $5.25 5.0% All PRICES INCLUDE 6% FLORIDA SALES TAX LCB, TC RATES 03-04, Clay Cour~s(~ 5/17/2004 DELRAY BEACH TENNIS CENTER - FISCAL YEAR 2004-2005 PROPOSED MAXIMUM DAILY RATES COURT FEES - HARD COURTS (PER PERSON) COURT TIMES: COURT TIMES: MORNING/EVENING AFTERNOON NOV. 1 - APRIL 30 EXISTING PROPOSED % INCREASE EXISTING PROPOSED % INCREASE CITY RESIDENTS ADULTS $5.00 $5.25 5.0% $4.00 $4.25 6.3% JUNIORS $3.00 $3.25 8.3% $2.50 $2.75 10.0% COUNTY RESIDENTS ADULTS $6.00 $6.25 4.2% $5.00 $5.25 5.0% JUNIORS $3.00 $3.25 8.3% $3.00 $3.25 8.3% NON-RESIDENTS ADULTS $7.00 $7.50 7.1% $6.00 $6.50 8.3% JUNIORS $4.00 $4.50 12.5% $3.50 $4.00 14.3% '"" MAY 1 - OCT. 31 EXISTING .PROPOSED % INCREASE EXISTING PROPOSED % INCREASE CITY RESIDENTS ADULTS $2.50 $2.75 10.0% $2.50 $2.75 10.0% JUNIORS $0.00 $0.00 0.0% $0.00 $0.00 0.0% COUNTY RESIDENTS ADULTS $4.00 $4.25 6.3% $3.50 $3.75 7.1% JUN IORS $2.00 $2.25 12.5% $2.00 $2.25 12.5% NON-RESIDENTS ADULTS $4.50 $4.75 5.6% $4.00 $4.50 12.5% JUNIORS $2.50 $3.00 20.0% $2.50 $3.00 20.0% ALL PRICES INCLUDE 6% FLORIDA SALES TAX LCB, TC RATES 04-05, Hard Courts "" 4/21/2004 DELRAY BEACH TENNIS CENTER - FISCAL YEAR 2004-2005 PROPOSED MAXIMUM MISCELLANEOUS RATES EXISTING PROPOSED % INCREASE LIGHTS (1 1/2 HOURS) $4.72 $5.19 10.0% LOCKER RENTAL (MONTHLY) $10.00 $10.00 0.0% LOCKER RENTAL (YEARLY) $30.00 $30.00 0.0% BALL MACHINE RENTAL (PER HOUR) $10.00 $10.00 0.0% RACQUET RENTAL $5.00 $5.00 0.0% MISCELLANEOUS RATES DO NOT INCLUDE 6% FLORIDA SALES TAX PRIVATE LESSON RATES: EXISTING PROPOSED % INCREASE ONE-HALF HOUR: MEMBERS $31.00 $31.00 0.0% COUNTY RESIDENTS $37.00 $37.00 0.0% NON-RESIDENTS $40.00 $40.00 0.0% JUNIORS $26.00 $26.00 0.0% ONE HOUR: MEMBERS $55.00 $55.00 0.0% COUNTY RESIDENTS $62.00 $62.00 0.0% N O N-R E S I D E NTS $72.00 $72.00 0.0 % JUNIORS $43.00 $44.00 2.3% LCB, TC RATES 04-05, Misc Rates Tennis Facility Monthly Report Delray Beach Tennis Center Month Month YTD YTD Audi-04 Audi-03 Audi-04 Aug-03 Membership $ (295) $ 295 $ :/3,055 $ ~71,808 Lessons $ 14,050 $ 15,782 $ 226,083 $ 213,247 Rentals $ 10 $ 50 $ 960 $ 884 Commissions $ 67 $ 1,141 $ 11,777 $ 7,512 Admissions $ 1,877 $ 1,814 $ 47,394 $ 37,728 Merchandise $ 722 $ 1,471 $ 19,139 $ 20,003 Lights & Misc. $ (208) $ 688 $ 4,399 $ 8,083 League & Tournament $ 1,779 $ 2,177 $ 31,075 $ 32,070 Ticket Sales $ - $ $ $ DBTCmotal $ 18,002 $ 23,418 $ 413,882 $ 391,335 Delray Swim & Tennis Club Month Month YTD YTD Auq-04 Aug-03 Audi-04 Audi-03 Membership $ - $ $ :/3,346 $ :/0,689 Lessons $ 4,331 $ 440 $ 30,274 $ 26,708 Rentals $ - $ $ $ Commissions $ - $ Admissions $ 570 $ 506 $ 35,557 $ 30,468 Merchandise $ 275 $ 94 $ 3,518 $ 2,446 Lights & Misc. $ - $ $ 123 $ 5 League & Tournament $ 1,105 $ $ 9,900 $ 845 Ticket Sales $ $ $ DS&TCTotal $ 6,281 $ 1,040 $ 152,718 $ 131,161 Combined Totals Month Month YTD YTD Auq-04 Audi-03 Audi-04 Aug-03 Membership $ (295) $ 295 $ 1;~6,401 $ 1~,2,497 Lessons $ 18,381 $ 16,222 $ 256,357 $ 239,955 Rentals $ 10 $ 50 $ 960 $ 884 Commissions $ 67 $ 1,141 $ 11,777 $ 7,512 Admissions $ 2,447 $ 2,320 $ 82,951 $ 68,196 Merchandise $ 997 $ 1,565 $ 22,657 $ 22,449 Lights & Misc. $ (208) $ 688 $ 4,522 $ 8,088 League&Tournament $ 2,884 $ 2,177 $ 40,975 $ 32,915 Ticket Sales $ - $ $ $ Combined Total $ 24,283 $ 24,458 $ 566,600 $ 522,496 In Dec-03 the City posted $2,408 for commission on Coke products sold during last years' International Tennis Championships. Per Becky O'Connor, the Coke commissions were coded to Tennis Facility income because that is where commissions are budgeted. Per Becky O'Connor, commissions for March-04 include $7,500 from Coca-Cola. Membership is ($295) due to correcting a membership posted in July-04 that was for 04-05 FY. Lights & Misc is ($208) because this is the line item that is used to post gift certificates against and this month we had more gift certificates redeemed than misc sales. 9/15/2004, 4:25 PM ~',,~ ' Tennis Facility Monthly Report Number of Players Delray Beach Tennis Center Month Month YTD YTD Aug-04 Aug-03 Aug-04 Aug-03 Member 1,173 1,116 15,954 14,386 Resident 171 157 2,307 1,871 County 109 132 2,922 2,485 Non-Resident 10 35 735 713 Programs 611 1,162 16,425 18,016 DBTC Total 2,074 2,602 38,343 37,471 Delray Swim & Tennis Club Month Month YTD YTD Aug-04 Aug-03 Aug-04 Aug-03 Member 280 371 8,288 8,911 Resident 38 38 3,352 3,116 County 71 14 826 579 Non-Resident 2 18 396 740 Programs 607 89 9,067 6,451 DS&TC Total 998 530 21,929 19,797 Combined Totals Month Month YTD YTD Aug-04 Aug-03 Aug-04 Aug-03 Member 1,453 1,487 24,242 23,297 Resident 209 195 5,659 4,987 County 180 146 3,748 3,064 Non-Resident 12 53 1,131 1,453 Programs 1,218 1,251 25,492 24,467 Combined Total 3,072 3,132 60,272 57,268 9/14/2004, 3:02 PM Delray Beach Tennis Facilities Membership Update Report Period Ending Beg. Total # # of Sold 2004 YTD Total/t Year 2003 Ending , T~ r,- Me. mberships Members_hips Memberships Total Memberships Resident - Single 209 209 217~ Resiclent: Junigr .... 4 - 4 2 Resident - Family 69 - 69 66_ Non. Resident - Sin~lle ~ 82 82 76 Non-Resident - Junior . 3 Non-Re. siden.t - Family 12 - 12 1 Highland. Beach -Sin. gle 19 .- 19 ,. 16~ Highl.a,,nd Beach - Junior - . . Highland Beach - Family ,, 3 . ,- .. 3 3 S,t. Tropez Members,. 5 ,. 5 2 Summer Resident Singl.e 25 .25 . . Summer ResiCent Junior 2 2 ISummer Re. siden! Famil. y 8 8 . 4 Summer Higlllend Beach Single. - . . . 1 Summer Hi~ihland Beach Junior . , . - _ ~Summer Highland Beact~ Family .- . 8 Summer Non-Resident Sin. cjle 10 .... 10 1 !Summer Non-Resident Junior I. .. 2 2 2 Summer Non-R.esident..Family 1 1 I. TOTAL . 451 I.. 451 436 [IT¥ DF DELRR¥ BER[H DELRAY BEACH J~JI-Amb~l~CJ~j 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 - 561/243-7000 1993 2001 TO: David T. Harden City Manager FROM: ~ Robert A. Barcinski Assistant City Manager DATE: September 27, 2004 SUBJECT: AGENDA CITY COMMISSION MEETING OCTOBER 5~ 2004 APPROVAL PERFORMANCE MEASURES - GOLF COURSES AND TENNIS FACILITIES Action City Commission is requested to consider approval of performance measures for fiscal year 2004-05 for the Municipal and Lakeview Golf Courses, and the Tennis Facilities Background Attached are proposed performance measures for the Municipal and Lakeview Golf Courses, and Tennis Facilities for FY 2004-05. Per the terms of the management agreement the performance measures (i.e. goals and objectives) are to be approved by City Commission. The performance measures proposed are based on the goals and objectives approved in the FY 04-05 budget, as well as other agreed upon tasks. The performance measures approved will be the basis upon which a bonus would be paid. These performance measures were submitted with the Request for Proposals for the Golf Courses and Tennis Facilities. Recommendation Staff recommends consideration approval of the proposed performance measures for the Municipal and Lakeview Golf Courses, and Tennis Facilities for FY 04-05. RAB:tas Filc:u:sweeney/agenda Doc: golf performance measures 2004-05 THE EFFORT ALWAYS MATTERS C~. " u~ ~ EE o CC> ~ U'7, 0 v o o~ ~ ~6 o ~ 0 0 ~ '-- ~ ~ ~ .-- ~ ~ ~.~ ~ --- ~ ~ ~ o *[IT¥ DF DELRI:I¥ BERI:H DELRAY BEACH AlI-Amel~l~aCit¥ 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 * 561!243-7000 1993 TO: David T. Harden, City Manager 2001 FROM: (~J~[~Robert A. Barcinski, Assistant City Manager DATE: September 30, 2004 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING OCTOBER 5, 2004 SPECIAL EVENT REQUEST - CHRISTIAN RAP/HIP HOP CONCERT ACTION City Commission is requested to consider approval of a proposed Christian Rap/Hip Hop Concert sponsored by the Outside the Walls Ministries, Inc. to be held at Pompey Park on October 31, 2004 from 3:00 p.m. to 7:00 p.m. and to approve a temporary use permit per LDR'S Section 2.4.6(H) for the use of the park and staff assistance for security and traffic control, trash removal and clean up, event signage and use and set up of the small City stage. BACK(tROUND Attached is a letter, permit application, site plan, and budget for this event received from Mr. William N. Griffin, Jr. This request was reviewed by our departmental staff. Staff primary concerns include limited parking and impacts of noise on the surrounding residential communities. In addition, the Director of Parks and Recreation does not want to allow the placement of vendors, amusement rides, bleachers or stage on the outfield grass. Attached is a letter I sent to Mr. Griffin indicating that we did not feel Pompey Park was a suitable location and suggested the Tennis Center or Old School Square. Mr. Griffin still wanted to proceed to Commission level with this request but also indicated that he would try to discuss his proposal with Mr. Dubin. The estimated City costs for this event are $3,500 for staff overtime, $250 for stage rental and $250 for signage. Per event policies and procedures the event sponsor would not be required to pay for any of these costs. RECOMMENDATION Staff recommends denial of this event request at Pompey Park. If however Commission is inclined to approve the request we would recommend the following conditions: 1. Receipt of certificate of insurance and hold harmless agreement by 10/21/04 2. Relocation of all activities off the outfield area to an area agreed to by staff r'~ t1~) Pr, n~o-~.~,.~.~ THE EFFORT ALWAYS MATTERS ~ G 3. Receipt of letters of support from the Presidents of the Neighborhood Associations around the Park RAB/tas File:u:sweeney/events Doc: Agenda Christian Rap Hip Hop Concert .- Outside tf e q/ a£ s [inistries, [nc , "Impacting our Communities, Outside the g~'alls of the Church." 777 E. ,4tlantie Ave Suite C2 PMB #164 Delray Beach, FI. 33,183-$360 561-251-9090 www.otwm.org emaii:william~,otwm.ore September 7, 2004 City of Delray Beach 100 NW 1 st Ave Delray Beach, FL 3444 To Whom It May Concern: On Sunday evening October 31, 2004, I will like to host a Christian Rap/Hip Hop concert/festival at the Pompey Park Field. This will be a positive, family oriented, non violent, non alcoholic event. This will be open to all ages, but my target group is the 13- 24. I'm aware of thc security concerns, thus I'm willing to pay the necessary costs to secure this event. Included with this letter is the Special Events application that I need to submit to use City Services, a copy of my acknowledgement letter from the IRS about my 501c (3) and a check payable of $100.00 to the City of Delray Beach. I'm also aware o£ other paperwork that I need to submit and I will send it to you, even my proposed budget within 45 days prior to the event. Soon, I also will be contacting your office because I have further questions about the Special Event application. Can you please contact me with the exact fees like stage & concession stand usage so I could include the costs in my budget? Finally, I also submitted the field usage application to the Parks and Recreation Department. If you have any further questions, please feel free to call or e-mail me. Sincerely, President/Founder '~'~- lo [ ~004 Outside the Walls Ministries, Inc. City of Delray Beach Special Event Permit _._ ~: Application '~t1-~: PLEASE TYPE OR PRINT 1993 2001 Event Name/Title: C}hci$-H (.,.n. ~0 ? ~' P //7~3P Event Time(s): _~;LT) p~ - ~ :L.~D 19 Event SponsodProducer: ('~+5,~1~ -/-t.o ~q. tL~ Mi',~$~>e3 Event Contact/Coordinator: ~/t]; ] 1} q~'~ I~ (r,'¥f~r~ Name: Address: Io-(~ /x~'t,x) Telephone Number: E-mail Address: Event ~escription/P~o~: / (.4~ ~~c.~ ~ · Sponsor Category (please check)City rMqfon-prOfit/Charitable [] Private Co-Sponsor- Non-Profit/Private [] (If Non-profit attach proof of 50~ c(3) or (d)) Event Location (Describe area boundaries of event/location): Po~ P~cx/ Ml~t Ho~,,~ Ft~tJ Site plan attached yes "' no (Site plan required for entire event site) Event budget attached yes no (Required for all events) Serving or selling alcoholic beverages yes no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) ! , Event certificate of insurance attached yes no (Required two (2) weeks prior to event naming the City as additional insured, also require~e_.d fo_r vendors) Playing of amplified music yes no (Waiver requirc~i) Requesting Police assistance yes ~ no (traffic control/security) Will supplement with private security yes no (If yes, need plan attached) Requesting Emergency Medical assistance yes no Requesting barricade assistance yes no Requesting trash removal/clean up assistance yes. no Requesting trash boxes and liners yes v"""~'~ no Requesting stage use yes I,,"'"' no (If yes, check type) Large stage covered Large stage no cover [] Small stag Half small stage [] Requesting signage yes no Type: Event sign ~_. Directional signs Banner hanging. ~ Indicate dates required (Waiver required if more than one (1) week prior to event) Food and beverage vendors yes no If yes, approximate number Health Department approval yes no Other vendors yes no ~~" Tents yes no (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides yes P'"' no ,/~lf yes, type and location and~copy of liability insurance required) ent be gated :'--') yes no (Show on-site map) Will there be fireworks or other pyrotechnics yes no (If yes, contact Fire Marshall) Will there be cooking with compressed gas'" yes no (If yes, contact Fire Marshall) Will you be providing port-a-lets for the event yes no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Will there be a charge for the event yes no (If yes, indicate ticket prices) Is reserved parking requested yes no~','~'r' (If yes, indicate locations) /Event Contractor/Coordinator Date Please print:~Ji~ I i~,~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Sta'ff Use O_r~y Date Received~ Site map . ~._.~__~~N- Budget " Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval SEP-14-04 05:30A~ FRO~ T-IT8 P.005/005 F'941 SEP-14-04 08:30AM FROM- T-178 P.003/005 F-841 Outsi the apls Ministries, Proposed Budget for Ch~fstian Hip/Hop Festival ( Title: Trick or Treat RaplHip Hop Festival) Sunday, October 3~, 2004 3:00 PM -7:00 PM Pompey Park Athletic Field The Carriers of the Cross Rap Group $1,000.00 Stage Rental Including Setup (~""~,~1 ~-t ~ ~ ~.~ $2S0.00 Seating Rental Inclunding Setup (Fiesta Rental) $1,200.00 Field Rental Don't know price Concession Stand Rental Don't know price Bounce House Rental $200.00 Security (5 Officers at $25.00/hr for 3 Hours) $37~;.00 Sound $500.00 Lighting 2 Hours 6 pm-Spin) $14.00 Promotions: Radio Prices not Set Flyers $100.00 Signs for Atlantic & Linton $300.00 Souvenir Ad Book Pn'nting $200.00 Food (Donated Items):: Hot Dogs Sausages I~urls Soda Halloween Candy $EP-14-04 08:30A~ FR0~ T-178 P.004/005 F-941 Condiments · Mayonnaise $50.00 Ketchup $50,00 Mustard $50.00 Relisl~ $25.00 Total Expences: $4,314.00 Gifts to Be Donated for Prize Giveaways: Motor Scooters Bicycles Sporting Events: Miami Heat Games Miami Dolphin Games Florida Marlin Games Various Children items for Best Costumes Revenues: Hot Dogs or Sausages sale $750.00 Total Reveeue generated from Food/Soda sales: $750,00 Fundrasing (including not limited to the following): $4,500.00 Solicitation $3,000.00 Ads for Sovinier book Prices not set Banner (Fence) Ads Prices not set Vendor Booths at Festival Prices not set Total Fundraising Revenue: $4,500.00 Total Revenue Generated: $5,250. O0 Expences. Revenue $936.00 Remaining funds (ff any) will be used for future Ministry Events £1TV OF DELI:I~ BEI:I£H DELP.^Y BE^CH A~-Ame~caCi[I/ 100 N.W. 1st AVENUE - DELRAY BEACH. FLORIDA 33444 - 561/243-7000 1 0021 Mr. William N. Griffin, Jr. 2001 Outside the Wall Ministries, Inc. 777 East Atlantic Avenue Suite C2 PMB #164 Delray Beach, FL 33483 RE: Permit Request Christian Rap/Hip Hop Concert 10/31/04 Dear Mr. Griffin: I apologize for not responding to your request sooner but with the two (2) hurricanes we've been through, I have just recently received input from ali of our departments. Based on this input we do not feel that Pompey Park is conducive for this event. First of all, this site is surrounded by residential housing which could be negatively impacted by the event. In addition, parking is very limited at the site, park rules do not allow bounce houses and/or other amusement type rides, and the Parks and Recreation Director has indicated that we would not allow bleachers and vendors to be placed on the outfield grass due to concerns of damage to the playing surface especially if it rains. I would suggest possibly two (2) other locations one would be Old School Square and the other the Delray Beach Tennis facility. You can check on the availability of the use of Old School Square by contacting Ms. Peggy Murphy at 243-7922 ext. 301 and Mr. Brahm Dubin at 265-0255 for use of the tennis facilities. Again I'm sorry I wasn't able to get this response to you sooner. Sincerely, Robert A. Barcinski Assistant City Manager RAB/tas Cc: David T. Harden Peggy Murphy Brahm Dubin Joe Weldon Lt. Geoffrey Williams Jim Schmitz Asst. Fire Chief Bill Adams File:u:sweeney/events Doc:Ltr to William Griffin re Christian Rap Hip Hop Concert THE EFFORT ALWAYS MATTERS Prinfed on F~ecyc!ed Pape.~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # q ~ - REGULAR MEETING OF OCTOBER 5, 2004 APPOINTMENTS TO THE BOARD OF ADJUSTMENT DATE: OCTOBER 1, 2004 At the City Commission meeting of August 3~d Mr. Harvey Starin was appointed as a regular member to the Board of Adjustment creating a vacancy for an alternate member. Mr. David Redelheim has verbally given his resignation creating a vacancy for an alternate member. Both alternate members would fulfill an unexpired term ending August 31, 2005. To qualify for appointment, a person shall be either a resident of or own property in the city, and/or own a business within the city. The following have submitted applications for consideration: John Bennett Sara Coen Sigurdur Hardester Pearl Bunny Markfield Ekod (also applying for Board of Construction Appeals and Code Enforcemen0 Clifton Miller (currently on Board of Construction Appeals) A check for code violations and/or municipal liens was conducted. Voter registration verification was completed and all are registered with the exception of Sara Coen. Ms. Coen has advised me she is in the process of receiving her U.S. Citizenship and then will proceed with her voter registration. Based on the rotation system, the appointments will be made by Commissioner McCarthy (Seat #4) and Mayor Perlman (Seat #5). Recommend appointment of two (2) alternate members to the Board of Adjustment for unexpired terms ending August 31, 2005. BOARD ~ERApPLICATION -~ '~ ..... ~... ~' . . . · ....... CITY CLERK Jom~ C. W. Bva~uE~ 137 SE~.BRV. V. ZE AVE~tm Dm. RAY B~Cn, FL 33483-701~ COMMUNITY ACTIVITIES: Beach Property Owners' Association (Trustee 1999-present; Vice President 2001,2002) · Progressive Residents of Delray (PROD) (Director 1999-present; Vice President 2000; President 2001-02 E.P.O.C.H. (Director since 2002) Chamber of Commerce (Member, Local Government Issues Committee) School Advisory Committee, Atlantic Community High School (member 1999-2003; Bylaws Committee Chair 2002-03) PROFESSIONAL EXPERIENCE: 1995-present, retired attorney (U.S. Navy Judge Advocate) 1974-1995, naval officer with a variety of assignments involving law and policy 1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S. Court of Appeals for the Fifth (now Eleventh) Circuit in St. Petersburg, FL EDUCATION: Formal: LL.M., Law & Marine Affairs: University of Washington 1981 J.D.: Georgetown University Law Center (Editor, Law Journal), 1973 B.A. Economics (with High Honors): Swarthmore College, 1970 Continuing: Leadership Delray Beach 2002 PROFESSIONAL AFFILIATIONS: District of Columbia Bar (InaCtive) ) American Bar Association -. American Society of International Law SPECIAL QUALIFICATIONS FOR SPECIFIC r BOARDS NEIGHBORHOOD ADVISORY COUNCIL: · Active for past several years in the affairs of my neighborhood association (Beach Property Owners' Association) · Active for past several years in broader issues of concern to neighborhoods throughout the City through membership on Board of Progressive Residents of Delray (PROD) · Aware of concerns of business community through service on Local Government Issues Committee of the Greater Delray Beach Chamber of Commerce BOARD OF ADJUSTMENT & NUISANCE ABATEMENT BOARD: · Extensive experience during my Navy career with applying regulations to specific cases. .. ":) · Thorough familiarity with due process requirements for imposition of criminal and civil sanctions: developed while representing criminal accuseds and administrative respondents, prosecuting on behalf of the Government, and advising adjudicatory authorities. · Adjudicated innocence or guilt and determined appropriate penalties in a number of minor criminal cases. DE[RAy BEACH ,...~~~ ~ , 111: BOARD MEMBER APPLIC'ATION 1993 2001 Please type or print the following information: 1. Last Name: ~ · Name~_ _~/3r~ ~ I. 2. Home Address: City State Zip Code / ~- 0.5 ~ ? ~4 A- ~. '~ e~/~4w_?~ c~ ~c_ ~3 ~4~'3 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: I Business Phone: E-Mail Address: I Cell Phone: Fax: 6. Are you a registered voter? If so, where are you registered? 7. What Board(s) are you interested in serving? Please list in order of preference: List all City Boards on which you are currently serving or have previously served: (Please include dates) 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: /~/o.,~'~ ~_ (e~,,az~.~ ~,/. 'o,~ ~ .- , C~'~ co,~ ~~, ~ 11. Give yo~ presenk or most recent employer, and position: 12. Des~be exp~ences, s~s or Eo~edge ~ch qufi~ you to se~e on this bo~d: ~lease at.ch a brief res~e) I hereby c~fi~ &at a~ ~e above s~temenm ~e ~e, md I ~ee and unfl~stmd ~at my ~ss~tement ofmated~ facto con~ed ~ ~s apphcafion may cause forfd~e upon my p~ of my appo~ent I may recdve. CiTY CLERK Sara Co~n 1203 NE 9~ Ave. Delray Beach, FL 33483 (561) 278--8013 saracoen(~hotmail.com Objectives and Strengths [ am aa attorney with a Master's in Trade and Banking, and European Law, ~y completing an LL.M on Taxation. I i.vill be sitting for the Florida Bar on July '04. I am a Certified Country Court Mediator fluent in five lan~ages. My interests include urban zoning and planning, real estate and property law. I have experience in mediation and arbitration, cx)mmer¢ial law, conflict mitigation, judicial reform, and immigration. I have also worked with the World Bank and the United Nations Group. My strengths include: · Fluent in English, Spanish, French, Italian and Portuguese (written and spoken). · Exe~llent writing skills, good communicator and careful listener. · Comfortable working with diverse mulfieultural perspectives, and presenting alternatives for conflict resolution. · Doctoral Degree in Common Law and Civil Code System with professional experience in the U.S., Europe, Latin America and Brazil. Education St Thomas University, Miami, Florida. Master at Law (LL. bO tn Taxan°n, Candidate (May '05). St. Thomas University, Miami, Florida. Juris Doctor Degree. · '. ' The American University, Washington DC. 'Master :at Law (LL. bO tn Internationi~! Trade: and Banking. Universit6 de la Sorbonne. Paris, France.' Studies of Master in Commerctal~ Ixtw~and Eu~opean Community. InternatiOnal Court of Justice. The Hague, The Nctherlands~ .. private Interi~tio~..L:Z~:Cer~fica~or~ Universidad Iberoamerieana. Santo Domingoi Dominican Republic. Jutes Docto~ SummacumZaude. Universitk Paris X Nanterre. Nanterre, France. BaChelor tn Arts tn Business Admint~traao~, of Tourism Enterprises. 'Legal Experience DISTRICT COURT OF APPEAL. West Palm Beach, Florida(Aug. '04). Law Cleric for Judge Barry Stone. ..... THE FLORIDA BAR. Cypress Cremk, Florida. (6/01 - 10/02). : r,a~ Cler£ Un#eensedPractice of Law Division. -i. ii~onducted legal research, wrote memoranda and a/fidavits. Praetieal litigafon experience ~ subpoenas, preparing pleadings and interrogatories, participated in depositions and interviews. n~rr~-~avnamc~ ~)~V~O~,M~4T ~tt~x~. WO~) ~ GgOtW. :WasS~nston. I)C. (6/93 ~. 5/96). Legal & Summer Intern at Budget and Evaluation.Office. Project Consultant at:P~ojiect,.Analysts Department. Wrote internal publieations regarding ex-post evaluations of judicial and soeial~:ireform,/and gender issue projects in Latin Amefiea. Worked with judicial reform projects, alternate dispute resolution, conflict mitigation, and trade barriers. ORGANIZATION OF AMERICAN STATES. Washington DC. (10/92 -.5/93). " Vorrorm0~ rest6 ~ t~ ~i~r~y oe Congress and wroto comPara~ an~y~is eot t~ ~mo~on oe ~o~on~ legislation in intdl~emal property. s~r~am ~tn~ ~taxatw~o~. ~ COmo, ~t~y. (7/90- ~2t92). Legal Consultant. StIJc manufacturing corporation: 'Prepared and negotiated licensing agreements. Worked with copyright registration. Other Professional Experience YUPI INTERNE~ INC. (Currently YupiMSbl). MiamiBea~h, Florida. (6/97 - 6/00).. -Content Editor and Business Developer. Founding team member of companYpurehased bY The Microsoft Network in 2002. Responsible for content. Draflaxl and negotiated strategic alliances. PreparedpresentatiOn for investOrs. c~s vo~wo~m~4, wast~ngto~.~c and mUay ~, ~lorida. (6/95- Founder and Marketing Director. Speeialtzed ~n reproduCtion of artworlc. ~laeed company on the list of top' 10OUS Hispanic BUSiness. Client list included Walt Disney, Coca-Cola, Exxon and ~it~hank. Paxtieipated in White HoUSe Presentation :for ~.Clinton. CONSULATE OF THE DOMINICAN REPUBLIC. Paris, France. (1/88 - 5/90)." Assistant to the General Consul. Handled commercial receipts and visa documentation. Served as liaison and translator for investors and diplomats. ~ .CITY' OF DELRAYBEACH ~ 1111~ ' ' BOARD'MEMBER APPLICATI'ON 2001 P]c~c tTpc o;- p~t thc £ollo~bg JMomaadon: .1. Last N~me: Name.~ 6~.5 M. 1. 2. Horr~ Ad'ess: City- Zip Code 3. Legal Residence:. City S~ate Zip Code 4. Principal'Business 'Address: .City 'State Zip Code 5. Home Phone: Business Phone: E-Mail. Address: Ceil'Phone: _Fax: 6. Are you a .registered voter? If s~h..ete ate.you registetecLP ¥e$..,~-. ~cP~ CO~T~I)f~eci~cx 7. · What Board(s) are y_o_u interested b serving? please list in order of p~eference: 8. List all Ci~'~ Bobble/ont uw~t~yo. &u~:;~: ~n~~e;l~fe~Le dates) 9. Educational qualificationS: t 0:' List'any' reNted'professional-certifications md'licenses which you hold: t 1.' Give your. present,-or-most.rect~ employer;and position: I2. Describe experiences, $1dll.~ or knowledge which qualifS/' you to sen, e on this board: (Please attach a brief resume) I hereby certify that all the. abo~e statements are.mae, and. I agree and understand t_hat any misstatement of material facts contained ~ this applicafij~n ma~y cause forfeiture upon my part of any appointment I may receive. Note: Th~s aP~lica~ will ~emain ~n ~le in t~e City C~erk~s ~e f~r a Peri~d ~f 2 yeats fr~m the date it~as submitted. It xvil[ be the applicant's responsibility to ensure that a current apl~ca~iga ~-9~ ~ ~ AUG i ,q 2003 CITY CLERK 1993 PI,ease type or prim the follov, i~ information: ,. . . ~. ~ 2. Home Adclrcss: x C~ State 3. Lcgd Residence:Cit~~ State Zip Code S. Home Phone: Business Phone: E-Mail Add. ss:, _ / -1 C.~ Phone: F~: lO. ~s{ ~y ~e~{~d p~fes~o~ c~~s ~d hc~seS V~ you hold: u. ~iv, ~out, p'~ o~ ~o~,~c~b~=. ~ ~o~ .. . . ~~ ~.//./~~~ ...... [, . JOL 2 ~ 2003 RESUME FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER 04 Yrs) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (multimillion dollar producer) PRESIDENT: MERRITT PARK HOME OWNER'S ASSOCIATION (4 yrs) BOARD MEMBER PROGRESSIVE RESIDENTS OF DELRAY (2 YEARS) MEMBER SW/NW REDEVELOPMENT TASK FORCE (FROM INCEPTION) PRESIDENT BEAUTIFICATION COMMITI~E FOR ~ NW/SW REDEVELOPMENT TASK FORCE) MEMBER DELRAY LOOP a. CO-MANAGED TROLLEYS FOR OPENING DAY EVENT b. WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING OF LOOP-PICKING UP GARBAGE IN SW/NW SECTIONS c. WORKED AT DELRAY FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTR1B~G ANNOUNCEMENTS OF THE FOLLOW ING WEEKS OPENING CEREMONIES MEMBER FUlqD RAISING COMMITTEE FOR THE MILAGRO CENTER. BOARD MEMBER APPLICATION 1993 2001 Please t!ff~e or print the following information: 3. Legal Residence: State Zip Code 4. Principal Busine'ss AddresS: City State Zip Code 5. Home Phone: Business Phone: "E-Mail Ad&ess: Cell phOne: Fax: 6. Are you a registered V°ter? 7~_.~ ."x If so, 7. /X~,nat BOard(s) are ypu irj~ereSt;d in serving? Pleas/~ l~st in order/of_PreferenCe: ... 8. LiSt an Cit3, Boards on wy.0, you are c%rrent¥ ser,4ng or have prevjousb, servea;,¢leas~Z,tg, dude dates) <') / i&' List an~ Tela~d pro(Dsibnal ~:ertifications ~nd licenses which yo.~old./' ..... 1 i. Giv~¥ouroreSent, Or most recent emtflover, and ~6sifi°n· 12.- ~'~'eseribe expeJ~nees, .~ls o£ kno~eclge =.hish,,q~i~y' ~o~ t~ i;rve on t~is board: ~l~e I he~~ ~at ~e a~ye smtemen~ ~e ~e, mfl I ~e~ ~8 ~ders~d ~at my ~ssmtment ofmate~ faro co~ ~ j '~ ~on ~y cause foffd=e upon my p~ of =y ,p~=ent I subdued. It ~ be ~e app~cmt's responsib~ to ensure ~at'~~pp~cafion is on ~e. dlTY OLERK MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~u~/t SUBJECT: AGENDA ITEM # ~ ~T- _ REGULAR MEETING OF OCTOBER 5, 2004 APPOINTMENTS TO THE CODE ENFORCEMENT BOARD DATE: OCTOBER 1, 2004 Mr. Andrew Young'ross has verbally given his resignation from the Code Enforcement Board due to his busy business schedule creating a vacancy for a regular member for an unexpired term ending January 14, 2006. The City Clerk's Office and Code Enforcement have not been successful in contacting Ms. Gilda Fernandez either by phone or mail. Ms. Fernandez is an alternate member with a term ending January 14, 2007. Mr. Mark Behar is an alternate member and would like to be considered for a regular member. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The following have submitted applications and would like to be considered: Carol Aharonovic Appraiser (also applying for Board of Construction Appeals) Mark Behar Property Management (alternate member) Pearl Markfield Elrod Realtor Bernard Federgreen Retired Director of Operations (currently on Nuisance Abatement Board) Gerry Franciosa Retired Law Enforcement Jayne King Educator Samuel Resnick Code Admm/Engineer (currently on Board of Adjustment) Stanley Watsky Insurance/Realtor A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Mayor Perlman (Seat #5) for a regular member and Commissioner Costm (Seat #1) for an alternate member. Recommend appointment of one (1) regular member for an unexpired term ending January 14, 2006 and one (1) alternate member for an unexpired term ending January 14, 2007. CODE ENFORCEMENT BOARD 07/04 TERM REGULAR MEMBERS OCCUPATION POSITION TELEPHONE EXPIRES FILLING 01 / 14/2007 Glenn Schuster Fire Chemical Layperson Work: Unexp Regular Appt 4585 A Northwest 3~a St. Speciahst Home: 499-0561 08/19/03 Unexp Alt 05/06/03 Delray Beach, FL 33445 Cell: 706-0553 Reappt 01/06/04 01 / 14/2007 Leonard Epstien Business Owner Real Estate Work: Alt ~ppt 05/06/03 3120 Northwest 15~ St. Home: 272-0330 Unexp Regular appt 07/22/03 DeLray Beach, F1 33445 Fax: 272-0329 Reappt 01/06/04 01/14/2007 David Hawke Architect Architect Work: 740-4440 unto, ^ppt 01/07/o3 121 Heather Lane Home: 278-3414 Unexp Regular Appt 04/~s/o3 Dekay Beach, FL 33444 Fax: 921-0444 Reappt 01/06/04 01/14/2005 Beril Kruger Planner Business Person Work: 265-4983 Uncxp ^ppt 07/24/01 9 NE 16~h St. Home: 265-2019 Del_ray Beach, FL 33444 Cell: 870-4701 01/14/2006 Robert Marks Construction General Contractor Work: Llnexp Alt Appt 01/07/03 371 Coral Trace Lane Home: 266-8494 Unexp Regular Appt o4/15/o3 Delray Beach, FL 33445 Fax: 01/14/2006 Anthony Veltri, Vice Chair Layperson Sub Contractor Home: 272-0252 Alt ^ppt m/o2/ol 2915C NW 12th St. Unexp Regular Appt o2/o2/ol Dekay Beach, FL 33445 Reappt 01/07/03 01/14/2006 Andrew Youngross, Chair Engineer Engineer Work: 276-0274 Unexp Appt 05/21/02 636 West Drive Home: 276-4403 Reappt 01/07/03 Dekay Beach, FL 33445 Fax: 272-7950 Cell: 212-2604 ALTERNATES 01/14/2007 Gilda Fernandez Property Layperson Work: 243-6800 Unexp Appt 08/19/03 1301 Southwest Tenth Ave Management Home: 276-9794 Reappt 01/06/04 #N-103 Fax: 265-4935 Dekay Beach, FL 33444 01/14/2005 Mark Behar Property Mgmt Layperson Home: 279-2335 Appt09/09/03 1700 S Ocean Blve #21 Work 254-9605 De[ray Beach, FL 33483 Fax: 279-9192 Contact: Norma Smith 243-7213 S/City Clerk/Board 03/Code Enforcement Board BOARD MEMBER APPLICATION 1993 2. Uom~ ~aa~: cim_ s~m 3. ~ R~id~ce: Ci~- S~te ~p ~de ,.1 4. Pfinci~ Business Ad.ess: Ci~ S~ ~p Code 5. Home Phone: Business Phone: ~ Ad&ess: ~ C~ Phon~ F~: 6. ~e you a re~tet~k/O ~ voter?. If so, where ~~t~ste~d?,i ~ 7. ~at Board(s~ ~e you ~ter~d ~ se~? Pl~se ~st ~ order of p~fer~ce: 8. ~st a Ci~ Bo~ds on ~ you ~e c~y s~g or h~ pr~do~y ~ ~l~se include ~t~) 9. ~u~fio~ q~fi~fions: ~0. ~st ~Y r~ted vr°~essioaa c~caaons ~d ~c~s~ w~ck Y°u 11. GNe yo~ preseng or most recent employer, and posifiom 12. D~be ex~c=, s~ or ~owl~ ~ch q~}ou ~o~=e on ~s ~=d: ele=e am& a brief Ih~~ ~a~ ~e above sm~ ~ ~e, and I ~ ~ ~&~d ~at ~y ~m~mt of ~ ~~~n may ~e f~ei~e ~n my pm of my ~poin~ent I may recdve. SIGNA~ DA~ Note: ~s a~fi~fion ~ rem~n on ~e ~ ~e Ci~.Cl~k's Office for a ~dod of 2 ~s ~m ~e date it Was sub~. It ~ ~ ~e applies res~ib~ to ensue ~ ~~on ~ on ~uG 17 200~ CiTY CLERK ZlO $. Federal Hwy., Suite 202 oynton Beach, FL 33435 t54) 520-1459 (C£LL) (561) 735-9512 (OFFICE) '~praiSals@yahoo.com ,USZNESS EXPERI'ENCE II Family Appraisal ~tate Certified Real Estate Appraiser/President) 08/04-Present ~erforms all types residential real estate appraisals, reviews, and consulting. II Family Realty, Inc. (Formally Avron Realty, Inc.) ~,EALTOR Associate/Office l~lanager) 1995- Present {esidential and commercial real estate sales, acquisition, development, leasing and management. .H. & A Management (Subsidiary of Avron Realty, [nc.) )roperty and Asset Manager) 1997 - Present lanages multiple portfolios of real estate, lease held estates and other assets. Responsible for all spects of management, maintenance, acquisition and sale of properties and assets held. hired Appraisal ASsociates ~,eg. Appraiser/.Residential Appraisal Department Manager) 10/02-08/04 erformed residential appraisals under a State Certified Appraiser. Manages all aspects of the ~idential appraisal department directly under the supervision of the State Certified Appraiser/ resident. .Ush Appraisal Service Registered Appraiser) 4/02-10/02 erformed residential appraisals under a State Certified Appraiser. .t Your Service! rocess Serving and Background Checks ;ole Proprietor 1999 - 2001 Corked as a process server, serving and filing process. Performed background and credit checks, and .ther legal research. :DUCATZON iaccalaureate Degree in Business and Public Management with a major in Real Estate, lorida Atlantic University ~ppraiser Post-Licensing Courses (AB:[]~a & AB[:[b), Institute of Real Estate Studies ~ppraiser Pre-Licensing Courses (USAP, Florida Law), Appraiser Institute itle Agent Pre-Licensing Course, Palm Beach Community College .oan Origination Pre-Licensing Course, Palm Beach Community College ;alesman's Pre-licensing Course, Gold Coast School of Real ·Estate ;alesman's Post-Licensing CoUrse, Gold coast School of Real Estate "'~.~ON REALTY, :[NC. Salespersons Training Course/Internship ;~,anish River High School, Boca Raton, FL - Alumna .~AROL.~'I. HARON OV IU (eonrmuea) TATE LI'CENSES HELD ~' 45 a State Certified Real Estate Salesman's License # SL0626648 TRENGTHS ommunicati°n: communicates well in speaking and writing; able to act as liaison between different _~rsonality types; comfortable and' effective communicating with superiors, staff and customers. ~adership: wide range of interpersonal skills t° encourage and instruct others. esponsibilit¥.: accustomed to being in positions of responsibility; self-motivated and willing to set oals and work to achieve them. !rganization: uses time and resources effectively; considers efficiency, planning, and accountability xtremely important. :omputer Expertise: experienced and profident in Windows, Aldus, Quickbooks, Microsoft Office, Pc .ccess, Stellveiw, Wintotal, ISC, Internet programs, and can easily master any new system and ,rograms. 'inancial Knowledqe: experienced in the preparation of budgets and income statements. Understands :redit reports, all types of mortgages, qualification standards, .costs, and financial leverage. ~_arketinq Expertise: Understands consumer behaviors and buying patterns, economic and 'i~ographic patterns, market trends and business strategy. Experienced in the creation and ~nplementation of marketing plans, programs and promotions. ~eal Estate Expertise: experienced in all aspects of commercial and residential real estate. Experienced n: property appraisal, management, maintenance, acquisition, development, sales and leasing. )ther: analytical problem solving skills, quick learner, solid work ethic and finds satisfaction and )leasure in achieving goals. ~WARDS/HONORS 1999 Young .Entrepreneurs "Young Entrepreneur of the Year" t996 Realtor Association of South Palm Beach CountY'"Rookie of the Year" ~,ealtors Educational Foundation Academic SCholarship MEMBERSHI'P REALTORS Association of South Palm Beach County Boynton Beach Chamber of Commerce Delta Sigma Pi - zf 671 Rotary PERSONAL '~ident of Florida since 1978 Fluent in English, Spanish, and Romanian IIL ,O .D MEMBERAPPLICATIoNBEACH 2001 4. Phndp~ Business Address: Ci~ /[ State Zip Code 5. Home Phone: Business Phone: E-M~ Address: .~ Ce~ Phone: F~: ~ Dst ~iB, Board;~ich you ,re cu.enfly/nm~ or have premously ~d:'qlease inciu~e a~(e 9~ Educational qu~ficafions: 12. Describe ex,erie's, s~s o;~owled~ w~ch qu~ yhu m ~ o~s bo~d: ~dase amch a brief res~ I hereby ce~' ~at ~ ~e above s~tements are ~e, ~d I ~ee ~d red.smd ~at contm~n m~~e upon my pm of ~y appo~menr I Note: ~s app~cafion ~ rem~n on ~e ~ ~e Ci~ Clerk's Office for a period of 2 years from subdued. It ~ be ~e avpUcmt's ,esponsib~, to ensure ~,ta MAR 2 6 2003 DELRAY BEACH BOARD MEMBER APPLICATION '1993 2001 Plesse type or prim. thc follO~Ar~ infommtion: ~n * Name ML 4. Principal Business Address: City / State Zip Code 5. Home Phone: B'usincss Phonc~ E-Mail Address: Cell Phone: Fsx: 7. 'l~:!.,'Bo~d_d(s) sre you inteL~sted 'in s~rving? PI'se list in or. der'of pm, t~-~mce:. ' ~ ' ,' '~ 8. _]~st all Ci9' Boards on ~'hich you ~re cUrrcndy serving or.J~.aTe Previously serv~cl: ~l~ease indude chtcs)' _'. 10. List any rdated pro£es~ional certificatlon~ and lic~m% which you hold: ! 1. Give yom pre~ent,'or mo,L~4:em No~:' ~s appU~don ~ r~ on ~c ~ ~c O~ O~'s Office for · ~ of 2 y~ ~om ~e ~tc k was sub~ned, h ~ be ~e ~ppU~t's ~b~ m ~s~ ~t ~ ~t ~pff~fion ~ on ~e.. F'ROH : GER-'S,~II FF~< 1.10. : 5Gl~--'GGOT4G 3'un. 10 ~--~0~3 ~:44PH. Pi '06/10-'0:1 'I~E l!:09 F.,.~I. 561:243 3774 CI'TY CLI-=V,K .. ~ ~ OITY OF DEL,RAY BEACH BOARD ,MEMBER APPLICATION 3. Lo~ l~_~acnc= Cb7 :,~a~ Z~ i~,,~.,'" ~ ' ' ' ........ / //'s~ · i~-:]. It u,;.lJ be ~e ~q~licnnt's te~>ns~l>ili~7 m en~-~ t~z ~ c~nz m~l~cm~on Js on Gl= REOEIVED · JUN 1'1 2003 'lJ~~ -. CITY O'F DELRAY BEACH BOARD M.'EMB:ER APPLICATION 1993 'FL 11. ~ DA~ ~ ~ ' BOARD MEMBER APPLICATION · -- ' 1993 2001 Please, type o~ print, .~h¢ follov~ infonnatiOm 2. J:lom¢~ddr;4~: ' ' State Zi:~p Code -- '~. x~g~ ~&,-,~ off ' ...... ~ ~,~ ~~. .... I he. by c~' ~t'~ ~e ~ smt~u ~ ~, ~ I ~ ~ ~~'~t ~Y ~~ ~ ~s ap~fi~ may ~ug f~d~ ~n ~ ~ of ~~mmt I ~y ~e. No~: ~s .ppU~on ~ ,~ on ~e ~ ~e 9~~or o<,'i~/~uua xt:x~ fAA ~002/002 RESUM-F. FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER 04 Yrs) REALTOR: COLDWELL BANICER REAL ESTATE (22 YRS) (multimillion dollar producer) PRESIDENT: MERRITT PARK HOME OWNER'S ASSOCIATION (4 yrs) BOARD ME/fiBER PROGRESSIVE RESIDENTS OF DELRAY (2 YEARS) MEMBER $3~r/NW REDEVELOPMENT TASK FORCE (FROM INCEPTIOlq) PRESIDENT BEAUTIFICATION COMMITI~E FOR THE NW/SW REDEVELOPMENT TASK FORCE). MEMBER DELRAY LOOP a~CO-MANAGED TROLLEYS FOR OPENING DAY EVENT b. WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING ~ OF LOOP-PICKInG UP GARBAGE IN SW/NW SECTIONS c. WORKED AT DELRA¥ FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBLrrnqG ANNOUNCERS OF THE FOLLOW ING WEEKS OPENING CEREMONIES MEMBER FUND RAISING COMMI.~E FOR THE MILAGRO CENTEIL CITY OF DELRAY ,BEACH BOARD MEMBER APPLICATION 1. 'Last Name: Name M.I. 2. Home Address: City State Zip Code 3. Legal Residence: City,~ I - State Zip Code 4. Principal Business AddresS: Ci~ '" State Zip Code 6. atBo dT'~am~ guilt resedms .~,~-[ffo~. Are you a registered voter? . If s% where ~k'~ou registered? t _ 7. _Wh ar liS) a y ' e t ' etvinggPlease list'in 0rder'dfp~efetence;_- ____ ", -- 8..I~_t all Cit[ Boa~. on.whicl~ ~ou am curreatly serving ~ fia~ previously ,erve& (Please ~tclud¢ d~tes) . ' 9, Edmationat q~_~d~ficatiom: 10. Li~t any related profesdonal certifications and licenses which you hold: ' I'L' Give your present, or mo;~:'~at'emPioYer, and position: ........ 12. uescri~e experiences, ,lalls or lmowle[lge Which qualify you to set~e on this board: (Please attach a brief me) I hereby certify th~t kll the above statements are tree, and I.agree and understand that any mlqstatement of ma~¢i~l facts contained in ams application may cause forfeiture upon my part of~ appointment I may receive. Not~ ~hm apfille~orl ~]l'r~ on Cae m the City O~'s Omce fc~r ~t peri'od of 2 years fr°m the date ir'was submitted. It will be the applicant's responsibility to ensure fiat a current application is on file. Samuel Resnick 2835 SW 13th Street Delray Beach, Fl. 33445 Ph//561.330.8419 Resume of Samuel Resnick 1. Education a) Graduated from City College of New York in Aug. 1949 with a Bachelor of Civil En~nefing Degree. b) Completed various courses in Building Code Administration and code analysis. Theses courses were given by Building Officials and Code Administrators, International. (BOCA) 2. Licensing a) Ret/red professional engineering hcenses- Florida, Connecticut, New York, New Jersey, and Vermont. b) Retired registered architectural licenses- Florida, Connecticut, New York, Mass., Vermont, Delaware, Pennsylvania, and the National Council Architectural Review Board. c) Certified as Chief Building Official by State of Connecticut in 1979. 3. Organ/zations a) Was member of State of Connecticut Codes and Standards Committee from 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk State Technical College. c) Member of the construction Panel of The American Arbitration Association. d) Member of the Palm Beach County Board of Education oversight committee on school construction from 1995 to 1996. 4. Experience a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct. See attached letter. b) August 1986 to Oct. 1991- Private practice as Architect-Engineer. c) March 1978 to August 1986- Director of Code Enforcement and Chief Building Official. d) June 1957 to March 1978- Private practice as Architect-Engineer. e) From 1939 to 1957- (except for two years in U.S. Navy and three years in enginering school) worked for various architectural and engineeringfirm.q. ~ CITY 'OF DELRAY BEACH · 111: -,O~ M'EMBERAPPLICATION 1993 2001 ,Pic~se tTpe'orl~zim the follo~ 2. Home Address: / ' State Zip Code 3. LeEal Residence: Ciiy -/ State Zip Coclc 4. P~cil~ su~ess Addre.: ~ ' State zil~ Code 5~ Home Phone: BusineSs Phone: E-Mail AddresS: Cell Phone: Fax: 6. Arc you a registered voter? ~'-/~_.~ ~ .Ir so, Whir, sro you registered.~ lO. Ust ~y rchtcd Pmfc'ssio~ c~cadons ~d ~c~ses w~?u holt 11. G~e Your presenL o, m~s ~n~d ~ ~s ap~fion ~ay ~e foffd~ ~n my p~ of~y ~~t I ~y ~e. ... ~ SIGNA~ DA~ dUN 3 0 2003 CITY CLERK MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # C['~'' - REGULAR MEETING OF OCTOBER 5, 2004 APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS DATE: OCTOBER 1, 2004 The term for Chris Ryan expired on August 31, 2004. Mr. Ryan has fulfilled two full terms and is not eligible for reappointment. The term would be for two years ending August 31, 2006. At the City Commission meeting of August 3r'~, Mr. Reginald Cox and Ms. Lesley Deutch were appointed to other Boards creating vacancies for an unexpired term ending August 31, 2005. To qualify for appointment, a person shall have actual previous experience in their respective trade or profession deemed sufficient by the Commission. Residency is not required. A person need not own/operate a business in Delray Beach. Membership is composed of the following: An air-conditioning contractor, an architect, two general contractors, a master electrician, a professional engineer, a master plumber, a realtor or insurance agent, and a sign contractor. Attached is a listing of the current Board members and their occupations. The following applicants would like to be considered for appointment. Please see Exhibit A A check for code violations and/or municipal liens was conducted. None were found. Voter's registration verification was completed and all are registered with the exception of Anthony Spirelli. Mr. Spirelli has recently completed the Voter's registration form and mailed it for processing. Based on the rotation system, the appointments will be made by Commissioner Levinson (Seat #3) for a two year term, and Mayor Perlman (Seat #5) and Commissioner Costin (Seat #1) for an unexpired term ending August 31, 2005. Recommend appointment of one (1) member to the Board of Construction Appeals for a two year term ending August 31, 2006 and two (2) members for unexpired terms ending August 31, 2005. BOARD OF CONSTRUCTION APPEALS EXHIBIT A A/C Contractor Architect Jose Aguila General Contractor Patricia Neyra Electrician Eneineer Plumber Anthony Spirelli Real Estate/Insurance Agent Pearl Bunny Markfield Elrod (also applying for Board of Adjustment and Code Enforcement) Sign Contractor Miscellaneous Carol Aharonovic (Appraiser - also applying for Code Enforcement) Jeremy Office (Financial Advisor - also applying for P & Z) Norman Rosenblatt (Environmental Supervisor) Patricia Westall (Consultant) UL-15-~004 08:19 FROM:CURRIE SOWARDS AGUIL 561-P45-8184 TO:P433??4 P.1 fill: BO,d~ll, I) MEMBER APPLICATION ] 993 2001 PI rmue &YPe °z print thc £°ll°wir~g ~n f°tt'~*itm: I M-I.d [ 2. Home Addre-~s: C $~t¢ Zip Code 6. ~e you I z~~ vo~r? ~ If so, wh~e ~c you r~~ 9. ~om~ q~ons: tO, Li~ uny ~Jated professional ce~fificadems ~nd lieense~ ~ you hold: 11. -Ccdve your present:, o! mo~t tecetlt employez, ~nd posidam l hexet~r c~rtify that sll the above stg~xneaxts ~re ~ ~d I ~ and ~d~d ~t ~y ~n~ ~ ~~d~ ~y ~mc f~ ~ my ~ of ~y ~~t I ~y ~c~e. J U t 1 5 200~ CITY CLERK JOSE N. AGUILA, A.LA., NCARB AR 0015349 Home Office 800 SW First Court 134 NE I st Avenue -Boynton Beach, Florida 33426 Delray Beach, Florida 33444 (561) 737-8894 (561) 276-4951 QUAUFICATIONS Registered architect with over twenty years of architectural and construction related experience ranging·from residential to large scale COmmercial and goVemmental projects, with proven abilities in produCtion, project management and construction administration in both public and private· sector. EDUCATION Bachelor of Architecture Florida A&M University, 1988 Bachelor-of Science in Architectural Studies -. Florida A&M University, 1981 CERTIFICATIONS Flodda Registered Architect i~ MEMBERSHIPS Member American Institute of Architects · ? National Council of Architectural Registration Boards .WORK June '99 - Present, Project Manager/Architect, Robert G. Currie 'E~PERIENCE Partnership, Inc. March.'98 - June '99, Senior Construction Manager, " O'Connor & Taylor, Inc., General Contractors. September '93 - March '98, Construction Manager/Architect, CitY.of Delray Beach. March '83 --SePtember '93 Currie Schneider Associates AIA, 'PA. Delray Beach, Flodda. Associate, Project Manager. pAST BOARD Boynton Beach Building-BOard of AdjuStment and Appeals 'MEMBERSHIP BoyntOn Beach ·Planning and zoning Board Boynton Beach Downtown ·Review Board 'Boynton Beach City CommiSsioner/Vice MayOr Boynton Beach Community.RedevelOpment Agency Palm' Beach County MuniCipal League Treasure Coast Regional Planning Council ' BoyntOn Beach Planning and' Development Board BOARD MEMBER APPLICATION Please type or print the following information: 1. Last Name: , l~L L c_ Name\ 2. Home Address: Cixt~\ State Zip Code 3, Legal Residenc~ City ' State Zip Code 4~ Prindpal Business Address: City State Zip Code S. Home Phone: Business Phor~e: E-Mail Address: ,y~.~ Cell Phon~ Fax: are )~u registered? 6. Axe you a registered.\/(~ 32)' voter? If so, where 5~--~s~--J~ i ~ 7. What Board(s5 are~vvou interested in sexving? Please h'st in order of preference: 8. List all City Boards on which you are currently setting or h%0e prex4ous~ ser~,~. (Please include dates) 9. Educatiomal qualifications: 10. List any r(~xl~ted t>rofessiohal certifications and licenses which you hold:_ 11. Give your pzesent, or most rec~nt employer, and position: IZ Describe e ' ' ' l}nowledge which quali:l5- you to ~:{:rve on this board: (Please attach a btie£ resume) I l~v~. 'fy. tha$,~ th.e above statements are true, and I agree and understand that any mis;tateme~t of n~at~rial facts (~y cause forfeiture upon my part of any appointment I may receive. SIGNATURE DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it Was submitted, It will be the applicant's responsibility to ensure [h~i.a ~tx~on is on file. CITY CL. RK ~10 $. Federal Hwy., Suite 202 oynton Beach, FL 33435 ~54) 520-1469 (CELL) (561) 735-9512 (OFFICE) ~praiSals(~yahoo.com ,US?NESS EXPER:ZENCE II Family Appraisal ' ;rate Certified Real Estate Appraiser/ President) 08/04-Present ~erforms all types residential real estate appraisals, reviews, and consulting. II Family Realty, ]:nc. (Formally Avron Realty, Inc.) ~,EALTOR Associate/Office Manager) :[995- Present [esidential and commercial real estate sales, acquisition, development, leasing and management. .H. IA A Management (Subsidiary of Avron Realty, ]:nc.) ~roperty and Asset Manager) :[997 - Present lanages multiple portfolios of real estate, lease held estates and other assets. Responsible for all spec'ts of management, maintenance, acquisition and sale of properties and assets held. hired Appraisal Associates ~,eg. Appraiser/.Residential Appraisal Department Hanager) :[0/02-08/04 erformed residential appraisals under a State Certified Appraiser. Manages all aspects of the .~sidential appraisal department directly under the supervision of the State Certified Appraiser/ resident. .u~h Appraisal Service ~,egistered Appraiser) 4/02-10/02 erformed residential appraisals under a State Certified Appraiser. t Your Service! rocess Serving and Background Checks ole Proprietor 1999 - 200:[ lorked as a process server, serving and filing process. Performed background and credit checks, and ther legal research. ~DUCATZON iaccalaureate Degree in Business and Public Management with a major in Real Estate, Iorida Atlantic University ,ppraiser Post-Licensing Courses (AB[Ia lA AB]3b), Institute of Real Estate Studies ,ppraiser Pre-Licensing Courses (USAP, Florida Law), Appraiser ]:nstitute ]tie Agent Pre-Licensing Course, Palm Beach Community College .oan Origination Pre-Licensing Course, Palm Beach Community College ;alesman's Pre-licensing Course, Gold Coast School of Real 'Estate ;alesman's Post-Licensing Course, Gold coast School of Real Estate "~,ON REALTY, INC. Salespersons Training Course/Internship ,~,anish River High School, Boca Raton, FL - Alumna ..~AROL/'-I~ON OvIU (conrmuea) ;TATE L1~CENSES HELD tale Certified Residential Real Estate Appraiser License #RD4663 ~r'% a State Certified Real Estate Salesman's License # SL0626648 ;TRENGTHS :ommunication: communicates well in speaking and writing; able to act as liaison between different ersonality types; comfortable and' effective communicating with superiors, staff and customers. .eadership: wide range of interpersonal skills to encourage and instruct others. Lesponsibilit¥.: accustomed to being in positions of responsibility; self-motivated and willing to set ioals and work to achieve them. )rqanization: uses time and resources effectively; considers efficiency, planning, and accountability .:xtremely important. ;omputer Expertise: experienced and proficient in Windows, Aldus, Quickbooks, Microsoft Office, Pc: ~ccess, Stellveiw, Wintotal, :[SC, :[nternet programs, and can easily master any new system and )rograms. :inancial Knowledqe: experienced in the preparation of budgets and income statements. Understands :redit reports, all types of mortgages, qualification standards, costs, and financial leverage. ~arketinq Expertise: Understands consumer behaviors and buying patterns, economic and ~' '"'~ogra~)hic patterns, market trends and business strategy. Experienced in the creation and mplementation of marketing plans, programs and promotions. Real Estate Expertise: experienced in all aspects of commercial and residential real estate. Experienced in: property appraisal, management, maintenance, acquisition, development, sales and leasing. Other: analytical problem solving skills, quick learner, solid work ethic and finds satisfaction and pleasure in achieving goals. AWARDS/HONORS 1999 Young Entrepreneurs "Young Entrepreneur of the Year" 1996 Realtor Association of South Palm Beach County "Rookie of the Year" Realtors Educational Foundation Academic Scholarship MEMBERSH]:P REALTORS Association of South Palm Beach County Boynton Beach Chamber of Commerce Delta Sigma Pi - zf 671 Rotary p~RSONAL '~ident of Florida since 1978 FlUent in English, Spanish, and Romanian pE, L~Y. B,E^?. .. BOARD MEMBER APPLICATION 1993 200'1 Plesse tlrpe or print ,the follou'~ hfotmagon: 4. ~d~u~ess Address: ' ' S~ ~p ~c 5. Home P~nc: Bu~ess Phon~ ~ Ad~s:~ _ / ~ Phone: F~: ~/~7/~ 5S l7O~ 7 ~o i i. G~c youj, pr~sc3h m mo}t,~c~plo~, ~d ~dfiom ' '. No~: ~s aPp~fion~ r~ on ~e ~ ~e~/~' ' or a~ of2y~ ~om ~e ~tcit w~ RESUME FOR PEARL BUNNY MARKFTELD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER (14 Yrs) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (mulfimillion dollar producer) PRESIDENT: MERRITT PARK HOME OWNER'S ASSOCIATION (4 yrs) BOARD ME/fiBER PROGRESSIVE RESIDENTS OF DELRAY (2 YEARS) MEMBER SW/NW REDEVELOPMENT TASK FORCE (FROM INCEPTION) PRESIDENT BEAUTIFICATION COMM1TFEE FOR THE NW/SW REDEVELOPMENT TASK FORCE) MEMBER DELRAY LOOP taCO-MANAGED TROLLEYS FOR OPENIlqG DAY EVENT b. WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING OF LOOP-PICKING LIP GARBAGE IN SWfNW SECTIONS c. WORKED AT DELRAY FRESH MARKET WEEK pRIOR TO LOOP OPENING DISTRIBUTING ANNOUlqCEMENTS OF THE FOLLOW [NG WEEKS OPENING CEREMONIES MEMBER FUND RAISING COMMITTEE FOR 3T1E MILAGRO CENTER. P lease b/pe orpriltthe fD]]OW iqg i~fDm allan: 1.' LastN ~ e: ~/E~/~/~ N ~1 e 2. H om e A ddz~oss: C~ %/~,,~ St~t~ Z Jp C ode 3. LegalResitence: C~] St~ Z Jp Code f t // f( 4.' P ~ilc~alB usiless A ddlg_ss: City State 7.ip 5. H om ePhone: BusiSessphone: ~.B ailAd~Imss: gellPhone: Fax: 6. A ~ you ~ :tt~Jist~_red vo t~r? F~ If SO, W here a/~ you u~g~st~zed? /~/~.; 7. W hatBoa~ (s) a~e you i~ iq ser~iqg? P~_ase list~ o~erqfpmf93~nce: 8. List allc i~/B oa~Is on w hiah you am cu~rentl/sezvi~g or have pzevjous]y sezved: g ]~se iqc]ude dates) . ~.,.. :~. 9~ 5 g'~u ..~a. tbnalqualiveatbns: 11. g ire yourp~asent, o.rm ostzegent a~pb~r, and po.~qf%n: 12. D e~?~be expe~nces, skills orkno. ]ad~e .high quali~ you t~ serve on ~isboa~t: p ~_ase att~ch a bri=£ =~tm ~ henm¥ certify t~at alttk%abo~e .s~. tm eats a~ me,. and ~ .~z~e and undemmnd t~atan¥ m issmmm ento£m conta~ ~_~ ~pl~oa_~.on: m 'ay ~ause fD~f~itU~e upon'rff y part of any appo ~lm.ent Ira.ay ~=ceJ~e. . !._N._.0..~!_T!%~_app._li~_ tic_n_ w._iR~n an on fib. m theC~jC~rk~O ffice foraper~d of 2 yearn ~m thedat~ Jtwas · ,A, LJ6 0:2 200 C TY CLERK PATRICIA A. NEYRA 114 NW 7m Street Delray Beach, Florida 33444 954-684-8805/561-272-7746 fax EXPERIENCE: EASTERN DEVELOPMENT, INC 1997- PRESENT Vice President Oversee Fort Lauderdale office operations including contract negotiations, accounting, marketing, business development, estimating, permitting & construction management functions for a general construction company with expertise in the building of national retail & restaurants.in Dade, Broward & Palm Beach counties. Open & oversee temporary Orlando satellite office operations. HOLLYWOOD ECONOMIC GROWTH CORPORATON 1995- 1997 Vice President Develop & implement economic development & marketing programs that encouraged business attraction & retention, the redevelopment of underutilized properties such as the Diplomat Hotel and provide an informative database to prospective developers. Duties included working hand in hand with the Hollywood Economic Growth Corporation Board of Directors, Mayor, City Commissioners & Chamber of Commerce Board of JUNIOR LEAGUE OF GREATER FORT LAUDERDALE 1993-1997 Administrative Assistant to the Board of Directors Assist Board of Directors with the coordination of fundraising events, community programs, committee meetings, Board of Directors meetings & oversee the office operations & maintenance. EDUCATION: KEY WEST HIGH SCHOOL 1997-1990 FLORIDA KEYS COMMUNITY COLLEGE 1990-1992 FLORIDA ATLANTIC UNIVERTY 1992-1994 LICENSES & ACCOMPLISHMENTS: CERTIFIED GENERAL CONTRACTOR MEMBER OF THE RETAIL GENERAL CONTRACTOR'S ASSOCIATION FLUENT IN THE SPEAKING, READING & WRITING OF SPANISH ZOO1 2837 Cormorant Road . . De.[roy Beac~l. I"1. 3344.4 4. ~n'cip;d Busin~s~ ~ddresS:. Ci~ Smtc Zip - (5~) 330~713 1(561) 276-1641 I Office..~BelIsok~ch.h_~[5.61)67N-71't(~ (5613 6. Arc you ~ rc~xrcr~ voter? If su. whcrc ~rc you 7. ~'hat ~,:~M(s) arc }.,,u intcrcsrccl in sc~n.~? l>l,:;[~c list in ordcr <>f 35 Nei&hhorhood Advisory C~gBc'il . 8. list ~1 (2i~, Boa~s on ~'hi~ you :trc 'curt-early 5c~'ing or h;~ve prcx, ious!y sc~'cd: (l>l~txc inclu(k: . }lone-Cgrren$ ly O_ l~doclfion~ qmdificafions: 1N. l.i~r any rclarcd profCssionxl cerdficafinns :md licenses which you holrl: Certified Fin:mcial M:tnag~r, Chartered Retk~_~ent Pl:mnlng Counue]oL~,-r;,~: 7. 11. Give your prcscnr, or most rcccnr cmph)ycr; and ~O~irion: 12. l)c.~cribc cXpcricncc.% .,;-kills o¢ knoxvletlg,, which qu;tli6, you co serve ,,n this lw,;trd: {Plo'a, .~c :tmtch :, I~ricf resume) -iThcrcbv c~:rd~:x" rh;~ MI thc al~,vc ~r:ucmcm.s arc cmo, :[nd I ~.~rcc ;~nd umlcrsmnd chac any mi'ssm~rcmenr c,n,~inc¢~n ¢is ~p'Ucadon m:ty t-~use rorrcimrc u~m my pa~ oF any ~,pp, ,inrmcnr I may receive. NOte: Iliis' application ~qll rcm:dh (>n file in thc City Clcrk's Office fi)r a pedal df 4 ycars From t~c dare ir,was sabmittcd. Ir Mil I>c ~c appHcant's responsil}ili~ r(> ensure that a currcnr applicad,n RECEIVED 0'9'200 CITY CLERK i 2837 Cormorant Rd ~ Delray Beach, FL 33444 ITelephone: (561) 330-2713 -- E-Mail: officej~bellsoutt~net Jeremy S. Office Developed strong management and sales skills while creating valuable networking and inter-personal relationships. Facilitated total customer satisfaction by exhibiting versatility, dependability and a bottom-line mentality. Proven ability to adapt to new business situations and in a short time period, performance has resulted in a path of consistently increasing respons~ilities and promotions. Merrill:Lynch & Company; Delray. BeaCh~ Florida (April 2002 ' Present) Financial Advisor (Global Private Client Group) April 2002 - Present · Serve as the Financial Advisor to over 90 households · Strong proficiencies in thc arenas of Retiremeat Planning, Liability Management and Managed Money · Provide complimentary financial planning services to the employees of the City of Delray Beach Daleen Technologies Inc4 Boca Raton~ Florida (December 1998 - December 2001) Partner Manager (Sales Division)Apri12001 - December 2001 · Responsible for managing specific partners from pre-sales to'the integration contracts ($50K-$1MivI+). · Developed multiple new vertical markets for Daleen and their Partners to enter. · ConduCted sales training around the country for. multiple partners and supported their Sales centers. Lead Partner Services Manager (Partner Services Division) January 2000 - April 20'01 ! Team lead in'managing budget, resources, contracts and. statements of work. :' :!, · Responsible for development of a team of three managers. ' · ~ = Responsible for rolling out new "Partner Maturity Model" and implementing the strategy. · WOrked directly withthe Director to create strategy, processes and documentation. · .Major resp°nsibilities were contrac't negotiation, contract analysis, preparing statements of work and ex)ordinating resources to support our IntegratiOn Partners. · Responsible for over $500K of contributed revenue to our Professional Services and Training divisions. BUSiness AnalySt (Professional Services Division) December 1998 - January 2000 · Lead a team of Technical and Development resources in the first successful South American Implementation - of the RevChain (BillPlex) product. · -' .. ,-Concurrently. WOrked tO further devel°p.the BUSinesS AnalySt Forum as the ProfeSsionat Services organization ' tripled in size during this time. · First entry-level hire by Daleen Technologies. Part ora three member team that created the RevChain (BillPlex) "Package" which went on to serve as the competitive differentiator in the market space. ~ · Excellent inter-personal skills well suited for developing and sustaining long term relationships · Well-developed planning, communication and documentation skills · Proficient in Excel, PowerPoint, Project, Outlook, Access, Word, and Photoshop. i//Masters of Busin'ess Administration (MBA) · University of Florida; Gainesville, Florida; November 2002 Bachelor of Business Administration: Finance (BA) Minors: MIS and Pre-Law. · Miami University; Oxford, Ohio; June 1998. Designations: · Certified Financial Manager (CFlVO · Chartered Retirement planning Counselor (CRPC) · Certified Financial Planner (CFP) - currently taking courses · Series 7, Series 66, Series 31, Life, Health and Variable Annuity Licenses BOARD MEMBER APPLICATION RECEIVED NAY 13 7 2003 CiTY CLERK 0 RECEIVED JUL 2 ~ 2003 CITY CLERK ~ - ~CEIVED Cl~ OF DEL~Y B~CH SEP 2 0 2004 BOARD MEMBER APPLICATION .~aa~ CIT~ CLERK 2001 .~ ~pe ~ p~t ~ fo~ ~o~.~m 3. Leg~ R~id~ee: ~ State ~p Code 4. P~dp~ Bu~eas Ad.ess: Ci~ S~t~ Zip Code 1 6. Are you. a ~e~nezed ~tex. ~ 0 ' If ~, ~he~ a=e you ~tered} ~~) J 9. Educa~enal , ' ' ' a (ca,on ~ ~eu Ohm ~ofa~ya p~rI Note: T~ apphcafon ~ ~n~ on ~e ~ %_e Ci~' C[~k's Office for a pe~od of 2 ye~s ~om ~e date submi~ed. !-: ~ ~ ~e apph~t's tespon~bili~ to ~st~e ~t a ~t a~phca~on ~ on ~c. Ed 1.1d61::~0 POOZ OZ 'd~s qPgI ,.','t' I9..% : 'OH XH_d : t,1084 ANTHONY SPIRELLI Vanlage indusl.ric$~ Inc. ,Yx Plumbuiit~ Inc. - ~oc~ Raton~ Florida August 1998 to prestnt Own,:r and ~ana~e- of day-to-day operations for plumbing contracting business servicing [3toward and Palm Beach Counties. Stalcwidc Plumbin~- Bgca Raton~ Florida Fcbruaq' '1996 to S~ptember ~ 9'~8 Supervisc~r / Pr(!i~ct Manager in charge of scheduling and cc)ordinating a.pl~rc, ximatcly 30 plumbers assignin~ them to their daily jobs and prt~jccts. Additional duties include: atte:nding weekly jt,b site meetings, purchasing n~aterial l~'~r respective jobs. ch{mge orders, conduc:tin~ wcckl3, meedng with employees in my charge. Listed below are a lew o 'thc projects (including. rcstaurams) that I completed: Van~aAc I"lumbin~ ~ I-le~tin~ Inc. - ~laholmc~ Nc~ York .lune 1985 to .Janu~u'¥ 1996 Vama~c 'Plumbir~ c~ Heating. lnc. was a plumbing contracting business dealing primarily whh commcrcial/industrial plumbing services and installations, including glass pipe~ mecha~dc, al joints, I)¥'C~. no hub. ftlse sea]. etc. Vantage Plumbing also handled alt aspects of sewc-r and t]rah'] scrvices and installations. As owncr, I had extensivc experience in estimating new work fi'tnlq t;l:~ecificatiojqs and/or plans, scheduling time on .jobs l'br my workers, accounts receivable and accounts payable. Kecent contracts had been x~,itl'~ Ciba (3eigy. A.KC() (7.:heroical Philip Morris and (2ienera] Foods (all basicall5 in thc Westchestcr area)_ I had a sta.ff of i~ lk)rc'[l'z(~n. mechanics. '3 hclpcrs with 4'servicc vehicles on thc road daily_ Vantftgc Plumbing also served a [)l'O]2~rt)' tna~a~er for a real cstate company for 2 of their properties, taking care of gen~-ral [~ain~cnancc' repair work. contracting landscape'rs, snow removal, etc. ~anle's ['izzcria and Restaurant- Mahol)~,c~ New York June 1984 ~o June ~ [)antc's Restt-~urant wits owz~ed and ope-rated by my wilk' and myseltl I found a.n empty store_ rc'novadod ir con~pietel)., got the busi.ness going aod sold it at 4 times our original investment. In one year':4 time. we became the highest volume' pizzeria in Mahopac. We had a dini.ng capttcit)' of 60 patrons and a total stal"fofapproximate]~ 15 employees. Wine imports~ Inc. - llawthorne~ New Jcrsc)' 1979 to 1984 .As salcsma.n lbr Wine Imports. my ten'itorv was primaril), West.cht-stcr CountT- I scrvicc-d ~tpproxima,cly 42 accounts, including retail liquor stores, restaurants and bars_ Wine imports was eventually sold and l left to op¢-n my own r~tstadrant. Plumber's Local ff20~- Yonkers~ New York 1968 to 1979 Wc, rked t'br Plumber's Union. starting as a helper and progrcssed t.o lbreman. During d~cse l years. I worked Ibr many plumbing companies such as Mm~;ood Mechanical. H. am'~ony Plumbing & Sprinkler. Inc.. both oF Yonkers. NY. Experience was mostly in co[~m~erc'ial and industriul tEDUCATiON ( ;raduatcd I?om Saunders Triode mad 'l'cchnical High School in Yonkers. New York (';raduatcd and certified fi-on~ ldumbir~g's L.!l~iOn I.ocal 200 Apprentice.ship 5 year ct,uric, con5 slit's: c~f practicul ¢xpcricncc. p[a.n reading, saC't2 c,)trses, ma.na~erial Ed l.ldCZ.:,.7,8 l"'80E 0~_ 'd:~S "'4t'-9'I; ..','1-' '[9"4- : 'Oil XM_:I : [.108_:1 BOARD MEMBER APPLICATION 1993 2001 1. LastName:. t, ', .~ '~, NameC'-~---~_~.l 2. Home Address: - h Ci, x S~}, Zip Co~ ~ 5. Le~ Residence: - I / Ci~ State ~p Code 4. Princip~ Business Address: Ci~ Sure Zip Code ~101. ~,r)~ ~t~5' H°me Ph°ne: I Business Ph°ne: I E-Mail Addre'~: ~ l~~~~i~, k.~ I Cell Ph°ne:~ I Fax: 6. Are you a re~stered voter? '4 - ~- ' If so, wh~-~ ~ you re~ste~e~ 7. ~at Boa()s are ou.'lntere tedIl' _'g.n ~ P~se ~st h order of pre&re,ce: 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: 11. Give yoq[ present,,~or most recent employer and position: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certify that all the above statements are tree, and I agree and understand that any misstatement of material facts c((n--~"~ed in this application may cause forfeiture upon my part of any appointme,~n~I may r~ceive. SIGNATURE DATE Note: ~eli;.?:v~il. lW~be r~hr~ma~p~.;:nd~:;:sh;~Cn:irtbi~iC.~;~s;f~e~t~~~~n~tt~:~2phy.~;~.s~fnr~.?~tnh~de.ate it was. SnI21TYCLERKXltO ARDkA PP LICATIOIq CITy CLERK PATRICIA T. WESTALL 1102 Seaspray Avenue Delray Beach, FL 33483 . 561.243.7959 Patdcia_Westall~hotmail.com SUMMARY A high energy healthcare professional with over twenty years of experience in client services, specializing in clinical consulting, marketing, sales, strategic planning and administration. Excellent problem solving abilities and group process skills. Can work with professionals and groups at any level. SKILLS CLIENT SERVICEs Managed hospital accounts at executive level as point of contact, from initial delivery/installation through complete product/service delivery with consistently high customer satisfaction ratings. STRATEGIC PLANNING Directed hospital strategic planning process. Served as planning consultant to clients for defining goals and objectives, negotiating vendor contracts and refining market share strategy. MARKETING Directed marketing activities for clinical outcomes management firm and was VP of Marketing for large urban hospital. COMMUNICATION' Strong presentation skills refined through managing a variety of sales presentation models to large and small groups, including physicians and hospital boards. SALES Successfully sold multi year contracts for clinical / financial outcomes products and services to hospitals and health systems. EXPERIENCE June 2000- Consultant and Independent Contractor, Atlanta Georgia and Delray September 2002 Beach, Florida Hospital and Physician Practice Managed Care Contracting GE Medical Systems Healthcare Solutions, Atlanta Georgia March 1998- Regional Director/Senior Manager, Client Services June 2000 Responsible for account management for clients in multiple states as well account renewals and additional product and consulting sales. September 1990- IAMETER, Inc., Atlanta, Georgia February 1998 Senior Manager Presented, sold and delivered cliniCal outcomes products/services to administration and medical staff. Directed marketing activities and training of new sales, marketing and account management personnel. Participated in planning sessions as well as development of new consulting practice aroas. July 1983- GEORGIA BAPTIST MEDICAL CENTER- Atlanta Georgia April 1990 Vice President, Planning and Marketing Directed planing and marketing functions-for this 500 bed non-university teaching facility and its affiliated organizations. Coordinated strategic planning process. Directed development of data support systems. Managed public, community and guest relations. Coordinated all Physician support activities. Supervised staff in six supporting departments. June 1982 - EGLESTON CHILDREN'S HOSPITAL AT EMORY UNIVERSITY July 1983 Atlanta Georgia Strategic Planning Analyst Coordinated statistical support for facility strategic plan. Served as liaison between hospital board, administration and long-range planning strategy consultants. EDUCATION 1990 M.P.H. - Health Administration Emory University - Atlanta Georgia 1979 B.B.A. - Health Administration Georgia State University - Atlanta Georgia SELECTED PROFESSIONAL/VOLUNTEER ACTIVITIES · Society for Healthcare Strategy and Market Development of AHA · Georgia Society for Healthcare Planning and Marketing, Past President · Women Healthcare Executives, Founding Member · Georgia Nurses Foundation, Inc. Board Member 1994-1996 · GSItPM, Annual Meeting, 1993, Faculty · NAHDO, Southeastern Regional Meeting, 1994, Measuring Provider Performance~ Presenter · QUality Review Coordinators of SW Ohio, 1994, Making Sense of Data~ Presenter · South Carolina Health Informati°n'Management Association Annual meeting, 1995, Presenter · International Communications for Management, Direct Contracting'96, The Future of Managed Caret 1996, Presenter · International Quality and Productivity Center, Best Practices in Direct ContractinR, 1996, Workshop leader · Community Service Award, Women Healthcare Executives, 2000 · Cedar Hill Enrichment Center, Board Member, 1999-2002 · Metro State Prison for Women, Atlanta, Volunteer, 1997-2002 · Palm Beach Literacy Coalition, Reading Tutor, 2003 - present · Delray Beach Residents Academy, Graduate, May 2004 · Beach Property Owners Association, Design Guidelines Task Force, 2003 -2004 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~r]/v~I SUBJECT: AGENDA ITEM #c~¥,.., _ REGULAR MEETING OF OCTOBER 5, 2004 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL DATE: OCTOBER 1, 2004 Mr. Harvey Starin has forwarded his resignation from the Neighborhood Advisory Council creating a vacancy for an unexpired term ending October 31, 2006 for Zone Six. On September 9, 2003, Ordinance 27-03 establishing the Neighborhood Advisory Council for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods was passed and adopted. The Neighborhood Advisory Council consists of fifteen (15) members and two (2) student members. Twelve (12) members are residents with two (2) residents selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. The following individuals from Zone Six have submitted applications for consideration: Applicant Occupation Subdivision Gerry Franciosa Retired Law Enforcement Tropic Isle Jeremy Office Financial Advisor Tropic Palms Nancy Schneider Flight Attendant Lowry Park Estates James Smith Controller Banyan House Teresa Travatello Assistant Tropic Isle A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was done and all are registered. Based on the rotation system, the appointment will be made by Mayor Peflman (Seat #5). Recommend appointment of one (1) member to the Neighborhood Advisory Council for an unexpired term ending October 31, 2006 for Zone Six. Harvey D. Starin 3596 Admirals Way Delray Beach, Florida 3~483 July 26, 2004 Ms. Janet Meeks Education Coordinator City of Delray Beach 100 NW 1st Ave Delray Beach, FL 33444 Dear Janet, After a great deal of thought I have concluded that my personal and professional time constraints will not allow me to adequately perform my duties as a member of the Neighborhood Advisory Council. Regrettably, I feel the only prudent thing to do is to resign to allow someone else to take my place. I think the work of the Council is important and the people I met on the council were strongly committed to making a difference in our City and in the neighborhoods in which we live. For me to continue with a less than complete time commitment would not be fair to the others or to the underlying ideals of the Council. I wish to thank you for allowing me the opportunity to participate and wish you and the rest of the Council members best of luck as you continue to pursue this most worthy effort. CITY OF DELRAY BEACH, FLORIDA Neighborhood Advisory Council - Appointment Zones - L-M ~ C.I$ C.4NAL DRAFTE~ 8Y~ S.& ZUSGK. A~5. PL.M/~q NEIGHBORHOOD ADVISORY COUNCIL 02~04 TERM EXPIRES DISTRICT NAME & ADDRESS TELEPHONE 10/31/04 Zone 1 Frances Chassen Home: 498-5870 Appt 02/17/04 Unexp 4730 D Northwest Fourth Street Work 499-6323 Delray Beach, FL 33445 Fax: 10/31/04 Zone 2 Robert Gillespie Home: 638-8697 Appt 11/04/03 460 Sherwood Forest Drive Work 278-2628 Delray Beach, FL 33445 Fax: 278-8688 10/31/04 Zone 3 Karen Lustgarten Home: 266-9084 Appt 11/04/03 1850 Homewood Blvd #408 Work 202 277-2522 Delray Beach, FL 33445 Fax: 10/31/04 Zone 4 Cory (Caroline) Cassidy Home: 278-0150 Appt 11/04/03 424 Palm Trail Work: 266-6760 Delray Beach, FL 33483 Fax: 265-0616 10/31/05 Zone 5 Evelyn Dobson Home: 276-3593 Appt 11/04/03 130 Northwest 3ra Avenue Work: 994-1788 Delray Beach, FL 33444 Fax: 912-9076 10/31/05 Zone 6 Fred Fetzer Home: 276-6712 Appt 11/04/03 932 Evergreen Drive Work 715-9030 Delray Beach, FL 33483 Fax: 10/31/05 Zone I Arthur Brown Home: 496-0264 Appt Unexp 01/13/04 4255 Northwest 10~h Street Work 862-2361 Delray Beach, FL 33445 Fax: 10/31/05 Zone 2 Sheldon Weft Home: 496-0549 Appt 11/04/03 925 Greensward Lane Cell: 573-9355 Delray Beach, FL 33445 Fax: 496-3867 10/31/06 Zone 3 Susan Kay Home: 495-7848 Appt 11/04/03 2571 Hampton Circle North Work: Dekay Beach, FL 33445 Fax: 10/31/06 Zone 4 Mike Cruz Home: 274-4856 Appt 11/04/03 1510 North Swinton Avenue Work: 954 427-0404 X230 Delray Beach, FL 33444 Cell: 350-7360 10/31/06 Zone 5 Gaff Lee McDermott Home: 279-2551 Appt 11/04/03 721 Southeast 3~a Avenue Work: 276-8763 Delray Beach, FL 33483 Fax: 279-4331 10/31/06 Zone 6 Harvey Starin Home: 272-1665 Appt 11/04/03 3596 Admirals Way Work 272-7100 Delray Beach, FL 33483 Fax: 243-6087 10/31/04 At Large Rita Ellis Home: 278-1666 Appt 11/04/03 Representative 512 Andrews Avenue Work 278-7125 Delray Beach, FL 33483 Fax: 274-3501 10/31/05 At Large Roy Fraker Home: 265-2607 Appt 11/04/03 Representative 38 1/2 South Swinton Avenue Work: 274-3215 Delray Beach, FL 33444 Fax: 274-3201 10/31/06 At Large Charles Stravino Home: 495-5375 Appt 11/04/03 Representative 3631 Lowson Boulevard Work: 243-7412 Delray Beach, FL 33445 Fax: 243-7461 10/31/04 Student Allison Mattocks Home: 737-8485 Appt 11/04/03 2595 Southwest 14th Street Work: Boynton Beach, FL 33426 Cell: 441-6920 10/31/04 Student Aaron Ussery Home: 266-9647 Appt 11/04/03 333 Northwest 4~ Avenue Work: Delray Beach, FL 33444 Fax: S/City Clerk/Board 04/Neighborhood Advisory Council ~E~'! : b-E:R.-SA~ FF~K HO. : 561~-~660746 ~p. 09 _0003 ll:44AM Pi BOARD ME~[R APPLICATION OITY OLERK CITY' OF DELUY BEACH 2837 Cormorant Road . . I)e.[roy Beac~. I.'1. 336~4 4. ' pdncip;tl Business A~}l~css: Ci~ Smcc Zip (:ode 777 Iq aclonric Ave. Suite 400 . Delrny_h~.~ .F~ ,_ 334R3 (561) 330-2713 l(5bl) 27~-16A1 Office.~Bel. l. sourh.~(5613670-71'tl (561~ 33n-v'~1 6. Are you ~' rc~xrcr~ rorer? If so. whcrc arc you rc~dstcred? 7. ~'har Board(s) .re y,,u intcrcstcd, in sE~dn_(? ~,:=ts¢ list in ordcr of t~l'la'nm~iag and Zon~g 2)~0ar~n~ Cn.n~cr,,~o~ 3) flegghhor'hood Adv. isOry CgyBcil 8. iJsr ~1Ci~, ~a~s on which ye~u :~m cun-cnrly sc~'ing or have prc~,iously sc~'~: (l>lmtxe include . ~one,Cprre.n~ly O. F. ducadonal qu:dificari°ns: ICL l.igr any rclarcd professional cerdficafinns :md licenses which y,m boM: Certi. fied Finrmciul H:tnag~r, Cha.rter.ed I 1. Give your prcscnr, o,' m°sr rcccnr employer, and 12. l)cscdl~ cx~ncnccs, s~Us or know'ledge which Clmdi0 you to scmc ,,n this board~ 0'l~msc amtch a I~hcf resume) l' bcrcbv ccr0f'v rh;~t :dj rhc :tl>%vc .~r',~cmc'nl.q :trc t~c. :l~d ] a(rcc :md umJcrst;uld o,nraincd~n ~s appficadon may cause fi)rfcirurc u~m my Va~ of;my al)P,,inrmcnt I may receive. 'J ~'~r; Da're : N,.>m:' Ti]is app:licad<>n ~ql'l: rcm:tin on file in thc Cite CIcCk's Office for a peri~t of) ycars from cbc dare ir.was submitted. It will be ~c ;tpp~cant's responsibili~ ro ensure that a currcnr application RECEIVED JUL 0 9"200 CITY CLERK · ~ 2837 Cormorant Rd Delray Beach, FL 33a.~. 4 Telephone: (561) 330-2713 ~ E-Mail: officej~bellsouth, net Jeremy S. Office Developed strong management and sales skills while creating valuable networking and inter-personal relationships. Facilitated total customer satisfaction by exhibiting versatility, dependability and a bottom-line mentality, proven ability to adapt to new business situations and in a short time period, performance has resulted in a path of consistently increasing responsibilities and promotions. l~ 'M~rrili L~ch & Company~ Delray Beach,· Florida (April 2002 - Present) Financial Advisor (Global Private Client Group) April 2002 - Present · Serve as the Financial Advisor to over 90 households · Strong proficiencies in the arenas of Retirement Planning, Liability Management and Managed Money · Provide complimentary financial planning services to the employees of'the City of Delray Beach Daleg, n Technologies Inc. l Boca Raton, Florida (December 1998 - December 2001) Partner Manager (Sal~s Division). April 2001 - December 2001 · Resp0ns~Ie for managing specific partners f~om pre-sales to the integration contracts ($50K-$1MM+). · Developed multiple new:vertical markets for Daleen and.their partners to enter. · Conducted sales training around the country for multiPle partners and supported their Sales centers. Lead partner Serviees Manager (Partner Services Division) January 2000 - April 2001 · Team lead. in managing budget, resources, contracts and statements.of work. · Responsible for.development of a team of three managers. · Responsible for rolling out new "Parmer Maturity Model" and implementing the strategy. · Worked direCtly'with.the Director to create strategy,.proceSses and documentation. · Major responsibilities were'contract negotiation, contract analysis, preparing statements of work and coordinating resources to support our Integration Partners. · Responsible for over $500K of contributed revenue to our Professional Services and Training divisions. · BUsiness AnalYst(Professional Services Division) December 1998 - January 2000 · Lead a team 0f Technical and Development resources in the first successful South American Implementation .. of the Rev~ .(BillPl~x). pr°duct. · -Cone~ently worked'to .fUrther develop.the Business AnalYSt FOrum as'the Professional Services organization tripled in size during this time. · First entry-level hire by Daleen Technologies. Part of a three member team that created the RevChain (BillPlex) "Package" which went on to serve as the competitive differenfiator in the market space. ~ · Excellent inter-personal skills well suited for developing and sustaining long term relationships · Wellqleveloped planning, communication and documentation skills · ProfiCient in Excel, PowerPoint, Project, Outlook, Access, Word, and Photoshop. Masters of BUsiness Administration-{MBA) · University of Florida; Gainesville, Florida; November 2002 Bachelor of Business Administration: Finance (BA) Minors: MIS and Pre-Law. · Miami University; Oxford, Ohio; June 1998. Designations: · Certified Financial Manager (CFM) · Chartered Retirement Planniog Counselor (CRPC) · Certified Financial Planner (CFP) - currently taking courses · Series 7, Series 66, Series 31, Life, Health and Variable Annuity Licenses IIII~r BOARD MEMBER'APPLICATION 2001 1. LastNam~ C_~f.~v~L~-r~~ Name l~)(70AC~ M.I.g 3. Legal'Residence: Cityk State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6. Are you a registered voter? kd~ ~.c~ ' If so, where axe you registered? 7. What Board(s) are you in~exested in seswing? Please list in order of preference: 8. List all City Boards on xmhich you axe currently serving or halve previously served: (Please indude dates) 9. Educationalqualificatio% 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and ~apsitiom\ 12. Describe experiences, sidll_~ or lmowledg~, which qnalifiy you ty) serve qn this boa~ {Please attach a brief resume) ! hereby ce~ that all the above statements a~e tree, and I agt'ee and understand that any misstatement o£ material facts ~ ~o. tained in this.~j~ ~M]gn may cause forfeiture upon my part of any appokttment I ~ay s~aX. fiYim -" "~ ' D*TE I t ' Not< This application will remain on file ha the City Clerk's Office for a period of 9. yea~ from the date {~was submitted. It will be the applicant's responsibility to ensure that a curr_e__~nt a~pplication is on file. RECEIVE:U 0CT '2:2 2003 CITY CLERK: CITY OF DELRAY BEACH I'111!BOARD MEMBER AppLIcATION Please. type or print the following information: · 2. HomeAdckess: ' City be.i/~' -- -~~q~-.--S~ ZipCode ' 3. Legal Residence: City State Zip Code 4. 'Prindpal.Business AddresS: City ' State Zip Code 5. Home Phone: Busin'ess Phone: E-Mail Address: Cell Phone: Fa~ -6. ~re you a registered rorer? -. ~e$ If so, w~h~c~ ~'~c'~ou registered? 7. ~(7~at Board(s) are you intuited in serving? Please list in' Order of preference: 8. List ~11 City Boards on which you ar~u-rcntly serving or l~vc previously served: (Pl~sc include d~tes) 9~ Educ~tioml quxlific~ons: 10. T.i_,t ~ny rchtcd-professional certifications 2~d licenses W~ich you hol& 11. Give your present, or most rccC~t employer, ~d Dositiom 1Z Describe ex~_ 'ences. skills .o,r, knowledge which qu~li~'fy youtto serve on ~ bozxd: (Pleasg.tt~ch I hereby certify that all the abo%e statements are true, and I ~ and unde~tand ti{at any misstatemeq con ' in this application may cause forfeiture upon my part of any appointment I may receive. SIGN~ClJRi~ - DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it ~as submitted. It ~ be the applicant's reSDOnSibJlity to ellsure t~lat a cu~ent a~~O~L~C^11os Sep, 1G 04 09:32a UELMHY HUH ISHHPllJI-M b612'/UUbbb ~ p. 1 RECEIVED SEP 1 6 200 BOARD MEMBER APPLICATION CITY CLERK 1993 2001 2. Home Address: Ci~ State Zip Code 3. regal ResMence: ~;~;~q _ State Zip Code 4. Principnl Business Address: Ci~' ~ State Zip Code 5. Home Phone: Business Phone: I E-Mail Address: I CeU Phone: 6. Are you a re~stered voter? IfTo, where ate you registered.> 7. What Bo~d(s) are you interested in sendng?ff]ease fist in order of?reference: '~ 8. List all CiD' Boards on which you are currently serving or have previously served: (Please include dates) 9. Educational quMifications: . - · 10. List any related professional certifications and licenses which you hold: 11. Give yogr present, or most recent employer, and position: t2. Describe experiences, skills or knowledge wl-dch qualify you?o serve on this board: (Please attach a bdef resume) I hereby certify that aQ the above statements are true, ~nd [asree and understand that any misstatement of material hers contained M this application may c~use forfeiture upon my part of ~y appointment I tony receive. SIGNATURE DATE Note: Tbs apphcafion will remain on file in the Ci~~ Clerk's Office for a period of 2 years from the date it was submitted. It wi~ be the app~cant's responsibi~W to ensure that a current app~mfion is on file. Se~ 16 04 09:33a DELRAY BCH CHAMBER S612?BOSSS RECEIVED SEP 1 6 2. ^venue CITY CLERK Dclray Beach: FL 3344.4 Phone: (.561) 504-0615 Email: travatello@ eatthlink.nct OBJECTIVE: A director's position in the careers of media, public relations, and marketing that will use my acquired skills and experience in communication, management, marketing, and organizational and personally developed interpersonal skills. SUMMARY OF QUALLF[CATIONS Expertise in developing and executing marketing strategies. Effective in generating new business contacts, providing product know~edge and client development. At ease with various one on one and group speaking environments. Prove track record for successfully achieving goals. Skilled in the use of MS Window's~ Access, Excel, Microsoft Word, Photo-shop, Adobe Acrobat, and Microsoft Publisher. Highly developed communication, interpersonal, organizational, teaching, program management, and leadership skills. Dedicated and self-motivated team player. Demonstrated ability to quickly achieve organizational integration and assimilate project requirements. WORK EXPERIENCE 01/04- present Downtown Delray Beach Joint Venture, Assistant Coordinate special events, brochures, and flyers to promote the downtown· Write and se~d press releases, work with media and coordinate sponsor participation in events. Photograph events and meeting tbr publication and archives, Organize Marketing Program member participation in events, brochures, and retail promotions. Produce monthly community calendar of events. Coordinate annual Downtown Business District Map. Serve as Chamber staff liaison to the Downtown Merchant and Business Administration and organize quarterly networking meetings. Assist Downtown Coordinator with other marketing or economic development projects_ Attend Joint Venture, Downtown Merchant Business Association and Downtown Development Authority board meetings. Create news pieces and events for website marketing, wide world web, and Greater Delray Beach Chamber of Commerce Newsletter. 10/02- 12/04 Advertising Representative Advise and execute advertisement campaigns for business and merchants in Downtown Delray Beach. Effectively serviced existing clients as well as assist new clients with advertising needs. Maintained positive credit status with clients and company through efficient collections. Accurately proof and design advertisements and news storys per client neecks. Attend trade shows and sponsored events representing The Forum Publishing Group effectively_ 06/00 - 10102 Marketing Director Actively manage short and long term leads to qualify prospects and advance them through the sales process. Developing and maintaining relationships with a targeted base of referral sources. Maintain a working knowledge of local market trends and competitor offerings and pricing to develop effective sales and marketing action plans. Conducting property, and community-based presentations and educational MEMORANDUM TO: David Harden, City Manager FROM: Patsy Nadal, Buyer THROUGH: Joseph Safford, Finance Director DATE: 09/3012004 SUBJECT: PURCHASE and INSTALLATION of AUDIONIDEO MONITORING SYSTEMS FOR PD HOLDING FACILITY AND INVESTIGATIVE INTERVIEW ROOMS Item Before Commission: City Commission is requested to approve the purchase and installation of an audio/video monitoring system for the holding facility and investigative interview rooms at the Police Department from Level 5 Security, Inc. The cost for equipment and installation is $36,295.00. The system will allow the department to digital record the areas 24 hours per day, 7 days per week. Back.qround: From July 27, 2004 through July 29, 2004, the Police Department underwent an on-site assessment from the Commission for Florida Law Enforcement Accreditation, Inc. The on-site team recommended that the Police Department purchase an audio/video monitoring system for each holding cell. Three vendors provided proposals after review of the two areas (C.K.'s Security Systems, Inc, Maximum Security & Alarm Systems, Inc. and Level 5 Security, Inc). After reviewing the proposals and talking with other clients, the PD has ejected to purchase from Level 5 Security, Inc. The proposal includes replacing the 8 existing analog black and white cameras located in the holding facility with digital color cameras; none of the other quotes included this feature. This system will allow future expansion of all other cameras located around our facility; none of the other vendors made this claim. Level 5 Security is currently installed in the City of Lake Worth Police Department and the Town of Palm Beach Police Department. Both agencies are very satisfied with the equipment and level of support received from Level 5 Security. Level 5 Security is a well established company and has the resources to provide emergency response in a timely manner. The department would also like to replace the antiquated, non-functional VHS recording system in the Investigative Interview Rooms. Three proposals were received for this area as well (Your Security Connection & Custom Electronics, Maximum Security & Alarm Systems, Inc and Level 5 Security, Inc). We are recommending Level 5 Security, Inc. This allows us to deal with one vendor for multiple systems. Funding, in the amount of $36,295.00, will be provided out of the Federal Forfeiture Account 115- 2112-521-49.90. Recommendation: The Police Department is recommending the purchase and installation of an audio/video monitoring system for the holding facility and investigative interview rooms at the Police Department from Level 5 Security, Inc. Attachments: Proposals w/Tabulation Memorandum from Tina Lunsford, Administrative Office Compliance On-Site Assessment Report 1 ~-.---- 0 · ~' ~) _ ~ ~ o .~ -- ~ ~o o~ o ~ ~ ~ oo°~ ~o ~'~ o~ oo o = -- 0 ~ · 0 ~ ~ ~ ~o ~ R~ ~o ~o -- .... ~ ~ ~o o~ ~ E ~ o ~ E ~ = . E~ ~ > ~ E o~m ~ ~ ~ ~ o 8 ~ ~ ~ ~ ~ o ~ _ ~0 ~ c ~0 ~ ~ 0'5 o'-oU o .... o ~ o ~ ~Oo ~ ~ 's ~ ~ ~ mo~o~~ = ~ ~ Delray Beach Police Department AlI-Ame,iCaCi 300 West Atlantic Avenue, Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 1993 Joseph L. Schroeder 2OOl Chief of Police MEMORANDUM To: Patsy Nadal Purchasing From: Tina L. Lunsford~c~ Administrative Officer Date: September 29, 2004 Subject: PURCHASE OF AUDIO/VIDEO MONITORING SYSTEMS FOR HOLDING FACILITY AND INVESTIGATIVE INTERVIEW ROOMS From July 27, 2004 through July 29, 2004, the Police Department underwent an on-site assessment from the Commission for Florida Law Enforcement Accreditation, Inc. The on-site team recommended that the Police Department purchase an audio/video monitoring system for each holding cell (See page 15 of the Final Assessment Report, Chapter 30: HOLDING AREAS; last sentence). We had three vendors come to the Police Department and provide quotes (C.K.'s Security Systems, Inc, Maximum Security & Alarm Systems, Inc. and Level 5 Security, Inc). At~er reviewing the quotes and talking to clients the department has elected to purchase from Level 5 Security, Inc. Their quote includes replacing the 8 existing analog black and white cameras located in the holding facility with digital color cameras; none of the other quotes included this feature. This system will allow future expansion of all other cameras located around our facility; none of the other vendors made this claim. Level 5 Security is currently installed in the City of Lake Worth Police Department and the Town of Palm Beach Police Department. Both agencies are very satisfied with the equipment and level of support received from Level 5 Security. Level 5 Security is a well established company and has the resources to provide emergency response in a timely manner. The department would also like to replace our antiquated, non-functional VHS recording system in our Investigative Interview Rooms. We received three quotes for this area as well (Your Security Connection & Custom Electronics, Maximum Security & Alarm Systems, Inc and Level 5 Security, Inc). We are recommending Level 5 Security, Inc. This allows us to deal with one vendor for multiple systems. Serving with P.R.LD.E. Professionalism, Respect, Integrity, Diversity and Excellence SUBJECT: PURCHASE OF AUDIONIDEO MONITORING SYSTEMS FOR HOLDING FACILITY AND INVESTIGATIVE INTERVIEW ROOMS DATE: September 29, 2004 PAGE: 2. Funding, in the amount of $36,295.00, will be provided out of the Federal Forfeiture Account 115-2112-521-49.90. As you are aware, I am unable to key in the requisition at this time. We would like to place this request on the Commission Agenda for October 5, 2004. If approved by Commission, I will key in the requisition. TLS/ Attachment cc: Chief Schroeder, Police Departmem To: Commission for Florida Law Enforcement Accreditation, Inc. From: Douglas L. Griffith, Team Leader Date: August 2, 2004 Re: Full-Compliance + CALEA Recognition On-Site Assessment Report Delray Beach Police Department Standards Manual Edition: 3.0 A. Dates of On-Site ASsessment: 'July 27, 2004 through July 29, 2004 Key. Agency Personnel: Chief Executive Officer: Chief Joseph L. Schroeder Accreditatition Manager: Ms. Maria C. Marino-Bollan Accreditation Team Member(s): B. Assessment Team: Team Leader. Douglas L. Griffith (DLG) Team Member:. Jason Ciaschini (JC) Title: Sergeant Title: Captain Employer: Clearwater Police Department Employer: Punta Gorda Police Department 645 Pierce St. 1410 S. Tamiami Trail Clearwater, FL 33756 Punta Gorda, FL 33950 Telephone: 727.562.4347 Telephone: 941.575.5524 E-Mail: dgriffith~clearwaterpolice.org E-Mail: jasonc~ci.punta-gorda, fl.us Team Member. Mario DeLudos (MD) ~Tifle: Captain . mployer: Martin County Sheriffs Office 800 SE Monterey Road Stuart, FL 34994 Telephone: 772.220.7064 .. E-Mail: mdeludos~sheriff, marftin, fl.us C. Standards Summary Tally: CFA Compliance Tally M = Mandatory ~ N = Non-Mandatoryj Percent of Number of Number of Number of Percent of Applicable Number of Percent of Standards Non. Standards Applicable Standards Applicable Applicable Total Not Number of Waived, Elected for Standards Not Non-Elected Non. Elected Number of Applicable Standards Applicable 20% Elected Elected Standards In Standards In Standards (By Function) Waived Standards Exemption (20% max.) (80% min.) Compliance Compliance* .~:1 ~6 ] ~ [ 0 [ 13~ [ 0 I 0.00% l loo.o~l ~3s [loo.oo~ N:I 130 I 19 I 0 I 111 { 4 I 3.60% { 96.40% I 107I ~oo.o0% I * Both 'Mandatory' and "Non. Mandatory' in last column must be 100% for accreditation. Delray Beach Police Department Final Assessment Report: August 2, 2004 Page 15 of 16 Chapter 29: ARRESTEE TRANSPORTATION (Assigned Asgessor: JC) The Delray Beach Police Department has policies and procedures in place regulating the transportation of prisoners and detainees. Officer Jeff Rasor and Officer Jeff Caldwell were interviewed regarding these topics. Both officers were knowledgeable about prisoner transportation including policies which regulate both juveniles and adults. Chapter 30: HOLDING AREAS (Assigned Assessor: DLG) The agency has a practice of allowing detainees to remain in the holding facility in excess of two hours (CALEA definition for temporary holding areas); however, no detainee is held any longer than 8 hours (CFA definition for temporary holding areas). The agency met in both practice and policy the standards in Chapter 72 for CALEA. The agency does not maintain continuous supervision over its detainees and is looking to address this in the future. It was a recommendation made by the on-site team to the agency to look into purchasing audio/video monitoring for each holding cell and possibly review the need to utilize 8 different cells. Chapter 31: COURT SECURITY (Assigned Assessor: JC) The Delray Beach Police Department is not responsible for the provision of court security. Chapter 32: CIVIL PROCESS (Assigned Assessor: MD) This agency is only responsible for Civil Injunctions for Protection. Procedures for service of the injunctions is clear and easy to understand. Service is documented in a manner that is consistent with standards. Chapter 33: COMMUNICATIONS (Assigned Assessor: DLG) Excellent documentation both written and observed. I visited the Communications Center and interviewed Communications Manger Katie Hartmann who was exceptionally knowledgeable about the operations of the center and was able to verify compliance with the standards in this chapter. A recommendation was made to assess the feasibility of developing a written plan regarding fire and bomb threats. The agency was very receptive to this idea and was to begin this process. Chapter 34: RECORDS (Assigned Assessor: DLG) Records is a very secure area with extremely tight security placed on traffic citations. Juvenile records were found to be secure and separate from adult records. A suggestion was made with regard to the standard on computers. The agency is relying on a city policy to prove compliance and it was suggested that the agency adopt their own policy, mirroring the city!s policy in an effort to prove that all members were issued the policy. The agency had already began the process to develop their own' computer policy; however, it has not been issued at this time. Chapter 35: EVIDENCE (Assigned Assessor: DLG) A physical inspection of the evidence area was completed after reviewing the written documentation.. ~ The agency was .in compliance_, wit_h _the stand_ards and also provided more than sufficient proof of training as noted in Chapter 14 with regard to evidence collection. There was some initial concern over proof of lab analysis (what type of tests to perform and where the evidence goes), but after reviewing the documentation maintained in the evidence area, the concern was allev/ated. · 701 Park of Commerce Blvd. Suite 101 1~~ Boca Raton, FL 33487 #,~¢3. Phone: (5~1) 994-9288 Fax: (561) 994-7434 FL Lic.# EF 20000431 ! EF 20000432 September 23, 2004 Ms. Tina Lunsford Delmy Beach Police Department 300 W. Atlantic Ave. Delray Beach, FL 33444 Dear Ms. Lunsford, Enclosed is the proposal for the "Holding Cell" and "Detective Bureau" Systems. Along with the proposal is a copy of our license and insurance certificate. The Federal identification number is: Level 5 Installations, Inc. - 20-0877105 If you have any questions, or if any other information required, please do not hesitate to contact me. Jeff'Berk, V.~.~ JEFF' BERK V,P, BUBINE:am DEVELOPMENT 70[ Park of Commerce Blvd. su~te [oz Mobile: 561-722-6402 Boca Raton. FL 33487 Phone: 56[-994-9288 Lic.# EF 2000043[ / EF 20000432 Fax: 56[-994-7434 Website: www. levelSsec urRy. com Email: jeff.berkOlevelSsecurity.com REDEFINING WHAT IT MEANS TO BE SECURE ..... ONE CUSTOMER AT A TIME. Boca Raton., FI 33487 ~J ~l~/._~r/_y~ Phone:561-994-9288 Fax: 561-994-7434 i lNG. FI Lic.#EF 20000431 I # EF 20000432~ Bonded and Insured CUSTOMER INFORMATION: DATE: 9/23/2004 DELRAY BEACH POLICE DEPARTMENT PHONE: !300 W. ATLANTIC AVE. EMAIL: lunsford~ci.delmy-beach.fl.us iDELRAY BEACH, FL 33444 ATrN: TINA LUNSFORD MONITORING SERVICES PROVIDED BY LEVEL 5 VIDEO MONITORING, ~1 COMMERCIAL [2 RESIDENTIAL BURGLAR RADIO/CELLULAR BACK-UP NIA TOTAL MONTHLY FIRE QUARTERLY INSPECTIONS MONITORING COST: LIVE VIDEO INTERACTIVE HOURLY GUARD TOURS SERVICE & MAINTENANCE PROVIDED BY LEVEL 5 INSTALLATIONS, INC: TOTAL MONTHLY X IPARTS & LABOR AT NO ADDITIONAL COST FOR THE TERM OF THIS AGREEMENT, SUBJECT TO SERVICE & MAINT. COST THE LIMITATIONS CONTAINED IN THE LEVEL 5 TERMS AND CONDITIONS OF SERVICE $290.00 QTY ~ DESCRIPTION OF EQUIPMENT PROVIDED BY LEVEL 5 INSTALLATIONS, INC ~ EACH ~ TOTAL ~ HOLDING CELL SYSTEM VIDEO INPUTS, 500 GB HARD DRIVE, BUILT-IN DVD-RW 1 21" FLATSCREEN LCD MONITOR, VGA, HIGH RESOLUTION 9 PROVIDED CVC 607 CMTP TAMER CORNER MOUNT CAMERAS, 2.9MM LENS 7 SAMSUNG SCC-131 COLOR CAMERAS W/3.5 - 8MM AUTO IRIS LENSES I 16-OUTPUT 12 VOLT DC POWER SUPPLY BOX 4 LAROUE AUDIO KITS W/OPTIONAL EXTERNAL SPEAKER PER KIT I EXTRA LARGE PELCO LOCKBOX W/FAN TOTAL COST OF "HOLDING CELL" SYSTEM: ~J'" $18,376.00 DETECTIVE SYSTEM 1 PELCO DX8008 250 DVD DIGITAL VIDEO RECORDER W~B~HANNEL AUD,O INPUT CARD, 8 VIDEO INPUTS, 250 GB HARD DRIVE, BUILT-IN DVD-RW FLATSCREEN LCD MO.,TOR. VGA. H,GH RESOLUTION O 6 PRO VIDEO CVC-649 FM CEILING/WALL FLUSH MOUNT COLOR CAMERAS, 3.7MM LENS I 8-OUTPUT 12 VOLT DC POWER SUPPLY BOX 6 LAROUE AUDIO KITS W/SINGLE GANG MOUNT CONCEALED MICROPHONES __~'~ TOTAL COST OF "DETECTIVE BUREAU" SYSTEM: 5-~~.,~ $12,670.00 TOTAL COST OF EQUIPMENT: $31,045.00 DESCRIPTION OF LABOR PROVIDED BY LEVEL 5 INSTALLATIONS, INC RUN ALL CABLE AND WIRE AS NECESSARY. FURNISH, INSTALL AND PROGRAM. CUSTOMER EDUCATION. TOTAL JOB TIME ESTIMATE 6-7 DAYS. ~.~ ~! ~) C ~)..~) PERM.T&,.SP...CLUDED $o.oo TOTAL COST OF LABOR: $5,260.00 REMARKS/COMMENTS/SPECIAL INSTRUCTIONS: SUBTOTAL: $36,295.00 EACH SYSTEM TO INCLUDE UPS POWER BACK-UP, ALL CABLE, WIRE, CONNECTORS, SURGE PROTECTION AND INSTALL HARDWARE. 6% FL.SALES TAX EXEMPT TOTAL $36,295.00 NOTE: THIS PROPOSAL MAY BE WITHDRAWN BY US, IF NOT ACCEPTED WITHIN -- TERMS: DAYS FROM ABOVE DATE. ALL SERVICES PROVIDED UNDER THIS AGREEMENT ARE DEPOSIT ON AGREEMENT: $18,147.50 SUBJECT TO THE LEVEL $ TERMS AND CONDITIONS OF SERVICE ATTACHED TO THIS AGREEMENT AND AVAILABLE ON OUR WEBSlTE AT WWW.LEVEL5SECURITY.COM OR BY ,CALUNG ~6¶-994-9288. DUE UPON COMPLETION: $18,147.50 SUBMITTED BY: TITLE iJEFF BERK V.P. ;ACCEPTED BY: DATE MAXIMUM SECURITY & ALARM SYSTEMS, INC. 561-784-1945 561-998-1806 P.O. Box 1108 Loxahatchee, FI 33470 September 15, 2004 Delray Beach Police Department 300 W. Atlantic Ave. Delray Beach, FL 33444 Attn: Officer E. Aronowitz Dear Sir: As per our conversation and follow-up walk-thru of the jail area, I propose the following for you that should meet your video requirements: 8 color cameras, Samsung model SCC931, high resolution, vandal resistant, shock proof, water proof and dust proof. Power supply for all 8 cameras. 8 damage resistant microphones. Digital Video Recorder, 16 camera input, 750GB hard drive with CD writer built in. Microphone to D.V.R. interface Connection of 8 existing cameras to new D.V.R. 14 inch color monitor. ..,2 U.P.S. power supply. Connectors, wire, fittings, clamps, mounting hardware as required. The installation of the wire for each camera (coax and power) and microphone will be run above the ceiling. While aesthetics is not high on your priority, being above the ceiling will render it less vulnerable to damage, vandalism and the need to drill through and into the existing walls. Any requirement for 120VAC electrical outlets for the above components is not included in the bid. If any need to be installed, an electrician will have to be called to install them. The installation comes with a 1 year parts and labor warranty except for the D.V.R. which comes with a 90 day warranty. Also provided is 90-day free onsite instruction. System is capable of network or Internet interfa~ This is available at an additional minimal cost. The total pdce for this installation is $17,262.00 If you have any further questions, please feel free to call. Truly, This is an e-mail bid due to time constrictions. This bid is valid for 30 days. Signed copy to follow. John Hopkins President MAXIMUM SECURITY & ALARM SYSTEMS, INC. 561-784-1945 561-998- 1806 P.O. Box 1108 Loxahatchee, FI 33470 September 16, 2004 Delray Beach Police Department 300 W. Atlantic Ave. Delmy Beach, FL 32~.~. Attn: Officer E. Aronowitz Dear Sir: As per our conversation and follow-up walk-thru of the Detective Bureau, I propose the following for you that should meet your video requirements: 6 color cameras, covert in operational motion detectors 6 covert microphones Power supply for all 6 cameras. Digital Video Recorder, 8 camera input (for future expansion), 250GB hard drive with CD writer built in. Microphone to D.V.R. interface 6 - thirteen (13) inch color monitors. Shut-off switches for each individual camera and microphone centrally located. ...2 U.P.S. power supply. Connectors, wire, fittings, clamps, mounting hardware as required. Any requirement for 120VAC electrical outlets for the above components is not included in the bid. If any need to be installed, an electrican will have to be called to install them. The installation comes with a I year parts and labor warranty except for the D.V.R. which comes with a 90 day warranty. Also provided is 90 day free onsite instruction. The total price for this installation is $14,365.00 If you opt for 1 monitor instead of 6, the price of $12,933.00 would apply and the monitor would be a 14 inch color unit. System can be interfaced with a network or the internet at an additional minimal cost. If you have any further questions, please feel free to call. Truly, This is an e-mail bid due to time constrictions. This bid is valid for 30 days. Signed copy to follow. John Hopkins President 08/04/2004 14:25 5617371347 C K S SECURITY PAGE 02 C.IC'S SECURITY SYSTEMS, INC Estimate 301 S.E. 4TH STREET DATE ESTIMATE NO. BOYNTON BEACH, FL 33435 561-330-9838 FAX 561-737.-1347 300 W. Atlantic Ave cameras jail-2 DESCRIPTION UNIT UNIT PRICE TOTAL CAMERA SYSTENFJAIL OPTION 2 I 8,~60.00 15~.60.00 VIDEO SYSTEM WITH 8 CHANNELS OF AUDIO) 1.4:=ELCO PE--OXS01~!~"""""""'~O 16 CHANNEL DIGFI'AL V~DEO RECORDER VVITH 250G8 HARDRIVE I-PEDX9000 8 CHANNEL AUDIO OPTION 6-A MODEL MICROPHONES 1-8 CHANNEL INTERFACE CARD 6-~UNG SCCI~,I DOME CAN~RAS 1AJPS POWER SUPPLY 1-RUN CABUNO TO 8 C. ELI_$ tN WIRE MOLD 12-VIDEO 9ALUN$ 1,.LABOR TO INSTALL AND PROGRAM PAYMENT SCHEDULE ~ DEPOSIT ~ UPON COMPLETION ~ Ta~ EXEMPT NEW CONSTRUCTION 0.00~ 0.00 :~/1!/2004 9:5~5 I'M FROM: 775 587 4366 YSC C Your Security Connection _Custom Electronics PAGE: 093 OF SI12 15136 73rd Terrace N Palm Beach Gardens, FL 33418 Phone: (954) 984-9292 ~ Fax: (775) 587-4366 E-Mail: homC~yoursectwityconnection, corn August 11, 2004 City of Delray Beach - Police Department C~f '/'0~:~'~-: ,, z~ .~.t.-~~t~'f~:~/l~' C,"o Detective Robert Stevens & Detective Sgt. Brand - - 300 West Atlantic Avenue Delray Beach, FL 33444-3695 Dear Detective Stevens Thank you for the opportunity of presenting the following proposal to you. Our CCTV Surveillance experience and ability to seamlessly integrate with 5'our stringent critical path time requirements will prove advantageous to your progress with this project. The following proposal is based on the information provided gathered during our site visit last Tuesday. We proposed the following enhanced specifications for the CCTV system: a) 8-Channel DVR system with 8 Audio Inputs with Built-in DVD-tUW Drive in Computer System b) (6)-Single Channel Audio processing Base Stations c) (6) Color Motion Covert Motion Detector Cameras d) (6) 17" Color Flat-Screen LCD Monitors e) (4) Vandal Resistant Microphones for Interrogation Rooms f) (2) Ceiling Mount Microphone for Conference Room and Polygraph Testing Room I will assure you that Your Security Connection will be able to give you the best quality installation, best customer support, at a fair price. Yours truly, Vice-President Your Security Connection 2 ~?IL/2004 ~:11 PM FROM: 775 557 4366 Y$C C Your Security Connection _Custom Electronirs PAGE: 002 OF OO~ CCTV & Intercom System Proposal Scope of Woric Audio Integration I. Install (4) Louroe Stainless Steel Single Gang Vandal Resistant lvlicrophone plates in haerrogation rooms 2. Install (2) Louroe Covert "Heat Detector" Ceiling mount Microphones in Conference room and Polygraph testing room. 3. In,all (6) 1 -Channel Audio processing base station with built-in speaker for "listen-in" 4. Provide Remote access/administration software. 5. Provide 2 hours of Training & Setup of Software 6. One (1) Year Warranty on Equipment, 100 days on Labor 7. Complete design, layout, installation and testing at completion. Pricir~ / Specifics Equipment & Installation Installed Price Color CCTV System with Audio and $14,58238 Video Recording: Dell Computer System $1,549.00 Florida Sales Tax (exempt): $ 0.00 Total: $16,131.38 Customer Initial: Notes: 1. Adequate lighting may need to be provided by client for acceptable night vision quality 2. Should a permit be required it will be billed directly to customer at our cost. 8/!1/2004 9:00 PM FROM: 775 587 4366 YSC C Your Security Connection _Custom Electronics PAGE: 004 OF 212 CCTV & Intercom System: Engineering Obiective DELIA, Y BEECH P.D. Delray Beach P.D. hopes to upgrade its existing analog CCTV system with integrated audio to a state of the art digital audio/video processing system with quick media archiving via rev~Titable CD's. The CCTV system is to be moved from the current location to a new location, and all Audio/Video equipment is to be upgraded. Some existing Cameras may be decided to be relocated for surveillance of other parts of the facility, and will be quoted seperatly. Customer's Stated Objectives: To provide a NON-critical life safety audio/video recording platform with the capability, of audibly & visually monitoring six separate areas: Interrogation Rooms 1,2,3,4, Polygraph Testing, Conference Room Identify and record conversation through remote video and audio means. To remotely and independently be able to "Listen & View" any of the 6 areas simultaneously. · Be future capable, for adding additional areas. · Be capable of networking via computer network to view activity on DVR (no streaming audio) The system must meet these requirements: Video System Each Camera must be in the covert enclosure of a non-working Motion Detector · The DVR's must have Emergency UPS power. · DVR and cameras must operate during a power outage for no less than 20 minutes · 'All video ports on the DVR will be protected by lightning arresters. · DVR will have an internal DVD-/wR ~Titer for Archiving and Evidence Reporting. · Video must be available over customer provided IP network. Audio System · Each area will have its ovx~a microphone placed strategically in the room · All areas of audio will continuously be recorded · At the remote recording location, each area will have its own dedicated audio base station with built-in speaker, individually selecting each area to "listen-in" on, with all simultaneously if so desired. Camera intended Views · Camera functions are designed to monitor each of the six areas from an angle specified by Delray Beach P.D. 9:00 PM FROM: 775 587 4366 YSC C Your Securlty Connection _Cus~cm Electrcnics PAGE: 005 OF 012 CCTV & Intercom System: Engineering Obiective DELRnY BEJt B P.D. Display Devices · Each one of the 6 Cameras will have it's own 14" color monitor · One additional 17" Flat Screen Monitor for review & administration pu~oses Equipment and manufacturer contacts: See attached Specification Sheets g/11/2004 9:11 PM FROM: 775 587 4366 YSC C Your Security Connectlon _Custom Electronics PAGE: 003 OF 00~ Terms and Conditions Agreement~ ,&Il work will be done in a timely and professional manner according to all local electrical and hfe safety regulations The installation will take place during normal business hours, 8:00 am. to 5:00 Monday through Friday. The list of equipment to be purchased and/or installed, which listed in this agreement, or attached hereto, is final. Any additional equipment to be purchased and'or installed, not akeady listed in this agreement wilt reqmm an additional written contract (contract change order). All efforts w/ll be made to deliver and install the listed equipment in accordance with l~archasers' requirements However, due to current manufacturing lead times, please allow four (4) weeks for delivery, and :nstallation A full l-year parts and 1-year labor warranty is included for all system components furmshed and installed by Your Security Connection ,(hereafter "Company"). The undersigned Purchaser, or duly authorized representative of the Purchaser, agrees to all of the following terms and condition: Payment Terms: Afl sums due Company under this agreement, sha[1 be paid to Company at 15136 7? Terrace N, Palm Beach Gardens, FL 33418. A down payment equaling 254 of the total contract price is due at the signing of this agreement. Purchaser understands and agrees that the Company shall take no action of any kind on ~ts agreement until the ~)o/~ down payment is received. MI payments are to be paid in US currency. Service Charge: All amounts due Company under this agreement are payable thirty 00) days from date of invoice (unless otherwise designated). If any amount due Company is not received within thi~y (303 days t¥om the date of the invoice, then the account shall be deemed delinquent. In that event, a delinquency cha~ge of 1.5% per month (18% per annum), or the highest rate allowed by la,~; whichever is ~eatcr, shall ac~'rue on the unpaid bahnce_ Company re_serves the right to suspend all work in progrem m the event the account becomes delinquent Company reserves the right to refuse any and all work, if payment under this agr~ment is delinquent. A~sociated Fees: In the event of dehnquency, the Company shall be entitled to recover from Purchaser all costs of collection, including but not limited to, all recoverable litigation costs, including attorney fees, and an~v and all collection agency fees, and any other such remedies deemed appropriate under applicable law. Law Governing/Venue of Court Actions: This agreement shall be construed in accordance wsth and governed by the !aais of the State of Florida, without giCng effect to pnncipals cf conflict ofiaws, except where specifically pre-empted by Federal Law. In any action arising oat of tiffs agreement, venue shall be the County. in which Company is located or, at Company's option, the ComB' in which the Purchaser's business is located. Control Change: Purchaser shall provide x~x.~tten notification to Company (certified mail, return rozeipt requested) of any change in ownership. If Purchaser fails to proxqde notice of control change, Purchaser agrees that it shall remain liable for any and all subsequent purchases by the new miner of the business. Company may, regardless of t?.e terms stated on the invoice, require all outstanding mounts be paid in full on demand upon change of o'~ership and may refuse to make any further deliveries in service pending approval by Company of the subsequent or additional owner's credit. Expiration of Terms: The prices, product availability, and installation schedules, described herein, are subject to change. Accordingly, the parties acknowledge that the terms de~r..?bed herein do not bind the Company unle~ this agreement is fully executed and the 20% doxvn payment is received by Company, within mnety (90) days from the date of the offer is provided to Purchaser. Invoice Terms: 1) Materials -Purchaser shall be invoiced for the equipment and rectorial received and/or stored, 2) Labor - purchaser shall be invoiced for the monthly work performed. APPROVALS: Customer Representative {Signature /Date) YSC Representative {Signature / Date) Customer Representative (Printed Name) YSC Representative (Printed Name) $/11/2004 9:1! PM FROM: 775 587 4366 YSC C Your SecuriTy Connecticn _Custom Electronics PAGE: 004 OF 90= CCTV Warranty Service Proposal DB:I,B T BE CB P.D. Maintenance Feature: Maintaining your investment Warranty~ Service & Preventative Maintenance Contract Terms & Conditions: The folloaSng is our standard Service Contract terms and conditions. 7our SecurtO~ Connection (YSC) and the Customer ~ou) agree that the following terms and conditions apply when dais form has been filled out completely, signed by an YSC represemative and retumedto you. Where the word "Customer" is described, this shall be Delray Beach P.D., where the word "Company" shall mean Your Security Connection. EQUIPMENT The Company agrees to maintain only the equipmem as described in the final as- builds TERMS AND CON])ITIONS · If the customer makes any additions to the equipment, with the Company's approval, fl~e Company may adjust the contract price. · Title to all equipment and parts provided for repair or maintenance under this contract shall pass to Customer upon completion of the repairs for which they are used, and any replaced parts shall become the property of the Company. This contrac~ sh~ll automatically terminate in the event that irrep~able damage or destruction occurs which renders the equipment permanently unfR for use. · Company shall not be liable for loss or damage caused by delay, interruption, and s~oppage in construction or maintenance caused by strikes, walk-outs, acts of God or other causes beyond its control. · The Customer shall not perform any repairs without the Company's pri~r approval and shall not relocate, reinstall~ or modify any of the equipment without the Company's prior written approval. Such unauthorized relocations, modifications or repairs shall terminate the Company'~ con~ractual responsibilities on the affected equipmenL · The Customer shah provide the Company with ready access to the equipment at reasonable times, and a clean operating environment at the installation sita~ which does not e×ceed the rated temperature, humidity and operating specifications of the equipment, and all electrical current, outlets, circ~aits & wiring required by the equipment. '.~/11/20i'4 ~:21 PM FROM: 775 587 4366 YSC C Your Security Connection _Custom Eiectronzcs PAGE: 005 OF 0O' CCTV Warranty Service Proposal · Customer shall indenanify and hold the Company- harmless for any loss, claim or damage to persons or property arising out of Customer's use or possession of the purchased equipment excluding negligence or other fault of the Company and such indemnity shall survive the termination of the agreement. This contract shall be governed by and construed in accordance with Florida Law. Any disputes under this agreement shall be litigated in Florida and Customer hereby consents to jurisdiction of Florida Law. If either party brings an action to enforce this contracL the court shall award reasonable cost and expenses &litigation, including expert witnesses' fees, to the prevailing party. This contract may be modified, amended or revised only by written instruments duly extended by the both the Customer and the Company. SERVICES COVERED BY .SERVICE CONTRACT The Company will provide remedial maintenance services, including any neces~ry parts repair and/or replacement, on the equipment, when notified that the equipment is malfunctioning or inoperative. · The Company will provide the Customer all software and firmware upgrades that are provided by the manufacturer. · Telephone technical support and assistance will be provided in an effort to resolve the service issue faster and reduce the need to perform on-site service. · Standard service hours are between 8:00 AM and 5:00 PM, Monday through Friday, excluding national holidays. Standard service call response time is two (2) business days. · Standard service calls response time for non-emergency serxqce requested during weekend and/or after hours (i.e., 5:00 PM -- 8:00 AM) is two (2) business days. · Emergency service reque~ for hard failures (e.g., access to facility has been denied) will be responded to via a telephone call offering problem identification and resolution. Should on-site service be required, a technician will be dispatched to arrive within 4 hours. · Regular Business Hours Service charges are $85.00/hour · Emergency Service charges are $95.00/hour 9 ~/11/2904 9:11 PM FROM: 775 587 4366 YSC C Your Security Connection _Custom Electronzcs PAGE: 006 OF 90~ CCTV Warranty Service Proposal SERVICE NOT COVERED BY THIS SERVICE CON-TRACT Damage caused by ele~rical work external to the equipment or repair of' damage or replacement of parts resulting from lightning, catastrophe, acts of God, accident, neglect,, misuse of equipment, or unauthorized modifications, repairs, or · Reins~tallafion of equipment by Customer. Any system or operational malfunction or failure not attributable to the furnished equipment · Relocation and/or reinstallation of the equipment. · Repair or replacement of parts and equipment not listed in the quotes. · Repair or replacement of parts and equipment supplied or installed by Customer. OPTIONAL: PREVENTATIVE MAIi~'rENACE SERVICE CONTRACT · There are four (4) preventative maintenance visits made annually. Ail DVR's and UPS systems will be checked for proper operation. Each camera will be checked, cleaned and adjusted for optimal performance. · Camera aim and focus will be checked against the documented intended view. The following material is covered under this agreement for a period of three (3) years: See Bid Sheet 10 AGENDA REOUEST Request to be placed on: Consent Agenda XX Regular Agenda ~ Workshop Agenda .... Special Agenda When: Tuesday, October 5'2004 Description of agenda item (who, what, where, how much): From July 27, 2004 through July 29, 2004 the Police Department underwent an On-Site Assessment from the Commission for Florida I_aw Enforcement Accreditation, Inc. The on-site team recommended that the Police Department purchase an audio/video monitoring system for each holding cell (Note: See page 15 of the Final Assessment Report, Chapter 30: HOLDING AREAS; last sentence.) The Police Depatiment would like to purchase a Video/Audio Monitoring System for the Holding Facility and the Investigative Interview Rooms. These systems will allow the department to digitally record the holding facility area 24 hours per day, 7 days a week and all interviews as needed. The depaximent is recommending Level 5 Security, Inc. Funding is available from the Federal Forfeiture Account 115-2112-52149.90 in the amount of $36,295.00 City Attorney Review/Recommenda '~L~applicable): Budget Director Review (required on all item~ involving expenditure of fund~): Funding Amilable: o Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review:. Approved for Agencla:~ No Initials: ~ Hold Until: Agenda Coordln~tor Review:. MelllO To: City Commission From: DavidHarden ~'~/~ CC: Date: October 4, 2004 Re: Proposed County Charter Amendment Regulating Voluntary Annexation Attached is a copy of Palm Beach County Ordinance 2004-021 proposing a charter amendment to give the County the power to control voluntary municipal annexations. A motion to delay adoption of this ordinance failed to pass by a 4 - 3 vote of the County Commission, with Commissioners McCarty, Newell and Greene voting in the minority. The Commission majority has said that this ordinance will not affect the coastal cities, and they could have written a charter amendment that would not affect us, but that is not what the County has chosen to do. This amendment is a broad grant of power, authorizing the County Commission to adopt an implementing ordinance. That ordinance, even if it does not initially affect us, could be changed by a future County Commission any time they wished. The Village of Wellington, on September 28, authorized filing of a lawsuit in an effort to get this question thrown off the November ballot. Attached is a copy of the pleadings they are filing. Our City Attorney has discussed these issues with the attorney for the Village of Wellington, and can provide further background information. Recommendation: In view of the serious implications this ordinance has for municipal home rule, and our ability to logically expand our boundaries when we determine it is in our best interests to do so, I recommend that you adopt the attached resolution authorizing us to become co-plaintiffs in this litigation. I also recommend that we work closely with the League of Cities to develop and execute a political campaign to defeat this charter amendment at the ballot box in case this lawsuit is unsuccessful. RESOLUTION NO. 77-04 A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE FILING OF A COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF SEEKING THE INVALIDATION AND REMOVAL FROM THE BALLOT OF THE REFERENDUM QUESTION PROPOSED PURSUANT TO PALM BEACH COUNTY COMMISSION ORDINANCE 2004-021 ATTEMPTING TO AMEND THE PALM BEACH COUNTY CHARTER RELATING TO THE MATTER OF ANNEXATION, FINDING THAT SIGNIFICANT LEGAL RIGHTS WILL BE COMPROMISED IF COURT PROCEEDINGS DO NOT TAKE PLACE EXPEDITIOUSLY, AND THEREFORE, ELIMINATING ANY REQUIREMENT TO COMPLY WITH THE PROVISIONS OF CHAPTER 164, FLORIDA STATUTES, RELATING TO INTERGOVERNMENTAL CONFLICT RESOLUTION PROCEDURES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 171, Florida Statutes, sets forth uniform standards and procedures for adjusting the boundaries of municipalities through annexation or contraction of corporate limits within the State of Florida; and WHEREAS, such criteria and regulations have been established so as to: 1. Ensure sound urban development and accommodation to growth; 2. Establish uniform legislative standards through the State for the adjustment of municipal boundaries; 3. Ensure the efficient provision of urban services to areas that become urban in character, and 4. Ensure that areas are not annexed unless municipal services can be provided to those areas. WHEREAS, the methods and procedures for annexations set forth in Chapter 171, Florida Statutes, have a lengthy legislative history and body of case law to guide municipalities and property owners in moving forward through the annexation process; and WHEREAS, Section 171,044, Florida Statutes, "Voluntary annexation", provides a streamlined process for the annexation of property where upon the consent of one hundred percent (100%) of the owners of real property, of an unincorporated area of a county which is contiguous to a municipality and reasonably compact may be annexed to the municipality with the consent of the municipality; and WHEREAS, Section 171.044(4), Florida Statutes, excepts the provisions of that section in charter counties wherein such charter provides for an exclusive method of municipal annexation; and WHEREAS, Palm Beach County is a charter county, but does not currently have a charter provision dealing with annexation; and WHEREAS, Palm Beach County Commission is attempting to amend the Palm Beach County Charter to authorize the Palm Beach County Commission to pass an ordinance providing for the exclusive method for "voluntary annexation"; and WHEREAS, the Palm Beach County Commission passed Ordinance 2004-021 calling for a referendum to amend the Palm Beach County Charter. WHEREAS, the proposed charter amendment is defective and misleading for a variety of reasons, including, but not limited to, the following: 1. Voluntary annexation is not defined in the question or charter amendment presented to the voters. 2. The proposed amendment does not place into the charter the procedures and standards for "voluntary annexation" as required by Section 171.044(4). 3. The proposed charter amendment authorizes, but does not mandate the County Commission to pass an ordinance dealing with "voluntary annexation", 4. If an ordinance is passed by the County Commission, it can be amended at any time by the County Commission. 5. The proposed charter amendment does not indicate that the provisions of Chapter 171.044, Florida Statutes, will not be available to property owners, if the charter amendment is adopted. 6. The proposed charter amendment deals with several subjects. 7. The County Commission has been disingenuous in it discussion and descriptions of the charter amendment as current State law requires all annexations to be voluntary by a majority of the property area and/or the majority of voters (of people residing in the area to be annexed) voting in a referendum to be in favor of the annexation, for an annexation to take place. 8. The proposed charter amendment does not require the consent of the municipality to effect an annexation into the municipality; and WHEREAS, if the referendum is passed by a majority of the voters of Palm Beach County, property owners and municipalities will be uncertain as tO the process and validity of annexation action; and WHEREAS, the City of Delray Beach, its citizens, and neighbors have a strong interest in having clear and concise procedures and criteria for the annexation of properties into municipal boundaries; and WHEREAS, the proposed charter amendment does not provide clear guidelines, could be the subject of ongoing change and confusion, and subjects the annexation process to potential abuse; and WHEREAS, it is in the best interest of the City of Delray Beach and its citizens that the infirmities of the proposed charter amendment are overturned prior to their potential implementation. NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FINDS AND RESOLVES AS FOLLOWS: Section 1. The foregoing recitals are hereby affirmed and ratified as being true and correct. Section 2. That the proposed charter amendment is confusing and its implications are unable to be understood by the average voter because the Palm Beach County Commission has refused to enact appropriate definitions and standards to clarify what the proposed ordinance relating to annexations would actually state. Section 3. That because of the impending referendum on November 2, 2004, the City of Delray Beach does not have the time or opportunity to participate in the intergovernmental conflict resolution procedures contemplated by the provisions of Chapter 164, Florida Statutes. Section 4. That because immediacy of action is necessary, or significant legal rights will be compromised, no notice of public meeting of other proceedings as provided by Chapter 164, Florida Statutes, shall be required before a court proceeding takes place. Section 5. That the City of Delray Beach is authorized to join in a suit with the Village of Wellington challenging the proposed charter amendment. Section 6. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this ~ day of ,2004. FOR AGAINST By: Jeff Perlman, Mayor Alberta McCarthy, Vice-Mayor Jon Levinson, Deputy Vice-Mayor Patricia Archer, Commissioner Bob Costin, Commissioner ATTEST: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: City Attorney I ORDINANCE NO. 2004- 021 2 4 . AN ORDINANCE OF THE BOARD OF COUNTY 5 COMMISSIONERS OF PALM BEACH COUNTY, 6 FLORIDA, PERTAINING TO THE ? ESTABLISHMENT OF AN EXCLUSIVE s METHOD OF VOLUNTARY ANNEXATION 9 INCLUDING THE DESIGNATION OF AN ~o UNINCORPORATED PROTECTION AREA AND ~1 DESIGNATION OF UNINCORPORATED RURAL ~2 NEIGHBORHOODS; PROVIDING FOR ~2 AMENDMENTS TO THE CHARTER OF PALM 14 BEACH COUNTY, FLORIDA; PROVIDING FOR ~ 5 CHARTER AMENDMENT LANGUAGE; 16., PROVIDING FOR REFERENDUM AND BALLOT 17 :, LANGUAGE; PROVIDING FOR FORM OF ~s ~'. NOTICE; PROVIDING FOR SEVERABILITY; 19 PROVIDING FOR INCLUSION IN THE 20 ~ CHARTER; AND PROVIDING FOR AN 21., EFFECTIVE DATE. 22 :~ 23 ;. WHEREAS, Section 1 (c), Article VIII of the Constitution of the State of Florida 24 ,: provides that by general law a county government may be established by charter; and 25 WHEREAS, the voters of Palm Beach County adopted the Charter of Palm 26 Beach County on November 6, 1984, effective January 1, 1985; and 27 ' WHEREAS, the Charter of Palm Beach County provides that the Board of 211 t: County Commissioners may propose a charter amendment by ordinance subject to voter 29 approval; and 3o WHEREAS, sec. 171.044(4), Florida Statutes provides authority for a charter 31 county to provide for an exclusive method of voluntary annexation in its charter; and 32 WHEREAS, the purpose of this charter amendment is to authorize the County to 33 provide for the exclusive method by which voluntav/ annexation of property by a 34 municipality may occur within Palm Beach County, Florida; and 35 WHEREAS, passage of this Ordinance will allow the residents of Palm Beach 36 County to vote on the proposed charter amendment at the general election held on 37 November 2, 2004. 38 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 39 COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: 4o PART 1. AMENDMENT OF CHARTER 4 ~ Subject to the approval of the electorate as required by the Constitution and Laws 42 of Florida the Palm Beach County Charter shall be amended by adding language to Sec ~ 1.1. Creation and General Powers of Home Rule Charter Government, by adding 2 language to See. 1.3. Scope of County ordinances; conflict with municipal ordinances, 3 and by adding Article VII, Voluntary. Annexation, Sec. 1. Voluntary. Annexation by 4 Municipalities, as follows: 5 SECTION 1.1. CREATION AND GENERAL POWERS OF HOME RULE 6 CHARTER GOVERNMENT 7 : Palm Beach County shall be a Home Rule Charter County, and, except as may be 8 ,: limited by this Home Rule Charter, shall have all powers of county self government 9 ,~ granted now or in the future by the constitution and laws of the state of Florida. As set 10 forth in Article VII of this Charter, palm Beach Countw has the power to establish by II ordinance the exclusive method for voluntary municipa! annexation, to the extent 12 :! authorized by law, including the designation of an unincorporated protection .area and 13 : designation of unincorporated rural neighborhoods. 14 : * * * 15 SECTION 1.3. SCOPE OF COUNTY ORDINANCESI CONFLICT WITH 16 MUNICIPAL ORDINANCES 17 ', (5.) In matters related to voluntary annexation. tS ARTICLE VII. VOLUNTARY ANNEXATION t9 SECTION 1. VOLUNTARY ANNEXATION BY MUNICIPALITIES 20 Nothin~ in this Charter shall prevent a municipality from armexin_~ an 21 u..nincorporated area into its municipal boundaries, except that all voluntary annexations 22 shall be in accordance with the exclusive method for voluntary municipal annexation 23 established by ordinance of the Board of County Commissioners, including the 24 designation of an unincorporated protection area and designation of unincorporated rural 25 n,eighborhoods. Voluntary annexation in an unincorporated, protection area requires 26 approval by an affirmative vote of at least five members of the board of county 27 commissioners. Voluntary annexation in an unincorporated rural neighborhood requ. ires 28 approval bv an affirmative vote of at least five members of the board of county 29 commissioners and a maiori.t¥ of the registered electors residing within the boundaries of 30 the unincorporated rural neighborhood voting on the question. All voluntary annexations 31 shall require prior notice to the county as established by ..ordinance. For voluntary. 2 I annexations outside the unincorporated protection area, .the, 0rdi..n .ar3ce regu.!ating such 2 annexations shall be no more restrictive than general law regarding the substantive 3 requirements for such annexations. The unincorporated protection area is defined as all 4 unincorporated lands located outside of the urban service area established in the Palm 5 Beach County Comprehensive Plan..q'eas eligible to be designated by ordinance as 6 unincorporated rural neighborhoods must be located in the unincorporated protection area 7 and are limited to recorded subdivisions and antiquated subdivisions as defined in the 8 :; Palm Beach County .Comprehensive Plan located in the exurban or rural tiers of the Palm 9 Beach County CQmprehensive Plan and other residential neighborhoods located in the 10 exurban and rural tiers with at least 25 dwelling units as of the effective date of this 11 ',! charter amendment. 13 PART 2. REFERENDUM AND BALLOT LANGUAGE 14 ,. On November 2, 2004, a general election is to be held, and in accordance with the ~5 requirements of the Constitution and Laws of Florida, t~,e following question ..shall be 16 i~ placed on the ballot by the Supervisor o~: Electtons: ......... I~" ',i EXCLUSIVE METHOD OF VOLU'N'[AR.Y ANNEXATION IN PALM BEACH 18 i' COUNTY 19 !i 2o :': Shall the Palm Beach County Charter be amended to authorize an ordinance providing 21 the exclusive method for voluntary annexations, including notice requirements and 22 designation of the area outside the ~.trban service area as the unincorporated prc~tection 23 area where voluntary, annexation must be approved by the county commission, a~.d which 24 includes unincorporated rural neighborhoods where voluntary annexation .-nust be 7.5 approved by the county, commission and majority vote of electors resid/ng within the 26 boundaries of that neighborhood? 27 YES 28 NC.) 29 30 3 ~ PART 3. FORM OF NOTICE 32 The form of notice of the election by which this Charter shall be submined to a 33 referendum shall contain the complete text of Parts i and. 2 of this Ordinance. 3 ! PART 4. SEVERABILITY 2 ' If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is 3 for any reason held by a Court of competent jurisdiction to be unconstitutional. 4 inoperative or void, such holding shall not affect the remainder of this Ordinance. 5 PART 5. INCLUSION IN THE CHARTER 6 ;, In the event this proposed amendment is approved by referendum, Part 1 of this 7:1 Ordinance shall become and be made a part of the Home Rule Charter of Palm Beach 8 ~i County, Florida. The Articles or Sections of this Charter Amendment Ordinance may be 9 ! renumbered or relettered to accomplish such, and the word "amendment" may be 10 ~ changed to "section," "article," or any other appropriate word. 1 ! ~i PART 6. EFFECTIVE DATE 12 Ii This Ordinance shall become law on January 1, 2005, if approved by a majority of 13 i. those electors voting on the matter. 14 i! APPROVED and ADOPTED by the Board of County Commissioners of Palm 15 ii Beach County, Florida, on this the 17th day of Augu.-r ,2004. 17' DOROTHY H WILKEN, PALM BEACH COUNTY, FLOmD^, · ;~.! ¥ O~%BOARD OF COUNTY COMMISSIONERS 23 · ,,,, 24 Ii ;,,,,,'~'...~..~ .... ..... .-' 25 ~I 26 'lAPPROVED AS TO FORM '" '": 27 'iAND LEGAL SUFFICIENCY 30 ;,By: -.o" 31 '~ ~ nty A ey 32 ~' 3.3 i, Filed with the Department of State on the ~ day of . . ,2004. 34 I! 35 ~i 36 ii 37 ;: 38 II U:~Exec\Data\annexcharteramendord.doc IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION THE VILLAGE OF WELLINGTON~ a Florida municipality, CASE NO.: Plaintiff, VS. PALM BEACH COUNTY, Florida a political subdivision, Defendant. / COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF Plaintiffs, THE VILLAGE OF WELLINGTON, a Florida municipal corporation (hereinafter "Wellington"), by and through its undersigned counsel, sues Defendant PALM BEACH COUNTY, a political subdivision of the State of Florida (hereinafter "County"), and in support thereof would state as follows: GENERAL ALLEGATIONS 1. Wellington is a municipal corporation incorporated in the State of Florida and located in Palm Beach County, Florida. 2. Defendant County is a political subdivision of the State of Florida. 3. Article VIII, Section 2 of the Florida Constitution provides that "Municipalities shall have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law." Additionally, Article VIII, Section 2 provides that municipalities shall have the power to annex unincorporated territory as provided by general or special law. 4. Chapter 171, Florida Statutes, provides the methods for municipalities to annex territory into their jurisdiction, including the process for standard annexation and the process for voluntary annexation. 5. Both processes for annexation are voluntary in nature. The standard process set forth in Section 171.0413, Florida Statutes, is initiated by the passage of an ordinance by the governing body of the municipality which is subject to the affirmative vote of the registered voters in the area to be annexed or if there are no voters in the area the consent of the owners of the majority of the acreage and majority of parcels, in order to effectuate the ordinance. Section 171.044, Florida Statutes, sets forth a procedure for property owner(s) to petition the municipality to be annexed into the municipality when one hundred percent (100%) of the owners of the property(ies) consent to the petition after which the municipality can pass an ordinance annex ing the property(ies). 6. While Section 171.044, Florida Statutes, is captioned "Voluntary Annexation" there is no statutory definition for "voluntary annexation" and there is no process under general law wherein an annexation to a municipality can take place without the mutual consent of the governing body of the municipality and at least the majority of voters voting in referendum or the majority of property owners consenting to the annexation. 7. Sub-Section 171.044 (4) Florida Statutes states: (4) The method of annexation provided by this Section shall be supplemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an exclusive method of municipal annexation. 8. Palm Beach County is a charter county. 9. Palm Beach County's charter does not contain any problems dealing with materials or purchases relating to municipal annexation. 10.. On August 17, 2004, the Palm Beach County Commission approved Ordinance 2004- 021 (the "Ballot Ordinance"), which requires that the following question shall be placed on the ballot for November 2, 2004 by the Supervisor of Elections: Shall the Palm Beach County Charter be amended to authorize an ordinance providing for the exclusive method for voluntary annexations, including notice requirements and designation of the area outside the urban service area as unincorporated protection area where voluntary annexation must be approved by the county commission, and which includes unincorporated rural neighborhoods where voluntary annexation must be approved by the county commission and majority vote of electors residing within the boundaries of that neighborhood? Yes ~ No A tree and correct copy of the Ballot Ordinance is attached as Exhibit "A". 11.. The Ballot Ordinance itself acknowledges that Section 171.044(4) Fla. Stat. (2003) Statutes provides authority for a charter county to provide for an exclusive method for voluntary municipal annexation in its charter (see WHEREAS clause in Ballot ordinance, emphasis added). 12. Section 1.1. of the proposed amended charter would state, however, that the County has the "power to establish by ordinance the exclusive method for voluntary municipal annexation, to the extent authorized by law, including the designation of an unincorporated protection area and designation of unincorporated rural neighborhoods." At section 1.3., proposed amended charter would provide as follows: Nothing in this Charter shall prevent a municipality from annexing an unincorporated area into its municipal boundaries, except that all voluntary annexations shall be in accordance with the exclusive method for voluntary municipal annexation established by ordinance of the Board of County Commissioners, including the designation of an unincorporated protection area and designation of unincorporated rural neighborhoods. Voluntary annexation in an unincorporated protection area requires approval by an affirmative vote of at least five [of the seven] members of the board of county commissioners. Voluntary annexation in an unincorporated rural neighborhood requires approval by an affirmative vote of at least five members of the board of county commissioners and a majority of the registered electors residing within the boundaries of the unincorporated rural neighborhood voting on the question (emphasis added). 13. The proposed charter amendment would purport to give authority to the County Commission to create by ordinance, as amended from time to time, the exclusive method of voluntary amendment. The proposed charter amendment would not create a"charter which provides for an exclusive method of voluntary annexation" as expressly required by Section 171.044. 14. The proposed charter amendment further purports to authorize the County Commission to establish "unincorporated protection areas" and "unincorporated rural neighborhoods." Voluntary annexation in any area designated by the County Commission at any time as 'hanincorporated protection area" would require a supermajority of votes of the county commission, or any other additional requirement the county commission chooses to impose by ordinance in the future. Voluntary annexation in any area designated by the County Commission at any time as "unincorporated rural neighborhood" would require a supermajority of votes of the county commission plus a majority vote of the electors residing within the boundaries of the neighborhood voting on the issue, or any other additional requirement the county commission chooses to impose by ordinance in the future. 15. The proposed charter amendment refers to "voluntary annexation" but does not define the term. 16. For all other unincorporated areas of Palm Beach County, not in the "unincorporated protection areas" or the "unincorporated rural areas," the amended charter would not necessarily provide any method for voluntary annexation. 17. The requirements set out in the proposed charter amendment for the future "ordinance" would delegate to the County Commission the absolute power to decide, without any guidance or standard, which voluntary annexations should be approved and which should be denied in unincorporated areas contiguous to municipality that would qualify for future annexation. 18. Members of the County Commission have incorrectly stated on the public record that the proposed charter amendment affects only some municipalities in Palm Beach County (i.e. Wellington and Royal Palm Beach). 19. The proposed charter amendment gives a minority of the County Commission the absolute power to prevent any voluntary annexation into municipality from broad unincorporated areas. The proposed charter amendment would give a minority of the County Commission the absolute power to reject any requests for voluntary annexations into a municipality without having to give any reasons for any such denial. 20. The proposed charter amendment would give the county commission absolute power to establish, expand, reduce or alter the so-called "unincorporated protection areas" and "unincorporated rural neighborhoods," which will in each case affect the property rights of individual property owners in such areas and the municipal rights of Cities without due process of law. 21. The proposed charter amendment would empower the County Commission to subject entire swaths of individual properties to its will without any recourse, standards, guidelines, due process or rules other than the whim and will of the county commission. The boundaries of any such areas would depend on the designation of urban service boundaries and other restrictive areas, which would be made from time to time by the County Commission. 22. While the proposed charter amendment would make certain, as not yet defined areas, eligible to become unincorporated rural neighborhoods, additional ordinances would be required in each case to designate such areas. Such designations, affecting the exclusive method for voluntary annexations, would all be outside the charter and not be reflected in the charter. 23. The proposed charter amendment fails to incorporate a map clearly designating the boundaries of the various rural neighborhoods. It merely states that areas eligible to be designated by ordinance as unincorporated rural neighborhoods must be located in the unincorporated protection area and are limited to recorded subdivisions and antiquated subdivisions as defined in the Palm Beach County Comprehensive Plan located in the exurban or rural tiers of the Palm Beach County Comprehensive Plan and other residential neighborhoods located in the exurban and rural tiers with at least 25 dwelling units as of the effective date of this charter amendment. 24. The proposed charter amendment would not provide in the charter the exclusive rnethodfor voluntary annexation, but would instead give a minority of the County Commission the absolute power to prevent any voluntary annexations in certain areas, a goal the county commission has expressly sought to accomplish with the amendment. 25. The proposed charter amendment fails to provide for any input by municipalities in the voluntary annexation process. The proposed charter amendment would permit, on its terms, a forced annexation of certain areas into a municipality that does not want to annex such areas. 26. By designating portions of unincorporated areas of Palm Beach County as "unincorporated protection areas" or "unincorporated rural neighborhoods, with the intention of preventing municipalities from annexing such areas, Defendant County is in fact defining municipal borders of municipalities, including Plaintiffs. The language in the proposed amended charter would make the definition of such areas dependent on the County's definition of its "urban service area," and the County Commission has the power to change its urban service area boundaries without further referendum. 27. The proposed charter amendment violates the mandates of Defendant County's Comprehensive Plan, which provides that "[T]he County shall work to reach general agreement on ultimate municipal boundaries, to the maximum extent possible, through the Palm Beach County intergovernmental Coordination program . . ." Objective 1.4, Policy 1.4-b.; Intergovernmental Coordination Element. The County prepared the delineation of municipal annexation areas without any input t~om the municipalities. 29. The proposed charter amendment is an improper device to prohibit "voluntary annexation" into ,municipalities rather than the exclusive method for annexation in Palm Beach County. Accordingly, the proposed charter amendment is more in the nature of a substantive change in state law to obstruct annexation than a procedural change to provide a method to accomplish voluntary annexation. 30. It is unclear how it will be determined whether the owners of areas designated as "rural neighborhoods" and "unincorporated protection areas" in fact wish or agree to have their property so designated. 31. The proposed charter amendment would not contribute to establishment of uniform legislative standards throughout the state for the adjustment of municipal boundaries, nor to the efficient delivery of services in such areas. 32. The establishment and amendment of the "unincorporated protection areas" and "unincorporated rural neighborhoods" should require, at a minimum, the process of public heatings to amend the Comprehensive Plan of Palm Beach County, land use classifications, and submission to the Department of Community Affairs and other jurisdictional entities for final approval. 33. The proposed charter amendment would transfer a statutory function of a municipality (Article VIII, Section 2 of the Florida Constitution, determination of what land to annex) to the County without fulfilling the procedural requirements of article VIII, Section 4 of the Florida Constitution, conceming the transfer of power between goveming bodies. 34. Article VI, Section 6.3 of the Palm Beach County Charter (Home Rule Charter Amendments), provides that "each amendment to this Home Rule Charter shall be limited to a single and independent subject." 35. The County's placement of the proposed charter amendment on the November ballot leaves Plaintiffs in doubt as to its fights and the rights of the County under the proposed charter amendment, as more fully set forth in the various causes of action for declaratory relief, stated below. 36. This Complaint's causes of action for declaratory relief are brought pursuant to Chapter 86, Florida Statutes 37. Jurisdiction for the causes of action for declaratory relief in this matter is before this Court pursuant to Section 86.011, Florida Statutes. Venue for this action is proper within Palm Beach County, Florida. 38. The submission of the proposed charter amendment to the voters of Palm Beach County would irreparably harm Plaintiff. 39. Plaintiff have no remedy at law. Plaintiffs are likely to prevail on the merits in this case. An injunction against the placing of the ballot language on the ballot will serve the public interest. COUNT I: Declaratory Judgment that the proposed charter amendment violates Section 171.044, Fla. Stat., in that it would not provide in the charter for the exclusive method of voluntary amendment. 40. The allegations in paragraphs 1 through 33 are realleged and reaverred as though fully set forth herein. 41. Pursuant to Chapter 171, Florida Statutes, and Article VIII, Section 2 of the Florida Constitution, the power to annex, voluntarily or involuntarily, is a function, service and power of a municipality, such as .municipal Plaintiffs That power may be abridged only if a charter county prOvides for the exclusive method of "voluntary" annexation in its charter. 42. As stated more fully above, the proposed charter amendment, if passed by the electors in Palm Beach County, would not set forth the exclusive method for voluntary annexation in Palm Beach County. Instead, the proposed charter amendment would give power to the County Commission to (a) pass and subsequently amend an ordinance providing for the exclusive method of voluntary annexation without any meaningful limitations; (b) pass or amend ordinances defining "unincorporated protection areas" and "unincorporated rural neighborhoods," as the County Commission deems fit in its absolute discretion; (c) reject applications for voluntary annexations that do not achieve a supermajority before the county commission for any reason or no reason whatsoever; (d) reject any applications for voluntary annexations into most of Wellington, which is an announced goal of the county commission according to commissioners' public statements. (ii) The charter amendment authorizes, but does not mandate the passage of any ordinance by the County Commission with respect to voluntary municipal annexation. If the charter amendment passed, but the county commission did not pass an effectuating ordinance, the method of annexation contemplated by Section 171.044, Florida Statutes, would not be applicable and the only method of annexation would be under Section 171.0413, Florida Statutes. 43. The proposed charter amendment would not provide any method of voluntary annexations for broad portions of Palm Beach County, which are not part of the "unincorporated protection areas" or "unincorporated rural neighborhoods." WHEREFORE, Wellington respectfully requests that this Court accept jurisdiction over this matter and issue a judgment declaring the following: a. That the proposed charter amendment is not valid or enforceable under applicable law; b. That the proposed charter amendment is invalid in that it does not create a charter which provides for an exclusive method of municipal annexation. c. That the proposed charter amendment further violates Section 171.044 in that it fails to set forth, for large portions of Palm Beach County not located in the "unincorporated protection areas" or "unincorporated rural neighborhoods," any voluntary annexation method; d. That it was not proper to submit the proposed charter amendment to the voters of Palm Beach County; e. That, injunctive relief shall issue striking the ballot question from the ballot for November 2, 2004. f. That, if the proposed charter amendment receives and affirmative vote, the proposed charter amendment is not valid or enforceable under applicable law; g. Wellington respectfully requests such other and further relief as the court deems necessary and proper, including without limitation an award of its costs pursuant to Section 86.081 10 COUNT II: Declaratory Judgment that the proposed charter amendment violates the charter's single subject requirement for amendments (Article VI, Section 6.3., Palm Beach County Charter). 45. The allegations in paragraphs 1 through 33 are realleged and reaverred as though fully set forth herein. 46. This is an action for declaratory relief brought pursuant to Chapter 86, Florida Statutes, declaring that the ballot language violates of Article VI, Section 6.3 of Palm Beach County's Charter (Home Rule Charter Amendments), which provides that "each amendment to this Home Rule Charter shall be limited to a single and independent subject." 47. The Ballot Ordinance places the following question on the ballot: Shall the Palm Beach County Charter be amended to authorize an ordinance providing for the exclusive method for voluntary annexations, including notice requirements and designation of the area outside the urban service area as unincorporated protection area where voluntary annexation must be approved by the county commission, and which includes unincorporated rural neighborhoods where voluntary annexation must be approved by the county commission and majority vote of electors residing within the boundaries of that neighborhood? Yes __ No 48. The ballot question violates Article VI, Section 6.3.of the Palm Beach County Charter because it concems at least four separate subjects: a. Elimination of the availability of annexations in accordance with Section 171.044, Florida Statutes. b. Authorization of the county commission to pass an ordinance providing for the exclusive method of voluntary annexation. c. Authorization of the County Commission to pass an ordinance designating an unincorporated protection area where voluntary annexations would later have to be approved by a super-majority vote of the Board of County Commissioners? 11 d. uthorization of the County Commission to pass an ordinance establishing areas eligible to become unincorporated rural neighborhoods, where voluntary annexations would later have to be approved by a super-majority of the Board of County Commissioners and additionally by a majority vote of the electors residing in the neighborhood so designated by the Commission. 49. The proposed charter amendment would substantially alter or perform the functions of multiple aspects of government, including, without limitation, (1) the county commission may if it chooses designate by ordinance the exclusive method of voluntary annexation; (2) the county commission may i fit chooses establish and freely amend unincorporated protection area boundaries; and (3) the county commission may, if it chooses, establish and freely amend boundaries of areas eligible to become unincorporated rural neighborhoods, and thereafter consider whether eligible areas should in fact become rural neighborhoods. WHEREFORE, Wellington respectfully requests that this Court accept jurisdiction over this matter and issue a judgment declaring the following: a. That the proposed charter amendment violates Article VI, Section 6.3 of Palm Beach County's Charter (Home Rule Charter Amendments), b. That it was not proper to submit the proposed charter amendment to the voters of Palm Beach County; c. That, injunctive relief shall issue striking the ballot question from the ballot for November 2, 2004. d. That, if the proposed charter amendment receives and affirmative vote, the proposed charter amendment is not valid or enforceable under applicable law; e. Wellington respectfully requests such other and further relief as the court deems 12 necessary and proper, including without limitation an award of its costs pursuant to Section 86.081. COUNT III: Declaratory Judgment that the proposed charter amendment violates Florida Law in that the ballot question fails to provide its substance in clear and unambiguous language. 50. The allegations in paragraphs 1 through 33 are re-alleged and re-averred as though fully set forth herein. 51. This is an action for declaratory relief brought pursuant to Chapter 86, Florida Statutes, declaring that the ballot language violates Section 101.161 (1) Fla. Stat. in that the ballot language does not state its substance clearly and unambiguously. 52. Section 101.161(1) of the Florida Statutes provides, in relevant part, that Whenever a constitutional amendment or other public measure is submitted to the vote of the people, the substance of such amendment or other public measure shall be printed in clear and unambiguous language on the ballot." 53. The intent of this section is to ensure that voters are advised of the tree meaning of a proposed ballot measure. 54. The Ballot Ordinance places the following question on the ballot: Shall the Palm Beach County Charter be amended to authorize an ordinance providing for the exclusive method for voluntary annexations, including notice requirements and designation of the area outside the urban service area as unincorporated protection area where voluntary annexation must be approved by the county commission, and which includes unincorporated rural neighborhoods where voluntary annexation must be approved by the county commission and majority vote of electors residing within the boundaries of that neighborhood? Yes __ No 55. The wording of the ballot question at issue is ambiguous, unclear and not capable of being understood by a reasonable voter. It includes, without limitation, the following ambiguities and infirmities: 13 i. Does the Palm Beach County Commission have an obligation to pass such an ordinance if the charter amendment is approved? ii. Does the clause "and which includes unincorporated neighborhoods..." refer to the "the exclusive method of voluntary annexation," to "the unincorporated protection area," or to the "ordinance"? iii. Does the term "including" refer to "ordinance", to "amended", to "charter" or to "exclusive method"? iv. What will the exclusive method of annexation outside the "unincorporated protection area" and the "unincorporated rural neighborhood" be? v. Who decides which areas are to become "unincorporated rural neighborhoods?" vi. What does it mean that areas become "eligible" to become "unincorporated rural neighborhoods." vii. How can any given elector determine what the exclusive method of annexation for his/her unincorporated property will be if the proposed amendment is adopted? viii. Does this charter amendment give the county commission the power to later place property currently in the urban service areas (i.e. not in the "unincorporated protection area" or the "unincorporated rural neighborhood") in the protected areas, or vice versa, and thereby subjecting such property to annexation restrictions that do not apply at the time of the vote? ix. Does this charter amendment give the county commission the right to approve annexations with a 5:2 supermajority vote over the objection of the annexing municipality (i.e. forced annexation)? x. Does this amendment really provide for the exclusive method of voluntary 14 annexation in Palm Beach County, or only in certain portions of Palm Beach County?. xi. Is municipal acquiescence to the annexation necessary? WHEREFORE, Wellington respectfully requests that this Court accept jurisdiction over this matter and issue a judgment declaring the following: a. That the proposed charter amendment violates Florida Statute 101.161 (1) because it is unclear and ambiguous; b. That it was not proper to submit the proposed charter amendment to the voters of Palm Beach County; c. That, injunctive relief shall issue striking the ballot question from the ballot for November 2, 2004. d. That, if the proposed charter amendment receives and affirmative vote, the proposed charter amendment is not valid or enforceable under applicable law; e. Wellington respectfully requests such other and further relief as the court deems necessary and proper, including without limitation an award of its costs pursuant to Section 86.081. COUNT IV: Declaratory Judgment that the proposed charter amendment violates Article VIII, Section 2 of the Florida Constitution in that it is an unlawful delegation to let the Palm Beach County Commission determine municipal boundaries. 56. The allegations in paragraphs 1 through 33 are re-alleged and re-averred as though fully set forth herein. 57. This is an action for declaratory relief brought pursuant to Chapter 86, Florida Statutes, declaring that the proposed charter amendment is invalid because it improperly delegates to the Palm Beach County Commission thc power to determine municipal borders by means of the proposed power to designate "unincorporated protection areas" and "unincorporated rural 15 neighborhoods," and by approving or even forcing annexations over the objections of the annexing municipality, all in violation of Article vm, Section 2 of the Florida Constitution. 58. Municipalities may exercise municipal powers except as otherwise provided by law. Art VIII, Sec. 2, Florida Constitution. Such a law is Section 171.044, which provides that the municipal power to determine boundaries may be limited by charter provisions providing for the exclusive method of voluntary annexation. 59. By adopting the charter amendment as proposed, the voters of Palm Beach County would delegate the authority to limit the municipalities' power to determine their boundary from themselves to the County commission. 60. The language of the charter amendment is not attended by meaningful standards for the exercise of this power by the County Commission. 61. The language in the amended charter would make the definition of"unincorporated protection areas" and "unincorporated rural neighborhoods," dependent on the County's definition of its "urban service area." 62. The County Commission has the power to change its "urban service area" boundaries without further referendum. As such, the proposed charter amendment gives the power to the County Commission to define, in the future, annexation areas and thus municipal boundaries. 63. The proposed Charter amendment, on its face, would let the county commission pass an ordinance that completely ignores the wishes and procedures of municipalities in the annexation process. 64. The charter amendment would let the county commission enact an ordinance that could force municipalities to accept undesirable annexations if a supermajority of the county commission approves such annexations. 16 WHEREFORE, Plaintiffs respectfully requests that this Court accept jurisdiction over this matter and issue a judgment declaring the following: a. That the proposed charter amendment violates Article VIlI, Section 2 of the Florida Constitution by improperly delegating to Defendant County the power to define municipal boarders; b. That it was not proper to submit the proposed charter amendment to the voters of Palm Beach County; c. That, injunctive relief shall issue striking the ballot question from the ballot for November 2, 2004. d. That, if the proposed charter amendment receives and affirmative vote, the proposed charter amendment is not valid or enforceable under applicable law; e. Plaintiffs respectfully requests such other and further relief as the court deems necessary and proper, including without limitation an award of its costs pursuant to Section 86.081. COUNT V: Declaratory Judgment that the proposed charter amendment is illegal in that it violates the Intergovernmental Coordination Element in the Palm Beach County Comprehensive Plan. 65. The allegations in paragraphs 1 through 33 are realleged and reaverred as though fully set forth herein. 66. This is an action for declaratory relief brought pursuant to Chapter 86, Florida Statutes, declaring that the proposed charter amendment violates the mandates of Defendant County's Comprehensive Plan, which provides that "IT]he County shall work to reach general agreement on ultimate municipal boundaries, to the maximum extent possible, through the Palm Beach County intergovernmental coordination program . . "Objective 1.4, Policy 1.4-b.; Intergovemmental Coordination Element. The County prepared the delineation of municipal 17 annexation areas without any input from the municipalities. WHEREFORE, Plaintiffs respectfully requests that this Court accept jurisdiction over this matter and issue a judgment declaring the following: a. That the proposed charter amendment is improper in that it violates the mandates of Palm Beach County's Comprehensive Plan, Intergovemmental Coordination Element, Objective 1.4, Policy 1.4-b b. That it was not proper to submit the proposed charter amendment to the voters of Palm Beach County; c. That, injunctive relief shall issue striking the ballot question from the ballot for November 2, 2004. d. That, if the proposed charter amendment receives and affirmative vote, the proposed charter amendment is not valid or enforceable under applicable law; e. Plaintiffs respectfully requests such other and further relief as the court deems necessary and proper, including without limitation an award of its costs pursuant to Section 86.081. COUNT VI: Declaratory Judgment that the Ballot Ordinance violates the law in that it fails to properly define the rural protection areas and rural neighborhood areas the County Commission may include in any exclusive annexation ordinances it may adopt. 67. The allegations in paragraphs 1 through 33 are realleged and reaverred as though fully set forth herein. 68. The proposed charter amendment fails to properly define the "unincorporated protection areas" and "unincorporated rural neighborhoods." 69. The proposed charter amendment fails to include a map or legal description of areas to be so designated. 18 70. The proposed charter amendment does not require the County Commission to designate any areas, or any specific areas as "unincorporated protection areas" or "unincorporated rural neighborhoods." 71. The areas the County Commission may designate can be changed subsequently by the County Commission without fi.trther input of the electors. Accordingly, the electors cannot know whether they will be located in an "unincorporated protection area" or "unincorporated rural neighborhood" when the County Commission finally enacts an ordinance providing for the exclusive method for voluntary annexation. 72. The purported definition in the charter amendment for areas eligible to be included as "unincorporated protection area" or"rural neighborhood area" is so vague, that a reasonable elector would be unable to determine whether or not property he owns would be located in an "unincorporated protection area" or "unincorporated rural neighborhood" when the County Commission finally designates them. 73. The proposed amended charter defines these areas as follows: The unincorporated protection area is defined as all unincorporated lands located outside of the urban service area established in the Palm beach County Comprehensive Plan. Areas eligible to be designated by ordinance as unincorporated rural neighborhoods must be located in the unincorporated protection area and are limited to recorded subdivisions and antiquated subdivisions as defined in the Palm Beach County Comprehensive Plan located in the exurban or rural tiers of the Palm beach County Comprehensive Plan and other residential neighborhoods located in the exurban and rural tiers with at least 25 dwelling units as of the effective date of this charter amendment. 74. This is an action for declaratory relief brought pursuant to Chapter 86, Florida Statutes, declaring that the definition of unincorporated protection areas and unincorporated rural neighborhood in Ballot Ordinance is unconstitutionally vague and invalid under Section 101.161 Fla. 19 Stat (2003),. WHEREFORE, Plaintiffs respectfully requests that this Court accept jurisdiction over this matter and issue a judgment declaring the following: a. That the Ballot Ordinance violates the law in that it inadequately defines the areas the County may designate as "unincorporated protection area or unincorporated rural neighborhood. b. That it was not proper to submit the proposed charter amendment to the voters of Palm Beach County; c. That, injunctive relief shall issue striking the ballot question from the ballot for November 2, 2004. d. That, if the proposed charter amendment receives and affirmative vote, the proposed charter amendment is not valid or enforceable under applicable law; e. Wellington respectfully requests such other and further relief as the court deems necessary and proper, including without limitation an award of its costs pursuant to Section 86.081. COUNT VII: Declaratory Judgment that the proposed charter amendment is illegal in that it violates Section 171.021, Fla. Stat., which mandates annexation law is to provide state wide uniform annexation standards and assurances for the efficient provision of urban services. 75. The allegations in paragraphs 1 through 33 are re-alleged and re-averred as though fully set forth herein. 76. This is an action for declaratory relief brought pursuant to Chapter 86, Florida Statutes, declaring the proposed charter amendment would violate the purposes of Chapter 171 Florida Statute, which is to provide state wide uniform annexation standards and assurances for the efficient provision of urban services. Section 171.021 Fla. Stat (2003). 20 77. Rather than creating uniform legal standards for annexation laws in Florida, the proposed charter amendment would create an entirely tmique legal system for annexation in Palm Beach County, where the exclusive method for voluntary annexation is determined by county ordinance, and where the system suffers from the other infirmities alleged above. 78. Rather than ensuring the efficient provision of urban services, the proposed charter amendment would prevent the most efficient provision of such services. Annexation by adjacent municipalities with service capacity could be and would be stymied by Palm Beach County, who is seeking to preempt local municipalities from annexing, and subsequently selling services to, currently unincorporated areas of Palm Beach County. 79. The proposed charter amendment is part of a concerted effort by the County to usurp and reserve unto itself the power to provide services in unincorporated areas or to block any other service providers until such time in the future as the County decides to provide services in such areas. Accordingly, the proposed charter amendment runs counter to the legislatively mandated purpose of annexation laws. WHEREFORE, Plaintiffs respectfully requests that this Court accept jurisdiction over this matter and issue a judgment declaring the following: a. That the proposed charter amendment violates Section 171.021, Fla. Stat. b. That it was not proper to submit the proposed charter amendment to the voters of Palm Beach County; c. That, injunctive relief shall issue striking the ballot question from the ballot for November 2, 2004. d. That, if the proposed charter amendment receives and affirmative vote, the proposed charter amendment is not valid or enforceable under applicable law; 21 e. Plaintiffs respectfully requests such other and further relief as the court deems necessary and proper, including without limitation an award of its costs pursuant to Section 86.081. COUNT VIII: Declaratory Judgment that the proposed charter amendment is unconstitutional in that it would transfer a statutory function of a municipality to the County without following the proper procedure for such a transfer of power. 80. The allegations in paragraphs 1 through 33 are re-alleged and re-averred as though fully set forth herein. 81. This is an action for declaratory relief brought pursuant to Chapter 86, Florida Statutes, declaring the proposed charter amendment would transfer a statutory function of a municipality (Article VIII, Section 2 of the Florida Constitution, determination of what land to annex) to the County without fulfilling the procedural requirements of article VIII, section 4 of the Florida Constitution, concerning the transfer of power between governing bodies. WHEREFORE, Plaintiffs respectfully requests that this Court accept jurisdiction over this matter and issue a judgment declaring the following: a. That the proposed charter amendment is invalid because it would transfer a statutory function ora municipality (Article vm, Section 2 of the Florida Constitution, determination of what land to annex) to the County, without fulfilling the procedural requirements of article VIII, section 4 of the Florida Constitution, concerning the transfer of power between goveming bodies. b. That it was not proper to submit the proposed charter amendment to the voters of Palm Beach County; c. That, injunctive relief shall issue striking the ballot question from the ballot for November 2, 2004. d. That, if the proposed charter amendment receives and affirmative vote, the proposed 22 charter amendment is not valid or enforceable under applicable law; e. Plaintiffs respectfully requests such other and further relief as the court deems necessary and proper, including without limitation an award of its costs pursuant to Section 86.081 Respectfully submitted, Lehtinen, Vargas & Riedi, P.A. Special Counsel for the Village of Wellington 7700 N. Kendall Drive, Ste 303 Miami, FL 33156 Tel: 305 279 1166 Fax: 305 279 1365 By: Dexter Lehtinen, Esq., Fla. Bar # Claudio Riedi, Esq., Fla. Bar # 984 930 Anthony J. O'Donnell, Esq., Fla. Bar # Brinkley, McNemey, Morgan, Solomon & Tatum, LLP General Counsel for the Village of Wellington 200 East Las Olas Blvd., 19th Floor Fort Lauderdale, FL 33301 Tel: (954) 522 2200 Fax: (954) 522 9123 By: Jeffrey Kurtz, Esq., Fla. Bar # Quentin E. Morgan, Esq., Fla. Bar # 23 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CWIL DWISION THE VILLAGE OF WELLINGTON, a Florida municipality, CASE NO.: Plaintiffs, VS. PALM BEACH COUNTY, Florida a political subdivision, Defendant. / MOTION FOR TEMPORARY INJUNCTION AND REQUEST FOR EXPEDITED HEARING Plaintiff, THE VILLAGE OF WELLINGTON, files this Motion for Temporary Injunction and shows this Court as follows: 1. In this Motion, Plaintiff requests that the Court enter a temporary injunction to prevent submission to the electors of Palm Beach County of an unconstitutional proposal for a charter amendment. 2. The proposed charter amendment is unconstitutional because it is inconsistent with superior law, as follows: (a) thc proposed charter amendment violates the requirements of Section 171.044 Florida Statutes; (b) thc proposed charter amendment violates the single-subject requirement for amendments to the Palm Beach County Charter; and (3) the proposed charter language is unconstitutional because it fails to advise the voters of the chief purpose of the proposed amendment. 3. The statement of facts set forth in the Memorandum of Law below, the Affidavit of [or Verified Complaint], and the Exhibits attached to the [Verified] Complaint demonstrate that Plaintiffs meet the standard for, and are entitled to, a temporary injunction. 4. The proposed charter amendment is inconsistent with superior law, requiring an immediate injunction preventing this ballot measure from going to the electors of Palm Beach County. $. Plaintiff'~will suffer irreparable injury for which any available remedy at law would bc inadequate" because the adoption of thc unconstitutional charter amendment would (a) prejudice Plaintiff's rights to determine thc constitutionality of the charter amendment in a neutral forum, free of preconceived notions as to political desirability of the charter amendment; Co) confuse thc electors of Palm Beach County; and (c) require hundreds of thousands of voters of Palm Beach County to expend thc effort to vote on a measure that is facially unconstitutional. The injury thus caused could not be remedied with payment of money to every voter of Palm Beach County who made thc effort to vote on this unconstitutional charter amendment. The damage to the credibility of the electoral process could not be repaired by compelling the County to take any specific action after the fact. Irreparable injury is further demonstrated in the [Verified] Complaint filed in this cause, which is incorporated herein by reference. 6. Second, there is a substantial likelihood that Plaintiff will succeed on the merits of this action because Defendant has acted in flagrant violation of the express requirements of Sections 171.044 and 101.161 Fla. Stat. and of Article VI, Section 6.3 of Palm Beach County's Charter (Home Rule Charter Amendments). Further violations are alleged in the Complaint filed together with this Motion. 7. The balance of the equities favors Plaintiff, given that delaying this ballot measure would not cause any prejudice to Defendant's ability to place this measure on a subsequent ballot if it should prevail. Plaintiff, in contrast, would have to fundamentally alter their legal procedures for voluntary annexation if the ballot measure prevails, even if it is later struck as unconstitutional. Preserving the status quo pending the adjudication of this issue of great public importance requires that the charter amendment proposal is removed from the ballot of November 2, 2004. 8. Public policy concerns require the issuance of an injunction to avoid voter confusion and unnecessary expenditures of public funds for a vote on an unconstitutional ballot question. 9. Plaintiffs request an expedited hearing of this matter since the injunctive relief requested would be meaningless if issued in the normal course of legal proceedings. The Court should give emergency consideration to this Motion because regular consideration would effectively deny Plaintiffs their rights and cause irreparable harm. MEMORANDUM OF LAW A. Statement of Relevant Facts. Plaintiffs are a municipal corporations (municipalities) incorporated in the State of Florida and located in Palm Beach County, Florida. Defendant County is a political subdivision of the State of Florida. Article vm, Section 2 of the Florida Constitution provides that "Municipalities shall have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law." Additionally, Article VIII, Section 2 provides that municipalities shall have the power to annex unincorporated territory as provided by general or special law. Chapter 171, Florida Statutes, provides the methods for municipalities to annex territory into their jurisdiction, including the process for standard annexation and the process for voluntary annexation. Subsection 171.044 Florida Statutes states: The method of [voluntary] annexation provided by this Section shall be supplemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an exclusive method of municipal annexation. On August 17, 2004, the Palm Beach County Commission approved Ordinance 2004- 021 (the "Ballot Ordinance"), which requires that the following question shall be placed on the ballot for November 2, 2004 by the Supervisor of Elections: Shall the Palm Beach County Charter be amended to authorize an ordinance providing for the exclusive method for voluntary annexations, including notice requirements and designation of the area outside the urban service area as unincorporated protection area where voluntary annexation must be approved by the county commission, and which includes unincorporated rural neighborhoods where voluntary annexation must be approved by the county commission and majority vote of electors residing within the boundaries of that neighborhood? Yes__ No See Exhibit "A" to Complaint, at page __ The ballot ordinance itself acknowledges that Sec. 171.044(4), Florida Statutes provides authority for a charter county to provide for an exclusive method for voluntary municipal annexation in its charter (see WHEREAS clause in ballot ordinance, emphasis added). Section 1.1. of the proposed amended charter would state, however, that the County Commission would be delegated the "power to establish by ordinance the exclusive method for voluntary municipal annexation, to the extent authorized by law, including the designation of an unincorporated protection area and designation of unincorporated rural neighborhoods." At section 1.3., the proposed amended charter would provide as follows: Nothing in this Charter shall prevent a municipality from annexing an unincorporated area into its municipal boundaries, except that all voluntary annexations shall be in accordance with the exclusive method for voluntary municipal annexation established by ordinance of the Board of County Commissioners, including the designation of an unincorporated protection area and designation of unincorporated rural neighborhoods. Voluntary annexation in an unincorporated protection area requires approval by an affirmative vote of at least five [of the seven] members of the board of county commissioners. Voluntary annexation in an unincorporated rural neighborhood requires approval by an affirmative vote of at least five members of the board of county commissioners and a majority of the registered electors residing within the boundaries of the unincorporated rural neighborhood voting on the question. The proposed charter amendment would thus purport to give the power to the County Commission to create by ordinance, as amended from time to time, the exclusive method of voluntary amendment. The proposed charter amendment further purports to authorize the County Commission to establish "unincorporated protection areas" and areas eligible to become "unincorporated rm'al neighborhoods." Voluntary annexation in any area so designated by the County Commission at any time would require a supermajority of votes of the county commission, and, in the case of unincorporated rural neighborhoods, additionally an affirmative vote of 50% or greater o fall electors residing in the rural neighborhood. The proposed charter amendment appears to authorize the County Commission to impose additional requirements for voluntary annexation at any time in the future by ordinance. Further, the proposed charter amendment is not mandatory with respect to the County Commission, letting the County Commission decide whether or not to provide by ordinance for an exclusive method of voluntary annexation in Palm Beach County. For all other unincorporated areas, not in the unincorporated protection areas or the unincorporated rural areas, the amended charter would not even purport to provide any method for voluntary annexation. Article VI, Section 6.3 of the Charter (Home Rule Charter Amendments), provides that "each amendment to this Home Rule Charter shall be limited to a single and independent subject." Section 101.161 (1) o f the Florida Statutes provides, in relevant part, that the substance of such amendment or other public measure shall be printed in clear and unambiguous language on the ballot. A tree and correct copy of the ballot ordinance, setting forth the wording of the proposed charter amendment, is attached hereto and speaks for itself. ARGUMENT A. An Iniunction Against Placing the Proposed Charter Amendment Should be Issued Because the Charter Amentment is Unconstitutional. Injunctive relief striking a proposed charter amendment fi.om a ballot is proper where the proposed charter amendment is unconstitutional in its entirety. Dade County v. Dade County League of Municipalities, 104 So.2d 512, 515-516 (Fla. 1958); see also Adams v. Gunter, 238 So.2d 824 (Fla. 1970); Dural County v. Jennings, 164 So. 356 (Fla. 1935). There is a long line of precedent for striking invalid ballot questions. Dulaney v. City_ of Miami Beach, 96 So.2d 550, 551 (Fla. 3d DCA 1957), City of Miami Beach v. Smith, 251 So.2d 290, 292 (Fla. 3d DCA 1971), cert denied, 257 So.2d 561 (Fla. 1971). An election should not be held if the ordinance proposed is invalid on its face. Wilson v. Dade County, 369 So.2d 1002 (Fla. 3d DCA 1979). As is more fully set forth below, the proposed charter amendment is unconstitutional, on its face and in its entirety, and the Court should issue an injunction directing the supervisor of elections not to place the proposed charter amendment on the November 2, 2004 ballot. Whether a proposed county charter provision is unconstitutional entails a two-prong test. Violation of either or both prongs renders a charter provision unconstitutional. See Hillsborough County v. Florida Restaurant Association, Inc., 603 So.2d 587 (Fla. 2d DCA 1992). The first prong asks whether the charter provision's subject matter has been preempted by the constitution or general law. Id., at 603 So.2d 588-589. If the subject matter has not been preempted, the second prong is applied to determine whether the proposed county charter provision is inconsistent with superior law. Id., at 603 So.2d 591. In the instant case, the proposed charter amendment primarily fails the second prong. It violates the mandates of superior law. 1. Violation of Chapter 171.044~ Fla. Stat. The proposed charter amendment plainly violates the mandates of Chapter 171 of the Florida Statutes. Chapter 171, Florida Statutes, provides two section setting forth methods for municipalities to annex territory into their jurisdiction.. Both processes for annexation are voluntary in nature. The standard process set forth in Section 171.0413, Florida Statutes, is initiated by the passage of an ordinance by the goveming body of the municipality which is subject to the affirmative vote of the registered voters in the area to be annexed or if there are no voters in the area the consent of the owners of the majority of the acreage and majority of parcels, in order to effectuate the ordinance. Section 171.044, Florida Statutes, sets forth a procedure for property owner(s) to petition the municipality to be annexed into the municipality when one hundred percent (100%) of the owners of the property(ies) consent to the petition after which the municipality can pass an ordinance annex ing the property(ies). While Section 171.044, Florida Statutes, is captioned "Voluntary Annexation" there is no statutory definition for "voluntary annexation" and there is no process under general law wherein an annexation to a municipality can take place without the mutual consent of the governing body of the municipality and at least the majority of voters voting in referendum or the majority of property owners consenting to the annexation. Section 171.044 Florida Statutes states: (4) The method of ] annexation provided by this Section shall be supplemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an exclusive method of municipal annexation. Accordingly, unless a charter county has a charter which provides for the exclusive method of municipal annexation, the procedures of Section 171.044, Fla. Stat. i.allow for a streamlined annexation procedures when 100% of the property owner(s) petition to have their contiguous compact properties annexed into an adjacent municipality. Stated in the affirmative, if a charter county wishes to have a charter which provides for an exclusive method of municipal annexation, its voters may elect to have such a charter, which would render the method provided by Section 171.044, Fla. Stat. inapplicable. The proposed charter amendment in the instant case does not, by its own terms, create a "charter which provides for an exclusive method of annexation." Instead, it creates a charter that delegates the power to create such an exclusive method of "voluntary annexation" to the county commission. Nowhere in the charter amendment is "voluntary annexation" defined or distinguished. A charter provision providing for the exclusive method of annexation differs from most other charter provisions in that a Florida Statute expressly requires that the charter itself must provide the exclusive method of annexation. It is thus not sufficient to simply set forth certain parameters the County Commission must follow when passing its ordinance creating the exclusive method. It is not adequate for the charter to "authorize" the county commission to enact an exclusive method by ordinance. It is not acceptable for the charter, as it is in most other contexts, to provide the general framework, to be fleshed with methods and procedures by ordinance. The statute is perfectly clear in requiring that the charter itself must provide the exclusive method. Thus the proposed charter amendment in this case fails. The proposed charter amendment plainly delegates to the county commission the authority, though not the necessity, to come up with a concrete "exclusive method for voluntary annexation:" Shall the Palm Beach County Charter be amended to authorize an ordinance providing for the exclusive method for voluntary annexations, including notice requirements and designation of the area outside the urban service area as unincorporated protection area where voluntary annexation must be approved by the county commission, and which includes unincorporated rural neighborhoods where voluntary annexation must be approved by the county commission and majority vote of electors residing within the boundaries of that neighborhood? Yes __ No Section 1.1. of the proposed amended charter would state that the County has the "power to establish by ordinance the exclusive method for voluntary municipal annexation..." At section 1.3., proposed amended charter provides that all voluntary annexations shall be in accordance with the exclusive method for voluntary municipal annexation established by ordinance of the Board of County Commissioners. Given that only "charters which provide for the exclusive method of municipal annexation" can trump the general statutory provisions of Section 171.044, Florida Statutes, concerning voluntary annexation, it is readily apparent that the proposed charter amendment falls short. Rather than setting forth, in the charter, what the exclusive method for voluntary annexation will be in Palm Beach County, the proposed charter amendment would authorize the County Commission to create by ordinance, as amended from time to time, the exclusive method of voluntary amendment. The distinction is very significant. The statute requires that charter counties state their exclusive methods in their charter, thus requiring a county-wide affirmative vote of the electors for subsequent amendments. Where the law provides for citizen control over land control, such citizen control is to be enforced. See Florida Land Co. v. City of Winter Springs, 427 So.2d 170, 173 (Fla. 1983). The proposed charter amendment would remove this power to create and amend the exclusive method from the people and delegate it to the county commission, which is impermissible given the clear statutory language. See also Holzendorfv. Bell, 606 So.2d 645, 648 (Fla. 1st DCA 1992) (charter amendment usurping legislature's authority to allocate referendum powers is defective and must not be placed on ballot). The proposed charter amendment would also authorize the County Commission to establish (and later amend) "unincorporated protection areas" and "unincorporated rural neighborhoods," where voluntary annexation requires a 5-2 affirmative county commission vote.~ While the proposed charter amendment would make certain, as not yet defined areas, eligible to become unincorporated rural neighborhoods, additional ordinances would be required in each case to designate such areas. Such designations, affecting the exclusive method for voluntary annexations, all would be outside the charter framework and not be reflected in the charter. Again, Section 171.044 requires the exclusive method of municipal annexation for any given area to be stated in the charter itself, and not to be delegated to the County' Commission's absolute discretion. This delegation is particularly inappropriate in the instant case, where it comes without adequate standards for its exercise. See Cross Key Waterways v. Askew, 351 So.2d 1062 (Fla. 1st DCA 1977), aff'd. 372 So.2d 913 (Fla. 1979) (delegation of legislative power over land regulation is defective without adequate standards for its exercise). With the proposed charter amendment in this case, the County Commission would be free to enact, not to enact, or to later amend an ordinance with the exclusive method, and would thereafter be free to manipulate the "unincorporated protection ~ That provision would give three county commissioners an absolute veto power over voluntary annexation. Voluntary annexation in "unincorporated rural neighborhoods" would additionally require approval by "a majority of the registered electors residing within the boundaries of the unincorporated neighborhood voting on the question." Because it is unclear whether "voting on the question" refers to "neighborhood" or to electors, it may well be that an absolute majority of the registered voters in a given rural neighborhood is required. Given that it is exceedingly rare that a majority of the electors even tums out to vote (only three times, and then only barely, since 1998), voluntary annexation in those areas would become areas" and "unincorporated rural neighborhoods" to suit its purposes. If the County Commission were to enact such an ordinance, and if it were to reach a consensus on unincorporated protection areas and rural neighborhoods, the County Commission would be free to accept or reject any applications for voluntary annexations in this area without having to explain its vote in anyway. The proposed charter amendment contains virtually no standards for the exercise of this delegated right. An unsuccessful applicant for voluntary annexation under the proposed charter amendment would have absolutely no recourse or avenue of review, no matter how egregious or discriminatory the County Commission's reasons might be. Without specific standards accompanying the delegation of this rulemaking power to the county commission, the process would quickly become the domain of lobbyists and the politically powerful. The law simply does not permit such delegation. Had the drafters of chapter 171.044 wanted to give this power to elected officials, they could have done so in the statute. They could have spoken of "counties with ordinances which provide for the exclusive method of annexation," or of"counties that wish to delegate the authority to pass an ordinance with the exclusive method of annexation to their county commission." This they did not do. They made it abundantly clear that the provisions of Chapter 171 could be displaced only by "charters which provide for the exclusive method." As the Fourth District stated when considering a charter amendment in Shulmeister v. Larkins, 856 So.2d 1149, 1151 (Fla. 4th DCA 2003), "[t]he language in Section 22 [of the charter] is plain and obvious. Therefore, we are precluded from construing it in a way which would extend, modify, or limit its express terms or its reasonable and obvious implications." See Donato v. Am. Tel. & Tel. Co., 767 So.2d 1146, 1150 (Fla. 2000)." If the legislators had intended to include county commission ordinances as a valid method to trump Section 171.044, they could have done so by clear language. practically impossible. A good example of how such a charter amendment could be properly accomplished is the Orange County Voluntary Annexation Provision. Copy of Section 505 -- Voluntary annexation - is attached as Exhibit "B" . This charter provision does exactly what the proposed Palm Beach County charter amendment fails to do: a. It sets forth, in the charter, what the exclusive method for voluntary annexation will be. It does not provide for authority to the county commission to subsequently create the exclusive method by ordinance; b. It then creates, by subsequent charter amendments, three separate preservation districts. The preservation districts are precisely defined, by boundary maps clearly referenced, and are in each case voted on by county-wide referendum; c. Voluntary annexation in the protection district must be approved by a simple majority of the county commission, and by a majority of the registered electors residing in the preservation district and actually voting on the issue. d. The board of county commissioners is then given authority to adopt "regulations and procedures to implement this method of voluntary annexation." e. The charter provision, as accepted by Orange County voters in 1992, concerned only one single subject, the creation of a method of voluntary annexation for preservation district specifically designated in the charter. Designation of special areas happened later in separate charter amendments. The Orange County charter provision demonstrates that it is feasible to follow the dictates of Section 171.044, and to set forth the exclusive method in the charter. While the Orange County charter may have its own weaknesses, it does appear to try to follow the directives of the Florida 12 Statute. The Palm Beach County charter amendment does not. 2. Violation of the Single Subject Requirement in the Palm Beach County Charter. Another superior law violated by the proposed ballot language is Palm Beach County's own charter. At Article VI, Section 6.3 of Palm Beach County's Charter (Home Rule Charter Amendments), the Charter states that "[e]ach amendment to this Home Rule Charter shall be limited to a single and independent subject." The ballot ordinance places the following question on the ballot: Shall the Palm Beach County Charter be mended to authorize an ordinance providing for the exclusive method for voluntary annexations, including notice requirements and designation of the area outside the urban service area as unincorporated protection area where voluntary annexation must be approved by the county commission, and which includes unincorporated rural neighborhoods where voluntary annexation must be approved by the county commission and majority vote of electors residing within the boundaries of that neighborhood? Yes __ No An analysis of the proposed charter amendment, as set forth in the ballot ordinance, demonstrates that the proposed charter amendment concerns at least three separate subjects, has numerous purposes, and purports to enumerate several classifications of land areas that would be disparately affected by the proposed charter amendment. The amendment thus violates Article VI, Section 6.3.of the Palm Beach County Charter. Among the disparate questions and land classifications made in the proposed amendment are the following: a. Shall the County charter be amended to authorize the county commission to pass an ordinance providing for the exclusive method of voluntary annexation? b. Shall the County charter be amended to authorize the County Commission to pass an ordinance designating an unincorporated protection area where voluntary annexations would 3.3 later have to be approved by a super-majority vote of the Board of County Commissioners? c. Shall the County charter be amended to authorize the County Commission to pass an ordinance establishing areas eligible to become unincorporated rural neighborhoods, where voluntary annexations would later have to be approved by a super-majority of the Board of County Commissioners and additionally by a majority vote of the electors residing in the neighborhood so designated by the Commission. Single-subject provisions in charters are strictly construed. See Shulmeister v. Larkins, 856 So.2d 1149 (Fla. 4th DCA 2003) (Pompano Beach City Charter including single-subject requirement for ordinances and resolutions, only). There can be no doubt that the Palm Beach County Charter contains a single-subject requirement for charter amendments. The sole issue is, therefore, whether the proposed charter amendment contains more than one subject. The seminal Florida case on this subject is Fine v. Firestone, 448 So.2d 984 (Fla. 1984). The purpose of the single-subject rule, it was explained, is to avoid voters having to accept part of a proposal which they oppose in order to obtain a change which they support. Id.~. The crucial question is whether a given proposal has a"logical and natural oneness of purpose." See Fine v. Firestone, at 448 So.2d 984, 988 (1984). Perhaps the most instructive case for purposes of the instant controversy is In Re: Advisory_ Opinion to the Attorney General- Restricts Laws Related to Discrimination, 632 So.2d 1018 (Fla. 1994), where the Florida Supreme Court agreed that it had to consider whether there is a "oneness in purpose" in the proposed amendment. Id. at 1020. The Florida Supreme Court emphasized that "enfolding disparate subjects within the cloak of a broad generality does not satisfy the single0-subject requirement." Id.; see also _Evans v. Firestone, 457 So.2d 1351, 1353 (Fla. 1984). Thus, while a "single purpose" can be found for every ballot proposal from sufficient intellectual distance, the law requires scrutiny up close. With every word in the proposal considered, the proposal must include no more than one single dominant plan. See In Re Advisory_ Opinion of the Attorney General, 592 So.2d 225,227 (Fla. 1991). In Fine, supra, the Florida Supreme Court disapproved a proposed amendment that characterized the provisions as affecting the single subject of revenues because it actually affected the government's ability to tax, government user-fee operations, and funding of capital improvements through revenue bonds. In the case of In Re: Advisory Opinion to the Attorney General - Restricts Laws Related to Discrimination, 632 So.2d 1018 (Fla. 1994), a proposed amendment was struck as violative of the single-subject rule because the subject of the amendment- discrimination- was an expansive generality that encompassed both civil rights and the power of all state and local governmental bodies. Id. at 1020. The amendment was struck fi.om the ballot because it encroached on municipal home rule powers and rulemaking authority of executive agencies and the judiciary. Similarly, the proposed charter amendment in the instant case gives the County commission the power to designate, as it pleases, three separate areas (a) unincorporated protection areas, (b) unincorporated urban neighborhoods, and (c) the remaining areas of Palm Beach County), and to provide disparate methods of voluntary annexation for each such area. The proposed charter amendment encroaches on municipal home rule powers in that it essentially prevents cities like Wellington fi.om performing essential municipal functions (determination of its borders) to a large extent. It also severely curtails private property rights, given that a property owner in an unincorporated area contiguous to a municipality would no longer have an independent right to decide whether or not to be annexed by that municipality. The purpose of the proposed charter amendment, on its face, is to give authority to the County commission to create and presumably amend an ordinance. However, Palm Beach County Commissioner Massilotti announced the purpose of the charter amendment to be as follows during the County Commission Meeting on August 17, 2004: Let's kinda cut to the chase, folks, this was put together to protect the Acreage and Loxahatchee because of Wellington's attempt to annex GKK mines, and give it 2,400 building units, and then, local newspapers reporting that they really weren't gonna do that .... So this is not about let's protect our rights and get rid [unintelligible] places. This is about a couple of cities trying to gobble up 130,000 acres and change the zoning on behalf of a couple of large landowners, and create problems for this board to deal with, and their elected officials to complain that the county commissioners aren't building roads and schools fast enough, and aren't supporting the park system. Well, it is really hard to build roads and schools and parks and the other responsibilities fi:om the school board and the counties' perspective, when in fact re-zoning is nmning rampant in areas, and areas that were zoned two homes an acre mm into fourteen homes an acre or multi-family. It's very difficult for this board to keep up with the needs of the county residents for fire rescue when in fact folks are annexing in and rezoning large chunks of property, without phase-in, without proper notification. Transcript of Commission Meeting of August 17, 2004, at pp. Commission Chairwoman Karen Marcus saw a somewhat different purpose for the charter amendment. We started to doing it because of what happened with, as commissioner Massilotti described, the Wellington area. We saw a threat to our rural communities, Loxahatchee. Transcript of Commission Meeting of August 17, 2004, at pp Commissioner Koons stated, on his County Web Site, that the purpose of the proposed referendum is to provide ·.. a method of voluntary annexation for western residential areas. If approved, unincorporated communities such as Loxahatchee and The Acreage would be designated as "rural neighborhoods" and could not be annexed by a municipality without residents' approval and that of at least five County Commissioners (super majority). It provides an additional level of protection for areas that may not want to become part of a city. http://pbcgov.com/PublnfNews__Room/08-04/08-25-04_ballot.htm Meanwhile, County Attorney Bob Banks conceded that the charter amendment would authorize the County Commission to impose procedural requirements for voluntary annexations in the in the urban service area (i.e. the rest of the county outside the "unincorporated protection area" and"unincorporated rural neighborhoods"). See transcript of Commission Meeting of August 17, at PP. It is patently obvious, that the proposed charter amendment does not have a"single purpose" as required by law. A plain reading of the charter amendment language suggests that the purpose is to give the county commission authority to enact ordinances, coveting the entire County, designating annexation methods, to designate unincorporated protection areas, and to designate as of yet unknown areas to be eligible to become "unincorporated rural area". Commissioner Massilotti perceives the purpose of the charter amendment to be the protection of over-stretched county resources. Commissioners Marcus and Koons see the purpose as "protection of rural neighborhoods" fi.om takeovers by communities such as Wellington, and represented publicly that the charter amendment will not affect the urbanized cities in the east of the County. County Attorney Banks sees as an additional purpose the establishment of notice provisions in urban areas. The proponents of this ballot amendment could have followed the mandates of the single- subject rule and drafted the proposed amendment in several ballot questions, so as to enable voters to accept the amendment they truly want. Yet they chose to log-roll a host of separate purposes into a charter amendment that accomplishes numerous purposes. It appears that the multiplicity of subjects was bom out of the County Commission's desire to create obstacles to voluntary annexation of 17 varying height, reserving unto itself maximum discretion to prevent annexation in unincorporated areas, or at least to extract the maximum price fi.om any party attempting annexation. As has become abundantly clear in recent months fi.om the County's collateral efforts to amend its Comprehensive Land Use Plan, the County wants to block any municipality fi.om providing services in heretofore unincorporated and unserviced areas. One way to accomplish that goal, is to block annexation of such unserviced areas in the west, because annexation usually leads to providing services by the annexing municipality. The County has made it abundantly clear that it intends to sell its services, in the furore, in most of today's unincorporated areas, including the eagerly anticipated Scripps research campus. One could say, thus, that the genesis of the County's charter amendment efforts lie in the Scripps-driven efforts of the County to monopolize the sale of services in the unincorporated urban Although the proposed charter amendment in the instant case is offered as a single amendment to the charter, it is obviously multifarious. It does not give the electorate the oppommity to express approval or disapproval severally as to each major change suggested. Adams v. Gunter, 238 So.2d 824 (Fla. 1970); Rivera-Cruz v. Gray, 104 So.2d 501 (1958). The ballot question as presented to the Palm Beach County voters requires them to accept or reject all of the proposed amendment in toto, granting broad authority to the Commission to adopt an as-yet-unknown ordinance serving numerous purposes. Even though the voters may be in favor of creating, in the charter, an exclusive method of voluntary annexation, they may not want to be part of an unicorpoarated rural neighborhood, or they may not want to be excluded at some time in the future when the urban service boundary is moved. Yet, this proposed charter amendment requires them to accept all purposes if they only want one. The Palm Beach County voter is basically asked to give one yes or no answer to a proposal that asks three or more questions. See In Re: Advisory Opinion to the Attorney General- Restricts Laws Related to Discrimination, 632 So.2d 1018 (Fla. 1994). For example, a Palm Beach County Voter may want to have an exclusive method of voluntary annexation for the entire county, but may not want to give the power to enact it to the County Commission. Another voter may like the concept of county commission approval of voluntary annexations, but may not like the areas to be designated for special status. The proposed charter amendment clearly violates the single subject rule, and the ballot question is thus unconstitutional. 3. Violation of Fla. Stat 101.161 for Failure to Advise Voters of Chief Purpose of the Proposed Amendment. To be placed on the ballot, the ballot summary also must be legally sufficient under Section 101.161, Fla. Stat (2003). Subsection 101.161 (1) provides, in pertinent part: Whenever a constitutional amendment or other public measure is submitted to the vote of the people, the substance of such amendment or other public measure shall be printed in clear and unambiguous language on the ballot . . . the substance of the amendment or other public measure shall be an explanatory statement, not exceeding 75 words in length, of the chief purpose of the measure. The ballot title shall consist of a caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of. The purpose of section 101.161 is "to assure that the electorate is advised of the tree meaning, and ramifications, of an amendment." Askew v. Firestone, 421 So.2d 151, 156 (Fla. 1982). The Florida Supreme Court has cautioned against approving the validity of a ballot summary that is not clearly understandable. In Re: Advisory_ Opinion to the Attorney General - Restricts Laws Related to Discrimination, 632 So.2d 1018, 1021 (Fla. 1994. The critical issue conceming the language of the ballot summary is whether the public has "fair notice" of the meaning and effect of the proposed amendment. Id__:. In the instant case, the public has neither. a. The Meaning of the Ballot Summary and the Ballot Amendment in General is Ambiguous. Even a cursory reading of the ballot summary raises numerous questions concerning the meaning of the proposed amendment, which simply cannot be answered or understood by reference to the text of the proposed amendment: EXCLUSIVE METHOD OF VOLUNTARY ANNEXATION IN PALM BEACH COUNTY Shall the Palm Beach County Charter be amended to authorize an ordinance providing for the exclusive method for voluntary annexations, including notice requirements and designation of the area outside the urban service area as unincorporated protection area where voluntary annexation must be approved by the county commission, and which includes unincorporated rural neighborhoods where voluntary annexation must be approved by the county commission and majority vote of electors residing within the boundaries of that neighborhood? Yes __ No Some of the obvious ambiguities are as follows: i. Does the Palm Beach County Commission have an obligation to pass such an ordinance if the charter amendment is approved? ii. Does the clause "and which includes unincorporated neighborhoods..." refer to the "the exclusive method of voluntary annexation," to "the unincorporated protection area," or to the "ordinance"? iii. Does the term "including" refer to "ordinance", to "amended", to "charter" or to "exclusive method"? iv. What will the exclusive method of annexation outside the "unincorporated protection area" and the "unincorporated rural neighborhood" be? v. Who decides which areas are to become "unincorporated rural neighborhoods," and 20 what does it mean that areas become "eligible" to become "unincorporated rural neighborhoods." vi. How can any given elector determine what the exclusive method of annexation for his/her unincorporated property will be if the proposed amendment is adopted? vii. Does this charter amendment give the county commission the power to later place property currently in the urban service areas (i.e. not in the "unincorporated protection area" or the "unincorporated rural neighborhood") in the protected areas, and thereby subjecting such property to annexation restrictions that do not apply at the time of the vote? viii. Does this charter amendment give the county commission the right to approve annexations with a 5:2 supermajority vote over the objection of the annexing municipality (i.e. forced annexation)? ix. Does this amendment really provide for the exclusive method of voluntary annexation in Palm Beach County, or only in certain portions of Palm Beach County? It is blatantly obvious that the title and the summary of the ballot measure do not give the voters "fair notice" of the meaning of the proposed amendment, thus violating Section 101.161 (1), Fla. Stat. b. The Effect of the Proposed Charter Amendment is Completely Unclear. As is clear from the questions in the preceding section, it is entirely impossible for a voter to determine from the ballot language whether he/she would be affected by the exclusive method the County Commission may adopt at some time in the future. More significantly, the County Commission has insisted that this amendment does not concern, as the ballot title suggests, all of Palm Bach County. During the August 17, 2004 County Commission meeting, and in deciding 21 whether or not to submit this charter amendment to the voters of Palm Beach County, Council chairwoman Karen Marcus stated: Commissioner Marcus: Let me make sure that we understand that this [ballot] ordinance does not affect any one of those [Palm Beach County] cities that got up here and talked to us. None. Correct? Staff.' Correct. Transcript of Commission Meeting of August 17, 2004, at pp Commissioner Greene: Let me ask you a question, make sure the public understands. This is not going to affect what [Palm Beach County Cities] cities? Commissioner Marcus: Any cities, other than Royal Palm Beach and Wellington, and all it affects them is they can't keep going further west. Transcript of Commission Meeting of August 17, 2004, at pp Not only was Commissioners Marcus' statement blatantly false, but the stated effect appears nowhere in the ballot language. For practical purposes, the ballot language renders even an educated voter incapable to determine what the tree effect of the ballot measure would be. The "tree meaning and ramifications of the Amendment" are absolutely impossible to determine from this ballot proposal. Askew v. Firestone, 421 So.2d 151, 156 (Fla. 1982). As such, the proposed charter amendment violates Section 101.161 (2003). The proposed charter amendment must be stricken from the November 2, 2004 ballot. CONCLUSION For the foregoing reasons, Plaintiff respectfully requests that this Court enter an injunction preventing the proposed charter amendment from being placed on the November 2, 2004 ballot, and grant such other and further relief as the Court deems necessary and proper. 22 REQUEST FOR EXPEDITED HEARING Given the impending November 2, 2004 election, and given the paucity of factual issues to be developed in discovery, Plaintiff respectfully requests an expedited hearing on this matter. Respectfully submitted, Lehtinen, Vargas & Riedi, P.A. Special Counsel for the Village of Wellington 7700 N. Kendall Drive, Ste 303 Miami, FL 33156 Tel: (305) 279 1166 Fax: (305) 279 1365 By: Dexter W. Lehtinen, Esq., Fla. Bar #265551 Claudio Riedi, Esq., Fla. Bar # 984930 Anthony J. O'Donnell, Esq., Fla. Bar #0239501 and Brinkley, McNemey, Morgan, Solomon & Tatum, LLP General Counsel for the Village of Wellington 200 East Las Olas Blvd., 19th Floor Fort Lauderdale, FL 33301 Tel: (954) 522 2200 Fax: (954) 522 9123 Jeffrey Kurtz, Esq., Fla. Bar # 494178 Quentin E. Morgan, Esq., Fla. Bar #386642 G:\WPFiles~clients\Wellington~IT~Cases~£onflic~ Reso',Pleadings~nolion for [njunct/on l.doc 23 · o: , SUBJECT: MEETING OF OCTOBER 5, 2004 CITY-INITIATED REZONING FROM GC (GENERAL COMMERCIAL) TO CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTIES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDES OF WEST ATLANTIC AVENUE BE~EEN NW/SW IsT AVENUE (100 BLOCK) AND NW/SW 12TM AVENUE (1200 BLOCK) WITHIN THE WEST ATLANTIC AVENUE OVERLAY DISTRICT. The rezoning is associated with a City initiated Futura Land Use Map Amendment from GC (General Commercial) to CC (Commemial Core) which is being processed in conjunction with the City's annual Comprehensive Plan Amendment 2004-2 and is scheduled for second reading at the City Commission meeting on October 19, 2004. The FLUM amendment and rezoning are being processed in response to direction provided in the adopted Downtown Delray Beach Master Plan. The Plan establishes a blueprint for the revitalization and unification of the City's downtown area, which is generally defined as the entire business corridor from 1-95 to Ocean Boulevard (A-l-A). The pmpe~ies in question are located within the West Atlantic Neighborhood, which includes the West Atlantic Avenue Redevelopment Area and is currently zoned GC. The proposal is for the downtown area to have the same zoning designation, which is CBD. The FLUM amendment and mzoning originally included the potion of the tennis center property that fronts Atlantic Avenue; however, due to deed restrictions that limit the development of the prope~y, the tennis center properly is being eliminated from this Comprehensive Plan Amendment. Rezoning of a potion of the pmpe~y to CBD may be considered with a future Comprehensive Plan Amendment. At its meeting of June 22, 2004, the City Commission unanimously approved this rezoning request on first reading; however the rezoning was not properly adve~ised. The ordinance has been properly adve~ised and is now before the Commission for fimt reading of the ordinance. A full analysis of the proposed FLUM amendment and rezoning is provided in the attached Planning and Zoning Board staff repo~. At its meeting of M~y ~ 7, 2004, the PIsnning ~nd Zoning Board held ~ public he~ring on this item in conjunction with Comprehensive Plan Amendment 2004-2. There w~s public testimony in opposition to the request that primarily related to concerns with displacing residences ~nd prope~y owners being forced to sell their prope~ies for redevelopment. It w~s fu~her explained that the rezoning of the existing commercially zoned prope~ies to CBD w~s to ~pply one zoning designation for the downtOWn 8re~ ~nd thst it w~s not 8ssocisted with ~ny specific development proposel. The Board voted 4-0 (Pike, Sow~rds & W~lker ~bsent) to recommend ~pprov~l of the proposed rezoning. Move to approve on first reading the rezoning from GC (General Commercial) to CBD (Central Business District), by adopting the findings of fact and law contained in the staff repod, and finding that the request is consistent with the Comprehensive Plan and meets criteria set fo~h in Section 2.4.5(D)(5) and Chapter 3 of the Land Development Regulations, with second reading to occur on and October 19, 2004. Affachments: Planning and Zoning Board staff repo~ of May 17, 2004 & Ordinance by Others ~ ORDINANCE NO. 31-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO CBD (CENTRAL BUSINESS DISTRICT) DISTRICT; SAID LAND BEING PARCELS OF LAND LOCATED ON THE NORTH AND SOUTH SIDES OF WEST ATLANTIC AVENUE, BETWEEN NW/SW lST AVENUE AND NW/SW 12TM AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated July 2004, as being zoned GC (General Commercial) District; and WHEREAS, at its meeting of May 17, 2004, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of CBD (Central Business District) District for the following described property: Lots 1-11, inclusive/less r/w SR 806/, Lots 12-16, inclusive and Lots 21-25, inclusive, Block 5, Atlantic Gardens, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 14, Page 63, of the Public Records of Palm Beach County, Florida; Together With; Lots 1-11, inclusive/less r/w SR 806/, Lots 12-16, inclusive and Lots 21-25, inclusive, Block 8, Atlantic Gardens, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 14, Page 63, of the Public Records of Palm Beach County, Florida; Together with; TRS B & C, Belair Heights Replat, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 73, Page 17, of the Public Records of Palm Beach County, Florida; Together with; Lots 1 & 2, Lots 7-11, inclusive, and Lots 17 - 20, inclusive, Block 1, Belair Heights, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-6, inclusive, and Lots A & B, Block 2, Belair Heights, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-5 inclusive/less r/w SR 806/, Myricks Subdivision, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 10 Page 79, of the Public Records of Palm Beach County, Florida; Together with; S 145 fi of N 290 fi of E 147 fi of LOt 9, Sub of 17-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4 of the Public Records of Palm Beach County, Florida; Together with; N 50 fi of S 300 fi of E 145 fi of Lot 9, Sub of 17-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1 Page 4 of the Public Records of Palm Beach County, Florida; 2 ORD NO. 31-04 Together with; W 80 fi of E 300 fi of S 130 fi of N 145 fi of Lot 9/less r/w SR 806/, Sub of 17-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-11 inclusive/less N 20 fi/, Lots 12-16, inclusive and Lots 21-25, inclusive, Block 5, Subdivision of Block 5, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 23, Page 72, of the Public Records of Palm Beach County, Florida; Together with; S 365 fi of N 385 fi of W 135 fi of Blk 13, Town ofDelray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; S 80 fi of N 100 fi of E 150 ft & S 250 ft of N 350 fi of E 135 fi of Blk 13, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; S 290 ft of N 310 fi/less E 5 ft SW5th Ave r/w/ofBlk 21, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; E 150 fi of S 294.28 fi of Blk 21, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; 3 ORD NO. 31-04 Together with; Lots 9-11, inclusive, Blk 22, Subdivision of the North half of Block 22 Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 10, Page 38, of the public records of Palm Beach County, Florida; Together with; Lots 1-3, inclusive, Blk 30, Town of Delray, a subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; All of Plat, Checkers Atlantic - Delray Plat, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 71, Page 192, of the Public Records of Palm Beach County, Florida; Together with; All of Plat/less N 20 fi Atlantic Ave r/w/, Blk 29, Resubdivision of Blocks 29 & 37, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach County, Florida; Together with; S 30.5 ft of Lot 5 & N 19.5 f~ of LOt 6, Blk 29, Town ofDelray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-4, inclusive/less N 20 ft SR 806 rd r/w/, Blk 53, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-14 inclusive/less S 20 ft SR 806 rd r/w/, Lots 34 & 35, Blk 1, Atlantic Pines, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 13, Page 77, of the Public Records of Palm Beach County, Florida; 4 ORD NO. 31-04 Together with; Lots 2-7, inclusive /less S 20 fi SR 806 rd r/w/, Lots 9-11, inclusive & Lots 30-32, inclusive, Blk 2, Atlantic Pines, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 13, Page 77, of the Public Records of Palm Beach County, Florida; Together with; LOt 1 & abandoned S 9 fi alley lyg N of & adj to/less E 10 fi/and LOt 6 & abandoned S 11 fi alley lyg N of & adj to, Block 6, Whiddens Subdivision, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 58, of the Public Records of Palm Beach County, Florida; Together with; W 274.8 fi orS 1/4 of Lot 10/less E 10 fi NW 9th Ave r/w, W 25 fi NW 10th Ave r/w & SR 806 road r/w/, Sub of 17-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together with; All of plat lyg Ely of& adjacent to NW 9th Ave r/w as in OR 4465 P1517/less E 25 fl NW 8th Ave r/w & SR 806 road r/w/, Fennos J G Sub, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 89, of the Public Records of Palm Beach County, Florida; Together with; Parcel A, Delray Amoco, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 69, Page 38, of the Public Records of Palm Beach County, Florida; Together with; N 100 ft of W 130.44 fi of S 1/2, N 142.1 fi of W 130.44 fi of E 155.44 f~ orE 1/2 orS 1/2 & W 76 ft of E 101 ft of N 120 fi orS 140 fi of E 1/2 of S 1/2, Blk 4, Town ofDelray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; 5 ORD NO. 31-04 Together with; S 1/2 of Blk 12/less S 20 ft SR 806 rd r/w/, Town ofDelray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lot 26, Blk 12, Monroe Subdivision, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 14, Page 67, of the Public Records of Palm Beach County, Florida; Together with; N 250 fi/less W 135 ft/, Blk 20, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; E 165 fl of S 135 fi & N 70 ft of S 205 fi of E 135 ft, Blk 19, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lots 1 - 8, inclusive, Melvin S Burd Sub, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-5, inclusive, Replat of part of Blk 27, Town of Linton, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 21, Page 43, of the Public Records of Palm Beach County, Florida; 6 ORD NO. 31-04 Together with; Lots 7 & 8, Blk 27, Town ofDelray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lot 1, Blk 28, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; All of Plat/less TR C-3/, Atlantic Grove, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 96, Page 55, of the Public Records of Palm Beach County, Florida; Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon the effective date of Ordinance 29-04, under which official land use designation of CC (Commercial Core) is affixed to the subject parcel hereinabove described. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200__. 7 ORD NO. 31-04 ATTEST M A Y O R City Clerk First Reading. Second Reading 8 ORD NO. 31-04 / PLANN.ING AND ZONING B'OARD CITY OF DELRAY BEACH --STAFF REPORt'- MEETING DATE: May 17, 2004 AGENDA ITEM: III.A.2.B. ITEM: city initialed Future Land Use Map Amendment I~rom GC. (General Commercial) In Part and CF-P (Community Facilifies~Public Buildings) In Part to CC (Commercial cOre) and Rezoning From GC (General Commercial) In Part and CF (Community FaCilities) To CBD (Central Business Dislrict) For Properties Generally Located on the North and South Sides of West Atlantic AvenUe Between NW/SW 1~ ,,~,venue (100 Block) and NVV/SW 12t~ Avenue (1200 Block-) Within the West Atlantic Avenue Overlay District (QuaSi-Judicial Hearing). GENERAL DATA: Owner ........................................... City Initiated Location ........................................ Generally located on the north and south sides of West Atlantic Avenue be{ween NW/SW 1 ~ Avenue (100 Block) and NW/$W 12th Avenue (1200 BlOCk) Property Size ................................. 42.88 Acres Future Land Use Map .................... CF-P (Community Facilities-Public Building) & GC (General Commercial) Proposed FLUM ............................ CC (Commercial Core) Current Zoning .............................. GC (General COmmercial) & CF (Community Facilities) Proposed Zoning ...................... : ....CBD (central· BusineSs District) Adjacent Zoning .................. North: GC (General Commercial) East: GC & RM (Medium Densi{y Residential) South: RM WeSt: OC & RM i ~) Existing Land Use ...................... ~. Commercially zoned properties and Tennis Center Parking Lot. i! Water Service ............................... n/a Sewer Service ............................... n/a Ill J~ rjr The action before the Board is that of making a recommendation to the City Commission on a City initiated Future Land Use Map Amendment from GC (General Commemial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District) for properties generally located on the north and south sides of WeSt Atlantic Avenue between NW/SW Ist Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray Beach Master Plan, which establishes a blueprint for the revitalization and unification of the City's downtown area. This area is generally defined as the entire business corridor from i-95 to Ocean Boulevard (A-l-A). The Master Plan divides the downtown business area into three districts, the West Atlantic Neighborhood from Interstate 95 to Swinton Avenue, the Central Core District, from Swinton Avenue to the Intracoastal Waterway and the Beach District, east of the Intracoastal Waterway to the beach. The Master Plan includes several general recommendations and a sedes of proposals for each of the three districts. Future development in the area must be in accordance with the provisions of both the Downtown Delray Beach MaSter Plan and the West Atlantic Avenue Redevelopment Plan (adopted in 1995). The properties in question are located within the West At/antic Neighborhood, which includes the West Atlantic Avenue Redevelopment Area. The properties currently zoned GC (General Commercial) encompass 41.81 acres, while the property zoned CF (Community Facilities) involves 1.07 acres (42.88 acres total). REQUIRED FINDINGS: LDR {Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 2 Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. The proposed FLUM amendments will assign a Future Land Use Map designation of CC (Commercial Core) and the proposed rezoning to CBD (Central Business District) is consistent with this FLUM designation. These changes will apply the same zoning designation that currently exists for the downtown area, east of Swinton Avenue (CBD). The CBD and GC zoning districts accommodate mixed-use development. The CBD zoning is consistent with the CC FLUM designation. Thus, positive findings can be made regarding consistency of the FLUM and zoning designations. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: · Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The adopted Downtown Delray Beach Master Plan includes recommendatiOns` for redevelopment of the subject properties. The proposed FLUM amendments and associated rezonings will fulfill the following policies: Future Land Use Element Policy C-4.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corddor between 1-95 and A-l-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the 'Village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infiil development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to. modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 3 The above policy and adopted Downtown Delray Beach Master Plan characterizes the City's downtown area as the commercial areas surrounding the Atlantic Avenue corridor, between 1-95 and State Road A-1-A (Ocean Boulevard). The Master Plan is the Citizens' vision for the growth and unification of Delray Beach. It represents the ultimate growth and form of the community and the creation of a recognizable and seamless center for our city. During the development of the Master Plan three neighborhoods and districts were identified for the downtown area: The West Atlantic Neighborhood, The Central Core, and the.Beach District. The goal is to include these districts within one zoning classification - the CBD (Central Business District). Besides the changes to the commercial designation, the Master Plan includes general recommendations and a series of proposals for each of the districts, which includes the Tennis Center frontage associated with the FLUM amendment and Rezoning request. The Master Plan specifically addresses the parking lot in front of the Tennis Center and the need for filling in this gap along the Avenue. The parking lot is seldom used to its maximum capacity, except dudng special events and for a few days dudng the season. While the Center is a positive addition to the City, the 600' expanse of parking along Atlantic Avenue interrupts the urban fabric and is not conducive to a pedestrian friendly environment. This unfriendly environment impacts the physical structure of the Avenue and acts as a barrier between the West Atlantic Neighborhood and the Commercial Core, which reinforces the perceived social barriers. The Master Plan proposes the construction of three liner buildings on this parking lot fronting the Avenue, and the creation of a plaza in front of the existing Tennis Center clubhouse building. However, the CF regulations do not accommodate the mix of commercial and residential uses envisioned for this. frontage. Improvements pursuant to the Plan will have a positive influence and will make the pedestrian transition between the two districts more inviting and uninterrupted. in addition to the above, a directive of the Downtown Delray Beach Master Plan was to create design guidelines (LDRs) to guide future development in the downtown area in a manner that will preserve the character of the area. The City has recently adopted the design guidelines which have requirements that relate specifically to the three districts referenced above. The intent is apply one zoning designation (CBD) for the downtown area, which will have the three distinctive sub-areas/districts. The adoption of the design guidelines and the proposed rezoning to CBD are just couple of the many recommendations and strategies called for in the Plan to address goal for unity, while guiding the revitalization and redevelopment of the City's downtown. Future Land Use Element Policy C-1.5: The'following pertains to the Atlantic AVenue Redevelopment Area: This area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton Avenue. The present land uses in this area include single family homes, duplexes, mini- parks, commercial uses along Atlantic Avenue and N.W. 5th Avenue, and scattered vacant parcels. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The plan establishes Future Land Use Map designations, zonings, Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 4 special development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance with the provisions of the redevelopment plan... The plan calls for pedestrian orientation and no parking between structures and the Atlantic Avenue right-of-way, with a preference for parking located to the rear of any structure. While the parking at the tennis center was not specifically referenced within the West Atlantic Avenue Redevelopment Plan, the Plan generated conceptual plans for each block with commercial zoning along the Avenue. These plans were based upon vital, urban design principles including the principle that buildings on the Avenue should be situated adjacent to the public, pedestrian sidewalk, and parking should be placed in the rear. · Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal will be consistent with the goals, objectives and policies of the City's Comprehensive Plan as it relates to Future Land Use Element Policies C-1.5 and C-4.2, the adopted Downtown Delray Beach Master Plan, and the adopted West Atlantic Avenue Redevelopment Plan. · Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed FLUM amendment from GC and CF-P to CC and Rezoning from GC and CF to CBD will accommodate development at the same intensity as that which can occur under the current designations, in essence, the change is from one commercial designation to another with the same development potential. Development under either the GC or CBD scenario will accommodate the same intensity of development consistent with the adopted Downtown Delray Beach Master Plan and West Atlantic Avenue Redevelopment Plan. With regard to the tennis center frontage, the CF zoning currently allows similar and even more intense uses than are accommodated within the proposed CBD zoning district. The uses allowed under the CF-P (Community Facilities - Public Buildings) Future Land Use Map designation and the CF zoning district can accommodate large venues that are more regionally-oriented from a traffic perspective (i.e. the Tennis Center Stadium) while the uses allowed in the CBD are typically more locally oriented. City facilities such as water, sewer, and drainage have sufficient capacity, to handle development of this area at the potential development intensity allowed under the proPOsed CC FLUM designation. Similarly, solid waste can be accommodated by existing County facilities. As the majority of the properties are located in the TCEA (Transportation Concurrency Exception Area) and are changing to a land use designation of similar development potential, traffic is not an issue. The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards': A park impact fee is collected to offset any impacts that individual projects may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD-- West Atlantic Avenue Overlay District Page 5 park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each residential unit. School concurrency will be addressed with future proposals for residential development; however no problems are anticipated. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. · Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. As previously stated, the FLUM amendments and rezonings for these properties generally involve the change in zoning from one commercial zoning designation to another with the same development potential. The proposal does not expand the commercial boundaries from those that currently exist, except with regard to the tennis center frontage, which is within the commercial corridor. -- Based upon the above, the proposed FLUM amendments and Rezoning to CBD are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. · Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation shall comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land. Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 (Basis for Determinin.q Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 6 sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.'1 (C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 {Standards for Rezoninq Actions): Standards A, B, C and E are not applicable with .respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As previously stated, the FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. As discussed under Future Land Use Element Policy A-1.7, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Also, there are development regulations currently in place to mitigate any potential impacts with adjacent properties. Section 2.4.5(D)(5) (Rezonin.q Findin_qs): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b" and "c": based on the following: The proposed rezonings are required to implement the provisions of the Downtown Delray Beach Master Plan. In order to implement the development scenarios identified in the Plan, rezoning of the subject properties is appropriate as there has been a change in circumstances which make the current zoning inappropriate. The requested zoning is of similar intensity and is more appropriate given the direction identified in the Comprehensive Plan. Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 7 COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No formal land development appliCation has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. Community Redevelopment Aqenc¥: At its meeting of April 22, 2004, the CRA Board reviewed and recommended approval of the FLUM amendments and rezonings to Central Business District (CBD). Downtown Development Authority At its meeting of April 21, 2004, the DDA reviewed and recommended approval of the FLUM amendments and rezonings to Central Business District (CBD). west Atlantic Redevelopment Coalition At its meeting of April 14, 2004, the WARC reviewed and recommended approval of the FLUM amendments and rezonings to Central Business Distdct (CBD). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Atlantic Park Gardens · Paradise Heights · Chamber of Commerce · PROD (Progressive Residents of Delray) · Deiray Merchants Association · President's Council · Ebony of Delray ° West Settlers Historic District · Gateway · West Side Heights · Lincoln Park 'Public Notice: Formal public notice has been provided to the affected property owners as well as property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and Planning and zoning Board Staff report FLUM Amendment and Rezoning to CaD- West Atlantic Avenue Overlay District Page 8 the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. A. Continue with direction. B. Recommen~l to the City Commission approval of Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District), for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW Ist Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets cdteria set forth in Section 2.4.5(D)(5) and Chapter 3 of the Land Development Regulations. C. Recommend denial of the FutUre Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning From GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District) for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW Ist Avenue (100 Block) and NW/SW 12~ Avenue (1200 Block) within the West Atlantic Avenue Overlay District, by finding that the request and approval thereof is inconsistent with the Comprehensive Plan and do not meet criteda set forth in Sections 2.4.5(G)(5) and Chapter 3 of the Land Development Regulations. Recommend to the City Commission approval of Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District), for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(D)(5) and Chapter 3 of the Land Development Regulations. Attachments: · Current & Proposed Future Land Use Map · Current & Proposed Zoning Map SUBJECT: MEETING OF OCTOBER 5, 2004 CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPENDIX "A" TO PROVIDE A DEFINITION OF "ADULT GAMING CENTER", "COIN-OPERATED AMUSEMENT DEVICES" AND "SLOT MACHINES" AND ENACTING A NEW SUBSECTION 4.3.3(AAA), "ADULT GAMING CENTERS", AND CLARIFYING THAT ADULT GAMING CENTERS ARE CONDITIONAL USES IN THE GENERALCOMMERCIAL (GC) AND PLANNED COMMERCIAL (PC) ZONING DISTRICTS. On December 15, 2003, the Planning and Zoning Board considered a conditional use request to establish an adult arcade amusement center within 4,200 square feet (three bays) of the shopping center at the southeast corner of Military Trail and Linton Boulevard (Boca Ray Plaza). During the analysis of that request the issue of whether this type of use would be considered gambling or not was discussed. The applicant's accompanying narrative a~tempted to explain how the coin operated amusement facility met the definition of "Arcade Amusement Center" as described in Florida State Statute 846.161. Pursuant to Florida Statute 846.161, an Arcade Amusement Center is "a business that contains machines that operate by means of the insertion of a coin and which by application of skill may entitle the person playing or operating the game or machine to receive points or coupons which may be exchanged for merchandise only, excluding cash and alcoholic beverages, provided the cost value of the merchandise or prize awarded in exchange for such points or coupons does not exceed 75 cents on any game played." The "STOP" buttons described in the applicant's narrative are construed to be the skill, wherein, the operator decides when to stop icons on a screen. The statutes relating to prohibition of gambling are not applicable to facilities that meet this definition. Given the current regulations the City Commission approved the Spinners Arcade request at their meeting of January 6, 2004. At that time, similar operations in the State of Florida, more notably in the County of Sarasota were being reviewed by the courts to determine whether they met the definition of Arcade Amusement Facility and are therefore exempt from Florida's prohibition on gambling. Given the legal review of this type of use, a four month moratorium, pursuant to Florida Statute 166.021, was established to allow adequate time for the courts to render their decision. At its meeting of March 11, 2004, the City Commission approved an ordinance (Ord. No. 13-04) establishing a four month moratorium for Adult Arcade Establishments to enable staff to study the impacts of the use and develop criteria to establish the use. On May 12, 2004, according to State v. Cyphers, 2004 WL 1057797 (Fla. 2nd DCA 2004) (appealed from a decision of the Circuit Court of Sarasota County), the Second District Court of Appeals held that the gambling exemptions of §849.161 (1)(a)(1), Fla. Stat. are valid exceptions to the gambling prohibitions of §849.01 and 849.15, Fla. Stat. On July 20, 2004, the City Commission approved an ordinance (Ord. No. 37-04) extending the moratorium for 90 days (October 20, 2004) to complete the LDR amendments. The intent of this ordinance is to regulate gaming centers that oftentimes mimic the look and atmosphere of gambling venues, but are operated in accordance with Chapter 849, Florida Statutes, City Commission Documentation LDR Amendment - Adult Gaming Centers Page 2 (Gambling). The regulation of these venues ensures that they are permitted as a conditional use in the appropriate compatible zoning classification of General Commercial (GC) and Planned Commercial (PC), and establishes criteria to ensure reduction in any secondary effects that would have a negative impact on the general public as well as the area surrounding the use. The proposed amendment does not permit adult gaming centers within 1,000 feet of an existing adult gaming center and does not permit the use within a designated redevelopment area. This Ordinance does not regulate "adult arcades", which are considered adult entertainment establishments which are separately regulated under the City's ordinance. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. This amendment is being initiated to provide clarification and regulations regarding adult gaming centers, which are consistent with Florida Statutes. While the amendment does not fulfill a specific Goal, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. ........ ' ~i~::i:~ :~i1~:::~,i~i~ i : i: i:i:::ii ~ ::~: ::: ::: .......... ........... At its meeting of September 27, 2004, the Planning and Zoning Board held a public hearing regarding the amendment. There was no public testimony regarding the proposed changes. After discussing the amendment, the Board voted 4-0 (Borchardt, Morris & Walker absent) to recommend to the City Commission approval of the proposed amendment, based upon positive findings with LDR Section 2.4.5(M). E ~ ~ · ,~: ~ .-~,,.,, '1~.~.~ ~-~ -, '~1I By motion, approve on first reading the odinance amending Land Development Regulations Appendix "A", enacting a new Subsection 4.3.3(~), "Adult Gaming Centers", and clarifying that Adult Gaming Centers are Conditional Uses in the General Commercial (GC) and Planned Commercial (PC) zoning districts, by adopting the findings of fact and law contained in the staff repod, and finding that the request is consistent with the Comprehensive Plan and meets criteria set fo~h in Section 2.4.5(M) of the Land Development Regulations, and set a public hearing date of October 19, 2004. A~achment: Proposed Odinance ORDINANCE NO. 58-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELKAY BEACH, FLORIDA, BY AMENDING APPENDIX "A" TO PROVIDE A DEFINITION OF "ADULT GAMING CENTER", "COIN-OPERATED AMUSEMENT DEVICES" AND "SLOT MACHINES", BY AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION 4.3.3 "SPECIAL REQUIREMENTS FOR SPECIFIC USES"; BY ENACTING A NEW SUBSECTION 4.3.3(AAA), "ADULT GAMING CENTERS", IN ORDER TO PROVIDE FOR REGULATION AND ZONING OF SUCH FACILITIES; AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", AND SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT" TO INCLUDE ADULT GAMING CENTERS AMONG THE CONDITIONAL USES ALLOWED IN BOTH THE GC AND PC ZONING DISTRICTS; ENACTING SECTION 113.03, "PROHIBITION OF CONSUMPTION, POSSESSION, OR SALE OF ALCOHOLIC BEVERAGES", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray BeaCh, Florida, has determined that game rooms or enterprises offering coin-operated amusements also known as adult gaming centers require locational standards and additional regulations and requirements to ensure and protect the public health, safety, morals and welfare; and WHEREAS, it is the intent of this ordinance to regulate gaming centers that oftentimes mimic the look and atmosphere of gambling venues, but are operated in accordance with Chapter 849, Florida Statutes, (Gambling); and WHEREAS, the regulation of these venues ensures that they are permitted as a conditional use in the appropriate compatible zoning classification xvithin the City of Delray Beach and that appropriate police powers are established and applied to ensure reduction in any secondary effects and to advance the public policy of protecting children; and WHEREAS, it is not the intent of this Ordinance to purport to permit any act or activities prohibited by the provisions of State law including, but not limited to, the provisions of Chapter 849, Fla .Stat. Moreover, it is not the intent to expand, in any way, the provisions of Section 849.161. Fla. Stat.; and WHEREAS, this Ordinance does not regulate "adult arcades", which are considered adult entertainment establishments which are separately regulated under the City's ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Appendix "A" of the Land Development Regulations of the City of Dekay Beach, Florida, be amended as follows: Adult Gaming Center means any place or premises catering to persons 18 and over that mimic the look and feel of gambling venues where there are more than six (6) amusement ~ames or machines which operate by the means of the insertion of a coin and which by means of skill may entitle the person playing or operating the game or machine to receive points or coupons which m ay be exchanged for merchandise only, excluding cash and alcoholic beverages, provided the cost value of the merchandise or prize awarded in exchange for such points or coupons does not exceed 75 cents on any game played are available to the public. The presence of games or gaming devices that are similar to, or in the nature of slot machines, shall result in a rebuttable presumption that the business at which such machines are located is an adult earning center. Amusement Game Fadlities means any place or premises not considered an adult ~ming center, which caters to families and children and where there are games such as pinball, air hockey, electronic games, and other similar coin operated games and the premises does not meet the definition of an Adult Gaming Center. Coin-Operated Amusement Device means an amusement machine, device, or instrument operated by means of the insertion of a coin, bill, currency, credit card, debit card, token or slug for use as a game, contest of skill or amusement of any description operated in accordance with 849.161, Fla. Stat. This definition is not intended to and does not include merchandise vending machines or coin-operated mechanical or electrical instruments or devices. Slot Machine means a coin-operated amusement device allowable pursuant to law that pays off according to the matching of symbols on wheels spun by a handle or by a push button. Section 2. That Article 4.3, "District Regulations, General Provisions", of the Land Development Regulations of the City of Delray Beach, Florida, Section 4.3.3, "Special Requirements 2 OKI) NO. 58-04 for Specific Uses", Subsection 4.3.3(AAA), "Adult Gaming Centers" is hereby enacted to read as follows: (AAA) Adult Gaming_ Centers: Purpose: It is the intent of this section to regulate adult gaming centers that mimic the look and feel of gambling venues but are operated in accordance with Florida State Statute Chapter 849 (Gambling). Regulation of these venues ensures that they are permitted as conditional uses in the appropriate compatible designation within the City and that appropriate police powers are established to ensure reduction of any secondary effects. This section does not purport to regulate adult arcades which are addressed in Section 4.3.3(AA) of the City's Land Development Regulations entitled "Adult F, ntertainment Establishments" and Section 113.20 of the City's Code of Ordinances, nor Amusement Game Facilities as defined herein. (1) Development Standards for Adult Gaming Centers. (a) No Adult Gaming Center shall be located within one thousand (1,000) feet of or in the same block as, whichever distance is greater, an existing adult gaming center, measured from lot line to lot line in a straight line. (b) Location. No Adult Gaming Center shall be located within an historic district, on an historic site, on properties listed on the Local or National Register of Historic Places or in any Redevelopment Area. (c) Adult Gaming Center Requirements. 1. An attendant must be provided on the premises during all hours of operation. 2. The hours of operation shall be limited to 9:00 a.m. to 11:00 p.m., 7 days a week. 3. No one under 18 years of age shall be allowed in the Adult Gaming Center. 4. The consumption and/or possession of alcohol shall be prohibited on the premises. 5. The license for each machine shall be attached thereto. 6. The use of gift certificates, gift cards, credit cards or other cash substitutes shall be prohibited. 3 ORD NO. 58-04 7. Prizes shall be limited to $.75 retail value per game played. 8. Any machine on the premises of the enterprise or business shall not violate the State's laws against slot machines and shall be in full compliance with Section 849.16,/V/on'da Statutes. 9. The enterprise or business shall permit unlimited access to law/code enforcement offici_a!s to enter the premises and inspect any machine at any time to ensure that the provisions of this Ordinance are in compliance. (2) Conditional Use Criteria. (.a) Application. No person shall operate or conduct an adult gaming center for use by the general public in the City. for the reward of prizes without first applying for a conditional use and stating in the application, at a minimum, the following: 1. The t~ame under which the enterprise or business is to be conducted; 2. The location at which the enterprise or business is to be carried on; 3. The name, address and principal occupation of every person with an interest in the enterprise or business; 4. The number of machines to be exhibited; 5. The manufacturer, serial numbers, name of each machine, name of actual owner of each machine with address and phone numbers; and 6. Whether the applicant has ever been engaged in operating a gaming center, of whatsoever .type or nature, and when, where and how long in each place within five (5) years preceding the date of application. 7. A conditional use shall not be approved if a person with an interest in the adult gaming center, or an employee of the adult gaming center, has been convicted of a violation of a Federal or State statute or any local ordinance pertaining to gambling or any other crime involving moral turpitude. 8. The applicant shall be eighteen (18) years of age or more and provide proof thereof. 4 ORD NO. 58-04 (b) Inspection. As a prerequisite to the continuation of the granting of a conditional use within 6 months and periodically thereafter during the operation of the adult gaming center, the Chief Building Official, or designee, the City Fire Inspector or designee and the De[ray Beach Police Department shall have the right to inspect the premises certifying that the adult gaming establishment is operating in accordance with the requirements of law and this ordinance. (c) Registration. Upon approval of a conditional use, registration for each coin operated amusement gaming device, however operated, shall be required. For each machine registered, a numbered metal tag or plastic decal shall be issued to the applicant for each machine so covered. Application for machine registration stickers must disclose the location where the machine is to be operated, the manufacturer of the machine, the manufacturer's serial number, and the software version, if any. Registration stickers are not transferable from person to person, place to place, or machine to machine. No machine will be eligible for a registration sticker if its operation involves any material elements of chance, unless: 1. The applicant submits with the application, satisfactory proof that the applicant has registered with the United States Department of Justice pursuant to 15 United States Code 1171, and 2. The applicant submits with the application, the records required under Federal laxv to be maintained by those who register under 15 United States Code 1171, and certifies the machine bears the permanent marking required by Federal law. 3. The applicant shall keep the registered machines, the records of acquisition, location and disposition required by Federal law, and records of prize awards open to law/code enforcement inspection at any time. (3) Peace Disturbances; Gambling; Intoxicated Persons; Minors. No licensee or owner of any adult gaming center, or any servant, agent or employee of such a licensee or owner, shall permit upon the premises housing a mechanical amusement devise any of the following: (a) Disorderly persons; (b) Gambling, or the use, possession or presence of g~bling paraphernalia; (c) Intoxicated persons to loiter on the premises; 5 ORD NO. 58-04 (d) Loud noise or music to emerge from the licensed premises, which noise or music is disturbing to the surrounding area: and (e) Any licensee or owner, or any servant, agent or employee thereof, shall be presumptively deemed to have permitted the conduct enumerated in this Section if it occurs on the premises housing an adult gaming center. (4.) Penalty: Section 10.99, "General Penalty" of the Code of Ordinances of the City of Delray Beach shall apply, but shall not be the exclusive penalty for violations of this section, which may include but not be limited to a finding that the conditional use is null and void if any adult gaming center is found to be in violation of Chapter 849, Fla. Stat. or this ordinance or conditions of approval. Section 3. That Section 4.4.9, "General Commercial (GC) District", Subsection (12)), "Conditional Uses and Structures Allowed", be amended to read as follows: (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District, except as modified in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1) and the North Federal Highway Overlay District by Section 4.4.9(G)(2). (1) Residential Alcohol and Drug Abuse Treatment Facilities, subject to restrictions set forth in Section 4.3.3(12)). (2) t ga · Amusemen me facilities lirv, 2~,.,~ (3) Wash establishments or facilities for vehicles. (4) Child Care and Adult Day Care. (5) Clubs and Lodges; social, fraternal, and recreational. (6) Drive-in Theaters. (7) Flea Markets, bazaars, merchandise marts, and similar retail uses. (8) Funeral Homes. (9) Gasoline 'Stations or the dispensing of gasoline directly into vehicles. (10) Hotels and Motels. 6 ORD NO. 58-O4 (11) Free-standing multiple-family housing subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. (12) Recreational establishments such as bowling alleys, g3Tmnasiums, health spas, miniature golf courses, skating rinks. (13) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis), with no outside display, outside storage or outside service. (14) Vehicle care limited to the changing of oil and filters, and lubrication with no mechanical work or outside storage of vehides except as a part of a gasoline station. (15) Veterinary Clinics. (16) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (17) Adult Gaming Centers. Section 4. That Section 4.4.12, "Planned Commercial (PC) District~', Subsection (D), "Conditional Uses and Structures Allowed", be amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the PC District except as modified in the Lindell/Federal (Redevelopment Area #6) Overlay District by Section 4.4.12(G): (1) All uses allowed as such within the GC District. (2) Playhouses, Dinner Theaters, and places of assembly for commercial entertainment purposes. (3) Private schools and other similar educational facilities, subject to Section 4.3.3(HHH). (4) Adult Gaming Centers. Section 5. That Section 113.03, "Prohibition of Consumption, Possession or Sale of Alcoholic Beverages" be enacted to read as follows: 7 ORD NO. 58-04 Section 113.03 PROHIBITION OF CONSUMPTION, POSSESSION OR S.~IJF~ OF ALCOHOLIC BEVERAGES. (A) Within this City, it shall be unlawful for any person to consume, possess or sell alcoholic beverages at any Adult Gaming Center pursuant to ~849.161, Fla. Stat. and Section 4.3.3(AAA) of the City's Land Development Re~m~lations. Section 6. 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 validit)T of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. 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 ~ day of ,2004. MAYOR ATTEST: ACTING CITY CLERK Fixst Reading Second Reading 8 ORD NO. 58-04 TO: DJ~VI~T. HARI~[BN, CFI'Y MANAGER THRU: PAUL DORLING, DIRECTOR OF PLANNING AND ZONING FROM: SCOTT D. PAPE, SENIOR PLANNER SUBJECT: MEETING OF OCTOBER 5, 2004 CITY INITIATED FUTURE LAND USE MAP AND ZONING MAP AMENDMENTS FOR TWO SEPARATE PARCELS THAT ARE PART OI; LAND SWAP ACTIVITY ASSOCIATED WITH THE ESTABLISHMENT OF THE INTRACOASTAL PARK SITE. THE FIRST PARCEL IS A SMALL- SCALE FUTURE LAND USE MAP AMENDMENT FROM TRN (TRANSITIONAL) TO MD (MEDIUM DENSITY 5-'12 DU/AC) AND REZONING FROM POD (PLANNED OFFICE DEVELOPMENT) TO RM (MEDIUM DENSITY RESIDENTIAL) FOR 0.'13 ACRE THAT IS CURRENTLY OWNED BY THE DELRAY HARBOR CLUB. THE SECOND PARCEL IS ALSO A SMALL-SCAI F FUTURE LAND USE MAP AMENDMENT FROM TRN, MD AND OS-C (OPEN SPACE - CONSERVATION) TO OS-C (OPEN SPACE - CONSERVATION) AND Ri=ZONING FROM POD IPLANNED OFFICE DEVELOPMENT), RM (MEDIUM DENSITY RESIDENTIAL) AND CD (CONSERVATION DISTRICT) TO OS (OPEN SPACE) THAT CONSISTS Oi- 4.47 ACRES. I : ::BAC:KG~OUND: ::: :::::::::: :: : ........ :: :: The proposed FLLJM and Rezonings are associated with two different portions of properties that include land conveyed to the Delray Harbor Club to accommodate additional parking with the remainder to contain a passive conservation area, additional boat ramps, and associated parking for the Intracoastal Park. Over the past year the City has been negotiating with FIND (Florida Inland Navigation District) to obtain a 30 year lease on MSA Tract 650. This lease would allow the City to utilize the property for the construction of additional boat ramps for the public. The need for additional boat ramps is identified in the Comprehensive Plan as an unmet need in the City. During this process the adjacent residential development Delray Harbor Club expressed a desire to do some parking improvements on the adjacent property. Given the common interests in this area, the City, FIND and Delray Harbor Club have been collaborating to achieve the most efficient design. To this end a Real Property Exchange Agreement has been executed which involved land swaps between the parties. With this exchange completed, future land use and zoning changes are necessary to reflect the appropriate designations to accommodate the future uses. At its meeting of September 7, 2004, the City Commission initiated the small-scale Future Land Use Map amendments and zoning changes for both portions of the Delray Harbor Club and Intracoastal Park sites. City Commission Documentation Meeting of October 5, 2004 FLUM Amendment and Rezoning Page 2 At its meeting of September 27, 2004, the Planning and Zoning Board held a public hearing in conjunction with the Rezoning and FLUM amendment requests. Several members of the public representing the residential development (Harbourside) were in attendance. One person from the public spoke and did not see the need for additional boat ramps and suggested that development be limited to additional parking for overflow from Knowles Park. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 (Morris, Borchardt, Walker absent) to recommend that the requests be approved by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. By motion, approve on first reading the ordinance for the proposed City initiated small scale FLUM Amendment from TRN (Transitional) to MD (Medium Density 5-12 du/ac) and rezoning from POD (Planned Office Development) to RM (Medium Density Residential) for land with a total acreage of 0.13 acres that has been conveyed to the Delray Harbor Club. Further, approve a small scale Future Land Use Map Amendment from TRN, MD and OS-C (Open Space - Conservation) to OS-C (Open Space - Conservation) and rezoning from POD (Planned Office Development), RM (Medium Density Residential) and CD (Conservation District) to OS (Open Space) for land with a total acreage of 4.47 acres to accommodate the Intracoastal Park, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations and recommendation of the Planning and Zoning Board. Attachments: P & Z Staff Report of September 27, 2004 & Ordinance ORDINANCE NO. 48-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM TRN (TRANSITIONAL) IN PART, RM (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) IN PART AND OS-C (OPEN SPACE, CONSERVATION) IN PART TO OS-C (OPEN SPACE, CONSERVATION), AND FROM TRN (TRANSITIONAL) TO MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; REZONING AND PLACING LAND PRESENTLY ZONED POD (PROFESSIONAL OFFICE DISTRICT) DISTRICT IN PART, RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN PART AND CD (CONSERVATION) DISTRICT IN PART TO OS (OPEN SPACE) DISTRICT, AND FROM POD (PROFESSIONAL OFFICE DISTRICT) TO RM (MEDIUM DENSITY RESIDENTIAL); SAID LAND BEING GENERALLY LOCATED ON THE EAST SIDE OF US HIGHWAY NO.1, BETWEEN SE 10TM STREET AND LINTON BOULEVARD, AS MORE PARTICULARJ_,Y DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission, acting in its legislative capacity desires to initiate the Future Land Use Map (FLUM) amendment and rezoning for the herein after described parcels; and WHEREAS, The City of Delray Beach and FIND (Florida Inland Navigation District), are the fee simple owners of a 4.47 acre parcel of land hereinafter described as Exhibit "A" located on the east side of US Highway No. 1, between SE l0th Street and Linton Boulevard (approximately 650 feet south of SE l0th Street); and WHEREAS, Delray Harbor Club Association, Inc. is the fee simple owner of a 0.13 acre parcel of land hereinafter described as Exhibit "B" located on the east side of US Highway NO. 1, between SE l0th Street and Linton Boulevard (approximately 900 feet south of SE l0th Street); and WHEREAS, the subject property hereinafter described as Exhibit "A" has an existing Future Land Use Map (FLUM) designation of TRN (Transitional) in part, MD (Medium Density Residential 5-12 du/ac) in part and OS-C (Open Space, Conservation) in part; and WHEREAS, the subject property hereinafter described as Exhibit "B" has an existing Future Land Use Map (FLUM) designation of TRN (Transitional); and WHEREAS, the property hereinafter described as Exhibit "A" is shown on the Zoning District Map of the City of Delray Beach, Florida, dated July, 2004, as being zoned POD (Professional Office District) District in part, RM (Medium Density Residential) District in part and CD (Conservation) District in part; and WHEREAS, the property hereinafter described as Exhibit "B" is shown on the Zoning District Map of the City of Delray Beach, Florida, dated July, 2004, as being zoned POD (Professional Office District) District; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Future Land Use Map designation of the property described as Exhibit "A" is hereby officially affixed as OS-C (Open Space, Conservation). Section 2. That the Future Land Use Map designation of the property described as Exhibit "B" is hereby officially affixed as MD (Medium Density Residential 5-12 du/ac). Section 3. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of OS (Open Space) District for the parcel of land described as Exhibit "A". Section 5. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of RM (Medium Density Residential) District for the parcel of land described as Exhibit "B". 2 ORD NO. 48-04 Section 6. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 and Section 5 hereofi Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. 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 9. That this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,200__. ATTEST M A Y O R City Clerk First Reading Second Reading 3 ORD NO. 48-04 Legal Description of Parcels: Exhibit "A" Parcel 1 That portion of Lot 11, Block 1, Model Land Company's Map of Section 21, Township 46 South, Range 43 East, according to the Plat thereof as recorded in Plat Book 1, Page 128, Public Records of Palm Beach County, Florida, and that portion of The Comiche Replat 1, according to the Plat thereof as recorded in Plat Book 79, Page 50, Public Records of Palm Beach County, Florida described as follows: Beginning at the Southwest comer of Lot 27, Block 2 of said Model Land Company's Map of Section 21; thence N 89° 58' 31" W., along the westerly projection of the South line of said Lot 27, a distance of 218.60 feet to a point on the East right-of-way line for US Highway No 1; thence N 32° 03' 14" E, along said East right of-way, a distance of 100.00 feet to the Southwest comer of Tract "A" of said Plat of The Comiche Replat 1; thence S 89° 58' 31"E, along the South line of said Tract "A", a distance of 4.09 feet to a point on a non-tangent curve concave to the northeast having a central angle of 107o16, 55" and a radius of 31.50 feet; thence South, Southeasterly and East, along the arc of said curve whose chord bears S 36° 20' 04"E, a distance of 58.98 feet; thence N 32° 02' 19"E a distance of 194.30 feet to a point on the East line of said Plat of The Comiche Replat 1; thence S 0°23, 4"W, along said East line and along the West line of said Lot 27, Block 2, of Model Land Company's Map of Section 21, a distance of 208.67 feet to the point of beginning. Parcel 2: That portion of Lot 27, Block 2, Model Land Company's Map of Section 21, Township 46 South, Range 43 East, according to the Map or Plat thereof as recorded in Plat Book 1 Page 128, Public Records of Palm Beach County, Florida, lying West of the West right-of-way of the Intracoastal Waterway, as shown in Plat Book 17, Page 17B, Public Records of Palm Beach County, Florida, less that portion of said Lot 27 lying in the Plat of the Comiche Replat 1, according to the Plat thereof recorded in Plat Book 79, Page 50, Public Records of Palm Beach County, Florida. 4 ORD NO. 48-04 Exhibit "B" A portion of Tract "A", The Comiche Replat 1, according to the Plat thereof as recorded in Plat Book 79, Page 50, Public Records of Palm Beach County, Florida, described as follows: Beginning at the Southwest comer of said Tract "A", thence S 89° 58' 31" E, along the South line of said Tract "A", a distance of 89.43 feet; thence N 32 o 02' 19" E, a distance of 28.29 feet to a point on the North line of said Tract "A"; thence N 89° 58' 31" W along the North line of said Tract "A", a distance of 44.30 feet; thence N 28° 58' 08" W, along the north line of said Tract "A" a distance of 43.73 feet to a point on the West line of said Tract "A" and a point on the East right- of-way line of U.S. Highway No 1; thence S 32° 03' 14" W, along the West line of said Tract "A" and along the said East fight-of-way line, a distance of 73.42 feet to the point of beginning. Together With A portion of Lot 11, Block 1, Model Land Company's Map of Section 21, Township 46 South, Range 43 East, according to the Plat thereof as recorded in Plat Book 1, Page 128, Public Records of Palm Beach County, Florida, described as follows: Commencing at the Southwest comer of Tract "A", The Comiche Replat 1, according to the Plat thereof as recorded in Plat Book 79, Page 50, Public Records of Palm Beach County, Florida; thence S 89° 58' 31" E, along the South line of said Tract "A", a distance of 4.09 feet to the point of beginning; thence continue S 89° 58' 31" E along the South line of said Tract "A", a distance of 85.34 feet; thence S 32° 02' 19" W, a distance of 48.19 feet; thence N 89° 58' 31" W a distance of 29.71 feet to a point on a curve concave to the northeast having a central angle of 107° 16' 55" and a radius of 31.50 feet; thence northwest, along the arc of said curve, a distance of 58.98 feet to the point of beginning. 5 ORD NO. 48-04 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 27, 2004 AGENDA ITEM: ~v. A. ITEM: The action before the Board is that of making a recommendation on land use actions for two separate parcels that are part of land swap activity associated with the establishment of the Intracoastal Park site. The first is a City initiated small-scale Future Land Use Map Amendment from TRN (Transitional) to MD (Medium Density 5-12 du/ac) and rezoning from POD (Planned Office Development)to RM (Medium Density Residential)for 0.13 acres that is currently owned by the Delray Harbor Club. The second is also a small scale Future Land Use Map Amendment from TRN, MD and OS-C '- (Open Space - Conservation) to OS-C (Open Space - Conservation) and rezoning from POD (Planned Office Development), RM (Medium Density Residential) and CD (Conservation District) to OS (Open Space) for 4.47 acres.(Quasi-Judicial Hearing). GENERAL DATA: Owner/Applicant ......................... Delray Harbor Club & Florida Inland Navigation District/City Initiated Agent .......................................... City Initiated Location ...................................... Located on the east side of U.S. Highway No 1, approximately 650 feet south of S.E. 10th Street. Property Size .............................. 0.13 Acres (Delray Harbor Club) 4.47 (FIND Parcel) Future Land Use Map ................TRN (Transitional), MD (Medium Density 5-12 du/ac), & OS-C (Open Space - Conservation) Proposed FLUM .......................... MD and OS-C "- Current Zoning ............................ POD, RM, OS and CD Proposed Zoning ........................ RM & OS HARBOUR Adjacent Zoning ................ North: RM ~OE East: R-l-AA (Single Family) South: RM West: PC (Planned Commercial .4AINE Existing Land Use ...................... Vacant ~_RAY Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. HARBOUR.~ EDGE 'AN TREE '_LACE IV. A. The action before the Board is that of making a recommendation on land use actions for two separate parcels that are part of land swap activity associated with the establishment of the Intracoastal Park site. The first is a City initiated small-scale Future Land Use Map Amendment from TRN (Transitional) to MD (Medium Density 5- 12 du/ac) and rezoning from POD (Planned Office Development) to RM (Medium Density Residential) for 0.13 acres that is currently owned by the Delray Harbor Club. The second is also a small scale Future Land Use Map Amendment from TRN, MD and OS-C (Open Space - Conservation) to OS-C (Open Space - Conservation) and rezoning from POD (Planned Office Development), RM (Medium Density Residential) and CD (Conservation District) to OS (Open Space) for 4.47 acres. Pursuant to Section 2.2.2(E), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to the rezoning and FLUM Amendment of any property within the City. The proposed FLUM and Rezonings are associated with two different portions of properties that include land conveyed to the Delray Harbor Club to accommodate additional parking with the remainder to contain a passive conservation area, additional boat ramps, and associated parking for the Intracoastal Park. Over the past year the City has been negotiating with FIND (Florida Inland Navigation District) to obtain a 30 year lease on MSA Tract 650. This lease would allow the City to utilize the property for the construction of additional boat ramps for the public. The need for additional boat ramps is identified in the Comprehensive Plan as an unmet need in the City. During this process the adjacent residential development Delray Harbor Club expressed a desire to do some parking improvements on the adjacent property. Given the common interests in this area, the City, FIND and Delray Harbor Club have been collaborating to achieve the most efficient design. To this end a Real Property Exchange Agreement has been executed which involved land swaps between the parties. With this exchange completed future land use and zoning changes are necessary to reflect the appropriate designations to accommodate the future uses. At its meeting of September 7, 2004, the City Commission initiated the small-scale Future Land Use Map amendments and zoning changes for both portions of the Delray Harbor Club and Intracoastal Park sites. Florida Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small P & Z Board Staff Repor~ FLUM Amendment & R( .ing for Delray Harbor Club and Intracoastal Park Page 2 scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: El The amendment does not exceed 10 acres of land; El The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; El The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months; That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre except for properties that are designated in the Comprehensive Plan for urban infill, urban redevelopment, or downtown revitalization; El The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the Future Land Use Map for a site-specific small scale development activity; and, The property that is the subject of a proposed amendment is not located within an area of critical state concern. The subject properties consist of 4.60 acres. The properties are not located within a designated redevelopment area or traffic concurrency exception area. It is noted that a small scale Future Land Use Map (FLUM) amendment as defined by Florida State Statute 163.3187 has not been adopted this year. Therefore, the proposed 4.60 acre FLUM amendment does not exceed the 60 acre annual limit. The FLUM amendment for the Delray Harbor Club is from Transitional to MD. Each of these land use designations allows similar intensities of residential densities. It is noted the change from Transition to Medium Density is not to accommodate residential units at any density, but to provide over-flow parking for the existing residential uses to the north. With respect to the FIND parcel, the FLUM amendment is changing from Transitional to MD (Medium Density 5-12 du/ac) and OS-C (Open Space - Conservation) to OS-C (Open Space - Conservation). Consequently, the proposed FLUM amendment can be considered under the small scale procedures since the residential density is not being intensified (Delray Harbor Club) or is being eliminated with the FIND parcel. The property has not previously been considered for a Future Land Use Map amendment nor has the same owner's property, within 200 feet, been granted a land use change within the last year. The amendment does not involve a text change to the Comprehensive Plan and it is not located within an area of critical state concern. Given the above, the proposed FLUM amendment can be processed as a small scale amendment. P & Z Board Staff Repor' FLUM Amendment & R~ ting for Delray Harbor Club and Intracoastal Park Page 3 Land Use Analysis: Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. Both properties are currently vacant. The proposed boat ramp (FIND parcel) is a permitted use in the OS zoning district [ref. LDR Section 4.4.22(B)(1) & (C)(6)]. The OS zoning district is considered compatible with the proposed OS-C land use designation. The Delray Harbor Club property will be utilized as an entrance and parking area for the condominium located north of the property. These uses are accessory to the residential uses and are permitted in the RM zoning district. It is not anticipated that this parcel will be developed for any other purpose. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: El Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. With respect to the Intracoastal Park property, the proposed FLUM amendment is from TRN, MD and OS-C (Open Space - Conservation) to OS-C (Open Space - Conservation). Therefore, this requirement does not apply to this parcel. It is noted that the Open Space and Recreation Element, Coastal Management Element, and Conservation Element each identifies the need for additional access to the Intracoastal Waterway and more public boat ramps. With respect to the Delray Harbor Club, this parcel was acquired through a land swap with FIND and the City. This facilitated a more efficient layout for access to the boat ramp. This parcel will be utilized for cross access and additional parking. Given the changes in configuration of this parcel as a result of the land swap, the development potential is limited. The change from Transitional to MD will allow accessory residential type P & Z Board Staff Repod FLUM Amendment & R, ~ing for Delray Harbor Club and Intracoastal Park Page 4 uses, but would limit commercial potential currently allowed under the Transitional Land Use Map designation. This limiting of uses and utilization in conjunction with adjacent residential properties is appropriate given the configuration changes. El Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposed change to OS-C will provide public access to the Intracoastal Waterway and additional boat ramps which have been identified as an objective in the Coastal Management, Open Space and Recreation, and Conservation Elements of the Comprehensive Plan. The changes for the Delray Harbor Club will be consistent with the current designation as it relates to adjacent residential uses and is not inconsistent with any objectives within the Comprehensive Plan. El Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed use of the subject property is likely the most intense use of the property given the proposed FLUM and zoning designation. The boat ramp will have little impact on the adopted levels-of-service. Compliance with the Palm Beach County Traffic Performance Standards Ordinance will be addressed as part of the site plan process. There are no compatibility concerns with respect to the residential FLUM and zoning district designations proposed for the Delray Harbor Club portion of the request. El Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The OS-C FLUM and OS zoning designations allow Iow intensity uses. Pursuant to LDR Section 4.4.22(A), the OS zoning district is deemed compatible with all land use designations shown on the Future Land Use Map. Consequently, most of the subject property could currently be rezoned to the OS zoning district without the proposed FIUM amendment. The land use change is being processed to achieve a uniform land use category of OS-C across the entire parcel being utilized for the park (including parcels to the west adjacent to Federal Highway). Buffering of the proposed boat ramp site will be addressed during the site plan review process. El Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the land will occur in accordance with the City's Land Development Regulations during the site plan review process. REQUIRED FINDINGS: LDR {Chapter 3} PERFORMANCE STANDARDS: P & Z Board Staff Repot' FLUM Amendment & R, .ting for Delray Harbor Club and Intracoastal Park Page 5 Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency was previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) 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 the making of a finding of overall consistency. Section 3.2.2 {Standards for Rezoninfl Actions): Standards B and C are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The subject property is designated as "stable" on the Residential Neighborhood Categorization Map. The proposed rezonings from POD to RM for the Delray Harbor Club and from POD, RM, and CD to OS for the Intracoastal Park is appropriate given the existing development patterns and is therefore consistent with this performance standard. {D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As noted previously, the proposed OS zoning district is deemed compatible with all FLUM designation. Consequently, the uses allowed within the OS zoning district are considered compatible with the adjacent residential land uses. Any incompatibilities arising from the proposed boat ramp can be addressed via buffering to be considered during the site plan review process. There are no compatibility concerns with respect to the Delray Harbor Club parcel. P & Z Board Staff Repo~' FLUM Amendment & R, ,~ing for Delray Harbor Club and Intracoastal Park Page 6 (E) Remaining, isolated infill lots within the coastal planning area shall be developed under zoning which is identical or similar to the zoning of adjacent properties; and, the resulting development shall be of a design and intensity which is similar to the adjacent development. As noted above the proposed OS zoning district is considered compatible with the adjacent residential FLUM designations. The RM designation for the Delray Harbor Club piece is identical to the residential designations to the north and south. Section 2.4.5{D){5) (Rezonin.q Findin_cls): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reason for the proposed rezonings is "b", based on the following: The Comprehensive Plan indicates that the subject property is to be utilized as access to the Intracoastal Waterway and additional boat ramps. These policies and objective include the following: Coastal Management Element Policy B-1.5, The City shall perform the necessary studies to pursue development of FIND parcel MSA 650 as 1) an entirely passive park with picnic areas and a nature trail, with additional boat ramps at Knowles Park; or 2) a partially active park with boat ramp and parking facilities in addition to preservation areas. The completed studies should be brought to the City Commission for a decision on the final plan in time for inclusion in the FY 98/99 budget. Open Space and Recreation Element Text, Assessing recreation facilities relative to the strictest of the two applicable guidelines reveals a current deficiency only in the category of boat ramps. This deficiency will be eliminated through the development of FIND parcel MSA 650, or construction of additional boat ramps at Knowles Park. For the buildout demand, planned facility additions were added to the existing total. At buildout, deficiencies again appear only in boat ramps (5). P & Z Board Staff Repo" FLUM Amendment & R~ .aing for Delray Harbor Club and Intracoastal Park Page 7 Open Space and Recreation Element Policy B-3.1, Additional access to the Intracoastal Waterway shall be achieved through improvements made at the time of development of the FIND parcel (MSA 650). Conservation Element Policy B-1.8, FIND parcel (MSA 650) shall be developed to provide public park areas and additional access to the Intracoastal Waterway through the provision of a boat ramp and parking area. The development of these facilities shall maximize retention of the existing native plant communities. The proposed zoning change to OS will allow the proposed development of the subject property accordingly. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. A City initiated site plan application has not been submitted. However, compliance with the Land Development Regulations will be addressed during the site plan review process. The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board. Courtesy Notices: Courtesy notices have been provided to the following civic and homeowners associations: · Presidents Council · PROD Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The proposed FLUM amendment and Zoning Map change is necessary to develop the subject property in accordance with direction outlined in the Comprehensive Plan as a park with boat ramps. The FLUM and Zoning Map change for the Delray Harbor Club is a result of land swaps that occurred to accommodate access and additional parking for P & Z Board Staff Rep(' FLUM Amendment & R. ,ning for Delray Harbor Club and Intracoastal Park Page 8 the Delray Harbor Club along with enhanced access to the boat ramps. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings) and 3.2.2 (Standards for Rezoning Actions). Therefore, the proposed FLUM amendment and related zoning changes are recommended for approval based on the findings outlined in this report. A. Continue with direction. B. Move a recommendation of approval to the City Commission for the City initiated request for a small scale FLUM Amendment from TRN (Transitional) to MD (Medium Density 5-12 du/ac) and rezoning from POD (Planned Office Development) to RM (Medium Density Residential) for land with a total acreage of 0.13 acres that have been conveyed to the Delray Harbor Club. Further, move approval of a small scale Future Land Use Map Amendment from TRN, MD and OS-C (Open Space - Conservation) to OS-C (Open Space - Conservation) and rezoning from POD (Planned Office Development), RM (Medium Density Residential) and CD (Conservation District) to OS (Open Space) for land with a total acreage of 4.47 acres to accommodate the Intracoastal Park, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the City initiated request for a small scale FLUM Amendment from TRN (Transitional) to MD (Medium Density 5-12 du/ac) and rezoning from POD (Planned Office Development) to RM (Medium Density Residential) for land with a total acreage of 0.13 acres that have been conveyed to the Delray Harbor Club. Further move denial of a small scale Future Land Use Map Amendment from TRN, MD and OS-C (Open Space - Conservation) to OS-C (Open Space - Conservation) and rezoning from POD (Planned Office Development), RM (Medium Density Residential) and CD (Conservation District) to OS (Open Space) for land with a total acreage of 4.47 acres to accommodate the Intracoastal Park, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Recommend approval to the City Commission for the City initiated request for a small scale FLUM Amendment from TRN (Transitional) to MD (Medium Density 5-12 du/ac) and rezoning from POD (Planned Office Development) to RM (Medium Density Residential) for land with a total acreage of 0.13 acres that have been conveyed to the Delray Harbor Club. Further, recommend approval of a small scale Future Land Use Map Amendment from TRN, MD and OS-C (Open Space - Conservation) to OS-C P & Z Board Staff Repe' FLUM Amendment & R..ning for Delray Harbor Club and Intracoastal Park Page 9 (Open Space - Conservation) and rezoning from POD (Planned Office Development), RM (Medium Density Residential) and CD (Conservation District) to OS (Open Space) for land with a total acreage of 4.47 acres to accommodate the Intracoastal Park, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteda set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: El Future Land Use Map El Zoning Map Prepared by: Scott Pape, Senior Planner - I < ' ~ 5~ A~. ~ ~ S.E. lOTH ST. ~ ~ ~ FLORANDA ~ I ~ , 11tl / ~ / HARBOURS A~ LIN ION BOULEVARD N DELRAY HARBOR CLUB ~ REZONING FROM: PO{) (PR0~SSIONAL OFFICE DIS;IR'lc'r) TO: RM (MEDIUM DENSITY RESIDENTIAL) CITY OF' DEl_RAY BEACH. FL F.L.U.M. FROM: TRN t'TRAN~TIO~AL't ' PLANNING & ZONING DEPAR1MENT TO:MD (MEDIUM DENSITY RESIDENTIAL 5-12' UNITS PER ACRE') MAP REF: LM767 -- ,OI~IT,,41. B4SE ~ SY~TEI, I --- : " ~ ~a~ ~ " b. ' BANK Of ! ,% ^Z~L£^ RD. / ~: - ~ ~KL ~ .:~ ~ I - . 10TH ST. ~ ~s~ ,~ ~ ~ - ~,- II / I ~' ~ ~ DR. - . / ~ / BANYAN TREE z / ~ANYAN / ~ / HARBOURS I 0 I _ EDGE /~.~/ ow ~ou~ LIN TON BOULEVARD // . I N INT~COASTAL PARK [.gu.M. ~:~ (~~). ~ (~M ~IY O~ ~ ~AY ~. FL ~ ~-C (~N ~A~--~VA~) __ ~ ~ ~ ~.__ ~ ~: LM767 [IT¥ OF DELRI:I¥ BEREH CITY ATTORNEY'S OFFICE ~oo.w TELEPHONE 561/243-7090. FACSIMILE 561/278-4755 pEfl~ B~Afi~ WdteCs Direct Line: 561/24~7091 ~~ MEMORANDUM ~2m~ DATE: September28, 2004 TO: City Commission David Harden, City Manager FROM: Susan A. Ruby, City A~orney SUBJECT: Ordinance Increasing General Employees Pension Plan Contributions by One-Half of One Percent The attached ordinance increases the amount that City Employees contribute to the General Employees Pension Plan by one-half of one percent. Please place the ordinance on the City Commission agenda for October 5, 2004 for first reading. Attachment Cc: Chevelle Nubin, Acting City Clerk Harry Hamilton, Director of Human Resources Joe Safford, Finance Director Department Heads ORDINANCE NO 61-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSECTION (A), "PARTICIPANTS CONTRIBUTATION ACCOUNT", BY AMENDING SUBSECTION (A)(2), "PARTICIPANT CONTRIBUTIONS", TO PROVIDE FOR AN INCREASED EMPLOYEE CONTRIBUTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City has a duty to make sure the "City of Delray Beach Employees Retirement Plan is actuarially sound; and WHEREAS, the CiD· has contributed 8.07% of payroll for Fiscal Year 2003 and is required to contribute 9.10% of payroll in fiscal year 2004 in order to make sure the pension plan is actuarially sound; and WHEREAS, it is the determination of the City that it is necessat3, to increase the employee contribution by one-half of one percent (0.5%) in order to make sure that the plan is actuarially sound. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Title 3, "Administration", Chapter 35, "Employees Policies and Benefits", subsection 35.095, "Contributions of Participant and City", subsection (A), "Participants Contribution Account", subsection (A)(2), "Participants' Contribution", to read as follows: Sec. 35.095. CONTRIBUTIONS OF PARTICIPANT AND CITY. (A) Participant's Contribution Account. (1) [Fax-Deferred Contdbutions.] For the purpose of this Section "Participant's Contribution Account" will consist of tax deferred participant contributions. Effective the first pay period beginning on or after October 1, 1989, employee contributions will be picked up by the City and shall be treated as employer contributions for tax purposes. However, for all purposes of determining benefits under the plan, they, will be considered participant contributions. (2) [Partidpants~ Contributions.] Each participant will contribute toward the cost of the plan an amount equal to three (3) percent of the first four thousand eight hundred dollars ($4,800.00) of his basic annual compensation, and six (6) percent of basic annual compensation in excess of four thousand eight hundred dollars ($4,800.00) until the beginning of the first pay period after September 25, 1984. Beginning with the first pay period after September 25, 1984, each participant will contribute toward the cost of the plan an amount equal to six (6) percent of basic compensation. Effective as of the first pay period beginning on or after October 1, 1989, participant contributions will be equal to four and one-half (4 1/2) percent of basic compensation on a tax-deferred basis. Beginning with the first pay period after September 1, 1999, participants shall not be required to contribute to the plan, except those participants described in paragraph (4) of this Section. Beginning with the first pay period after September 30, 2003, participants who are not included in the bargaining unit specified in paragraph (4) shall contribute two (2) percent of basic compensation. Beginning with the first pay period after November 1, 2004, participants who are not included in the bar~aaining unit specified in Paragraph (4.) shall contribute two and one-half percent (2.5%) of basic compensation. (3) (Total Benefits Payable.] Anything in the plan to the contrary notwithstanding, the total benefits payable under the plan to, or with respect to, a participant shall not be less than the benefits that can be provided by the participant's contributions, and further provided, if a participant, who is terminated, elects to withdraw participant contributions, the participant will be entitled to the return of participant contributions with interest, in lieu of all other benefits payable under the plan. Effective September 1, 1999, if a participant has ten (10) or more years of credited service under the plan a noncompounded simple interest rate of five (5) percent per year shall be applied to the principal balance of the participant's contribution as accrued on December 31 of each year. Effective September 1, 1999, if a participant has less than ten (10) years of credited service under the plan a noncompounded simple interest rate of three (3) percent shall be applied to the principal balance of the participant's contribution as accrued on December 31 of each year. Participant contributions cannot be withdrawn while a participant remains in the employ of the City or after the payment of benefits under the plan has commenced. (4) ~tpplicabili!y to Bargaining Unit Employees. Participants who are members of the bargaining unit represented by the National Conference of Firemen and Oilers shall not be required to contribute to the plan unless a written actuarial valuation indicates that contributions are required to properly fund the plan in an actuarially sound manner. If an actuary selected by the Retirement Committee determines that additional contributions are required to properly fund the plan, the City and bargaining unit members shall equally share such contributions on a percentage of 2 ORD NO 61-04 payroll basis; provided that no member shall be required to contribute mote than four and one-half (4 1/2), percent of basic compensation unless the City and union agree to a greater participant contribution. 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 validit37 of the remainder hereof as a whole or part thereof other than the part dedaxed to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith, be and the same axe hereby repealed. Section 4. 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 ~ day of ., 2004. MAYOR AT-FEST: ACTING CITY CLERK First Reading Second Reading 3 ORD NO 61-04