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02-02-93 Workshop . .;'fL_1i -' ~-i- ~ J 1::/ ¡:' CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION WORKSHOP MEETING - FEBRUARY 2, 1993 - 6:00 P.M. FIRST FLOOR CONFERENCE ROOM ~~ AGENDA Gr 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 or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide nor prepare such record. . /' +~~... ¥¡ l1Í) Proposed Agreement with Delray Summit, Inc./Lowry Street Parking. ~ ~. Request for financial support from Boys & Girls Clubs of Palm Beach County, Inc. (a) $100,000 grant allocation by April 2, 1993. CN I~L ifL,f-rcl _ C f2 A 'S; t....u. ~. Jlu. ' ~) Inclusion in City's budget of mini~um 5-year commitme~t ~~ ~ . of $85,000/year for the Club' s operat~ng budget. Su-p (Jd-" o! v!= ~/' Request from the Chamber of COffi!llercÇ. relative to - Holiday . ~ights/Atlantic Avenue. .3 me-") ..Ç.I1J;A~!.t~;;:r~- ðA-h""t a//cú..A-. ~Donation to the Drug Abuse Foundation. oK.... ¿ Goif Course Clubhouse Proposal. ~1' dt~~ q ¡;-,'1 .' ( ;. ";.¥ ./ - 0 '( '('Ó t\ ., t "~)J ~) Proposed outline for accepting private road and/or drainage . systems from Homeowners Associations. ~. Proposed Bills (PSC, Sundstrom, DER) relating to water,~ wastewater and reclaimed water utilities, and reuse requirements. · ~ Discussion regarding potential revisions to the Civil Ser~ice ~:~S-~ionC:onunen~:'.C . }. r*i~l~ ~';i~u", " 4Y' b~U6+- m - /., / I [' CJ f1 .fpftu... 1. C.C"t'j';¿~, *¥ 9 ¡;[;~¿?' ,;0.1,,- /:.-L _' ,; r"-".,' (/';'.1 . ~ ., - - I ,,-.----, _.'~--'l_.'<"" /: "'-j" /- " "". ..' . '" " .._ ~:~ e:-l¡ " J/sf- íj' 1 ;) ! Ó (Ii l,ôre.; u....... ~ " ,0' \.-. . . [ AJ ·'1 L .~ l í 1 [IT' DF DELIA' BEA[H 100 N.W. 1st AVENUE . DEU,AY BEACH, FLORIDA 33444 . 407/243·7000 MEMORANDUM TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager SUBJECT: CITY COMMISSION WORKSHOP - 02/02/93 PROPOSED AGREEMENT WITH DELRAY SUMMIT, INC./ LOWRY STREET PARKING DATE: January 27, 1993 ITEM FOR DISCUSSION City Commission is requested to review a draft agreement with the Delray Summit, Inc. concerning parking on Lowry Street and provide staff direction. BACKGROUND At a regular City Commission meeting on 12/1/92, City Commission considered a request from Ms. Esther McCrae to eliminate the paved public parking on the north side of Lowry Street. Petitions were received from other property owners in support of this request. Commission requested that representatives of the Summit, Inc. and of the petitioner meet and try to come up with a compromise solution. Staff was directed to attend these meetings to assist in this process and to oversee the City's interests. After a considerable amount of time and effort by all parties, a draft agreement was prepared (see attached) that was agreeable to the representatives of the Summit. However, in my review of this draft agreement with you and the Planning Director, two concerns/objection have been noted. They are as follows: Paragraph 8 - Object to paYment at depreciated value for the parking spaces eliminated on the north side of Lowry Street (9 spaces). THE EFFORT ALWAYS MATTERS l ,) . COMMISSION WORKSHOP ITEM :I Page 2 Paragraph 9 - Concern and objection to allowing the Summit to utilize the grassed swale area, to be constructed on the north side, for parking on an as needed basis. The concern expressed is that of contracting away our right to restrict parking in a grassed swale area. I have reviewed these objections with the attorney representing the Summit. He has indicated that his clients might be willing to forego the payment but could not accept the elimination of Paragraph 9. They feel their need is such that, from time to time, this area might be needed. Representatives for the petitioner have voiced some concern about Paragraph 9 as it relates to recourse for the petitioners, should parking in the grassed swale be abused. OPTION The City's Traffic Engineer, at the request of the City Attorney and myself, reviewed the need for parking on Lowry Street for the Summit and looked at the feasibility of adding parking spaces to the south right-of-way and/or the Summit property. The Traffic Engineer conducted a random observation of parking use on Lowry Street. Based on his review he has concluded that there is not a regular need for parking on the north side of Lowry Street. Survey results are as follows: NUMBER OF PARKED CARS DATE TIME NOR'l'H SIDE SOUTH SIDE TOTALS 12/10/92 2:35 P.M. 2 2 4 12/11/92 8:20 A.M. 2 4 6 12/17/92 10:00 P.M. 2 4 6 12/29/92 11:30 A.M. Ù 5 5 1/06/93 5:30 A.lvi. 2 4 6 1/07/93 8: 15 A.lItl. 2 7 9 At no time were commercial t.ype vehicles observed using the Lowry Street parking spaces. All but four of the total cars observed were Florida registered. Observations of where the vehicle occupants went, and discussions with a building representative, indicate that the Lowry Street spaces are used by residents of Summit Condominiums and their guests. As also stated? the Traffic Engineer reviewed the feasibility of adding spaces to the South right-of-way and/or the Summit property. . COMMISSION WORKSHOP ITEM # Page 3 A field visit indicated that areas exist for the creation of additional parking spaces. These spaces could be located both on-site and on the south side of Lowry Street. These include those which would be created by restriping current parking areas and those requiring new construction. These alternatives are shown on the attached sketch. 1. Restripe Lowry street (south side) spaces to increase one space. 2. Create (stripe) a new space adjacent to the loading/service drive. 3A. Create (stripe) six spaces on the circular driveway. 3B. Create (construct) two spaces to the north west of the building accessed off the circular driveway. 4. Create (construct) one perpendicular on-street space between those currently existing and the driveway. 5. Create (construct) one parallel on-street space between the circular driveways. If all possible alternatives shown above were created, this would result in either 10 spaces (:11, 2, 3A, 4, & 5) or 6 spaces (:11, 2, 3B, 4, & 5). Representatives of the Summit have expressed an objection and reservations about some of these on-site parking options and their feasibility. I am, therefore, recommending an alternative for consideration. - Eliminate the depreciated payment for the parking spaces on the north side. - Add a paragraph which would require the City to construct/provide spaces on the south side as follows: - Construct one space east of existing paved area in south right-of-way. - Widen and restripe existing paved area to add one space. - Construct space west of the existing paved area in the south right-of-way. - Stripe in one space by service entrance. This option is presented for consideration. RAB:kwg , \U.'2J Q N ~ l...\M~m ~ ~~<r.)'t.!.l~, . .. .', $ r ~ . . , \ . . \ ~. . \ . \ ............. . .. . . t. , . . .. #., .. ... / J.. Q _ A ... , i ~ ' c rJ ~. :G t... .J 'i\ 3 .' ... ...... <-..-... ~ 0 ~ ~ .¡. J£ J ~ . - LAw OFFICES BECKER & POLIAKOFF, P.A. BOCA RATON CLEARWATER FORT MYERS HOllYWOOD MELBOURNE MIAMI NAPlES ORLANDO ST, PETERSBURG SARASOTA TALLAHASSEE TAMPA WEST PA1.Jo\ BEACH GARY A. POUAKOFJ' REFLECTIONS BUILDING ADJI\II'!ISTRATIVE OFFlCl!!l Bœ.x..Ig¡ AU\N S. BECKER 450 AUSTRAUAN AVENUE SoUTH E.ooEIwD LAKE CORI'ORATE p_ ROBERT J. "'AI'lNE 7TH FLOOR 3111 STlRUrOG RON> Vest Pal. leach AU\N E. T AI'II'IENIWJM WEST PAL1<\ BEACH, FL 33401-5034 FORT lAuoERDA1£, Fl33312-652.5 AI'\THOI'tY A. KAWCHE FORT lAooERoALE (305) 987-7550 Di rect Li ne: DA"'EL s. ROSEI'lBAUI'\ PAL1<\ BEACH (407) 655-5444 FLORIDA TOlL FREE (800) 432-7712 (407) 820-2872 SHAROI'I A. WEBER BROWARD (305) 421-1477 GARV c. ROSEN MARTIN (407)546-6700 AllEN M. LEvlI'IE FLORIDA TOLL FREE (800) 462- 7783 lEE H. BuR(¡ FACSIMILE (407) 832-8987 ROBERT L T AI'IKEL CHARLES N. TETUI'IIC STEVEN B. lEssER January 21, 1993 RICHARD H. BREIT MAR1lI'1 I. JAFFE MICHElE G. MILES HERBERT O. BROCK, JR. CHAD M. MCCLENATHEN DM/'" H. ROGEL EllEN G, HIRSCH DEI'II'IIS A. HAAS VIA FACSIMILE - 278-4755 JOSEPH E. ADAMS KEITH F. BACKER Jeffery Kurtz, Esquire NANCY E. BARSIfŒR Dol'Il'lA D. BERaER City of Delray Beach Awsol'l K. BETHEL JOEL B. BI.1J.OI8ER(J 100 N.W. 1st Avenue MICHAEL J. BRUDI'tY Delray Beach, FL 33444 KATHlEEI'\ M. BuR<JEI'IER C. JOHI'I CHRISTENSEN THEDA J. COWI'IS City J,o,M£S R. DEFURIO RE: Agreement Between of Delray Beach and Delray ROSA M. DE LA CAI'IARA SUmait, Inc. KENI'IETH s. DIREKTOR JEN"'FER BAlES DRAKE CHRIS AU\N DRAPER DARlI'I S. Er«JElJiARDT Dear Mr. Kurtz: STEVEN M. F AU< 51.'\01'\ FERRO HAROlD E, KAPI..AI'I Enclosed please find a copy of the proposed Agreement DORm A M. KI'tOERR H. PAUl KORONES between the City of Delray Beach and Delray Summit, Inc. MELOI'IIEI.KucHAR HECTOR E. LORA regarding the parking on Lowry street into which have been GRACE N. MAI'lNE incorporated the modifications proposed by the city. The EVELVI'I M. MERCHANT PETER C. MOI.lENGARDEN Board of Directors of Delray Summit, Inc. has tentatively AlBERTO N. MORIs BEl'll'lm L RABlI'I approved this form of the Agreement. DAVID H. REIMER UI'lDA BROOKS ROBINSOI'I ROBERT RUBINSTEIN I am requesting a letter from you stating that in HE....NIO SAI'I ROMAN JILL R. SCHWARTZ your legal opinion the Agreement is binding between the EuZAIIETH L TRUNDI£ PAUL L WEAN City and Delray Summit, Inc. such that the city will not MICHAEL R. WHIIT entertain or grant any petition attempting to interfere or LVI'IN SIMPSOI'I WOODS MICHAEL X. ZHAI'IG abrogate the rights of Delray Summit, Inc. under such ANI'IE E. ZIMET OF coaNSEL Agreement provided, of course, that Delray Summit, Inc. is BERNIE FRIEDMAN not in breach of any of its obligations under the KAV LATONA CAROL V PEDERSEN Agreement at such time. GEORGE WElNIWJM I would appreciate if you could fax me such letter prior to the City Commission Meeting scheduled for the evening of January 26, 1993 at which time the Agreement may be presented to the Commission with respect to the current petition pending regarding the parking on the north side of Lowry Street. In addition, please be advised that the City has presented the petitioners with the proposed Agreement but it is our understanding the petitioners have not yet responded whether or not the Agreement is acceptable. Such response is needed immediately in order to have time to prepare for the . Jeffery Kurtz, Esquire City of Delray Beach January 21, 1993 Page 2 January 26 Commission Meeting in the event the petitioners do not accept the Agreement. Thank you for your consideration. PCM/ta cc: Mayor Thomas Lynch (Without Enclosures) Mr. Robert Barcinski (with Enclosures) Board of Directors, Delray summit, Inc. (With Enclosures) . AGREEMENT THIS AGREEMENT is made this day of , 1993, between The City of Delray Beach, Florida, a Florida municipal corporation (the "city"), and Delray Summit, Inc., a Florida not-for-profit corporation (the "Summit"). WHEREAS, the City and the Summit entered into an Agreement dated September 17, 1985 regarding public parking on Lowry Street (the "Prior Agreement"); and WHEREAS, the Prior Agreement stated that the City determined a need exists for additional public parking on Lowry Street; and WHEREAS, the City has determined a need no longer exists for public parking on Lowry Street; and WHEREAS, it is recognized, however, that a need exists for visitor parking for the Summit, and the city and the Summit desire to meet this need. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the receipt and sUfficiency of which the parties do hereby acknowledge, the parties agree as follows: 1. All of the above recitals are hereby incorporated by reference as if set forth in full herein. 2. The pavement of the nine (9) parallel parking spaces located on the north side of Lowry Street across from the Summit (as more particularly shown on the sketch of the site attached as Exhibit "A" hereto) shall be removed and such area shall be re- landscaped by the City at the city's expense. 3. The city shall not perform any work under this Agreement during the "season", which is defined for purposes of this Agreement as November 1st through April 30th. Such work must be completed within a reasonable period of time subsequent to the commencement thereof. 4. The south side parking spaces shall be designated for the exclusive use of the Summit's owners, residents and their guests, visitors and invitees. Such designation shall not be changed without the written consent of the Summit. 5. The City shall reimburse the Summit $ as payment for the costs incurred by the Summit in engineering, constructing and maintaining the north side parking spaces pursuant to the Prior Agreement. Such funds shall be payable prior to the commencement of any work to remove the paving of such area. No work may be commenced under this Agreement with respect to the north side parking area until such sum is paid. , - 6. The obligation to maintain the parking on the south side of Lowry street shall be solely the obligation of the Summit. If after thirty (30) days written notice the Summit fails to undertake required repairs or maintenance (as determined by the City) of the subject parking area, the City may have the work done and charge all costs to the Summit and may lien the property owned by the Summit if not timely paid. Attached hereto as Exhibit "B" is a description of the property comprising the Delray Summit Condominium. 7 . To the extent permitted by law, the Summit agrees to hold harmless, save, defend and indemnify the City of Delray Beach, its agents, employees, and officials from all claims, suits and actions of any nature arising from the use of the south side parking by the Summit, its members or persons providing services to its members. However, this paragraph shall not be applicable to suits by adjacent property owners contesting the rights of the City or the Summit to provide public or private parking on the right-of-way of Lowry Street. The city shall be responsible for all costs, expenses and damages which it may incur as a result of such suits. 8. As of the date of this Agreement, there are no water, sewer and/or drainage improvement plans for Lowry Street. Should any such plans be developed prior to the removal of the pavement on the north side of Lowry Street and subsequent landscaping, implementation of such plans will be completed in conjunction wìth the landscaping work. Nothing in this paragraph shall be construed as requiring the City to develop any plans for water, sewer and/ or drainage improvements on Lowry Street. Final approval of all designs, including landscaping, is at the sole discretion of the City. 9. city codes regarding parking on the improved (landscaped) right-of-way on the north side of Lowry Street, landscape maintenance, and any other access easements shall apply; provided, however, parking vehicles in such area shall not be prohibited or restricted unless the Summit breaches its obligations under this paragraph as determined by the City Commission. The Summit, and the owners and residents of the units in the Summit, shall make good faith efforts to instruct their employees, guests, visitors and any company, person or entity providing any service to the Summit or any unit to utilize the parking on the south side of Lowry Street (as indicated on the sketch attached hereto as Exhibit "A"), if possible, before using the north side parking area. The Summit and its residents and unit owners shall also make a good faith effort not to utilize the north side parking spaces unless the south side is full or otherwise unavailable for use. Landscape maintenance of such area per code is the responsibility of the adjoining property owner. 2 . . - . 10. The term of this Agreement shall be ten (10) years renewable for additional successive ten (10) year terms upon the consent of the parties or their successors and assigns. The terms hereof may not be modified except by the written consent of the City and the Summit or their successors and assigns. Each party agrees that this Agreement is binding upon such party and their successors and assigns and shall not be modified or terminated except as provided by the terms hereof. 11. In the event of any dispute between the parties related in any manner to this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including all attorneys' fees incurred before and after the filing of any legal action or administrative complaint, from the other party. Such right of recovery shall include all appellate proceedings. 12. The City warrants this Agreement shall be enforceable against any petition or legal action brought by any party to alter or terminate the parking rights on Lowry Street set forth in this Agreement. 13. In the event any of the terms or provisions of this Agreement are deemed invalid or unenforceable for any reason, the remaining terms and provisions shall not be affected and shall remain in full force and effect IN WITNESS WHEREOF, the parties hereto executed this Agreement as of the date set forth hereinabove. Attest: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Thomas E. Lynch, Mayor DELRAY SUMMIT, INC. By: Secretary , President 3 . . , .::¡ li';~ ' ,,-~. ^ /'.(, . . ' ~ . ~ í ~y~ .'--. . /~ ^ . 0::Ij~ C " :Jot' 3a¡ lord V ~ BOYS & GIRLS CLUBS OF PALM BEACH COUNTY, INC. c¡¡çmak~~~~~~ OFRCERS ~:~:~ké January 13, 1993 i=::::C::: ' ___,.. President t:: t:: I V t: Ù William K. Caler President·Elect JI AN John Herring Mr David Harden ,.. , 4 19917 Vice Presidents . oJ Sharon MartinelH City Manager C Joseph A. Vassallo . /Ty MAN Secretary c~ ty of Delray Beach AGfR'S OFF/C MaryK.lohr 100 N. W. First Avenue f BOARDOFDI~ECTORS Delray Beach FL 33444 Sandra Abouzeid ' Douglas Barto Joseph Bilancio . d Edward Boyd Dear Dav~ : Dorothy Bradshaw Virginia Buckley JohnL.Bums On behalf of the Boys & Girls Club, I want to thank you for ~:g:~~lahan including us in last week's City Council Workshop. Although W~~~~~ our initial request to use billboards as a fundraising tool JDuancL'CoCcu~ ham did not meet with a consensus, we are encouraged by the City lana unnmg . .. . F,MaIcolmCunningham Counc~l' s support and the~r prom~se to move forward ~n Lon Danielson . 1 d' 'th 't I b d t MarcdeBaptiste ~nc u ~ng us ~n e C~ y s u ge . Mrs. Sam C, Digges Martin A. Dytrycn ., ,. , WilliamA.FrarM The Boys & G~rls Club ~s a not-for-prof~t organ~zat~on Rep, Lois Frankel . DonGoddeau formed over 100 years ago that currently has 1, 500 locat~ons ~rs·JH~dfo~Greer throughout the country which specialize in offering a club ~:~~);,"t.James for children to participate ~n many supervised activ~ties. JuI~Kime Generally, these are the ch~ldren who would otherw~se go f:~:J.Leopold home after school to an empty home. Since the Boys & Girls ~~~~~~:~q Club of Palm Beach County agreed to expand its services to P~tMurphy include Delray Beach, we have received overwhelming support MIChael Noto " Jaf.1Owen from many commun~ ty leaders. A Un~ t Board has been formed ~M::~~~: which has the involvement of many area residents. There are UIHanElaineRieur several noteworthy alumni of the Club including President- Col. John E. Roberts, Jr. 1 t l' t 11 1 1, d· . d 1 1· k . Hen~P. Ruffolo e ec C ~n on as we as oca ~n ~ v~ ua s ~ e Ma] or RobertShaw . h d L· 1 Mrs. Mac Siegel R~c ar ~nco n. Mrs. Theodore T arone Mrs. Nancy Thomas. .. Peter Van Beuren It l.S a well-known fact that ch~ld-related servl.ces need to ~~:~:r be expanded in the city. Everyone realizes that a Boys & Ma~orCra':8.Williams Girls Club located in Delray Beach can Provide services to loUtS L. Williams T. M. Youchak hundreds of children who presently do not have a place to go OIRECTORSFORUFE after school or at times when the schools are not open. The ~~~~~:r City's after school program can only handle a portion of the 'R.W. Danischefsky need 'Bartdey S. Henderson . Robert P. Levinson :a~~~~:eSr. The City has made several investments in the community that :r:~~~r need to be made safe from juvenile vandalism without the Mrs. LawrenceS. Warren cost of adding additional police. There were over 1,900 Elmer C. Warshaw Mrs. Charles R. Weber 'Col. Alfred M. Worden Executive Director Ma~ T. O'Connor 'Past President YMJeJt út, the Ftute 0/ Olá ~ ADMINISTRATIVE OFFICE - 2247 PALM BEACH LAKES BLVD.. SUITE 212 ~ ~ ~ WEST PALM BEACH, FL 33409 - 407-683-3287 ~ - ~ WEST PALM BEACH FACILITY - 407-683-3392 WELLINGTON FACILITY - 407-790-0343 A United BOYS It GIRLS CLUBB RIVIERA BEACH FACILITY - 407-842-5234 Way Agency or AlBlUCA ( ,;¿) . . juvenile-related crimes/incidents in the City over the past four years (see attached). By contrast, the City of North Lauderdale determined that a Boys & Girls Club was needed in their city. within three years of that club opening, crime among juveniles decreased by ill· By applying these statistics to Delray Beach, the cost savings that can be achieved in addressing juvenile crime and related problems is substantial. The community service center planned for Carver Middle School combined with a Boys & Girls Club at the Catherine Strong Center will make for a full complement of services in an area where the City needs to make a positive statement. Our present schedule is to have the Club open by the time the schools break for the summer. This would require that the Club open on or about May 1st of this year. In order to facilitate this date, we need the City's financial support and ask that a grant of $100,000 be allocated to the Club by April 2, 1993. Additionally, we request that the city include in their upcoming budget a minimum five-year commitment to the South County Boys & Girls Club of $85,000 per year to go towards the operating budget of the Club. Our volunteer board members will continue to work hard in identifying other creative fundraising avenues. However, we need the City's support to move ahead. with the City's support and the support of the community and other charitable fundraising organizations, the desperately needed services provided by the Boys & Girls Club can be made available to the youth of Delray Beach when schools close for summer break and leading into the new school year. We appreciate your support thus far and look forward to seeing this project through with you and the City Commission. S;Z¿Y7? -~ '¿: . Marc de aptiste Corporate Board Member MdB:kob cc: Mayor Thomas E. Lynch Jay Alperin, City Commissioner Ken Ellingsworth, City commissioner Armand Mouw, City Commissioner David Randolph, City commissioner Mary O'Connor, Executive Director . ... . - - Subject: JUVENILE STATISTICS -----~-----------------------------------~-----~---------------------- -----------~-----------~---------------------------------------------- The below listed information was compiled from historical data covering the calendar period January 1989 through June 30 ~992. Arr..ts 1989 1990 1991 1992 Male/Female Male/Fema'e Male/Female Ma 1 e/~'ema 1 e Homicide 2 0 2 Sex Offense 4- 1 1 1 2 0 , 0 10 Robbery 7 0 7 1 11 0 26 Agg.Asa&u1t 16 2 1 1 4 12 4- ~ .2 55 .., Burglary 10 1 27 1 29 1 13 0 92 Larceny 47 8 57 e ð4 25 28 12 235 M/V Theft 51 2 18 3 22 1 3 2 102 Simp. Assault 7 1 11 2 8 2 1 0 32 Drugs/Narc. 52 0 32 2 14 2 S 0 110 Fraud/embez. ~ 1 2 1 1 0 8 OJ Vanda 1; am 7 4 1 0 6 0 18 Gambling 2 0 1 0 3 Weapons Viol. 7 2 9 0 10 1 1 , 31 L ; C uo r V; 0' . 7 1 4 3 4 0 2 0 2' Miscellaneous 90 8 45 4 72 3 37 10 269 ----------~-------~----~--------~---------------~--------------------- Total 306 30 225 27 254 40 108 27 1016 ===========::==================:===============================z====== Victimization 1989 1990 1991 1992 Male/Female Ma1e/Fema1e Ma1e/Female Male/Female Homicide , 1 Sex Offense 1 18 1 17 3 17 5.5 Robbery 18 2 9 4 8 2 41 Agg.Assau1t 30 14 37 28 41 41 1 e 1 Burglary 4 7 8 12 4- e 41 Larceny 51 20 75 36 59 30 27i Y./V Theft 3 , 4. 3 4 , 16 Simp. Assault 31 51 5' 42 38 49 272 Kidnap/Abduc. 0 3 ~ 2 2 2 10 , ~----------------~-----~-------------------------------------~-------- Tot.al 138 125 186 144 159 148 888 ------------------------------------------~--------------------------- -----------~----------------~--------------------------------~-------~ .." . / /\' . . ¡" /1 '~ I L.- L 0 [IT' DF DELIA' BEA[H 100 N.W. 1st AVENUE . DELRA Y BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: David T. Harden, City Manager FROM: e.tp Robert A. Barcinski, Assistant City Manager SUBJECT: CITY COMMISSION WORKSHOP - 2/2/93 CHAMBER OF COMMERCE REQUEST - HOLIDAY LIGHTS DATE: January 26, 1993 ITEM FOR DISCUSSION Consider and discuss ·the Chamber of Commerce's request to keep the holiday lights on Atlantic Avenue up all year round. BACKGROUND We have received a request from the Chamber of Commerce to leave the holiday lights up on the light poles all year round. This request is from the merchants who feel this would provide additional lighting. The costs associated with leaving the lights up year round include the following: Item Approximate Cost Electricity $ 120.00 per month Bulb Replacement 50.00 per month Light Strand Replacement 418.60 quarterly (approximately 30 strands/per month) Labor Cost To Maintain (2 men tvlice a week) 1,350.00 per month $ 1,659.53 per month Total Annual Cost (1,659.53 x 12) $19,914.36 per year Cost estimates are based on our experience during the month of December. THE EFFORT ALWAYS MATTERS (3) . · COMMISSION WORKSHOP ITEM :I Page 2 Labor costs may be adjusted by limiting the frequency that the lights are checked and repaired, for example, once or twice per month. Due to vandalism we had to replace all 92 light sets during the holiday and it required two men (two times a week) (a total of 50 man hours) to maintain the lights. Although labor costs are not a cash outlay, it is a drain on time that could be used for other projects. Based on our costs and experience during the holiday season it appears that leaving the lights up year round may be too costly. RAB: kwg , ReCeiVe.D ~ DEC 2 ß \992 GREArER ; December 22, 1992 DELRAY'BEACH CITY MAÑAGt~'S OFfICE Chamber of Commerce Mr. Dave Harden City Manager 100 NW 1st Avenue Delray Beach, FL 33444 Dear Dave: I have had several inquiries from Atlantic Avenue merchants as to how we might keep the Holiday lights up on the Avenue. One of the concerns we hear from merchants when we discuss remaining open in the evening is that there is insufficient lighting for people to comfortably stroll the Avenue. There seems to be a perception, if not fact, that the lights on the poles provide enough additional light and security to improve that "comfort" 1 e 'Ie 1 . Not only is their an increased sense of sa fety, but also unanimous agreement that the lights improve the look and fee 1 of the Avenue as an inviting place to be. Dave, I hope these are reasons enough to at least explore the possibility of leaving the lights up and running. I have no idea what the upkeep for the lights would be, or the cost of the electricity, however, I feel certain that we could find some way to cover the city's costs. Sincerely, -~ ì 12 vC~' tH liam J. Wood President cc: Chris Brown, Jim Stahl, Kevin Eagen RILJ.\LLTT[RS\LICIITSur 64 SOUTHEAST FIFTH AVENUE . DEU</\Y ëtí-\Ch. f:,-C: 407/278-0L124 . FAX 407 /278-0555 . Memo CITY O~ OElRAY BEAC¡JJ' ~ (3 TO: DATE: 01-07-93 FROM: SUBJ: Cost of Holid Lighting Along Atlantic Avenue~- Electricity As there is no electric meter specifically for the holiday lights on Atlantic Avenue, we can only pro- vide an estimate on the additional cost on the City's electric bill to light the holiday lights along Atlantic Avenue. The November bills totalled $789.01 and the December bills totalled $901.64 or a difference of $112.63 per month to light the holiday lights along Atlantic Avenue. Isam , · MEMORANDUM TO: David T. Harden City Manager ~ FROM: William H. Greenwood ~ Director of Environmental Services SUBJECT: HOLIDAY LIGHTING DATE: January 8, 1993 Your memo dated December 28, 1992 was received in this office on January 6, 1993. This office cannot explain the delay in receipt from the day sent. The lights had already been taken down prior to receipt of this memo. Therefore in response to the request to keep the lights up, obviously we cannot. The cost for operating the holiday lighting from November 30, 1992 through January 4, 1993 was approximately $667.80. This cost was determined by multiplying the total wattage times hours per day, times the number of days, times .07 per kilo watt and dividing by 1000. Additional costs for keeping the lights in repair are as follows: 1) We replaced all 92 sets of lights at a cost of $4.55 per set or $418.60. 2) It requires two (2) men twice weekly to repair lights - total of fifty (50) manhours x $27.00 (approx. ) or $1350.00 and we replaced approximately 1000 bulbs. Estimated cost per bulb is $.10 each or $100 for all bulbs replaced. - 3) The total cost is: Electricity $ 667.80 Replacement sets 418.60 Replaced bulbs 100.00 Manhours used 1350.00 TOTAL: $2536.60 WHG/RC:smm cc: Richard Corwin, Deputy Director of Public Works Selma Kleinman, Admin. Sec. File: .....',. 'u..._ ~r$.¡f , .. . .J MEMORANDUM TO: Charlotte Manning Accounting Clerk I/Finance Department FROM: Mark Kilbourne Superintendent of Streets ~ THRU: Richard Corwin ~ Deputy Director of Pub 1 , s SUBJECT: HOLIDAY LIGHTING COSTS DATE: January 8, 1993 The cost for operating the holiday lighting from November 30, - 1992 through January 4, 1993, was approximately $667.80. This cost was determined by multiplying the total wattage times hours per day, times the number of days, times .07 per kilo watt and dividing by 1000. If you have any questions, please call me at extension 7339. 7lJH~~ Mark A. Ki ourne Superintendent of Streets MAK/lam REF: MKCMHLC.DOC . File: Memos to Finance Department . IlJ'ð ¡./oJ4.J ;/ø ~ [IT' OF DELRAY BEA[H . 100 "J 'i,': 1" AVENUE . DELRAY BEACH. FLORIDA 33444 . 407/243·7000 January 8, 1993 Mr. William J. Wood President Delray Beach Chamber of Commerce 64 Southeast 5th Avenue Delray Beach, Florida 33483 Re: Holiday Lights/Atlantic Avenue Dear Mr. Wood: Unfortunately, the holiday lights on Atlantic Avenue were removed before your request was processed through our system. However, I think that this is an important issue and intend to discuss this request with City Commission at the February 2nd workshop. Our staff is in the process of developing cost information. If your request is financially feasible and if so directed by Commission, we will reinstall the lights. My assistant, Robert Barcinski, or I will contact you to review the cost information. SirCerelY, . I I / . \ ___~ í I ! J-.~ ., 1\ ' ~\-,.~ ""' -- ,. '1..'" , ,-' DAVID T. HARDEN City Manager DTH:rab:kwg cc: City Clerk , f -... I- . /j/ .. Delray Beach Police Department a. 300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 RICHARD G. OVERMAN (407) 243-7888 Fax (407) 243-7816 Chief of Police JAN C ~ /)1.) MEMORANDUM CITY MANAGER'S U . t-t-/CI: TO: David T, Harden, City Manager ~ FROM: Richard G. Overman, Chief of Police DATE: JanuÇiry 20, 1993 SUBJECT: DONATION TO THE DRUG ABUSE FOUNDATION Attached you will find a copy of a letter from Mr. Taylor requesting our financial support for the relocation and expansion of their halfway house (presently on North Federal Highway) to the main campus at 400 South Swinton Avenue. It is my opinion that the Drug Abuse Foundation provides a vi tal service to our conununity and the expansion of these services can only further benefit those in need in our conununity. The Drug Abuse Foundation will also soon assume the responsibility of being the receiving facility for detox cases in the South County area. Under this new arrangement, dedicated beds and staffing will be expanded from the four (4 ) beds presently available at South County Mental Health to fourteen (14) beds at the Drug Abuse Foundation. This should greatly assist in reducing officer time committed to Meyers' Act cases in our city. I would recommend that we appropriate $10,000.00 from the Federal Forfeiture Assets Fund (115 2112 521 49.90) to support this endeavor. RGO/RML/ppt Attachment COMMITTED TO THE IMPROVEMENT OF THE QUALITY OF LIFE (4) .. . . DRUG ABUSE January 8, 1992 FOUNDATION Richard G. Overman oJ Palm Beach County, lnc, Offlcers Chief of Police City of Delray Beach Police Department Sue McMaster 300 W. Atlantic Avenue President Delray Beach, FL 33444 Leoÿld Trifari, M.D. ice President Dear Chief Overman: Daniel Gewartowskì, D.D.S, Treasurer The purpose of this letter is to modify the original proposal we submitted to Dr, Emanuel Newsome you. In our original proposal we outlined several initiatives on which we Secretary sought your support. While we would still like to work with you on all of Richard Siemens those initiatives, one of them has become a crucial priority for us now, If Life Director you could assist us with this one now, we would be happy to set the others Leon M. Weekes aside until we can mount the proper strategy for building support from the Life Director other area police departments as you suggested in our earlier conversations, Directors Chief, here is our problem, In our original proposal to you we outlined the Claudia A. Sweeney Ernest G, Simon, Esq. relocation and expansion of our halfway house as an important initiative in Lorenzo Brooks addressing the drug problem, We have had to make this expansion a priority Denny De Sio because the existing facility where our halfway house is located is in need of Pastor Lenard Johnson serious renovation, We believe to renovate those old buildings would not be William J. Wood Constance Caloggero cost effective. We have a building on our campus site that would make an Advisory Committee excellent halfway house, but it will require some renovation since it is currently a day care center. We have received a sizable pledge of Howard Schwartz, Chairman approximately $30,000,00 against this renovation cost and are working now Mary McCarty with another individual whom we believe is ready to make an important Ricbard Lincoln Meril Stumberger donation to help us with the renovation cost as well. Chief, if you could Nancy Hunt contribute a sum of between $10,000.00 and $20,000,00 of your L.E.T, Wilfred Hawkins Funds it would help us make this renovation a reality. Whatever you can do Steven Abrams Bì1lie Linville will be a help. I would be happy to take you over to both the facilities so that you can see where we are and why we want to move. Alton Taylor, M,Ed. Chief Executive Officer Chief Overman, ! know that you are a fervent supporter of treatment as one TREATMENT PROGRAMS element of fighting drugs, so I will spare you the usual justification for Screening, Evaluation, and supporting this project. Case Management Residential Services Thank you so much for your support. Should you have any questions Outpatient Services regarding this request, please feel free to contact me as soon as possible. DaylNight Services Family Services CRIMINAl JUSTICE PROGRAMS Respectfully, Sheriffs Drug Farm Drug Abuse Foundation of Palm Beach County, Inc. Civil Drug Evaluations Department of Corrections U.S. Department of Justice Alton Taylor, M.Ed, ~ PREVENTION PROGRAMS Executive Director & CEO ALPHA I Program ~: Major Richard Lincoln, City of Delray Beach Police Dept, ALPHA II Program ALPHA ill Program BETA Program Early Intervention Outreach Program . D1IJ "Partnership 200o-Indomitable Spirit for Change" .....- "-400 S. Swinton Avenue . Delt-ay Beach. FL 33444 . TEl: 407/278-0000 and 4071737.-0800 . FAX: 77f,-RR~? . . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # 5 - MEETING OF FEBRUARY 2, 1993 GOLF COURSE CLUBHOUSE PROPOSAL DATE: JANUARY 30, 1993 Updated and revised financial information regarding the clubhouse proposal will be provided at the workshop meeting. (5) . ..-' . . . . . " . t ( , t ' t, ~, ' . . \ I \ \: I . . .' .... . .' . . . . . .. . .." . .' " . . 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NIOlo::::>O 00000 ,NIOI..,.O'" 1(,.01 00(..01 I I "' I 1- - \-t-·- I" I I 1 . , , , . {, ~ ,-,1-< Lc. {i-" kt1<-"1.'^-"fe1."\{í.... MEMORANDUM TO: David T. Harden City Manager FROM: William H. Greenwood Director of Environmental Services SUBJECT: PROPOSED OUTLINE FOR ACCEPTING PRIVATE ROAD AND/OR DRAINAGE SYSTEMS FROM HOMEOWNERS ASSOCIATIONS - WORK ORDER #704 DATE: January 4, 1993 (Revised August 6, 1992) A suggested outline of procedures to be considered once requests are received from homeowners associations to take over their private road and/or drainage systems is as follows: 1.0 - Private Road and/or Drainage Systems o Homeowners Associations should submit their official requests to the City Manager for his consideration. o Homeowners Associations shall retain the services of a registered professsional engineer in the State of Florida to inspect the existing systems and if otherwise unavailable, to prepare as built plans. These plans should indicate all necessary drainage easements, water, sanitary sewer, storm drainage and other utility easements adjacent or crossing the road system. In addition, if the Homeowners Association wants the city to take over the road system, it shall show all traffic markings and have representative core and density tests at approximately 200 foot intervals. As built drawings should be submitted to the city Engineerls Division for review with compliance with city design standards. If the existing improvements meet current City of Delray Beach design standards, a recommendation for acceptance will be made by the city Engineer's Division to the City Manager. o If the current improvements do not meet existing city of Delray Beach design standards, then the association will be requested to bring their existing improvements into compliance with existing standards at their costs. o City Manager will request direction from city Commission once the existing conditions of the facilities has been determined. (to) " . . ~ .. - 0 All necessary permits for the stormwater systems shall be supplied to the city. 2.0 - Miscellaneous 0 All stormwater retention areas shall remain the property of the Homeowners Association for operation and maintenance. Public Works Division is making a survey of adjacent municipalties on their procedures for accepting private road and drainage systems. 11/,#/1 ¿-eo ~~~ William H. Greenwood WHG: smm File: Memos to City Manager Work Order #704 City Manager Inquiries ;.. I . -' ",,,,,,,..,,..,-.,--.--..- --- P.2/4 ------ ....J8! ....""."'_...~~..l....& '16' Ø,1 ME'::J:3t:R, V~.ÇI<E;RS J~l'! è 1. "53 . ~ PROPOSBD PSC BILL Deoomber 15, 3.~92 - Dr,,~~ . StatufH Appr.oved by coœmission for further action - 12/15/92 - public Hearin9' at the South Florida Water Management Oistrict on P'abrual;j" 15, 1993. Short. S\Ul1l&ary: Grants the Public Service Commission (PSC) liDited author1ty over water, wastewat.er, and reelai_ad wat.er utili~iQ8 which aro owned, op"1:ated, managed or controlled Þy governmoft't author i1:. ies and oertain non-pror1t. corporations an4 ( oop6)ra~i"... (1) The purpn~~ Q~ thO b~~1 ~o ~o t.g111L4te implementation of r.d'A~_Ø~ vao~.w._.~ .~ejoo~.. (2) Fe@ and ~erri~o~icl di t;put:e.. arQ aoen E\s ~h. m.ajol." barriers imp.d!ng rau.. project.. . (~) The r~c;¡ula..tory tJtrucbure px-oÞo.ed i. similaX' 1;.0 that u8~d ~y tho PSC ~o de~l with publioly owned electric utilities. Speclfic Authority: þsc ~ould have the Authority to: ( 1) þrescribé congClrv"'~!on r~b:. :.i:ruc;:"tu1;'.. ~or pUÞ110lY owned wator, waa~e~at.~ and ~eQ1Qim~d water utl11~1.81 (2) "J)prov~ territori.al A9reeIQ.nts b6tw..n 9øv.rnmenta~ autho:t'tt.i.a and/or 1nvaø-eor ownod \\t.i1i~i.. ~o avoid unnec...ary dup1ig.tion ot ø.rvioe, «nd promote eQonomi.. of soale. (3) resolvo 1::..~rit:o~i.1. d.~øpu"eø invglving government autboritiec and/or investor owned ut11it1ea; C") require periodic r~ports: (5) 4GOeø* ;;sn ø."nu~l. re9\\lc't.o¡:y fee n<Þ~ exao.cling 1.' of 9ro.. ravenueø of the government own.d utility. (7) ..-.¡. -\ ,.-." , ..,. "__. '._','_'-_' 1-'-,- .---' . - -::'I-~ _I I ILJI-"-' . î.'~ T 1-,'- ,- T '7-''':''''-0 ¡. ..... ,....,L........ ,-" _ I -'1- . . , . ...- JAM 21 ,':: ~- 1.6:05 !"'IE5SER, V¡ÇKi:RS . I PROPOSED SUNO$TROM BILL a~a~u.: Unknown, checkin~ ~o d.~.r.in. wh.~hor G ~i11 wa. fil.4 I b~to~. th~ tiling deadline. I I Bri.~ summary: i Provide. au~bor1~~ £or O~OQ~10n Qf r09iQn~~ WU~.~ røu.. authorities (RWRA's) by .9reømon~ betwe.n public agenoi... RWRA' I} au.tho~i-ty iG pat.tornód attQr rec¡rional wa.ter Gupply au-èhQX"i-t.iee alroady e¡¡tabliøhed in Chapter 373 1'.21. Aut.hority inølud~. power of .minÐn~ domain, bondin~ puroh... and ø.ll treatod w~.t.~wa~er. Croa~.. ano~h.r layor o~ governm.nt ~o perfo~œ a ooopøra~ive vònt.ure wh10h can already bo performed under Florida Inter100al coop~ration ~ot. I I ! I I I I ZOd W~vZ:0T £66T èG'ue[ 68VS 9Lè ¿0v : 'ON 3NOHd '~'d 'l3IdS~3a3~ 'M 1~3eO~ : wo~~ . . - PROPOSED D~ SILL November 6, 1992 - Draft Status~ Checking to determine whether a bill was f11e4 prior to the !11it\9 dcaadline. At la8t report, the Governor's office wanted the Water Manag.ment D1st~igt8 to take the lead on the bill. Apparently some disput.e exists between the DBa and thA Di.t~io~s on tha language. Sh~~t. summary. Gives DE.R and the Water Management. Districts authori'ty to establish "Water Resouroe Caution Areaa" (WKCA 's) . WRCA' II replace the ooncept of "Critigal Water Supply Areas." Boynt.on and Delray will likely be within a WRQA. Reuse will be required in all WRCA'. to the extent it ia in the pUblio interest. F.-ç1:or. t.o ».. considered in dtri:.t1DJ.nJ.ng ~ublic {ntêres~ .re to be defined 1n D~R ruleø An4 include watQ):' reSQurQê man~gement, w..t..w.t..~ mGna'ÇIeaent, environmental imp.çt. and oostø and ben.tit.. Local qoverrrmên~B -within WRCA·' IS must. inoorpoJ;.~. re",.. requirements in their oompreh~nsiv$ plan.. '1'h$ comprehena1vo plans should ro.anda'CQ reue. <.Ionsistento w1"tb DER rul.. lan4 Water Hanaqement plans. All domastic wast.awate%' treatment: faoility appliOà~i.onG wi~hin 4 WRCA ~il1 bQ );"equ.i.J:.c1 t.o prep.~e anc! .u~IIJ.i; fa r.uae feasibility G~uðy. Thè fina1 ~.oiçion on teG8ibility li.. with D~, not t:he public utility. The bill Qlao makos provision. tor va2:1oua inåoQr us.. ot roolQim~d wQter, oon.i.t.n~ with D~ rul... rOd W~rZ:OT Z66T 22'U€[ 68Þ£ 9L2 LOÞ : 'oN 3NOHd '~'d 'l3IdS~3a3~ 'M 1~380~ : wO~3 . · , ,\ C 'j .}''''~ .;' / ,'-. [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DEL RAY BEACH, FLORIDA 33444 FACSI1\!ILE 407i278-4755 Writerls Direct Line (407) 243-7092 MEMORANDUM Date: January 29, 1993 To: City Commission ¡J I From: Jeffrey S. Kurtz, City Attorney¡/ Subject: Civil Service Act Revision Pursuant to Commission direction the City Attorney's Office, along with Carson, Linn & Adkins, have reviewed the Civil Service Act and would propose the following changes. These amendments are briefly described within this memo. In order to amend the Civil Service section of our Code, it is necessary to either submit the changes to the Legislature for passage or pass a local ordinance subject to approval by referendum of the electors. This matter will be placed before you for discussion at the February 2, 1993 workshop. Our proposed amendments relate to the following provisions of the Act: Section 35.002 (Application; Exclusions)--the exclusion for "department heads who are employed subsequent to the date this Act becomes law" is eliminated in favor of language stating all employees are covered "except as otherwise provided in this Act". Subsection (B) is amended to provide that the Act shall not apply to persons appointed by the City Commission, assistant city managers, department heads, assistant department heads, police majors, and other "key employees" designated by the City Commission (see Section 6 of the amendment). Section 35.007 (Fixing Pay and Grade Through Budgetary Process) --the term "position" and "classification" are substituted for "member" and "grade" . Layoff procedures are modified to provide for reduction of employees on the basis of "merit, efficiency, character and industry" instead of seniority, and to eliminate bumping. Recall procedures are clarified and streamlined. Section 35.009 (Appeal; Hearing; Procedure)--clarified that the appeal procedure applies only in disciplinary cases (Section (8J ., . . Memo to City Commission January 29, 1993 Page 2 3) . Clarifies and simplifies the hearing procedure, and eliminates references to the functioning of the board and board counsel as "jury" and "judge". Provides for the appointment of board counsel by the City Commission. Section 35.014 (Retainment of Rank, Grade and Seniority; Reduction of Number in Grade)--repeals this section entirely. Section 35.007 will govern all layoffs. Should you have any further questions regarding this matter, please do not hesitate to contact the City Attorney's Office. JSK: jw cc: City Manager Ned Gusty Department Heads civsvcat.jsk . · ProDosed Amendment to city of Delrav Beach civil Service Act (1/21/93 Draft) An act relating to the City of Delray Beach, Palm Beach County; amending sections 2, 7, 9, 10, and 21, and repealing section 17, of chapter 25784, Laws of Florida, 1949, as amended, relating to the civil service act of said city; providing clarifications and exclusions concerning employees covered by the act; providing for merit-based retention and recall of employees during and after reductions in force; providing clarification that matters which are not disciplinary actions are not appealable to the civil service board; providing clarifications to the functions, procedures, and orders of the civil service board and the board counsel; providing for the appointment of the board counsel by the City Council; providing severability; providing an effective date. Be It Enacted by the Legislature of the state of Florida: Section 1. section 2 of chapter 25784, Laws of Florida, 1949, as amended by chapter 80-496, Laws of Florida, is amended to read: section 2. All persons regularly employed by said municipality in any Department shall be construed to come within the provisions of this Act, except as otherwise provided in this Act: Dopartmont Hoad£ ~mo aro omployod SUD£oquont to tho dato thi£ Act Docomo£ law; and this Act shall not include any officer or person employed for temporary duty only; nor shall it include employees covered under the terms of a collective bargaining agreement, or expired collective bargaining agreement which is subject to re-negotiation unless otherwise expressly provided in this Act or in the code of Rules and Regulations or in the collective bargaining agreement. Section 2. section 7 of chapter 25784, Laws of Florida, 1949, as amended by chapter 67-1284 and chapter 80-496, Laws of Florida, is amended to read: section 7. The City commission qovornin~ authority of caid Munioipality shall fix the pay of all employees, shall fix the number of positions mombors in each particular classification qrade and may increase or reduce the number of positions in any classification qrade, or may abolish that classification qrado, through . '. . the budgetary process. The city Manager may vary the number of oositions employoos in any classification '1rade during the budget year to meet City requirements. In the event of a reduction in the number of oositions mombers in ~ any classification '1rade, the employees mombers shall be retained in the oositions remaining within that classification '1rado according to merit. efficiency. character. and industrY. as determined bv the City Manaqer. Anv such determination bv the ci tv Manager shall be final and shall not be subiect to apoeal or iudicial review. Emolovees who are not retained shall be laid off. Laid off emoloyees shall receive no payor benefits durinq any oeriod in which they are laid off. seniority; and those momber£ thu~ Dein~ forcod back to a lower grade, will thereafter rocoive tho pay of said lower grade. In the event the number of positions in a þarticular classification grade is. within one (l)year following a reduction. again increased, former em~lovees shall be given an opportunity for recall to their orevious oosi tions in inverse order to the order in which they were laid off. those mOmDors forced Dack a£ aforo£aid shall be first to £uccoad to said grade according to £oniority, without further examination or probationary period. Laid off emolovees who are notified of an oooortunitv for recall and who resoond affirmatively in writinq to such notification within ten (10) calendar days followinq the date the notification is sent. shall be reinstated to their orevious oosition with no loss in seniority. However. laid off employees shall not accrue seniority durinq any oeriod in which they are laid off. In tho avant a roduction in £aid forca of any '1rada thoraof cau£o£ a membar of the lowo£t grada of said force to '10 into inacti T.TO duty, said mamDer or mOmDor£ on inactivo duty £hall not rocoiva any pay, but said inactivo mOmDer£ shall not 10£0 hiE £oniority, providod ha romain£ inactivo for a pariod not to Qxcood ono year, and entor~ on £aid acti T.Ta duty ~.ri thin ton days aftor notico hag boon givon him by the City Manager, that a position i£ opan. Aftar tho formation of £aid ßoard, a ~oniority li£t £hall DO certifiod of all omployee£ and tho employoo£ £hall in uriting as£ont or dissent to his seniority rating. In the avant an amployao or momber di££ont£ to his £oniority rating, a hoaring £hall DO hold by tho ßoard and the £oniority detorminod, and the finding£ of £aid ßoard shall DO final. section 3. section 9 of chapter 25784, Laws of Florida, 1949, as amended by chapters 80-496 and 83-397, Laws of Florida, is amended to read: 2 · \ section 9. An employee who for reason of disciDline has been discharged, demoted or suspended without pay for a period in excess of 7 calendar days may appeal to the civil Service Board for a hearing within ten calendar days from the time he was served with notice of discharge, demotion or suspension without pay (as above referred to), as shown by such notice. In the case of discharge, the hearing shall be held within 90 days, but not sooner than 60 days, from the date that such appeal shall have been so filed with the Board. In the cases of demotion and suspension without pay for a period in excess of 7 calendar days, the hearing shall be held within 30 days from the date that such appeal shall have been so filed with the Board. Hearing dates in all appeals may be extended if mutually agreed to by the employee, the City and the Board. written notice shall be given to the person so removed, demoted or suspended and to the head of the proper Department of the time and place of hearing the appeal, which hearing shall be open to the public. section 4. Section 10 of chapter 25784, Laws of Florida, 1949, as amended by chapters 80-496, 83-397, and 86-428, Laws of Florida, is amended to read: Section 10. Appeals and appeal procedures.--In instances of proper and timely appeals by employees to the civil service board regarding disciplinary matters, pursuant to section 9 of this act, the following procedures shall be applicable. Matters which the city manager formally states are not disciplinary actions, al though such matters may invol ve certain personnel actions, including terminations for failure to have or maintain job qualifications and requirements, shall not be appealable to the civil service board. Only disciplinary matters, where so identified by the city manager, of terminations, demotions, and suspensions without pay in excess of 7 calendar days are appealable to the civil service board. A. Functions of Board. Counsel. Tormination£. The civil service board shall hear all aDDropriate aDDeals. and shall make all findinqs of fact necessary to resolve such aPDeals., in hearing£ of appropriato appoal£ of di£chargod employoos, £hall function a£ a jury in civil litigation, with a board coun£ol selocted to function as a judgo in civil litigation. h£ the trior of fact, the board chall mako finding£ of fact ~..hich £hall bo subcoquontly roducod to ~{rittQn form in tho naturo of an ordor by tho board coun£ol. 3 . . Tho board counE:ol E:hall funotion aE: a judgo iR oi't"il litigatioR in conducting hoaringE of appoals to the oivil E:or\"ioo board of diEchargod omployooE. The board counsel shall rule upon admission of evidence and all other questions of law. The board counsel shall also rule upon questions of conflict of interest and on motions to disqualify members of the civil service board serving on that board during a particular hearing. The board counsel shall provide instructions to the civil service board prior to its making findings of fact, which instructions shall be similar to jury instructions utilized in civil litigation. The civil service board shall follow and abide by the board counsel's rulings on all questions of law, including, but not limited to, his or her instructions, his or her rulings on conflict of interest questions and on motions to disqualify a member of the civil service board from serving in a particular case, and on all other prehearing, hearing, and posthearing motions. In such instances it shall be the responsibility and under the authority of the board counsel to determine all preliminary matters such as, but not limited to, standing of the parties, the timeliness of the filing of the appeal and any responsive pleadings, whether the parties and including the appellant employee have been properly notified of the charges against him and the like. It iE tho intont of thiE act that tho board counEol and tho oivil Eorvico board, whon aoting togothor, shall rOEpoctivoly function in tho capacitioE of judgo and jury, as Euch judgo and jury ~iould function in ci":il litigation. Hmiovor, during tho courEO of an appoal the board counEol Ehall, to tho oxtont ho or sho dooms oompatiblo ,d th duo procoEE and fairnoE:E, fully inform tho board of all matterE portaining to EUCR appoal and hearing. In tho caEO of an appoal of an omployoo's dischargo, o~ach party must advise the other in writing within 30 days from the date the appeal was filed with the board, who their witnesses will be and the addresses of such witnesses. Failure to so notify the opposing party of the names and addresses of the other party's witnesses, when requested to do so in writing, shall entitle the deprived party to a reasonable continuance, or the undisclosed witnesses shall be disqualified from testifying, as determined by the board counsel~, or by tho board ~mon no board councol iE u£:od. copies of all documentary evidence and exhibits shall be made available to the opposing party when prepared and not later than 10 days prior to the hearing, along with the opportunity to examine the originals. Failure to timely furnish said 4 · copies, with the opportunity to examine the originals, shall entitle the deprived party to ª reasonable continuance, or said documentary evidence and exhibits shall be excluded from the evidence, as determined by the board counsel. Tho board shall thon ronQor its final doci£ion in tho form of a final order, which ordor shall bo draftod by tho board counsel. 8. Domotion£ and su£pon£ions ,dthout pay in oxcess of 7 days. --Tho board as a body only shall conduct hoarings of appoal£ of Qomotod omployoo£ and of appoals of omployoos EZuspondod without pay for a poriod in oxcoss of 7 calondar days. Howovor, with tho consont of the govorning authority, the board may, or \\.thero both parties jointly ro~ost such tho board shall, utilizo tho board cOURsol format in tho said demotion and susponsion without pay appoal casos, in tho mannor as pro"¡ided heroin. If tho board counsol format is not utilizod, tho board may roquest that tho city council of tho city of Delray Eoach appoint and retain an attornoy-at-Ia~ to provide logal advice to the board at hearings of such appeals only. Whenover the board counsol format is utilized, the board councel shall function as a judge in civil litigation in conducting hearings of appoals to the civil service board of discharged employee£:. Tho board counEGl shall rulo upon admiscion of o~¡idence and all other questions of la'i{. Tho board counsel shall also rulo upon questions of conflict of interest and on motions to disqualify mombers gf the civil servico board serving on that board during a particular hearing. Tho board counsel shall provide instruction£: to tho civil service board prior to its making findings of fact, ",thich instruction£: shall bo similar to jury instructions t,'l' Q' "1 l't,' t,' R' , , U 1 1ze 1n C1V1 1 19a ~on. T 0 c~v11 SOrv1CO board shall follow and abido by tho board coun£:ol's rulings on all queEtions of la'i{, including, but not limitod to, his or her instruction£:, his or her rulings on conflict of intorest quostions and on motions to disqualify a member of the civil ser\7ice board from serving in a particular case, and on all other prehoaring, hearing, and po£:thoaring motions. In such instancos it shall bo the rosponsibility and undor tho authority of tho board counsel to detormino all preliminary matters such aE, but not limitod to, standing of tho parties, the timelinoss of the filing of tho appoal and any rosponsive ploadings, whothor the partios and including the 5 · appellant employee have been properly notified of the charges againÐt him and the like. It is the intent of thiÐ act that the board counÐel and the ci"Jil service board, 'iJhen actinq together, Ðhall respectively fy.nction in the capacities of judge and jY.ry, aÐ sy.ch jy.dge and jy.ry 'iJOy.ld fy.nction in civil litigation. Ho,¡r~ler, dy.ring the COy.rÐe of an appeal the boarà coy.nÐel Ðhall, to the extent he or she deems compatible 'id th dy.e procesÐ and fairness, fy.lly inform the board of all matters pertaining to Ðy.ch appeal and hearing. Each party 1\\Qst advise the ether party in '¡lriting of their witneÐseÐ and their addreÐses 'ilithin 10 dayc from the date the appeal 'las filed 'trlith the board. Faily.re to ÐO notify the opposing party of the names and the addresÐeÐ of the other party's witnesses, when requested to do so in 'lriting, shall entitle the deprived party to a reasonable continy.ance, or the undisclosed witnesses shall be disqualified from tectifying, as determined by the board coy.nsel, or by the board when no board counsel is y.sed. Copies of all documentary evidence and exhibits shall be made a"..ailable to the opposing party when prepared and not later than 10 dayc prior to thG hearing, along '¡¡Ii th the opportunity to examine the originals. Failure to fy.rniÐh Ðaid copies, '¡lith the opportunity to examine the originalÐ, shall entitle the deprived party to a reasonable continuance, or said docWtlentary evidence and exhibitÐ shall bo excluded from the evidencG, as determined by the board counsGl or by the board when no board counsel iÐ used. The board shall than rander its final decision in the form of a final order, '¡¡lhich order Ðhall be drafted by the board, or by the board counsel '¡¡lhare that format is utilized. ß.G Selection of board counsel.--The board counsel must be a member of The Florida Bar in good standing for the preceding 5 years. The board counsel shall be appointed selectod by the city Commission a drawing conducted by the city clerk of the City of Delray Beach, Florida., or a designated assistant city clerk, herein referred to aÐ thG clerk. The city manager, on behalf of the city, shall submit to said clerk thG names of two qualifiod la'¡yers and their respective addressoÐ in separate sealed envelopeÐ: and the civil service board shall likGwise submit the names of two qualified la'iryers. ThG Ðaid nameÐ must be submitted 'idthin 10 day£ from the date an appeal is filed with the civil Ðervice board. 6 Tho drawing shall gO held on tho noxt regular Dusino£s day after tho oxpiration of tho 10-day period. Tho four envolopo£ oontaining tho four namos £hall DO placed in a rooeptaole by tho said clerk and rotainod in hor ouctody. Tho olork shall notify tho chairman of tho oivil £ervico board and the oity manager of tho timo of tho drawing £0 that each may, if thoy so de£iro, havo a repro£entativo pre£ont. Tho olerk £hall draw four namos and do£ignate the ordor in which tho namo£ aro drawn. Tho fir£t namo shall bo the board counsol, and tho ordor of tho othor namo£ drawn will indicato the ordor of £ucce£cion of tho board coun£olc if thoir predeco££ors aro unablo to £orvo. Should all four namo£ gO found unablo to £orvo, a now li£t chall bo made again utilizing this samo format. If eithor tho oity managor or tho board fai1c to £ubmit namoc within tho 10-day timo poriod, tho olork chall prooood to draw tho bJO names submi ttod: and tho first namo dra'.1ln chall DO tho board councol and tho cooond namo hic or hor succos£or. ~.~ Hearing procedures.--For all hoarings, whether or not tho board ooun£el format is ucod, tThe civil service board shall hear the evidence upon the charges and specifications as filed with the board by the city manager and as set forth in the prehearing stipulation. No material amendment of, or addition to said charges or specifications will be considered by the board counsel or the board. The proceedings shall be as informal as is compatible with justice. At least 10 calendar days prior to any hearing, the parties shall submit to tho civil COr\rico board, or to the board counsel only \t.lloro cuch format ic ucod, a joint prehearing stipulation, which shall contain a record of the case documents leading up to the subject appeal, a brief statement of the agreed facts, and a statement of the disputed and anticipated factual and legal issues to be determined during the course of the hearing. Whon tho board councol format is utilizod, tThe board counsel shall provide to the civil service board all portions of such prehearing stipulation and attachments as the board counsel deems advisable and is compatible with due process. The order of proof at all hearings shall be as follows: The city manager or his desiqnee shall present his or her evidence in support of the charges..!.. aM £peoifioation£. The appellant shall then produce such evidence as he or she may wish to offer in his or her 7 defense. The parties in interest may then offer rebuttal evidence. The board counsel and the board shall hear opening statements and closing arguments, when same are requested by either of the parties. In all hoarinqÐ, i.Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form, and all testimony of parties and witnesses shall be made under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The board counsel or tho board by itc chairman, in hoarinqÐ whoro no board counsol iÐ u~od, shall have the power to swear witnesses and take their testimony under oath, to issue subpoenas upon the written request of any party or upon said counsel's -i-t.s own motion, and to effect discovery which shall be permitted on the written request of any party by any means available to the courts and in the manner provided in the Florida Rules of Civil Procedure, except where otherwise modified by this act. Motions to shorten the time for responding to a discovery request shall be liberally granted by the board counsel..!...T or by the board whon no board counsol is usod. Where appropriate, a party shall be permitted to conduct cross-examination when testimony is taken or documents are made a part of the record. Any person subject to a subpoena or order directing discovery may, before compliance and on timely petition, request the board counsel, or tho board if thoro i~ no board counsel, to invalidate the subpoena or order on the ground that it was not lawfully issued, is unreasonably broad in scope, or requires the production of irrelevant materials. After the hearing of the appeal, when a board counsol is uced, the board counsel shall submit to the civil service board his or her instructions, conclusions of law, and rulings on any questions of law presented by the parties, as well as his or her legal interpretation of the code of rules and regulations as the same may apply to the particular case. The board counsel may make such submittal to the board at the conclusion of the hearing or at a later time agreeable to the board counsel and the 8 .. , civil service board. Whore the board councol format ic not ytilized, the partie£! may £:ubmit propo£:ed inctryctionc and roque£:ts for other rYling£: diroctly to the civil £!er\rice board. All decisions of the civil service board shall be by simple majority vote. The final order of the board shall be in writing and include the civil service board's findings of fact and the civil £!ervice board's, or the board counsel's where cuch format i£: ysed, conclusions of law separately stated, and it shall be rendered within 30 days after the last day of the hearing or receipt of transcript, if applicable, whichever is later. The final order shall be DreDared bv the board counsel. If a party submitted proposed findings of fact or filed any written application or other request in connection with the hearing, the order shall include a ruling upon each proposed finding and a brief statement of the grounds for denying the application or request. The order shall also contain a finding relative to the degree of severity of the discipline which has been imposed, which shall be binding on all partio£! \ihen included in the final \:ri tten ordor, excopt in instance£! whoro a board councel i£: u£:ed, in which caco tho finding chall bo advisory only to the board counsel, whose decision on the severity of discipline, if any, shall be final and shall be included in the final written order. The 30-day period as it relates to the rendering of the final written order as referred to above, may be waived or extended with the consent of all parties. Parties shall be notified either personally or by mail of any order, and, unless waived, a copy of the final order shall be delivered or mailed to each party or to his attorney of record. Section 5. section 17 of chapter 25784, Laws of Florida, 1949, as amended by chapter 80-496, Laws of Florida, is hereby repealed. Soction 17. All city omployoG£: shall retain tho rank and grade and the ceniority they hold at the timo of the pa£:cage of this Act by tho Logislature. Nothing in thic coction shall provent the governing authority or tho city Manager from reducing the number of pooplo in any grado, a£: horeinabovo providod. 9 · section 6. section 21 of chapter 25784, Laws of Florida, 1949, is amended to read: Section 21. The provisions of this Act shall not apply to those persons appointed by the City Council of the city of Delray Beach, Florida. or to any assistant ci ty manaqer. department head. assistant de;>artment head. police major. or such other key employees as may be desiqnated by resolution of the City Commission. section 7. That should any section or provisions of this act or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such a 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 8. This act shall take effect upon becoming law. 8j151bjcsc 10 .. ,