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03-30-93 Special . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION SPECIAL MEETING - MARCH 30. 1993 - 6:00 P.M. COMMISSION CHAMBERS AGENDA 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 or prepare such record. Pursuant to Section 3.07 of the Ci ty Charter of the Ci ty of Delray Beach, Florida, Mayor Thomas E. Lynch has instructed me to advise you of a Special Meeting of the Commission to be held in the Commission Chambers at 6 P.M. on Tuesday, March 30, 1993. This meeting has been called for the purpose of considering the following: /1. Proclamation - Sunset Limited Day - April 4, 1993. J2. Ratification of Collective Bargaining Agreement with Police Benevolent Association. ~-o J3. City Attorney's Resignation. 5-0 4. Commission Comments. ~{~1lbla¡_/lRatt·y City Clerk . . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION SPECIAL MEETING OF MARCH 30. 1993 - 6:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM . THE SPECIAL MEETING AGENDA IS AMENDED TO INCLUDE: 3.A. Request to hold plant sale - Project Graduation. 5-0 , . . ~'TY DF DELRAY BEA[H PR()( Lt \1. t TIt) \ WHEREAS, Amtrak has been successful in establishing transcontinental train service from Miami to Los Angeles; and, WHEREAS, the extension of the Sunset Limited will commemorate a new era of passenger service in the State of Florida; and, WHEREAS, WE, the citizens of Delray Beach, Florida, look forward to the many benefits which will accrue to our city from an increase in rail passenger: service. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim April 4, 1993, as "SUNSET LIMITED DAY" in the City of Delray Beach, Florida. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed the 30th day of March, 1993. MAYOR THOMAS E. LYNCH SEAL ~/; . . '. ,.0 ..~~. 2 I~J. I~J 3 1 1 : 1 Ei Alv1 +AMTRAK NOL DIST SUPT PI] 1 . ALl ABOARD AM1RAK »- TELECOPIER TRANSMITTAL NEW ORLEANS. LA TO: À¥IJ) /iïtftJJ=-N FROM: ~~~~ ~v'IÎ ~~ DATE: 4~ ,('13 PAGE _l~_ OF -1- (INCLUDING THIS COVER SHEET) IF ALL PAGES ARE NOT WELL RECEIVED, PLEASE CALL ~ßIE 8~1 ~~~ ~~ ~Tß 66&-i~7 /êvs.s ~N 0/2.. f1Ií c k... ~t-Wd()~ AU. ABOARD AM1RAK »- · 1]3. 2 SJ. 'd 3 1 1 . 1 Ei AM >1< AMTRAK NOL DIST SUPT PD2 March 25, 1993 RECEiVED "'AR 2 9 199j CITy M Honorable Thomas Lynch ~NAGFR'S OFFICE Mayor of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 Dear Mayor Lynch: I am w~iting to invite the City of Delray Beach to participate in the first regularly scheduled run Of the Sunset Limited, ~erica's first transcontinental train. This exciting event heralds a new age in rail transportation for the state of Florida and will bring lasting benefits both to the city of Delray Beach and to Amtrak. The impending inauguration of through train service from Los Angeles to Miami is a result of the extension of Amtrak's Sunset Limited which currently terminates in New Orleans. 1;t will link your community with others in California, Arizona, New Mexico, Texas, Louisiana, Mississippi, Alabama, and the Florida panhandle in a way that has not been possible tor many years. Regrettably, due to scheduling conflicts with the Tri-County Commuter Rail Service, we will not be able to stop at Delray Beach on Friday, April 2, during the special inaugural run of the Sunset Limited. However, we have arranqed to make a IIwhistle- stop" at your city when the train begins regular revenue service on Sunday, April 4. The train will leave Miami at 1:30 p.m. and arrive at Delray Beach at 2:40 p.m. It will stay for five minutes, departing at 2:45 p.m. We invite you or your representative(s} to join us on board the Sunset Limited from Miami to Delray Beach. Because the scheduled arrival of Amtrak's southbound Silver Star is too close to the departure of the sunset Limited at 1:30 p.m., we suggest that city guests travel to Miami via Tri-county Rail which departs southbound from Delray at 10:35 a.m. The Metrorail stop is three blocks from our station in Miami which is located at 8303 N.W. 37th Avenue, 1 block east and 2 blocks north of the Metrorail station exit. 1 further invite you to consider issuing, as a key component of the celebration, a formal proclamation designating April 4, 1993, as IIRail Transportation Day," "Sunset Limited Day," or another title of your choosing, such proclamation to be presented to participating Amtrak officials on the train during the "whistle-stoptl at Delray Beach. This would seem fitting and afford an effective photo opportunity. Naturally, we would . O-.?. 2 9, ~~ :=i 1 1 : 1 6 Alv1 *AMTRAK , NOL DIST SUPT P [1-=: . Honorable Thomas Lynch Page Two welcoøe your interest in invitinq looal media to cover the event. As information, I am enclosing a copy of a proposed procla.ation. Please call me or Ms. Marc! Larson at (202) 906-3856 if you should have any questions and to begin working out the details of our stop in Delray Beach. Sincerely, W. M. Leatherwood, Jr. Sr. state and Local Affairs Officer Enclosure cc: Mr. David Harden ! . t;.:r. 2 (~. 1;1 :::: 1 1 .-, R A:rv1 +AMTRAK NOL DIST SUPT PI] 1 . ¿ o_J I . March 25, 1993 TOr David Harden (fax) Offioe of the City Manager Delray Beach, F1. FROM: Michelle Giron Public Affairs RE: Proolamation for the Sunset ~imit.d Inauqural A8 per our conversation, the following is a åraft of a proolamation which may be used for the sunset Limited Inaugural. Should you need further assistance please do not hesitate to contact me. Whereas, Amtrak has b9.~ successrul in establishing transcontinental train servioe ~rom Miami to Los Angeles; and WhsrelJs, the extension or the Sunset LillJ.1teð will co_eJlOrate a new era oL passenger s.rvice in the state of Florida! and Whereas, we, the cj~i.enB 01 ; look ~ortlard to the ...a!U many benerits whiúh will accrue to our city Lrom an increase in rail passenger service. Now therefore,. be it resolved t.hðt the citizens of ~ _-"If! urge Mayor . ~ to proclaim April ~ 1993, nSunset ...aü.I!. Lilllited Day." ( It-') (It (J.,v.-flg: y . [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE ~~jU :-;w ,,¡ .\\T\TF . DELRAY BEACH, FLORID,·\ 3;~;.¡ F:\CSl\nLE -:\'1-; 27,,,-~7~5 Wr~t_r·. D~r_ct L~n_ (407) :Z43-709~ MEMORANDUM Date: March 29, 1993 To: City Commission From: Susan A. Ruby, Assistant City Attorney Subject: P.B.A. Contract The contract between the City and the Police Benevolent Association was ratified by a majority vote of the P.B.A. Bargaining Unit Members on March 23, 1993. This contract is now before you for ratification. -... '-. The contract in Article 11 calls for a 5 percent expansion in the pay ranges which is firm for the fiscal year 1992-93 and 1993-94. All of the remaining parts of the contract are effective for the 1992-93 fiscal year only. The performance increase for the 1992-93 fiscal year is a range of 0-5% and shall be effective on performance evaluation dates, which is the anniversary of the date of hire. The performance increases are to be retroactive. Article 38 of the contract governing grievance procedures has been modified. Article 38, Section 4 now states that the Chief of Police is the final decision maker for oral and written reprimands on suspensions without pay of three or less days. The City Manager is the final decision maker for suspensions without pay of four or five days. The Complaint Review Board is the final appellate body for discipline involving suspensions without pay of six to nine days if the employee wishes to appeal the decision of the City Manager. All other discipline may be appealed from the decision of the City Manager to an arbitrator. The P.B.A. has agreed to not file any Unfair Labor Practice regarding insurance rates for the 1992-93 fiscal year. The P.B.A. further gives assurances that it will not file an Unfair Labor Practice for the fiscal year 1992-93 as it pertains to the non-payment of pay increases during the "status quo period" . 5>1 Z- I . , . . Memo to City Commission March 29, 1993 Page 2 Please contact our office or Edward Gusty, Interim Human Resources Director, if you have any questions. By copy of this memo to the City Manager, our office requests that the ratification of this contract be placed on the City Commission agenda for approval. (Contract is attached.) SAR: j w ~ cc: David Harden, City Manager Edward Gusty, Interim Human Resources Director Alison MacGregor Harty, City Clerk pbacon.jsk ------ , " , . PAUL O'CONNELL, ESQ. PALM BEACH P.B.A. 1501 WHITEJßLL ROAD WEST PALM BEÀCH, F~. 33405 407-689-3745 r.1ARCH 27, 1993 Susan Ruby, Esq. City Attorney's Office City of Delray Beach 200 N.W. 1st Avenue Delray Beach, Fl. 33444 Dear Ms. Ruby: Pursuant to your request and the mutual agreement reached by the parties, the Palm Beach PEA, speaking for the bargaining unit (the Delray Beach Patrol Officers and Sergeants), acknowledge that neither the PBA nor its members will initiate an unf~ir labor practice against the city for its conduct in raising the cost {)f dependent coverage for health insurance and withholding meri.t wage increases during the pe=iod of negotiations. Please ~ote that this agreement in no way diminishes our belief that the Cit~ conduct constituted an unfair labor practice. However, in the spirit of compromise we believe setting aside our differences as they relate to these issues is in the best interests of both parties. Als.:J, pl0.3se accept this correspondence as our official notification tha~ the contract terms agre~d to at the table on March 19, 1993, were accepted in vote of the membership taken on rl]arch 23, 1993. Thank you for your time and attention to these issues a~d we look forward to a long ~nd professional relationship. s~.~ / ---------- ,.., . -- / i _ (l~., ( ~ il- I ,._...' /, ,_, /? / I ~-~(.~-, --' ,,/. Iv\. - :!,¿' ~ - \.. "- -............ __L.-' Paul O'Connell, Esq. cc: Err.ie Gec:rge - 1-:-' ~ ;- \j::: - - - ' . --, -, , ,- .... . ,- ,- - - ,- , tM [ITY OF DELRAY BEA[H CITY ATTORNEY'S OFFICE :'(]( NW Isl AVENUE' DELRAY BEACH, FLORIDA 33444 FACSI!\IILE 407/:>78-4755 Writer's Direct Line (407) 243-7092 MEMORANDUM Date: March 29, 1993 To: Mayor and City Commissioners From: Jeffrey S. Kurtz, City Attorney It has been a pleasure to work for the City of Delray Beach these last seven years. I appreciate the opportunities that were given to me as an Assistant City Attorney and City Attorney to represent this community's interests. The purpose of this letter, however, is not to dwell on the past but to look forward to the future. Therefore, as previously announced, I am hereby tendering my resignation as City Attorney for the City of Delray Beach to be effective April 12, 1993 at 5:00 p.m. I look berward to working with the City and City Commission in other capacities. Respectfully submitted, JSK: jw cc: David Harden, City Manager Edward Gusty, Interim Human Resources Director ~h I 1 Ff~/I [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 2(11) :--:\\ 1;1 ,\\,[:--:Lj[ . DELRAY ßEf,CH, FLORIDA 33444 r,\CS¡~!ILE 4U7,:7S·~755 Writer's Direct Line (407) 243-7092 MEMORANDUM Date: March 29, 1993 To: Mayor and City Commissioners From: Jeffrey S. Kurtz, City Attorney It has been a pleasure to work for the City of Delray Beach these last seven years. I appreciate the opportunities that were given to me as an Assistant City Attorney and City Attorney to represent this community's interests. The purpose of this letter, however, is not to dwell on the past but to look forward to the future. Therefore, as previously announced, I am hereby tendering my resignation as City Attorney for the City of Delray Beach to be effective April 12, 1993 at 5:00 p.m. I look ~ard to working with the City and City Commission in other capacities. Respectfully submitted, JSK: j w cc: David Harden, City Manager Edward Gusty, Interim Human Resources Director - ~Is I . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION SPECIAL MEETING OF MARCH 30. 1993 - 6:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM . THE SPECIAL MEETING AGENDA IS AMENDED TO INCLUDE: 3.A. Request to hold plant sale - Project Graduation. . · ~ MEMORANDUM TO: DAVID HARDEN - CITY MANAGER J!J FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT SUBJECT: REQUEST TO HOLD PLANT SALE - PROJECT GRADUATION DATE: MARCH 30, 1993 ITEM BEFORE THE COMMISSION: - - Commission approval is requested to hold a plant sale from March 31 - April 30, 1993 at the Delray Mall for the purpose of raising funds for Atlantic High School's Project Graduation. BACKGROUND: The organizers of the Annual Project Graduation activity have applied to the Ci ty for a temporary business license to hold an outdoor plant sale to assist in financing this project. The Commission has granted this request in 1990 and 1991. The plants will be housed by a semi-tractor trailer with aluminum frame and share cloth for maximum protection of the plants. The plants will be located in the southeast section of the Delray Mall parking lot at Linton Blvd and Federal Highway. We have attached a site plan for your review. Chapter 110.15 of the Code of Ordinances which governs occupational licenses provides for Commission approval on temporary licenses for special events that are held annually and in excess of three (3) days. RECOMMENDATION: Staff is recommending Commission approval of this special event activity and authorize staff to issue a temporary business license to the Project Graduation organizers. LB:DQ Attachments Dl5 P1antSale.AHS 3.A· '. · I ~ 0 0( rr1 ~ r· I 2 en::O r . -:Þ f-i-< ï rr1 CD ! "'0 rr1 - -- ç:~ z:I: ~ i » r r ~ ,,\.\1 " , · DELRAV BEACH MALL '--~"._------- =-~......._....~~~ March 29, 1993 City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33~44 RE: Tropical Pla.'1t Sales TO WHOM IT MAY CONCERN: Delray Beach Mall is permitting Tropical Plant Sales to operate on a portion of our parking lot to conduct the sale of live tropical plants as a fund-raising event for the benefit of Atlantic High School of Delray Beach. The use of our facility is without charge or cost to the plant sales firm and is purely a charitable and civic act on behalf of the Mall for the benefit and support of Atlantic High School and its fund-raising event. If you have any questions, please don't hesitate to call. Sincerely, ~ A.Eudy,CP~,RPA· General Manager JAE/nam ~ 1640 South Federal Highway, Delroy Beach. Florida 33483 . (407) 272-1781 !