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06-05-90 Workshop . f . CITY OF DELRAY BEACH, FLORIDA WORKSHOP MEETING - CITY COMMISSION June 5 I 1990 6:00 P.M. AGENDA 1st Floor Conf Rm 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. 1. Recognizing Gates Castle for his 10 years of dedicated service as an employee with the City of Delray Beach (Commission) . 2. Presentation by Architects/ Decade of Excellence Parks Projects , (Commission) . 3. Site Selection for Fire Station No. 1 Relocation/ CRA Recommendation (Commission). 'v 4. Police and Firefighter Pension Board Concerns (Mayor Lynch). 5. Discussion re: Standardization of Operating Procedures for City Boards/Committees (Commission) . 6. Discussion re: Appointment of Commissioners as Liaison members of City Advisory Boards (Commission) . 7. Discussion re: Scope of Responsibility and Purpose of City Advisory Boards (Commission) . A. Planning and Zoning Board~ B. Historic Preservation Board C. Community Appearance Board...... D. Board of Adjustment 8. Status Report re: Golf Course Negotiations (City Manager). .. . CITY OF DELRAY BEACH, FLORIDA WORKSHOP MEETING - CITY COMMISSION June 5, 1990 6:00 P.M. ADDENDUM 1st Floor Conf Rm 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. THE WORKSHOP AGENDA IS AMENDED TO INCLUDE: 7E. Education Board. CITY OF DELRAY BEACH, FLORIDA WORKSHOP MEETING - CITY COMMISSION June 5, 1990 6:00 P.M. ADDENDUM NO. 2 1st Floor Conf Rm 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. THE WORKSHOP AGENDA IS AMENDED TO INCLUDE: 9. Direction on Storm Water Utility Fee (City Attorney). 10. Direction of After School Transportation Agreement with School Board (City Attorney). RESOLUTION NO. 57-90 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING GATES CASTLE, FOR 10 YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, Gates Castle was hired by the City of Delray Beach on May 12, 1980, as a Civil Engineer in the Public Utili ties Department; and, WHEREAS, Gates Castle became Assistant Director of Public Utilities on September 12, 1981; and, \'iHEREAS, Gates Castle became Acting Director of Public Utilities on November 17, 1981; and, ímEREAS, Gates Castle became Assistant City Engineer on October 1, 1982; and, WHEREAS, Gates Castle became Interim City Engineer on April I, 1989; and, WHEREAS, Gates Castle became City Engineer for the City of Delray Beach on June 1, 1989; and, WHEREAS, Gates Castle became City Engineer/Acting Director of Public Works on December 11, 1989; and, WHEREAS, Gates Castle became City Engineer on May 7, 1990; and, WHEREAS, Gates Castle will retire from employment with the City of Delray Beach effective June 8, 1990, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby expresses its thanks and sincere appreciation to Gates Castle for 10 years of dedicated service to the City of Delray Beach. PASSED AND ADOPTED in regular session on this the day of , 1990. MAY 0 R ATTEST: City Clerk WS/ , . . . ¡ --JWtJ . - MEMORANDUM ! . '¿CEIVEÒ UIY 2 4 I 90 ' TO: David T. Harden \ C:OMM. SVCS City Manager . GROUP FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Decade of Excellence Parks Projects Architects DATE: Ma y 2 3 , 1990 Per City Commission directive the following is a spreadsheet of how each member of the consultant selection committee voted for architects for Veterans' Park, Currie Commons, and Miller Park. Also attached are the individual sheets of each member of the selection committee showing the criteria used and the individual ratings of the top firms from one through four. SHOUP/ DIGBY EDWARD CURRIE SHA HRT McKINLEY BRIDGES STONE SCHNEIDER Bob Hayes, 58 3 G (3ì 51 89 é) 81 @) 94 (}) Citizen ,~./ Gates Castle, 66 72/J; 39 69(~) 76 {;ì 66 (i) ',-- . '-.1 Engineer Joe Weldon, 75 T'\ 61 76(0 84 @ 85 (j) 86 (:J Parks Dave Kovacs, 62 ß;' 53 73é0 76 G) 82 () 7 9 <.:'1:/ Planning Ted Glas, ~~@ /........ ~0 (;) 55 42 ~0) 92 Purchasing TOTAL 316 405 246 393 403 419 Because of variances in individual scoring that may skew the total number of points scored, I asked each member of the committ'ee to rank their top choices in order of preference. Please note that priorHy nw).: ins éJ.nd scoring by total points produced the same results. Because there seemed to be some confusion at last nights Commission meeting about Ci.ty Commission intent when we asked for direction at the r.pr i 1 24, 1990 meeting for short listing and inter'lievJir.) t 1 ~,~ t i !..-n~ s , I rev ie\-led the minutes of the meeting. The n",o::'icn f,::~ s .: Ct" sL.iff to in terv i evl the firms and make recommendations L) C j t Y C:om:ni SS.i. on (see attached). Wc:.J ~ ... - David T. Harden, City Manager Decade of Excellence Parks Projects Architects May 23, 1990 Page 2 It is my understanding the City Commission wishes to have the four ( 4 ) top firms (Currie Schneider, Wallace Roberts and Todd, Edward Stone, and Digby Bridges) make presentations at a special meeting for their r¿~v i '2t..¡ and cons i.del.-a tion. Please advise üf your preference of t 'p." ,éJ--ì·· +- ~ C1 I-1Ci t i :11¡} 0 f tills speci3l meeting and .."- --...<..... ,-..,. I will contact t h '2 ë. L C 'I .i. t' ';'~: tè..: r 2. 1 f.i:":-:,.s. Jo Oi Parks and Recreation JíV: jmh REF:JW123 Attachments cc: Robert A. Barcinski, Assistant City Manager "'- -.D t1 co --.J 0'\ <J' "'" \.oJ N ..... t'1 t1 ,~ e: () ...... cr(l¡eJ ~ ....; (l¡ > '"" < c: ::> (l¡ 0 >-3 o 0 n :) :J :J (/1 c: :J c: Ò "1 :J tr < :J....::r '-' ....; Q., r- eo. Q., '" '1 (l¡ Q., .... OJ 0- ('J ....c: " Q.1i) ("J ,.." cO '1 :lJ () ..... '"", < '"", , '""·3 () "1 - ~. Ii) OJ ('J rT ~ '"j ~, ..... 3: ('J '1 I '1 ('J < U1 ';;I '1 ("'!" 0" ~ ,~" ::J ~ (l¡ \o-"~ 3 ('J .1' '1 3 ~,'"" J '" :.n '< cr Þ-I():lJ 0 ......:1; ..... ...... :J () rl' '"", ....."1'0 cr"'" o :J .',0 :1; ~. :; 'l J ...... () ;:.; ';;I '< ';;Ie. c') rT :J C .~ ."'"M ..... r-'( :: ~ ~ 3 1-" ," 3 ,<Q. '" :") r1' ~0 Q ~o ~ :J ~. '1"J '< '" - ill ......~ :J.:.) :J _';;I ~.., '"'"'( ill () n rî7;-' ~ :) Q 8 <. ::; 0 0 ,",";I::r~ --< 'J .-, ~. ... ...., .... ;-;':1; .... ~ ...., .... ~ ----, '3 :0 "1r"j r1' :; () ~ ;:; en ~, ;'";'" Q .'J () ~o ~., ~1 () < ,-, 'r ..¡- 'il 'ì ¡...., '"' ~ .... -' _ cr :, -. :0 :) < n ::r,> :) '< ~ - ~ :3 :J .... = ('J ", ~, ~. :lJ () "" U1 ~~ ~, ..... 3 :s ..... ~ ('J -, Q. ..... - :J ,() 0 :'¡J "1 -' 0 '< :5 ';;I () " ,., ';;I () < I - '::) ~ ;-r;-' , () ;::< :.J â ~. è0 '" ~ ~ ~ ..... c.~ :·1 Q" .3 > v ...;J 0 ;.; ~ '" ~ ~ :> ~ '. :.J ~. ~ ':ê ~ '" -0 .~ - - - .~ ~ ...,] '< é - - - - - - - - - > .::: ~ 0 -..;) - - c; :=> - ~ 1 .~ ~ ' .- - -z - - ~) - .::: ~. ~ - ..,. - - - - - - ---------------------------------------------------------------------- ~ i ..,. ::; .~ 1 v ,::¿ -= ,~ > 'e: < .,... ! -- i ,", , . > ~---------------~---~-----------------------_._--------~--------------- 1 ,¡ I I 10::: ~ I 1 1 I I -- " I I ~- - I . '. i I I I I!:º ~ ,... I I I ' ! 1 .....¡ t' ~ I i ¡ I i I ¡ !~ ~ I I I I I I I...: n ~ " ¡ I I I: I g ='1 . ,I , I 1 t1 n -----~--------- ---r-----~-----~-------r---..---------------------~--- ª I I I I I' I I I, I ...... I I I I ::;:: Ó'1 ='1 I I I 1;1 ;: n I ~ 0 l ! i ~ ~ 0 I t""1........ ~ I ~ 0 z (;1 . ----- --------- --- ----- ----- ------- --- --- ----- --- ------- --- § tJ:t;j 3: -- :>::IH H HG') t"' g~ t"' j t'1 !ó (;1 "d ----- --------- --- ----- ----- ------- --- --- ----- --- ------- --- ~ (;1t'1 cn~ ~ê ----- --------- --- ----- ----- ------- --- --- ----- --- ------- --- ( (;1(') nc: -:>::I 2;::) I I~ ~ 1t1 I 1M I;::) I I ---------------------------------------------------------------------- - "" -- ---"-' ARCHITECTURAL FIRMS FOR DECADE OF EXCELLENCE PARK PROJECTS This is a listing of the architectural firm's background and relevant experience in Palm Beach and Broward Counties including those of the engineering firms and landscape architects they may have assembled for these projects. CURRIE SCHREIDER ASSOCIATES, AlA, P.A. The Baseball School, Delray Beach Newport Bay Clubhouse, Boca Raton Pompey Park, Delray Beach South County Civic Center, Delray Beach Boca Raton Community Center, Boca Raton Miller Park, Delray Beach Okeehee1ee Park, West Palm Beach T Y Park Phase II, Hollywood WALLACE ROBERTS 5: TODD John D. MacArthur Beach State Park, Singer Island West Lake Park, Hollywood Congress Avenue Community Park and Tennis Center, Boynton Beach Urban Park and Recreation Recovery Plan, Broward County Veterans' Park Concept Plan, De1ray Beach Riverside Park, Coral Springs Esplanade, Fort Lauderdale Pondwood Park, Boca Raton John Prince Park, Lake Worth Dubois Park and Marina, Jupiter Okeeheelee Park, West Palm Beach Phil Foster Park and Marina, Riviera Beach Bert Winters Park and Marina, North Palm Beach Ocean Inlet Park/Finger Piers, Boynton Beach Lake Wyman Park and Marina, Boca Raton EDWARD D. STOIŒ, Jr. AIm ASSOCIATES C. B. Smith Park, Broward County Spanish River Park, Boca Raton Spanish River Park - Fisher Tract, Boca Raton Meadows Park, Boca Raton 23-Acre Park, Boynton Beach Boynton Beach Oceanfront Park, Boynton Beach West Lake Park, Hollywood Rolling Green Park, Boynton Beach Topeekeegee Yugnee Park, Hollywood Tradewinds Park, Broward County Boat Club Park, Boynton Beach Deerfield Island, Deerfield Beach Easterlin Park, Broward County Municipal Beachfront Area Revitalization, Lake Worth Secret Woods Park, Broward County Sherwood Forest, Coral Springs South Beach Park, Boca Raton Wiles Road Park, Coral Springs ACTS Multi-Purpose Center, Belle Glade Boca Pointe Tennis and Swim Club, Boca Raton Indian Spring Tennis and Swim Club, Boynton Beach I ¡, <, I , . I _.~ DIGBY BRIDGES IIARSB " ASSOCIATES City of Delray Beach Pavilion, De1ray Beach City of Delray Beach Police Facility, Delray Beach Delray Beach City Hall Expansion & Renovation, Delray Beach Lake Wyman Park - Waterfront, Boca Raton Sanborn Square, Boca Raton Old School Square, De1ray Beach Boca Raton Railroad Depot, Boca Raton Lake Wyman Neighborhood Park, Boca Raton Patch Reef Park, Boca Raton Spanish River Park Expansion - Fisher Tract, Boca Raton Boca Chase Park Sites, Boca Raton Griffin Park, Broward County , . PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: QID HARDEN. CITY MANAGER ~ J ~~OAJ FROM: VID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING DATE: MAY 29, 1990 SUBJECT: FIRE STATION #1, SITE APPROVAL From various correspondence I see that the CRA will be addressing site selection for Fire Station #1 at a special meeting to be held on Monday, June 4th and that the City Commission will be addressing the subject at its worksession on June 5th. Assuming that timing is important, I have scheduled this topic for Planning and Zoning Board discussion at a worksession on Friday morning, June 8th and for a formal recommendation at its regular meeting of Monday, June 18th. My purpose in placing the items on the agenda is to seek input from the Local Planning Agency (P&Z Board). If I am jumping the gun let me know and I will delete these items. Also, it may be necessary that the selected property be rezoned to accommodate such a community facility. Accommodating a rezoning (and its possible rejection) should be considered in the project development schedule. DJK/dlm c: Kerry Koen, Fire Chief Bob Barcinski, Assistant City Manager Gates Castle, City Engineer DJK/#63/FS.TXT W~,~ 1<11 ·Community /.,~ , Redevelopment ;:/'lR1~~~~\4[g(Q) iiÍiI a Agency I JL!l 0 5 90 . :===c~-~~ ~- ~~~~~~=~~~~~~ . Delray Beach CITY COMMISSION ,June c; 1990 ~ , J:v!ayor T-::Jn~ Lynch ~Tìd City CO"'.I'1issi0ners r-iru " , Delra'! Bea.ch 100 r'ï\~ 1st l...~ "'I e fl11 e Dell-2Y Be3.cr-1. FL 33444 Rp' Lc)c 2. t ion of NeT...! Fire He adquar 'C ~~r s / S tat:i Qr; # 1_ Buil...è:iI1G DF:'ar tv!ayor !_J ,{ r: -:.: h aT: (:1 Co~~n:issior-:e~s : This lS ':.0 e.C2'.ilS-2 '/ C) ~_l t~·3.t 2t êi S,,;!eci2.1 ¡,,[ :=:- ;:::J t- l Tî rT ':J :: ~I:.-::::: .~----"'--" C :< f.. h21è Jt~::e .~ , 199C, the CRA ll~ani~o1.1s1y voted lI: :.=:."vor clf ~ ' Chief KQY).......r Koen's r2CO~!~1eDè.a t. i'J:: 'Co locate tt:e tl~e ~.. ~ - ~ .r D. e',.7 Fire He2daua~te~s/Staci0~ # ~- Bui:.!..di::.a O!1 tAl;=::. ~ ;- Atlar~tic A Verlì.le lI:. Block 20 betT".!een N.W. 5ti1 _"t...'t..72 _ aT:C1 N.H. 6th Ave. I have taken t.he liber-tv of attachiI1c an e::{cerDt from a proposal submitted to the CRÞ. on ADril 14. 1989 bv· the West Atlantic ?:coDe:ctv O,,,ners Association er:dorsi"c "this same location. The constr1-,ctioI1 of this 82.85 million - . - . at this taclllty locatio~ rep~esents one !nO!"'2 "Ii tal step in our continuina effor-ts to revitalize and redevelop West Atlantic Aver:~e. If we can. !:Je c'r 2. n ~\l furtb.er- 2SSlst.aT1C2. p-=-e2se ~ ~- r~ ;:::-. -L >::::: L k~c'-:Ñ _ S;" "-"~ ...I...u ~_ t::2....: . þi/_~ O~ KP";--' Tl 'k',--r:::::;r .._"~.. ~_.c..1 ChalrI:'2:1 cc: D ;:: 'I ~ d H¿~·jeTl , City !"'12flace~ ŒJ 1 S,E, 4th Aven~e, SUite 204, Delray Beach, Florida 33483 (407) 276-8640 . a comprehensive MBE Program as described above. This is a complex undertaking in which the success of such a project is predicated on a nwnber of varied propositions Wo~king tI properly and methodically. IV. Swnrnary; ~ Although the W.A.P.O.~. has not embrë;ced in total the CRA Strategy for Redevelopment, there is some positiveness that has resulted in the initiation of this ~ffort. . Participation of the residents pas ensued in t~pn~ of th~ir views on community redev~lopment and a cOqlition i~ ~volving with the W.A.P.O.A, , P~q.cht+ee Association ªl1d the A community's ministerial alli~nce. To date, these group~ have been exposed to the city's plan for the immedi~te upgrade of vacant propertie~ on west ¡It Atlantic Avenue and þas YIholeheartedly supported this project. The W.A.P.O.A.. pas been brief~d on the Allamanda single family housing project and has endorsed this project. ~ The idea of building a new firestation and supportive administrative complex has been introduced to our members and there does exist support for this project if developed ~ ne~r the ~tlantic Avenue-N.W. 5th or 6th Avenue quadrants. There are a nwnber of other compelling issues that must be addressed and the CRA is advised to keep affected ,., voice residents informed, consider vieYls of the community's through the W.A.P.O.A. and be flexible enough not to thrust radical reform measure in this revitalization process. The ~ 9 ,IS -.'-----. 'E--------~o n :3 ^ v ~ _ .' n _ .., -. 1· .. ., -, .' (110 ....' 0'.J IL 4 uS ,JI ~ 01-' .9()/. OiÞ"'q- ~I W T "'~ r<)--- q,' f'-. '" ~ ~::.: <! Q>. - - -, ,,-~ ~ I' ,~w - ,-tJ 1y ~. - I TQ-. d) - '"' g if '" ~ r; ~ ;: - a: W - .. _ ~ '?.. .. .. .. .. .. ,95' I - .. .s ~ ~ '0> - 0 ' ~S 1M" :J '.' '. .. ~ .. .. I...::.... .. 0" '''..I ~~ ô ~ /"- ~ Ef ' c::r L. Iv ~.. f<') - z I t= ~ I ~.II ® rN\ '" '" â w 0 ~I \.:!y _ r- ðr '. .. ~ J. -.- "'S .,.ij I « .--~-PU2-::;t MN 3M_ g:-. '.. ,. " .. (2 r l .. :''''~b'''~'::: ,OJ I V\!s ~~ :> , .:J 8 S -~ -'Q I 0:: ( ~"7' '..... Ii .,..- .... VC, I ~ ~ . I- - '['" «) w ~H31N3J lVIJlon ® VJ _ ¢ '" ;; AINnOJ H: pJÇ' MN _ ....",. , 1 r;::;, "" ~ " .'"'' ~ - r I I ~. <{ '\. ® <>- ~ I~,,, ~ ~ - . 0 ~ Ç: Ë;; r; 1, ~( '" ...~ I T~ I .,,, P' ~ ~ ~ ~ c-.; ( ,,1 C 1);1\ C>; ~ - <I> ~ ~ ~ ~ ~ ~ '- ~. )I. 0 ~ ~.< .~ns::' 0 I I .s, w "> .þ:J. ,..'~ ~ ,~- ~, ____4~t7_ =i1r'~- -- MN t= ,7. 3^'tJ - .. "'Sr" "~~. .. 01 $' ,'" .5 0' }. .. .. 0' I' U ,t'" .. -.. ".'"" .. . . . . . . '0 '- ...... -= :. ( '5 -ç) ~ ;. I t~ at... I'- I - f ~ þ _~ t'.J -::.'='.r-. N-~.I-- r-- I ... ~ 9Z"'''' 0' H' 8 S ~ I- t<!;:: ':' ........ ~ ~ VJ " ~ r- ~ .... ~ ,...~ HJ ....... V'. '...... ~ ." .. fA- IfQ-.. , r- - C\J I~ .1\Nn /" --..... Ñ)\ ~ a:: g Ñ '" <J:)~ -<:> ~. >0 IV~ ' ----> ~ W ...J '<> "'.. ~ -.......... a: m \. -, ,- ."t: Ø-S of> .~~ .SL .o~:· - MJ___ 4.Ç; .~- - - MN ''"> .~ - - -3NJ- - ..... >- ,ft Ö .. " .. ...~, '" '" '" '- (9~i "1)ç;) -~ !9 ~ to ~ ~ ~: ~ " ~ "'- "'" ~ . ~ ' .-J I-..~~(/) 1= ':!! '-'" ,,~~~~ ~ ~ W ~ w 1- ~ "" ~ . ..... _ I Ie, I~, " ", 8< ~ <:f 3^'tJ 4.9....... L.::::: - -- MN r:: -I.. -, - -~ ~ ^'rJ II'-"',"~'·" ~Jr" - ® ~ C0 -;;:¡ I : ~ ~(" ~ ~ C N" ' 0 ~ I ,(/) '> ot' '" 11 ~~ _ .("J _ t\t ~ ~ ÞOrI -' ............. - .sr. ~ ~qJ ,#15 .IS·~ . 3^'tJ ~ IHL MN I .~.~ ^'rJ _ ~"'~ "'S,' 0' :0 _.'f. .DS " _ ~ _ ) N~) U) - .. - t'- -. ~ '" ~ I ° ~'" u. If) , O - 0 10" N r<").. a: - ''\ N ... B ...... ====€) I ;: a ~~ 's,=< ~ J ~~/ G ~ ~ ~ I. - '" 0 ' .I~.. m 0 ... ~ ,¡. "" ~ .. ..- - => ...J n, j 05 Os '" ~_ . . .$[f ,.f· ... _ 8,,11.0," CJ') m .. ~ ~.?^.'tJI--:: ::-: ~..-:;..,-r;7 :;-~'~'-::-l'~'~"S M,~\J ."., 1,·" .S::- '~:--: ~~-.-3NJ" ":": r- ~ ¡-.. J. . O'Ç . CD:! 't ... -- - ....... I :: en ~ : · c => :.~....- --:::- t<'I · -., e;:) I~'" ~ - C/) . - ~ C7I I -- N I ~ !;t" ~ r- "," '> '" ~.::........... - - -. 1-,- - ~ - ;' (/) ~ : ~ -..Þ ..... ra:¡·, ()) a a ,,:; "'-" 1 ~ ~ ø . . .0 _ N _ ~ 2 = -:: W -, ~ '-D ~_ ~ ~ ~<r. ~ :_ . .... ~ "I ~ .. S l wen !f-- I £-1)''' II "'-I) ., . .. .. ,- . . .. " .. ., ..¡- " ..., .. '. .' 1 .. " _'" To - ~ ~ ~ .." .," ') 3^ 'tJ 4 16M N 0 0'" 0 C\J 2 ---.:. I ~ 11 3 NJ ¡r~_1 .S,' 0' .. W "I" ..., .. 0' '.' .S"" ]," " . Os "So'~ · -::;: ~".. 0, 0, I . .... . .... '.' J"' ". .)'" -OJ. .~ 'J::> . . ~ 0 ,.-- .. ~ ~ 'I~ ~ ~ en - ---!--.~ ~; , ~ ~~ 0:: ú) ~ I Ii:. to "" - ," Iu- ..... <C ~ - - k' IV} L~I I I ~~I'~I I" 'g~~ ~:; ("I 1-, I 101 , PR0FESSIONAL FIREFIGHTERS OF DELRAY BEACH LOCAL 1842 INTERNATIONAL ASSOCIATION OF FIREFIGHTE S[R1~©~~W~[Q) P.O, BOX 583, DELRA Y BEACH, FLORIDA 33447-05 /MY 0 7 90 ~ CITY COMMISSION Mal¡ II, ;':(10 :Vlr. nl[Jma~l Lvrwh, V]c}VDr [itV of Delea" L)e¿-J,:fl 1 DO ~\'. uJ. i'\ \,(.~ r~Uf:' Dp~ra\' eeac:tl, F L ~y,I¡I, Df!él!' ,vlrl\.ur I.\jnc,:r\, I tHo! Proft>c,";lC)f';¡[ t· j!'t~1 ~lJ: ) [,(![':,: uf Cr,:. "IV C)oach, [,i\FI~ Local 1f\I~i IMistl VI ["I;quf~sL é\ )Olrlt liif~Fti:1ri \"'IL~: ~:ìI=' r~;I,; ''''''Tlliìi"sior: dncj th¡:! FratYITléJl Ckup/, of Pulice. ill Hll:! purp0513 D f U\ i ~ì rTlt'fè! till!] \NDU] L1 ',¡~ to oj scuss twu is::;u8~:ì. ¡'i'lE'] P i r~ì t i'.; U'lP l'uumt curr'''J5pOïld¡:.}nu~ Il'om thE' ():,LJ~f? In~¡uI'éJîìce Commissioner's Dff (co (,8SILlrdíng th:,' c: it\}':; ,JI' ¡jÙI¿clllces rl';,] l.eU to pension mat tel's. Sec- on¡j}v, Iflie are sL~ekjnq ar:5\./er."ì ,C¡Lout till? FuJ;ul'C' ann past, monies t'ìat th¡.~ c:itv has 1'8cie\ipli f¡'c.lr~\ L-)[~ir u~'t'jL'c. Thank Vou ill i'iCÍ\ldnce PUl' 'lour at.LlJ\1tion :"0 t.his matter, a rn['!(~t.ing at Vour earliest corn/Pilieflee wuulri be twe<::¡t!v ,lppreciaterj. Sinctm:!l y, 'Î I ~ ,tL 1 _ ,~JooC.-:;y~L\.- v John Toma::ìzB\Nski, IJresident ~ I.Á,FF, Loea! 1842 cc: I"'an) McCartv, \/ice :"'Ié\\,'nr William Andrews, Deput\,' Vice ¡"1a'jof Ja'i Alperin, Commissiun8!' David Randolph, CnrnmissiDfIE'[' ~ wsJ4 II --' 1 . . fR1~(Ç~ßWl~[Q) MAY 0 7 90 DELRA Y BEACH, LODGE 94 CITY COMMISSION P,o. BOX 488 DELRA Y BEACH. FLORIDA 33444 GERALD F. PITOCCHELLI President RUSSELL L. ANZALONE Vice President MEMORANDUM KENNETH F. HERNDON Secretary SAL V AT 0 R.E J. ARENA Treasurer TO: Mayor T. Lynch Commissioners: J. Alperin B. Andrews M. McCarty D. Randolph FROM: Gerald F. Pitocche11i DATE: May 7. 1990 SUBJECT: M&ETING O~ CO~~SSION~1Q UNION REPRESE~TATIVEª At this time we are requesting to set up a meeting with the City Commission and representatives of the F.O.P. and Fire LB.F.O. Unions to discuss the 175/185 issue. Please advise an appropriate date and time that is conduc i ve to all of your schedules. Thank you for your cooperation in this matter. · M E M 0 RAN DUM TO: David T. Harden, City Manager FROM: Alison MacGregor Harty, City Clerk SUBJECT: Standardization of Operating Criteria for City Boards and Committees DATE: June 1, 1990 At the City Commission's special meeting of May 29, 1990, discus- sion was had concerning the need for standardization of certain criteria with respect to the various City boards and committees to better effect their smooth operation. It was the Commission's consensus that this matter be scheduled for further consideration at the June 5, 1990, workshop meeting. As back-up for this item, John Elliott, Assistant City Manager for Management Services, has provided an overview of the City's boards and committees which sets forth the general parameters of operation for each, along with copies of germane City ordinances and/or Florida Statutes. Because of the amount of information to be reviewed, the Clerk's office has prepared the attached matrix to assist in the stan- dardizing of the general operating criteria for each board and committee. Briefly, we have addressed the following areas: (A) Membership Requirements: Addresses both technical and non-technical positions; shall there be a residency require- ment and/or place of business; any special considerations? (B) Term: Addresses number of years per term; uniformity of expiration dates, and reappointment standards. (C) Number of Members: Self-explanatory; provision for regular and alternate members. (D) Meetings: Addresses frequency, meeting time and location. If it is the Commission's desire to have all boards and committees meet in the evening, careful consideration will have to be given to scheduling logistics. (E) Staff Support: Addresses the type of support provided by staff to the various boards and committees. Two ( 2) matrix sheets have been provided. The first has been completed by staff to show the current status of the "mechanics" for each board. The second matrix sheet has been left blank and is intended for use as a worksheet by Commission members for them to indicate their preference as to the various criteria. E:> - , As soon as direction has been received from the Commission, staff will proceed with its implementation, including the preparation of any ordinance changes which may be necessary to enact these policies. Should you have any questions regarding this matter, please do not hesitate to contact me. AMH/m Attachments cc: John Elliott, Asst. City Manager, Mgmt. Services Robert Barcinski, Asst. City Manager, Comm. Services Anita Barba, Board Secretary/Liaison --. . ". 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I I ~ I -. , '- ,I ~~,; \..- ,. \ ',- "'~ L I ¡ 'I I Item 5: Standardization of Operating Procedures for City Boards/Committees Membership Requirements criteria to be as broad as possible in order to get the best people that the community can put on the boards; people with a vested interest in the community (defined as people who either live in the City, own a business (being a sole proprietor, a partner or stockholder, or manage or operate a business, or own property in the City. / The foregoing to be the policy guideline, with special criteria applicable to certain boards as determined by the Commission (example: the Education Board) . Term: Terms are to be for two (2) years unless otherwise designated (ex: mandated by state statute). General policy of no more than two (2) consecutive terms, plus any unexpired term an individual may have been appointed to; after that, an individual must sit out at least one ( 1) year on a given board. Reappointment is not automatic; in fact, the term 'reappointment' is not to be used. If an individual is interested in being reappointed to a board, it should be so noted in the backup, but not on the agenda. Agendas will show only "Appointment to" a board. Miscellaneous Points: Housing Authority appointments. Presently, State statute provides that appointments to the Housing Authority are to be made by the Mayor. Consensus was that each Commissioner would, on an informal basis, take turns making a recommendation to the Mayor which he may choose to accept and then have a motion made. On agenda, this arrangement should be shown as follows: "Informal recommendation will be requested by the Mayor of Seat # " (according to the rotation procedure). --- Policy re Serving on more than one board at a time: Policy is to be that an individual cannot serve on more than one advisory board at a time. Ms. McCarty pointed out that there is one case where we have a member of the community who serves on two boards and she requested that the City Manager contact that person and ask which board they would like to stay on and then fill the other one. So from here on out, you cannot be on more than one advisory-type board at a time; ad-hoc committees or task forces are different. , Mary made a suggestion for when they do the appointments in August: There will be nine (9 ) members on each board (P&Z and CAB/Site Plan Review) . . . that theCommission go by seat # (I, 2, 3, 4, 5, then back to 1, 2, 3, 4) through the first nine appointments, then start with seat #5 for the next board through the entire eighteen appointments. 18 appointments all at once on August 28th. On Historic Preservation Board: Remain at 7 members, with no alternates Some discussion re problem areas in the past where there were conflicts with CRA as well as Code Enforcement; some question as to where Historic Preservation Board takes over with respect to code enforcement, site plan approval and building permits. Look at the Historic Preservation ordinance to see if the authority the Commission thought they gave the board are the right ones Mary: I have asked now for several months that the Historic Preservation Board look at their ordinance and come back to the Commission with a list of things that they will willingly relinquish so that the ordinance can be amended accordingly. They keep saying that they are waiting on design guidelines, but that has been for three years now, and I don't want to wait anymore. I don't know why they can't have one workshop and go through it and relinquish this power over insignificant things. Come back within 30-45 days or we will do it for you. Check with Stan if there is a list of things that they approve. ON meeting time: Direction from Commission is to go to evening meetings. Review need for secretarial support with Stan. Also, look at scheduling those items which require legal support at ä particular portion of the agenda or a time certain. BOARD OF ADJUSTMENT: Stay at 5 members with two alternates; Susan Ruby pointed out that the Board recently voted to change their rules to have a 7:00 p.m. meeting time on the second and fourth Thursdays. EDUCATION BOARD: 7 member board (no Commission member sitting); extend sunset date to July 12, 1990 and then the board will appointed formally in July with 7 members at two year terms, to meet at 5:30 p.m.; scope of responsibility pretty well defined; as for membership, it would be the original criteria plus any person who has a child who attends a Delray Beach school When the boards are appointed in July, the Commission will have the option to appoint those members now sitting or make new appointments. ~ ARTICLE 2.2 ESTABLISHMENT OF LAND DEVELOPMENT BOARDS This Article establishes the Boards which are primarily responsible for the implementation and application of these Land Development Regulations. General provisions which govern each Board along with specific provisions for individual Boards and establishment of powers, duties, and responsibilities are set forth herein. Section 2.2.1 General Provisions (A) Qualifications (B) Compensation and Reimbursements (C) Appointment and Term, Officers (D) Meetings (E) Removal of Members, Vacancies (F) Assignment of Administrative and Legal Support Services Section 2.2.2 The Planning and Zoning Board Section 2.2.3 The Site Plan Review & Appearance Board Section 2.2.4 The Board of Adjustments Section 2.2.5 The Board of Construction Appeals Section 2.2.6 The Historic Preservation Board 2 .,,~ ck \1'8'4e, in -.:Þ\Get Section 2.2.1 -'=-- ~¥ ~~#~$¥~1r~he following general provisions apply to all Boards esta lished under this Article. Additional provisions pertaining to any of the following matters may be found within the Sections pertaining to individual Boards. \c , Q....' . , \\b\' ~ (A) Qualifications: A member shall either be a resident of L, .~ (4--~ " ~ the City or shall have his principal place of business in the \,c!' .~~ City. No member shall hold another public office or position " \Y " ~) ,,\ "I within the City government. Additional qualifications may be !, '. . '.tY"". established for individual Boards. ~~',.,v~ ) (B) Compensation and Reimbursements: All members shall serve without compensation. Reimbursement of expenditures incurred by members in the performance of their duties shall be provided pursuant to policies of the City Commission. The cost of general operating needs shall be a part of the budget of an operating department or division as assigned by the City Manager. (C) Appointment and Term, Officers: ( 1 ) Members of a Board shall be appointed by the City Commission. A term shall consist of two years or the completion of an unexpired term and the subsequent two years; except in the case of reorganization or reconstitution of a Board in which case three members shall be appointed for an initial term of one year. A member shall not serve more than two successive terms on a Board. - 1 - ( 2 ) A Board shall elect from among its members a Chairperson, Vice-Chairperson, and 2nd Vice-Chairperson. Elections shall be held at a Board's regular monthly meeting in June of each ye.ar. The Chairperson shall call all meetings of a Board to order and shall conduct business pursuant to Roberts Rules of Order. In the absence of the Chairperson, the Vice-Chairperson shall call and conduct meetings. In the absence of both, the 2nd Vice-Chairperson shall call and conduct meetings. In the event of a vacancy in an office, a Board shall hold a special election for any such vacancy when a full membership has been appointed by the Commission. An of f icer may succeed himself. ( 3 ) An employee of the City shall be designated as an "Ex-Official" member of a Board and shall sign documents as the Secretary of a Board. (D) Meetings: In addition to required meetings set forth specifically for each Board, additional business meetings and work sessions may be held as desired. All meetings shall be notice pursuant to Section 2.4.2(A) and open to the public. (E) Removal of Members, Vacancies: ~~r~~~ (1) Members of a Board shall be removed by ~ City Commission upon a finding of inefficiency, neglect of uty, or malfeasance in office. The missing of three consecutive!business meetings of a Board shall automatically constitute a finding of neglect of duty. ( 2 ) Vacancies which occur because of resignation, removal, or expiration of a term shall be filled with a new appointment or reappointment pursuant to policies of the City Commission and requirements of Subsection C(l). (F) Assignment of Administrative and Legal Support Services: ( 1 ) The City Manager shall assign appropriate staff, pursuant to Article 2.1, to assist each Board in the performance of its duties. ( 2 ) The Chairperson of each Board may request the services of the City Attorney for any meeting of that Board. Other services of the City Attorney shall be obtained through the standard operating procedures of the Administration. Section 2.2.2 The Planning and Zoning Board (A) Creation: A Planning and Zoning Board for the City of Delray Beach is hereby created under the authority of the City Charter Section 3.08. - 2 - (B) Local Planning Agency: The Planning and Zoning Board is hereby designated as the Local Planning Agency for the City of Delray Beach. (C) Composition: The Planning and Zoning Board shall consist of seven (7) members. (D) Meetings: The Planning and Zoning Board shall hold at least one regularly scheduled' business meeting each month with said meeting being duly noticed and held in the evening hours. (E) Duties, Powers, and Responsibilities: (1) The Board shall prepare and maintain a Comprehensive Plan in compliance with the Florida State Planning Statutes (163 and successor legislation) and Part V.B.4 of the Comprehensive Plan. (2) The Board shall, on an annual basis, prepare a formal Evaluation and Appraisal Report (EAR) of the Comprehensive Plan and shall transmit said report to the State Department of Communi ty Affairs (DCA) through the City Commission. The EAR shall address items identified in Part V.C. of the Comprehensive Plan. (3) The Board shall, on an annual basis, in a public meeting, review reports prepared pursuant to Part V.B.1 and V.B.2 of the Comprehensive Plan. (4) The Board shall, on an annual basis, in a public meeting, review the proposed capital budget for the ensuing fiscal year pursuant to Part V.B.3 of the Comprehensive Plan and shall be guided by Policy F-2.2 of the Public Facilities Element. (5) The Board shall hold a public hearing(s) in the winter months of each year for the purpose of obtaining public input before prioritizing capital improvement needs for the subsequent fiscal year. (PF F-2.1) (6) The Board shall review and make recommendations to the City Commission with respect to the following items, pursuant to the procedures and standards of the Land Development Regulations ( LDR) : * Amendments to the Comprehensive Plan and to the Future Land Use Map * Rezoning of land and changes to the text of any portion of the Land Development Regulations (LDR) * The annexation of territory to the City * Establishment of a conditional use * The abandonment of right-of-ways or public easements excepting single purpose easements - 3 - * The approval or denial of site and development master plans as required in certain "planned" zoning districts * The establishment or change in street names ( 7 ) The Board hereby has the authority to take action on the following items pursuant to the procedures and standards of the LDR: * Approval or denial of a preliminary subdivision plat * Certification of final subdivision plat * Granting of relief from the number of parking spaces required for specific uses * Approval of certain site and development plan, modifications and extensions thereto * Determinations of Similarity of Use ( 8 ) The Board shall be consulted when it is necessary to make findings addressing consistency between Land Development Applications (LDA) and the Comprehensive Plan. The Board must make such findings for any LDA which goes before it. (LU A-5.6; CIE A-7») I ( 9 ) To provide "good offices" and assistance to other governmental boards, commissions, and committees in the fulfillment of goals, objectives, and policies of the Comprehensive Plan. Section 2.2.3 The Site Plan Review and Appearance Board ( A) Creation: A Site Plan Review and Appearance Board for the City of Delray Beach is hereby created. The purpose of this Board is to promote certain functional and aesthetic goals, objectives and policies as set forth in the City's Comprehensive Plan. (B) Composition and Special Qualifications: ( 1 ) The Site Plan Review and Appearance Board shall consist of five ( 5 ) regular members. In addition, there shall be two ( 2 ) alternate members. In the absence of a regular member, an alternative members shall be called to sit, and act on behalf of the regular member by the Chairperson of the Board. ( 2 ) Two regular members of the Board shall be registered architects; one member shall be a landscape architect or a person with expertise in landscaping or horticulture; and whenever feasible, one of the alternate members shall be a registered architect. - 4 - (C) Meetings and Quorum: ( 1 ) The Site Plan Review and Appearance Board shall hold at least one regulårly scheduled business meeting each month with said meeting being duly noticed and held in the evening hours. ( 2 ) Four members of the Board, either regular members or alternates, shall constitute a quorum. (D) Duties, Powers, and Responsibilities: ( 1 ) The Board hereby has the authority to take action on the following items pursuant to the procedures and standards of the LDR: * Certain site and development plans * Preliminary and final landscape plans * Master sign Programs * Signage as required by Section 3.7.7 * Appeal of administrative interpretations made in application of the sign code and the landscaping code * Architectural Elevations * Streetscape and Landscape features e.g. walls, fences, lighting, dumpster enclosures, etc. ( 2 ) The Board shall review and make recommendations to the City Commission with respect to the following items, pursuant to the procedures and standards of the Land Development Regulations ( LDR) : * ( 3 ) To provide "good offices" and assistance to other governmental boards, commissions, and committees in the fulfillment of goals, objectives, and policies of the Comprehensive Plan. Section 2.2.4 The Board of Adjustments ( A) Creation: A Board of Adjustment for the City of Delray Beach is hereby created under the authority of the City Charter Section 3.08. (B) Composition: The Board of Adjustment shall consist of five regular members. In addition, there shall be two ( 2 ) alternate members. In the absence of a regular member, an alternative members shall be called to sit, and act on behalf of the regular member by the Chairperson of the Board. - 5 - (C) Meetings and Quorum: (1) The Board of Adjustment shall hold two regularly scheduled busine'ss meeting each month. However, the required regular meetings shall be cancelled if there are no petitions before the Board. ( 2) A quorum of the Board consists of four ( 4) members. The concurring vote of four (4) members shall be necessary to decide in favor of an applicant with respect to reversing a decision of the Chief Building Official or the granting of a variance. (3) The Chairperson may administer oaths and compel the attendance of witnesses. (D) Duties, Powers, and Responsibilities: (1) The Board hereby has the authority to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Chief Building Official, with the exception of interpretations of use matters and other items specifically preempted or granted to others pursuant to these Land Development Regulations of the City, with respect to matters of enforcement and jurisdiction of the Chief Building Official and these Land Development Regulations. ( 2) The Board, so long as its actions are in conformity with the terms of these Land Development Regulations may reverse or affirm, wholly or partly, or may modify the order, requirement, or decision, or determination appealed from and may make such order, requirements, decision, or determination as ought to be made, and to that end shall have powers of the Chief Building Official from whom the apeeal is taken. _ 1-Lc.",,) ~ ~t~~ '\..~~~...A-~\e~~ Sc+~t\.'.. ~.d\.tW -1.3:~ (3) The Board here~has the authority to grant variances1 from the provisions of: tao ~~lBt! ìc; L ,u:quirellltIJ....btt'" i~_1. . .-Lnn; "id'la 1 7oJ;liRª, àis~riçrt:o. rom the provisions of the supplemental district regulations (Article Q]) except where said· I. . authority is expressly prohibited or granted to others~ (~~3.J"~ ~prohibi tions include, but are not limited to: ~ jI «'< J . ti_ 'h~ (q) use varlances ~ C \a (~) consideration of architectural elevations 1)~ 'ttI\ · (4) consideration of landscaping plans ~4S' (~ variances for signs and signage ' I (~) any action within a designated Historic ~ Preservation District or upon a Historic Site (~ variances to height regulations - 6 - ( 4 ) To provide "good offices" and assistance to other governmental boards, commissions, and committees in the fulfillment of goals, objectives, and policies of the Comprehensive Plan. Section 2.2.4 The Board of Construction Appeals (A) Creation: A Board of Construction Appeals for the City of Delray Beach is hereby created. The purpose of this Board is to provide an avenue for relief, when warranted, from provisions of certain building and construction codes. (B) Composition and Special Qualifications: ( 1) The Board of Construction Appeals shall consist of nine members. ( 2 ) The composition of the Board shall be as follows: two ( 2 ) general contractors; one ( 1 ) master plumber; one ( 1 ) architect; one (1) master electrician; one ( 1 ) air conditioning contractor; one ( 1 ) sign contractor; one ( 1 ) real estate broker or insurance agent; and one (1) professional engineer. ( 3 ) All members shall have actual previous experience in their respective trade or profession to a degree deemed sufficient by the City Commission. (C) Meetings and Quorum: ( 1 ) The Board shall hold at least four regularly scheduled business meeting each year. ( 2 ) Five members of the Board shall constitute a quorum. ( 3 ) No action shall be taken on any matter except upon the concurring vote of not less than five members. (D) Duties, Powers, and Responsibilities: ( 1 ) The Board hereby has the authority to take action on duly filed appeals with respect to the action of the Chief Building Official concerning interpretation, administration, or enforcement of the following: (a) Building Code, Article 7.1 (b) Gas Code, Article 7.3 (c) Mechanical Code, Article 7.5 ( d) Plumbing Code, Article 7.6 (e) Electrical Code, Article 7.2 (f) Housing Code, Article 7.4 (g) Elimination or Repair of Unsafe Buildings, Art 7.8 (h) Moving of Building - 7 - (2) The Board, so long as the action is in conformity with the terms of these Land Development Regulations, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make the order, requirement, decision, or determination as should be made, and to that end shall have powers of the Chief Building Official from whom the appeal is taken. (3) To provide "good offices" and assistance to other governmental boards, commissions, and committees in the fulfillment of goals, objectives, and policies of the Comprehensive Plan. Section 2.2.5 The Historic Preservation Board (A) Creation: A Historic Preservation Board for the City of Delray Beach is hereby created. The purpose of this Board is to foster and promote the recognition, protection, enhancement and use of historic resources in the City of Delray Beach and to have a lay body which shall have authority to act on matters pertaining to historic preservation. (B) Composition and Special Qualifications: (1) The Historic Preservation Board shall consist of seven members. (2) It is intended that members of the Board will be persons of knowledge, experience, judgement, and background, and have personal or professional interest or experience in historic restoration and preservation. And that they will have the ability and desire to act in the public interest and represent, insofar as possible, the various special personal and professional interest required to make informed and equitable decisions concerning the preservation, conservation, and protection of historic districts and structures. (C) Meetings and Quorum: (1) The Historic Preservation Board shall hold at least one regularly scheduled business meeting each month. (2) Four members of the Board shall constitute a quorum. (3) No application for a Certificate of Appropriateness shall be denied except by the vote of a majority of the entire Board (normally four votes). - 8 - (D) Duties, Powers, and Responsibilities: (1) Develop, maintain, and update a survey of archaeological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor to improve, expand, and make more accurate the survey as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate the survey. The Board will work with the City Historical Society, the State Bureau of Historic Preservation, the Historic Palm Beach County Preservation Board, and other appropriate public and nonprofit organizations in developing this survey. (2) Nominate properties for designation, and regulate and administer such properties, structures, buildings, site, districts, and the like so designated as historic sites and/or historic districts. ( 3 ) Participate in the National Register program in this state to the greatest possible extent, as defined by the 1981 and subsequent amendments to the Historic Preservation Act of 1966 and regulations and rules drafted pursuant to those amendments by the National Park Service and the State Bureau of Historic Preservation ( 4) Act as a regulatory body to approve, deny, or modify certificates of appropriateness as specified by Subsection 174.30 through 174.33. (5) Make recommendations concerning zoning code amendments to the Planning and Zoning Board, and concerning building code amendments to the Chief Building Official. (6) Act in lieu of Board of Adjustment. The Historic Preservation Board shall act in lieu of the Board of Adjustment and is empowered to grant variances 'from existing ordinances for properties designated as historic sites, within designated historic districts or listed on the Local Register of Historic Places. In addition, the Board is empowered to grant variances from the sign code for those nonconforming signs which existed at the time of enactment of the sign code. (7) Develop, establish, and regulate guidelines concerning contemporaneous architectural styles, colors, building materials, and so forth for historic sites and wi thin historic districts. Such guidelines will be subject to review by the Community Appearance Board and the Planning and Zoning Board, and will be subject to approval by the Commission. The Board's consideration and approval of certificates of appropriateness under these guidelines shall be in lieu of consideration and approval by the Community Appearance Board. - 9 - ( 8 ) Make recommendations to the Commission about facade easements, the imposition of other restrictions, and the negotiation of contracts for the purposes of historic preservation. END:DJK 1/29/90 DJF/#2/LDRBRDS.TXT - 10 - City Advisory Boards and Committees 32.02 Composition of Board and Committees; Generally. 32.03 Membership Qualifications/Requirements. 32.04 Length of Terms; Restrictions. 32.05 Expiration of Terms. Commencement of Terms. 32.06 Vacancies. 32.02 Composition of Boards and Committees; Generally. Generally, City Advisory Boards and Committees shall be composed of five ( 5 ) or seven regular members ( 7 ) and two (2 ) alternate members, except as may be provided for by Florida Statutes, Special Act or elsewhere within the Code of Ordinances of the City of Delray Beach. 32.03 Membership Requirements. Members serving on advisory boards or committees shall possess sufficient knowledge, experience, judgement or background necessary to competently serve the board or committee to which they are appointed. Members shall be residents of or own property in the City and/or own, manage or operate a business within the City, except as may be provided for by Florida Statutes, Special Act or elsewhere within the Code of Ordinances of the City of Delray Beach. 32.04 Length of Terms; Restrictions. (A) In general, all appointments shall be for a two year period, except as may be provided for by Florida Statutes, Special Act or elsewhere within the Code of Ordinances of the City of Delray Beach. (B) In the case of reorganization or reconstitution of an advisory board or committee, three members shall be appointed for an initial term of one ( 1 ) year, with the balance of the members being appointed for an initial term of two (2 ) years. Thereafter, all appointments shall be for two years. (C) No member shall be appointed for more than two ( 2 ) successive terms (original term, plus one additional term). A member who has been apPOiI).~tq. ..t;o fill an unexpired term shall remain eligible to serve tw6} . year successive terms. (D)~No advisory board or committee member shall be eligible for ,appointment to the same board or committee for a pe~~9dr.C?f one (1) year Upon completion of the maximum allowabre¡iterm of membership as described is Section 32.04(C) above. (E) No member shall be authorized to serve on two or more advisory boards or committees concurrently. However, a member may serve on a task force or ad-hoc committee upon approval by the City Commission in addition to holding an advisory board or committee membership. 32.05 Expiration of Terms¡ Commencement of Terms. 1. Expiration of Terms. J All advisory boards, committees (regular and ad-hoc),jtask force appointments shall expire as follows: (A) Board of Adjustment, Board of Construction Appeals, Community Appearance, Planning and Zoning, and Historic Preservation board memberships shall expire at 12:00 midnight on August 31~=~. (B) All other boards, committees (regular or ad-hoc) and task force memberships shall expire at 12:00 midnight on July 31, ~ except for the Civil Service Board, Code Enforcement Board, Community Redevelopment Agency, Downtown Development Agency, Delray Beach Housing Authority, Police and Fire Pension Board, and the Public Employee Relations Commission which are governed by Florida Statutes or Special Act. 2 . Commencement of Terms. /. '\f" ( 1) Alllf'1!.8.rd membership .'clppointments to b-Q mad e aftilr'~ a-f-o-r-es-aw dat-e-s- referred to in Section 32. 051,(A) shall commence at 12:01 a.m. on September 1_ 19%. Those referred to in Section 32.01(B) shall commence at 12:01 a.m. on August 1~. 32.06 Vacancies. Where a vacancy is caused by the resignation or removal of a member prior to the expiration of their term, a member shall be appointed to complete the unexpired term only. - --- ~"""""t Þ' OVERVIEW & LISTINGS CITY OF DELRAY BEACH BOARDS, COMMISSIONS, AND COMMITIEES PREPARED 1987 REVISED 1990 (ACM/MANAGEMENT SERVICES) 5/90 · , TABLE OF CONTENTS --tEACH ADVISORY COMMITTEE nC ,'fI '-I ~ Called as needed., ~BEAUTIFICATION TASK FORCE ,Yì.C' /'1,'\ Third Thursday of the month at 4:00 P.M, Ll. r ---, j '-- BOARD OF ADJUSTMENT ~ Second and Fourth Thursday at 4:00 P.M. If rules are approved by the Commission, it will change to first and third Thursday at 7:00 P,M. Cl-C~ - f:Pf(L)l.fH BOARD OF CONSTRUCTION APPEALS PI - / 'J .--1:: i.') ¡ r' i J ' '(~.{, t. I Third Wednesday at 5:00 P.M. as needed.· Û ..jCIVIL SERVICE BOARD ,"\\ ',)L! / rnr/1^ ., Called as needed. f.... i-·l . ~ ':/,,_1.-' ~_~- , ! c' CODE ENFORCEMENT BOARD . ~J . ßh{:Ç\~" D. Jí~.:i ~ Second and fourth Tuesday at 1: 30 P. M. 1'"'::.:1 t' ,( ~I \ t:,¡., I ¡COMMUNITY APPEARANCE BOARD ~:'¡¡ ,_I ('-!CLCF: Second and fourth Wednesday at 7:00 P.M. '¡-OMMUNITY REDEVELOPMENT AGENCY '.! : ¡, Second and fourth Monday at 6:30 P,M. L.CY(.'L"L{l'::' }...'\"ðJ',·( :. ~OWNTOWN DEVELOPMENT AUTHORITY , '., \ ¡' (', First and third Monday at 11:30 A,am.~ i \", .<.tc"...- '- ~DUCATION BOARD _ <KÇ, '"0\)/ i ,C~u ( " First and third Monday at15:30 p, , ¡GENERAL EMPLOYEES RETIREMENT .~UND COMMITTEE Called as needed. (\'Iì(\¡. 1'.6\ \ ,j'HISTORIC PRESERVATION BOARD, ! µ " ~'\) Third Friday at 8:00 A.M. R\f&1.,cr¡ ....rd.,:,\.ß..-l-C.... ~HOUSING AUTHORITY ~..~ ¡<H/P (¡)f.JcLPtl Regular meetings on the second and fourth Wednesday at 3:00 P.M.; Workshop meetings on the first and third Wednesday at 3:00 P.M. ~HUMAN RELATIONS COMMITTEE . Second Tuesday at 4: 00 P. M. L~c,(\ I c.'lJ ;...J I ~ KIDS AND COPS~'¡'1I~I'[ _ ~I Cllp I Once a month at 7:00/ P.M. I PLANNING AND ZONING BOARD \~ ; 'c '¡"-... w) ¡\ \v\t'~'J.:J ~egUlar business meetln 'is the thir onday of the month; two C'~~/} workshop meetings, one on the second Friday at.8:00 A,M., and one f on the fourth Thursday at 7:00 P.M. Other meet1ngs as needed. POLICE AND FIRE BOARD OF TRUSTEES , ~~~O~\0~~ Third Friday at 8:30 A,M. ((ì10L\C:'¡~_~~~O~ ~ PUBLIC EMPLOYEES RELATIONS COMMISSION Quarterly unless there is needed business. (\ 0 I I ¡ 1 \ ~" ! . . I BEACH ADVISORY COMMITTEE I. Generally Established by Commission Resolution No. 56-85. Mayor's Task Force, Advisory only. II. Number of Members Five regular members; one from the north beach area, one from the south beach area, one from the area west of the Intracoastal Waterway, one from the area west of 1-95 and one from the Chamber of Commerce. III. Duration of Term One year unrestricted. IV. Membership Requirements City residents. V. Meetings At least once monthly. VI. Duties To work with Parks and Recreation Director in advising City Commission of any and all matters regarding the needs of the public beach, , BEAUTIFICATION TASK FORCE I. Generally Established by Ordinance 66-85, effective July 19, 1985. II. Number of Members Five regular members and five alternate members. III. Duration of Terms Two year terms. IV. Membership Requirements One regular and one alternate member shall be appointed from the Historical Society, the Garden Club Parley, the Chamber of Commerce, the Beautification Committee and the Beach Committee. V. Meetings Meetings are scheduled for the third Thursday every month at 4:00 p.m. or special meetings as needed. VI. Duties Promote and maintain beautification efforts within the City; set beautification objectives; plan beautification projects and oversee their execution; provide funding for beautification projects within the City. In reality, this committee has been functioning primarily to review the beautification plans for the City's Comprehensive Plan for the beautification of major arterial roadways. Early in the process, they made the recommendation to fund the project through a 1% increase in the utility tax. The membership has become somewhat weak as there is no longer the old Beautification Committee to draw from, and, as I understand it, the Beach Advisory Committee is being retired as they have completed their task. If the City Commission wants to have the current committee with its membership continue to function until the beautification projects funded through the Utility Bond are completed and then disband, the ordinance will need to be revised. Note: Ordinance 66-55 was omitted from recodification, effective July 1, 1988. , . ORDINANCE NO. 66-8S AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRA Y BEACH, FLORIDA, A~IENDING CHAPTER 2, "ADMINISTRATION" , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW ARTICLE IX, "B EA UTI FICA TION TRUST FUND CO~lmTTEE" , AND ADDING SECTION 2-136, "CREATION OF A BEAUTIFICATION TRUST FUND COMMITTEE" , TO PROVIDE FOR ESTABLISH~IENT OF THE BEAUTIFICATION TRUST FUND COM~llTTEE; TO PROVIDE FOR COMPOSITION AND APPOINTMENT OF CO~I~llTTEE MEMBERS; TO PROVIDE FOR ORGANIZATION OF THE COM~IITTEE; TO PROVIDE THE TERMS OF APPOINTMENT; TO PROVIDE FOR THE FILLING OF VACANCIES AND REAPPOINT~IENTS ; TO PROVIDE FOR QUORUM REQUIRE- MENTS; TO PROVIDE AUTHORITY TO ADOPT RULES AND REGULATIONS; AND TO PROVIDE FOR REQUIREMENTS UPON THE EXPENDITURE OF CERTAIN FUNDS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 2, "Administration" . of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to by adding a new Article IX, "Beautification Trust Fund Committee", to read as follows: ARTICLE IX. BEAUTIFICATION TRUST FUND COMMITTEE Sec. 2-135. Beautification Trust Fund Committee Established. (l) Establishment. There shall be established within the City of Delrsy Beach a Beautification Trust fund Committee which shall work with the City Council to promote and malntaln beautification efforts within the City of Delray Beach; to set beautification objectives; to plan beautification projects and oversee their execution; and to provide funding for beautification projects within the City of Delray Beach that shall benefit the general public. (2) Composition; Appointment of Members. The Committee shall be composed of five (5) regular members along with five (S) alternate members. The City Council shall appoint the regular and alternate members. There shall be one (l) regular and one (1) alternate member appointed from the Historical Society, the Garden Club Parley, the Chamber of Commerce, the BeeutlficetiQn ('~mr!!ittee, and th'.! Beach CC'mmittee. (3) Organization of the Committee. Committee members shall be officers and directors in a not-Cor-profit corporation. Upon establishment oC the Beautification Trust Fund Committee, the administration of the City shall assist the Committee members in the formation oC a not-for-profit corporation. (4) Terms of appointment. Committee members shall serve two (2) . year terms. Should any Committee member during the term of office on the Beautification Trust Fund Committee cease to be a member of the Historical Society, the Garden Club Parley, H.e Chamber of Commerce. t~,.. t:eautification Committee. or the Beach Committee. the Committee member shall no longer be eligible to serve on the Beautlncatlon Trust Fund Committee. (5) Vacancies or reappointment. A member may be reappointed for one (1) successive term. Appointments to fill any vacancies to the Committee shall be tor the remainder of the unexpired term of office, . . I (6) Committee quorum. Four (4) member of the Committee shall constitute a quorum. (7) Authority of the Committee to adopt rules and regulations. The Committee may adopt such rules and regulations as the Committee finds necessary to carry out the provisions of this Article, subject to the approval of the City Council. (8) Expenditure of funds. The City Council, upon the establishment of the DcautlClcatlon Trust Fund Committee, may appropriate funds to the Committee to be used for beautification eCCorts within the City or Delray Beach that shall beneClt the genera.! public. Expenditures or the Committee over five thousand dollars ($5,000.00) shall be presented to the Council for approval. The Committee shall annually file with the City Council a statement showin~ the financial condition of the Committee. Section 2. That all ordinances or parts of ordinances which are in confiict herein are hereby repea.!ed. Section 3. That should any section or provision of this ordinance or any portion thereof. any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 9th day or July , 1985. ~£(~ :'1 A R ATTEST: ~L,~L-J ~A1..1. C ty rk First Reading June 25. 1985 Second Reading July 9, 1985 2 ORD. NO. 66-85 . . . . ORDWANCE NO. 66-85 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRA Y BEACH, FLOR(DA. A~tENDING CHAPTER 2, "ADMINISTRATION" , OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY ADDING A NEW ARTICLE IX, "BEAUTIFICATION TRUST FUND CO~t:\1tTTEE" , AND ADDING SECTION 2-136, "CREATION OF A BEAUTIFICATION TRUST FUND COMMITTEE" , TO PROVIDE FOR ESTABLISHMENT OF THE BEAUTIFICATION TRUST FUND COM~tlTTEE: TO PROVIDE FOR COMPOSITION AND APPOINTMENT OF COM~tITTEE MEMBERS: TO PROVIDE FOR ORGANIZATION OF THE COM~ttTTEE: TO PROVIDE THE TERMS OF APPOINTMENT: TO PROVIDE FOR THE FILLING OF VACANCIES AND REAPPOINT~tENTS : TO PROVIDE FOR QUORUM REQUIRE- MENTS: TO PROVIDE AUTHORITY TO ADOPT RULES AND REGULATIONS: AND TO PROVIDE FOR REQUIREMENTS UPON THE EXPENDITUR.E OF CERTAIN FUNDS: PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE; PROVIDING AN E-FFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOh'S: Section 1. That Chapter 2, "Administration" , of the Code of Ordinances of the City of Delray Beach, Florida, Is hereby amended to by adding a new Article IX, "Beautification Trust Fund Committee", to read as follows: ARTICLE IX. BEAUTIFICATION TRUST FUND COMMITTEE Sec. 2-135. Beautification Trust Fund Committee Established. (l) Establlshment. There shall be established within the City of Delray Beach a Beautification Trust Fund Committee which shall work with the City Council to promote and ma.lnta.ln beautification efforts within the City of Delray Beach; to s'et- beautification objectives: to plan beautification projects and oversee their execution: and to provide funding for beautification projects within the City or Delray Beach that shall benefit the general public. (2) Composition: Appointment of Members. The Committee shall be composed of five (S) regular members along with five (5) alternate members. The City Council shall appoint the regular and alternate members. There shall be one (l) regular and one 0) alternate member appointed from the Historical Society, the Garden Club Parley, the Chamber of Commerce, the Bee.utiflce.tion ('cm~lttee, and th~ Beach Committee. (3) Organization of the Committee. Committee members shall be officers and directors in a not-for-profit corporation. Upon establishment of the Beautification Trust Fund Committee, the administration of the City shall assist the Committee members in the formation of a not-for-profit corporation. (4) Terms of appointment. Committee members shall serve two (2). year terms. Should any Committee member during the term of office on the Beautification Trust Fund Committee cease to be a member of the Historical Society. the Garden Club Parley, Ule Chamber of Commerce, t~..;, ~eautiflcation Committee, or the Beach Committee, the Committee member shall no longer be eligible to serve on the Beautincation Trust Fund Committee. (5) Vacancies or reappointment. A member may be reappointed for one (l) successive term. Appointments to fill any vacancies to the Committee shall be for the remainder of the unexpired term of office. , . " \ (6) Committee quorum. Four (4) member of the Committee shall constitute a quorum. (7) Authority of the Committee to adopt rules and regulations. The Committee may adopt such rules and regulations as the Committee finds necessary to carry out the provisions of this Article, subject to the approval of the City Council. (8) Expenditure of funds. The City Council. upon the establishment of the Dcautlficatlon Trust Fund Committee, may appropriate funds to the Committee to be uaed for beautification efforts within the City of Delray Beach that shaH benefit the general public. Expenditures or the Committee over five thousand dollars ($5,000.00) shall be presented to the Council for approval. The Committee shall annually file with the City Council B statement showin~ the financial condition of the Committee. Section 2. That all ordinances or parts of ordinances which are in conflict herein are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence. or word be declared by a court of competent jurisdiction to be invalid. auch decision shalt not affect the validity of the remainder hereof as-a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective ten (lQ) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 9th day or July , 1985. ~:f~ ~IA R ATTEST: ~4'~~?J ~An C ty rk First Reading June 25. 1985 Second Reading July 9, 1985 2 ORD. NO. 66-85 , BOARD OF ADJUSTMENT I. Generally Charter Section 3.08 (b) requires the creation of the Board of Adjustment. Florida Statutes, Chapter 163 (since repealed) formerly required the creation of such a Board. The Board is established by Section 173.916 of the City's Code of Ordinances. II. Number of Members Five regular members and two alternate members, II I. Duration of Terms Three year terms; no code restrictions on reappointment. IV. Membership requirements Code of Ordinances Section 173.916 require& City residency and/or having principal place of business in City; and can hold no other public office or position. V. Meetings Two per month - 2nd and 4th Thursdays. . . 193 DELRAY BEACH ZONING CODE 5 173.916 (C) The provisions of 55 173.901 and establishing a schedule of fees and 173.902 shall also apply in the event of charges as stated in § 173.918. ( '80 a modification to a development which Code, S 30-26) falls within the parameters of SS 173.900 (Ord., passed 4-1-80; Am. Ord. 69-87, and 173.901- passed 9-22-87) ( '80 Code, § 30-23.5(D» (Ord. 19-86, passed 3-26-86) S 173.916 BOARD OF ADJUSTMENT. ADMINISTRATION AND ENFORCEMENT (A) Creation. A Board of Adjustment is hereby established. The word Board S 173.915 CRIEF BUILDING OFFICIAL TO when hereafter used in this section shall ENFORCE REGULATIONS; DUTIES OF COMMISSION. be construed to mean the Board of Adjustment. (A) The Chief Building Official shall administer and enforce this (B) Composition, compensation, chapter. If the Chief Building Official terms, vacancies. shall find that any of the provisions of this chapter are being violated, he shall (1) The Board shall be composed notify in writing the ?erson responsible of five members who shall be apgointed by for such violations, indic3ting the the Commission, and who shall serve nature of the violation and ordering the without compensation. action necessary to correct it. He shall order discontinuance of illegal uses of (2) The members of the i,\1 tial 1 and, buildings, or structures; removal Board will serve for the following ot illegal buildings or structures or of terms: one member for one year, two illegal additions, alterations, or members for two years, and two members structural changes; discontinuance of any for three years. After the above terms illegal work being done; or shall take have expired the Commission shall appoint any other action authorized by this replacements for expired terms, said chapter to insure compliance with, or to replacements to serve for a term of three prevent violations of its provisions. years each. ('80 Code, S 30-27) ( 3) The Commission may also (B) It is the intent of this chapter appoint two alternate members at large, that all questions of interpretation and which members shall act in the absence, enforcement shall first be presented to disability, or disqualification of any the Chief Building Official, and that members. The alternates shall be, such questions shall be presented to the appointed in the same manner and for the Board of Adjustment only on appeal from same term as the regular members. The the decision of the Chief Building Chairman shall designate the alternate Official. Provided, however, that who shall serve in the absence, determinations of the similarity of disability, or disqualification of any proposed (unlisted) uses with permitted regular member. and conditional uses listed in the zoning code may be brought to the Planning and ( 4) Any member or alternate Zoning Board for said determination. The member shall be removable for cause, Planning and Zoning Board may, by formal after charges have been preferred against findings, determine that an unlisted use and served upon him, and a public hearing may be allowed as either a permitted or held before the Commission. conditional use. The Planning Department shall maintain a record of all such (5) Vacancies on the Board formal findings and shall prepare a occurring for reasons other than by corrective zoning ordinance amendment expiration of term, shall be filled for containing these determinations on an the unexpired term by the Commission. annual basis, at a minimum. It is further the intent of this chapter that (6) Any member or alternate the duties of the Commission in shall either be a resident of the ci ty or connection with this chapter shall not shall have his principal place of include hearing and deciding questions of business in the city and shall hold no interpretation and enforcement that may other public office or position under the arise. The procedures for deciding such city government. questions shall be as stated in this section and this chapter. Under this (C) Proceedings. The Board of chapter the Commission shall have only Adjustment shall adopt rules necessary to the following duties: considering and the conduct of its affairs, said rules adopting or rejecting proposed amendments and any amendments thereto to be approved or the repeal of this chapter, as by the C anm i s s i 01'1 . Meetir1gs shall :,e provided by law; approving or denying held at the ca 11 of the Chairman and at rezoning requests; approving or denying such other times as the Board ¡nay conditional uses; approving or denying determine. The Chairman, or in his site and development plans; and absence the acting Chairman, may administer oaths and compel the § 173.917 DELRAY BEACH ZONING CODE 194 attendance of witnesses. All meetings (2) Variances. To authorize shall be open to the public. upon appeal in specific cases such variances from the terms of existing (D) Records. The Board of ordinances as will not be contrary to the Adjustment shall keep minutes of its public interest where, owing to special proceedings, showing the vote of each conditions, a literal enforcement of the member upon each question, or if absent provisions of existing ordinances would or failing to vote indicating such fact, result in unnecessary hardship. 4nd shall keep records of its Variances may be granted in accordance examinations and other official actions, with § 173.917. all of which shall be a pUblic record and be immediately filed in the office of the (Ii) Decisions. City Clerl(. (1) In exercising the above (E) Hearings, appeals, notice. mentioned powers, the Board of Adjustment may, so long as such action is in (1) Appeals to the Board of conformity with the terms of existing Adjustment concerning interpretation or ordinances, reverse or affirm, wholly or administration of existing ordinances may partly, or may modify the order, be taken by any person aggrieved or by requirement, decision, or determination any officer or bureau of the governing appealed from and may make such order, body of the city affected by any decision requirements, decision, or determination of the Chief Building Official. Such as ought to be made, and to that end appeals shall be taken within a shall have powers of the Chief Building reasonable time, not to exceed 60 days or Official from whom the appeal is taken. such lesser period as may be provided by the rules of the Board, by filing with (2) The concurring vote of four the Chief Building Official and with the members of the Board shall be necessary City Clerk a notice of appeal specifying to reverse any decision, determiation, the grounds thereof. The Chief Building order, or requirement of the Chief Official shall forthwith transmit to the Building Official, or to decide in favor Board all papers constituting the record of the applicant on any matter upon which' which the action appealed from was taken. it is required to pass under existing ordinances, or to effect any variation in (2) The Board of Adjustment the application of existing ordinances. shall fix a reasonable time for the public hearing of appeal, give public (I) Appeals. Any person or persons, notice thereof as well as due notice to or any board, taxpayer, department, the parties in interest, and decide the board, or bureau of the city aggrieved by same within a reasonable time. A t the any decision of the Board of Adjus~~ent public hearing, any party may appear in may seek review by a court of record of person or be represented by an agent or such decision, in the manner provided by an attorney. law. ('80 Code, S 30-25) (Ord. , passed (F) Stay of proceedings. An appeal 4-1-80; Am. Ord. 64-84, passed 8-28-84) stays all proceedings in furtherance of the action appealed from, unless the § 173.917 VARIANCES. Chief Building Official from whom the appeal is taken certifies to the Board of (A) A variance from the terms of Adjustment after the notice of appeal is existing ordinances shall not be granted filed with hiJI, that by reason of facts by the Board of Adjustment unless and stated in the certificate, a stay would, until: in his opinion, cause imminent peril to life and property. In such case (1) A written application for a proceedings shall not be stayed other var iance is submitted demonstrating: than by a restraining order which may be granted by the Board of Adjustment or by (a) That special a court of record on application, on conditions and circumstances exist which notice to the Chief Building Official are peculiar to the land, structure, or from whom the appeal is taken and on due building involved and which are not cause shown. applicable to other lands, structures, or buildings in the same zoning district; (G) Powers and duties. (b) That literal (1) Administrative review. To interpretation of the provisions of hear and decide appeals where it is existing ordinances would deprive the alleged there is an error in any order, applicant of rights commonly enjoyed by requi rement, decision, or determination other klroperties in the same zoning made by the Chief Building Official in district under the terms of existing the enforcement of existing ordinances. ordinances; · BOARD OF CONSTRUCTION APPEALS I. Generally In 1978, this board was consolidated from Building Code Appeal, Standard Mechanical Code Board, Electrical Engineering Board and Plumbing Board. Jurisdiction. regards appeals from interpretation by the Chief Building Official of Building, Gas, Mechanical, Plumbing, Electricity, Housing, Moving of Buildings and Unsafe Building codes. II, Number of Members Nine members composed of two general contractors, one master plumber, one architect, one master electrician, one air conditioning contractor, one sign contractor, one real estate broker or insurance agent, and one professional engineer. All must be ãCtive in profession or trade. III, Duration of Terms staggered two year terms; no more than two successive terms. IV. Membership Requirements Requires residency or have principal place of business in City. V. Meetings As needed, but not less than four regular meetings each fiscal year, VI. Duties Make final interpretations of the provisions of the building code, including the unsafe building code. · CIVIL SERVICE BOARD I. Generally Enacted by Special Act of the Legislature, being Chapter 25784, Laws of Florida, 1949, as amended, May be amended only by the City by referendum pursuant to Florida Statutes Section 166.02 ( 4 ) . Also, as codified in the Code of Ordinances of the City of Delray Beach, Title 3, Administration, Chapter 35 - Employee Policies and Benefits, Section 35.003 et. seq. II. Number of Members Five regular members (three to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise, and appointed by City Commission) . (Members four and five are elected from the employees at large, but not both from the same department.) Two alternates - one appointed by the Commission, one elected by the employees, The alternate appointed by the Commission must have a different vocation or vocational background than the three other appointed members, The alternate elected by the employees must be from a different department than the other two elected members. III. Duration of Terms Two year terms - Commission appointed. One year term - employee elected. Alternates have same respective terms. No restrictions on re-election or appointment in the Act. IV. Membership Requirements No residency required. V. Meetinqs As needed. VI. Duties Provide examinations for those City positions which requires same and maintain list of eligibles; certify seniority ratings for all employees, hear and judge appeals for certain personnel actions determined by the City Manager for civil service employees (discharge, demotion, or suspension without pay for a period in excess of seven calendar days). · § 35.002 DELRAY BEACH EMPLOYEE POLICIES AND BENEFITS 26 to enact the ordinances ,of the The term of the alternate member elected from municipality, and shall include only those the city employees shall be for one year. officers who are authorized to vote on This Board shall be composed of five regular those ordinances. members and two alternate members only. The terms of the appointed members of the Board "SENIORITY." The length of service in serving at the time this subchapter becomes any department in the municipality. law shall continue until the expiration of (Sp. Acts, Ch. 25784, S 1) their four-year term. Members appointed after this subchapter becomes law shall serve for ~ 35.002 APPLICATION; EXCLUSIONS. two years from the date of their appointment. The regular members of the Board other than (A) All persons regularly employed by those elected from city employees, shall the municipality in any department shall be appoint the judges and clerk for the election construed to come within the provisions of of the fourth and fifth regular members and this subchapter, except department heads the second alternate member. The time for who are employed subsequent to the date the election shall be set by the three this subchapter becomes law. This regular members first appointed to the Board, subchapter shall not include any officer or and thereafter the election shall be held on person employed for temporary duty only; that date each year, or any other date as may nor shall it include employees covered be designated by the governing authority. under the terms of a collective bargaining agreement, or expired collective bargaining (2) Each department is allowed only agreement which is subject to renegotiation one candidate for the general election. If unless otherwise expressly provided in this more than one candidate enters for the subchapter or in the code of rules and position, a departmental election supervised regulations or in the collective bargaining by the department head will be held to agreement. determine the candidate whose name will then (Sp. Acts, Ch. 25784, 5 2) (Am. Ord. 66-78, be placed on the ballot at large. The passed 9-25-78, App. at Ref. 11-7-78; Laws departmental election will be held two weeks of Fl., Ch. 80-496, 5 1) prior to the general election. (B) The provisions of this subchapter (3) For those employees who are on shall not apply to those persons appointed vacation, ill, on other assignments out of by the City Commission. the city, or who are assigned to shift work (Sp. Acts, Ch. 25784, 5 21) (Laws of Fl., other than the day shift, they shall be given Ch. 67-12-84, 5 4) the opportunity to enter an absentee ballot to be provided by the Board and made ~ 35.003 CIVIL SERVICE BOARD. available one week prior to the general election. Along with the names for the (A) A Civil Service Board for the candidates, a place for the printed name and municipality is hereby created. signature of the absentee voter must appear in order for it to be counted. The Board will (1) The Board shall be composed of not be responsible for mailing or five regular members, three members of the distributing at large absentee ballots as it Board to be persons of different vocations, will be the eligible employee who must or vocational backgrounds, not employed by request the ballot from his department. the municipality in any other capacity, Absentee ballots must be received no later official or otherwise, and shall be than the date of the general election in appointed by the governing authority of the order to be validated. municipality for a term of two years. The fourth and fifth regular members of the (4) The votes shall be consolidated Board shall be elected from city employees on the following day after the election. The at large, but not both from the same candidates receiving the highest and second department. The term of the fourth and highest number of votes shall be declared fifth regular members shall be for one elected as fourth and fifth regular members year. In addition to the five regular of the Civil Service Board, and the candidate members, as above provided, there shall be receiving the third highest number of votes two alternate members, one to be appointed shall be declared elected as the second by the governing authority, and to have a alternate member of the Board, provided that different vocation or vocational background the regular and alternate employee members of than the three other appointed members, and the Board must all be from different the other to be elected from the city departments. employees at large, but from a different department than either the fourth or fifth (B) Should a vacancy occur during regular members of the Board. The term of the course of the one-year term of the the alternate member appointed by the governing authority shall be for two years. , 27 DELRAY BEACH EMPLOYEE POLICIES AND BENEFITS S 35. 007 fourth and fifth regular members of the but not less than once a year and shall Civil Service Board (being those elected be available for examination at any from the city employees), then the second time. Appointments shall be made to fill alternate member of the Board shall vacancies from this list of eligibles, automatically assume the vacant seat of except as otherwise provided herein, and the fourth or fifth regular member of the members of a department shall be moved Board. Thereafter, the quali fi ed from any grade to a higher grade only candidate receiving the next highest after passing an examination prescribed number of votes in the prior city by the Board, if the position is one employee election shall automatically requiring examination under the code of become the new second alternate member of rules and regulations. the Board, provided that this new second (Sp. Acts, Ch. 25784, S 5) (Laws of F 1. , alternate member must be from a different Ch. 80-496, S 4) department than the then two regular employee members of the Board. S 35. 006 SUSPENS ION OF P ROV IS IONS REQUIRING COMPETITION. (C) Immediately after appointments and elections have been made and held as In the case of a vacancy in a above provided, the Board shall organize position in a department where peculiar and elect a Chairperson, a and exceptional qualifications of a vice-chairperson, and one of its members scientific, managerial, professional, or chief examiner, who shall act as educational character are requir~d and secretary to the Board. The Board may upon satisfactory evidence that the appoint any other assistants to the position. can best be filled by a secretary as may be necessary. ~11 selection of some designated person of members of the Civil Service Board shall high qualities, the Civil Service Board, serve without recompense, unless on a vote of a majority of its members, otherwise provided by the governing may suspend any provisions requiring authority. competi tion in that place, '-and all cases (Sp. Acts, Ch. 25784, S 3) (Laws of Fl., of suspension of the examination shall be Ch. 80-496¡ Laws of PI., Ch. 83 -397, § 1). recorded by the Civil Service Board, with the reason for the suspension and shall § 35.004 ADOPTION OF CODE OF RULES AND be open to the public. At the time of REGULATIONS. the appointment, the grade of the appointee shall be fixed by the City Subject to the qualifications Manager. contained in § 35.002 (A) , the City ( Sp. Act s, C h. 25784, S 6) (Laws of PI., Manager shall adopt, enact, and amend a Ch. 67-1284, § 2¡ Laws of Pl., Ch. code of rules and regulations. This code 80-496, § 5) shall cover the regulations for the conduct and direction of the employees § 35.007 FIXING PAY AND GRADE THROUGH and shall prescribe their duties, hours BUDGETARY PROCESS. of work, discipline, and control. The code shall contain rules and regulations (A) The governing authority of the for the appointment, employment, and municipality shall fix the pay of all discharge of persons in all positions in employees, shall fix the number of the municipality, based on merit, . members in each particular grade and may efficiency, character and industry. This increase or reduce the number in any code shall have the force and effect of grade, or may abolish that grade, through law on employees of the municipality. the budgetary process. The City Manager The Civil Service Board shall have may vary the number of employees in any authority to make reviews concerning the grade during the budget year to meet city enforcement of this subchapter and report requi rements. to the City Manager. (Sp. Acts, Ch. 25784, S 4) (Laws of Fl., (B) In the event of a reduction in Ch. 67-1284, S l¡ Am. Ord. 66-78, passed the number of members of any grade, the 9-25-78, App. at Ref. 11-7-78; Laws of members shall be retained in that grade Fl., Ch. 80-496 S 3) according to seniority: and those members thus being forced back to a lower grade, S 35.005 LIST OF ELIGIB ILITY. will thereafter r~ceive the pay of the lower grade. In the event the grade is The Civil Service Board, or its again increased, those members forced examiners subject to its approval, shall back as aforesaid shall be fir s t to provide examinations for those positions succeed to that grade according to requiring examination as provided in the seniority, without further examination or code of rules and regulations, and probationary per i ad. maintain lists of eligibles. The City Manager shall divide the departments into (C) In the event a reduction in the grades. These lists may be certified at force of any grade thereof causes a a time as may be determined by the Board, member of the lowest grade of that force · CODE ENFORCEMENT BOARD I. Generally Created pursuant to Florida Statutes Chapter 162 established by Chapter 37 of the Code of Ordinances of the City of Delray Beach. II. Number of Members Seven regular and seven alternate members - all Commission appointed. Appointment to be based on "experience or interest in fields of zoning and building control". Must include "whenever possible" an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor." III. Duration of Terms Three year staggered terms; no more than two terms. IV. Membership Requirements Florida Statute 162-05 (2 ) and City Code 37.16 (E) requires City residency. V, Meetings At least once a month, VI. Duties The Code Enforcement Board shall have concurrent jurisdiction to hear and decide cases involving alleged violations of the City's Code of Ordinances which are not criminal in nature, where a pending or repeated violation of the City Codes continues to exist. 77 CHAPTER 37: DELRAY BEACH CODE ENFORCEMENT section s 37.02 ENFORCEMENT OF CERTAIN CODES General provisions AUTHOR! ZED. 37.01 Intent The Code Enforcement Board shall, as 37.02 Enforcement of certain codes described in S 31.01 above, have concurrent authorized jurisdiction to hear and decide cases 37.03 Definitions involving alleged violations which are not 31.04 Provisions of chapter criminal in nature where a pending or supplemental repeated violation of the city codes as they now exist or as they may be amended by Code Enforcement Board ordinance from time to time has been couuni. t ted. 31.15 composi tion; appointment of ( , 80 Code, 5 2-102) ( ord. 18-19, passed members 12-10-19; AlII. ord. 44-84, passed 6-26-84; Am. 37.16 Terms of appointment Ord. 29-86, passed 5-27-86: AlII. Ord. 12-88, 37.17 Qualifications of members passed 3-8-88; AlII. ord. 110-88, passed 37.18 officers; alternate members 9-27-88; AlII. Ord. 128-88, passed 10-25-88; 37.19 Quorum AlII. ord. 81-89, passed 12-5-89) 37.20 compensation 37.21 Authority to adopt rules and i 37.03 DEFINITIONS. regulations 37. 22 Appointment of Board Clerk; For the purpose of this chapter the other staff following definitions shall apply unless the 37.23 Vacancies and reappointment context clearly indicates or requires a 31.24 Nonattendance at meetings; different meaning. removal from office " BOARD. " The Code Enforcement Board of Enforcement Procedures the city. 37.35 Ci ty Attorney; role and "CITY ATTORNEY." The City Attorney or authority Assistant City Attorney. 37.36 Initiation of enforcement procedures "CITY COMMISSION." The legislative body 37.37 Scheduling of hearings of the city. 37.38 Formal hearing 37.39 Conflict of interest; hearing "CODE ENFORCEMENT OFFICERS" or procedures "BUILDING/CODE ENFORCEMENT OFFICERS." 37.40 subpoena powers and Those employees or other agents of the city procedures designated by ordinance or duly authorized 37.41 Decisions and enforcement and appointed by the City Manager, whose duty orders it is to enforce city codes and to present 37.42 Fines for noncompliance with code violations to the Code Enforcement orders Board. 37.43 Duration of lien 37.44 Injunctive relief " CODES. " The chapters of this code of 37.45 supplemental code enforcement ordinances described in S 37.02 above. procedures " NOTI CE" or "WRITTEN NOTIFICATION." GENERAL PROVISIONS Notice shall be provided the alleged violator by certified mail, return receipt requested, i 37.01 INTENT. by hand deli very, by the Sheriff or other Law Enforcement Officer, Code Inspector or other It is the intent of this chapter to person designated by the local governing promote, protect, and improve the health, body; by leaving notice in the violator's safety, and welfare of the citizens of the usual place of residence with any person city by authorizing the creation of the Code residing therein who is above the age of 15 Enforcement Board with authority to impose years of age and informing such person of the administrative fines and other noncriminal contents of a notice or at the option of the penalties to provide an equitable, Code Enforcement Board by publication expeditious, effective, and inexpensive pursuant to F.S. S 162.12(2). method of enforcing the codes and ordinances in force in the city where a pending or "REPEAT VIOLATION." A violation of the repeated violation continues to exist, provision of any code or ordinance by a including, but not limited to those codes person whom the Code Enforcement Board has listed in 5 31.02. previously found to have violated the same ( F. 5. 5 162.02) ( '80 Code, 5 2-101) ( Ord. provision within five years prior to the 78-79, passed 12-10-79; Am. Ord. 48-86, viola tion. passed 7-8-86) "VIOLATOR. " The person responsible for 1990 5-6 the code violation, which in the appropriate . . S 37.04 DELRAY BEACH CODE ENFORCEMENT 78 circumstances shall be the perpetrator of S 37.17 OUALIFICATIONS OF MEMBERS. the violation or the owner of the real property upon which the violation occurred, Each regular member and alternative or both. ( , 80 code, S 2-103) ( Ord. 78-79, member appointed to the code Enforcement passed 12-10-79; Am. Ord. 51-82, passed Board shall possess, in addition to 8-24-82; Am. Ord. 81-89, passed 12-5-89) experience or interest in the fields of zoning and building control, the following S 37.04 PROVISION OF CHAPTER SUPPLEMENTAL. minimum qualifications, where appropriate: As set forth in F.S. S 162.13, nothing ( A) The architect and the engineer shall contained in this chapter shall prohibit the be registered under the laws of the state city from enforcing its codes by any other regulating the practice of architecture and means. It is the legislative intent of this engineering, or shall possess similar chapter to provide an additional or qualifications under the laws of other supplemental means of obtaining compliance states, or shall have actual experience with the codes set forth in S 37.02. deemed by the city commission to be ( , 80 Code, S 2-120) ( Ord. 51-82, passed equivalent to such registration. 8-24-82) ( B) The general contractor and the CODE ENFORCEMENT BOARD subcontractor shall possess a valid certificate of competency and occupational S 37.15 COMPOSITION: APPOINTMENT OF license recognized and accepted under the MEMBERS. laws of the state and the ordinances of the city regulating the business of contracting, The Code Enforcement Board shall be and where required, state registration as a composed of seven regular members, along contractor, or shall possess similar with seven alternate members, appointed by qualifications under the laws of other the City commission. Appointments to both states, or shall have actual experience regular and alternate member positions shall deemed by the commission to be equivalent to be on the basis of experience or interest in a certification. the fields of zoning and building control. The regular and alternate membership of the ( C) The realtor shall be licensed under Board shall, whenever possible, include an the laws of the state licensing real estate arc hi teet, a business person, an engineer, a brokers as either a broker or a salesperson, general contractor, a subcontractor, and a or shall possess similar qualifications under realtor. the laws of other states, or shall have ( , 80 code, S 2-104( a) ) ( Ord. 78-79, passed actual experience deemed by the commission to 12-10-79; Am. Ord. 63-80, passed 11-10-80; be equivalent to licensing. Am. Ord. 51-82, passed 8-24-82; Am. ord. 65-84, passed 8-28-84) ( D) The businessperson shall be actively engaged in any lawful business within the Statutory reference: city and shall hold a current and valid Membership, see F. S. S 162.05(1) occupational license issued by the city, or shall be an officer or employee of a business S 31. 16 TERMS OF APPOINTMENT. entity holding a current and valid occupational license issued by the city, or ( A) In order that terms of office of shall have actual experience deemed by the all regular members of the Code Enforcement Commission to be equivalent to a Board will not expire at the same time, the certification. initial appointments to the Board shall be as follows: ( E) Each regular and alternate member of the Code Enforcement Board shall be a ( 1) Two members shall be appointed resident of the city. for a term of one year. ( , 80 Code, S 2-104( C) ) ( Ord. 78-79, passed 12-10-79; Am. Ord. 63-80, passed ( 2) Three members shall be 11-10-80; Am. Ord. 51-82, passed 8-24-82; appointed for a term of two years. Am. Ord. 65-84, passed 8-28-84) (3) Two members shall be appointed statutory reference: for a term of three years. Residency requirements, see F. S. S 162. 05( 1) ( B) Thereafter, all appointments shall be made by the City Commission for S 37.18 OFFICERS: ALTERNATE MEMBERS. a term of three years. ( , 80 Code, S 2-104( C) ) ( Ord. 78-79, passed ( A) The Code Enforcement Board officers 12-10-79; Am. Ord. 63-80, passed 11-10-80; shall consist of a Chairperson, a Vice- Am. Ord. 51-82, passed 8-24-82; Am. Ord. Chairperson, and other officers as the Board 65-84, passed 8-28-84) shall deem necessary. Statutory reference: ( B) Officers of the Board shall be Terms, see F. S. S 162. OS( 2) elected from among its members by a majority vote of the membership at the Board's first 1990 S-6 meeting after their initial appointment, and annually thereafter. . . 79 DELRAY BEACH CODE ENFORCEMENT S 37.36 ( C) A member of the Board may be S 37.23 VACANCIES AND REAPPOINTMENT. elected to serve as an officer without restriction as to the number of terms As set forth in F.S. S 162. 05( 2) , a served. member may be reappointed for one successive terlll, upon approval of the City Commission. ( D) The alternate members of the Board Appointments to fill any vacancy to the Code may attend all meetings of the Board but Enforcement Board shall be for the remainder shall act only in the absence, disability, of the unexpired term of office. or disqualification of a regular member ( , 80 Code, S 2-104( d) ) ( Ord. 78-79, passed thereof, and the minutes of the Board's l2-10-79¡ Am. Ord. 63-80, passed 11-10-80¡ 'meeting shall reflect in whose stead the Am. ord. 51-82, passed 8-24-82; Am. Ord. alternate member is acting. 65-84, passed 8-28-84) ( '80 Code, S 2-105) ( Ord. 78-79, passed l2-lO-79¡ Am. Ord. 63-80, passed 11-10-80¡ S 37.24 NONATTENDANCE AT MEETINGS~ REMOVAL Am. Ord. 51-82, passed 8-24-82) FROM OFFI CEo statutory reference: As set forth in F.S. S 162.05(2), if any Election of Chairperson, see F. S. regular code Enforcement Board member fails S 162.05(3) to attend two out of three successive meetings without cause and without prior S 37.19 OUORUM. approval of the Chairperson, the Board shall declare the member's office vacant, and the As set forth in F.S. S 162. OS( 3), four City commission shall promptly fill that or more members of the Code Enforcement vacancy. The members shall serve at the Board shall constitute a quorun pleasure of the commission and may be ( , 80 Code, S 2-106) ( Ord. 78-79, passed 12- suspended for cause at any time by a majority 10-79; Am. Ord. 63-80, passed 11-10-80) vote of the Commission; and may also be removed for cause at any time by a majority S 37.20 COMPENS ATI ON. vote of the commission according to the procedures for removal of Board members as As set forth in F.S. S 162. 05( 3) , set forth in this code. members of the Code Enforcement Board shall ( , 80 Code, S 2-104( e) ) ( Ord. 78-79, passed serve without compensation, but may be 12-10-79; Am. Ord. 63-80, passed 11-10-80; reimbursed for travel expenses, mileage Am. Ord. 51-82, passed 8-24-82; Am. Ord. expenses, and other per diem expenses as may 65-84, passed 8-28-84) be authorized by the commission and approved by the city Manager. ENFORCEMENT PROCEDURES ( , 80 Code, S 2-107) ( Ord. 78-79, passed 12-10-79) S 37.35 CITY ATTORNEY~ ROLE AND AUTHORITY. S 37.21 AUTHORITY TO ADOPT RULES AND As set forth in F.S. S 162.05(4), the REGULATIONS. City Attorney or any Assistant city Attorney shall either be counsel to the Code The Code Enforcement Board may adopt Enforcement Board or shall represent the city those rules and regulations as are not by presenting cases before the Board, but in inconsistent with the provision of this no case shall be city Attorney or any chapter or the Local Government Code Assistant City Attorney serve in both Enforcement Board Act (F.S. SS 162.01 et capacities. Whenever the city Attorney or seq. ) as same now exist or as hereafter Assistant City Attorney serves in the may be amended, which the Board finds capacity of presenting cases before the necessary to carry out the provisions of Board, he shall have full prosecutorial this chapter, subject to approval of the discretion, including, but not limited to the City commission. right to negotiate a plea with a violator and ( , 80 Code, S 2-108) ( Ord. 78-79, passed present that plea to the Board for approval, 12-10-79; AIIL Ord. 51-82, passed 8-24-82) to reco~nd the disposition of a case to the Board, and to decline to prosecute a case, S 37.22 APPOINTMENT OF BOARD CLERK: similar to the discretion exercised by the OTHER STAFF. State Attorney in criminal cases. ( , 80 Code, S 2-111) ( Ord. 51-82, passed The City Manaqer shall appoint a city 8-24-82) employee to be the Code Enforcement Board Clerk, who shall perform the functions S 37.36 INITIATION OF ENFORCEMENT assigned to the Clerk as set forth in this PROCEDURES. chapter. For the purpose of administerinq this chapter, the Board may call upon the ( A) It shall be the duty of the code City Manager to furnish other city employees Enforcement Officer to initiate enforcement as may be necessary to carryon or assist proceedinqs of the various codes; however, no the Board in performing its functions and member of the Code Enforcement Board shall duties under this chapter. have the power to initiate such enforcement ( , 80 Code, S 2-109) ( Ord. 78-79, passed proceedings. 12-10-79) 1990 5-6 , - S 37.37 DELRAY BEACH CODE ENFORCEMENT 80 ( B) Except as provided in paragraph (C) in each and every month, unless cancelled by ì and (E), if a violation of the codes the Board. At any hearing the Board may set described in S 37.02 is found, the code a future hearing date. The Board shall Enforcement Officer shall notify the attempt to convene no less frequently than violator and give him a reasonable time to once every two months, but it may meet more correct the violation. Should the violation or less often as the demand necessitates. continue beyond the time specified for ( , 80 Code, S 2-113) ( Ord. 51-82, passed correction, the Code Enforcement Officer 8-24-82) shall notify the Code Enforcement Board and request a hearing. The Board, through its Statutory reference: clerical' staff, shall schedule a hearing, calling of hearings, see F. S. S 162.07(1) and written notice of such hearing shall be hand-delivered or mailed as provided by this S 37.38 FORMAL HEARI NG. chapter to the violator. If the violation is corrected and then recurs, the case shall ( A) When the Code Enforcement Board be presented to the Board even if the Clerk sets a formal hearing to consider an violation has been corrected prior to the alleged violation, the Clerk shall set the Board hearing, and the notice shall so time and date for the formal hearing and s ta te. notify the alleged violator pursuant to the procedures for notice set forth in the ( C) If the Code Enforcement Officer has definition of notification in S 37.03, and reason to believe a violation presents a the city Attorney. The violator shall be serious threat to the public health, safety, given at least seven days' written notice of and welfare, he shall make a reasonable the formal hearing. . effort to notify the violator and may immediately notify the Board and request a ( B) At the time and place set for the hearing. formal hearing, the Board shall hear and ( F. S. S 162.06) consider all testimony offered and shall examine and consider all the evidence ( D) Fire prevention code violations. If presented. At the conclusion of the hearing, the violation arose under chapter 96, the the Board shall issue findings of fact, based Code Enforcement Officer or the Chief of the on evidence of record and conclusions of law, Fire Department may, at his option, either and shall issue an order affording the proper proceed under this chapter or pursuant to relief consistent with powers granted herein. the authority and procedures set forth in The finding shall be by motion approved by a Chapter 96. Nothing in this chapter shall majority of those members present and voting, be construed or applied to limit the except that at least four members of the authority of the Chief of the Fire Board must vote in order for the action to be Department or of any fire marshal or fire official. The order may include a notice inspector to proceed pursuant to chapter 96. that it must be complied with by a specified date and that a fine may be imposed if the ( E) If a repeat violation is found, the order is not complied with by said date. Code Enforcement Officer shall notify the ( F. S. S 162. 07( 4» violator but is not required to give the ( , 80 Code, S 2-114) ( Ord. 78-79, passed violator a reasonable time to correct the 12-10-79; Am. Ord. 51-82, passed 8-24-82) violation. The Code Enforcement officer, upon notifying the violator of a repeat S 37.39 CONFLICT OF INTEREST= HEARING violation, shall notify the Code Enforcement PROCEDURES. Board and request a hearing. The Code Enforcement Board, through its clerical ( A) NO Code Enforcement Board member staff shall schedule a hearing and shall shall act in any case in which that member provide written notification to the has a conflict of interest. violator. The case may be presented to the Code Enforcement Board even if a repeat ( B) As required by F.S. S 162. 07( 1), all violation has been corrected prior to the hearings and proceedings of the Board shall Board's hearing and the notice shall so be open to the pUblic, and any person whose indicate. interests may be affected by the matter ( , 80 Code, S 2-112) ( Ord. 78-79, passed before the Board shall be given an 12-10-79; Am. Ord. 63-80, passed 11-10-80; opportunity to be heard. Minutes of all Am. Ord. 81-89, passed 12-5-89) Board hearings shall be kept by the Board Clerk. As required by F.S. S 162.07(2), each S 37.37 SCHEDULING OF BEARINGS. case before the Board shall be presented by the city Attorney or by a member of the Upon request of the Code Enforcement administrative staff of the city. As Officer, or at such other times as may be required by F. S. S 162.07(3), the Enforcement necessary, the Chairperson of the Code Board shall take testimony from the Code Enforcement Board may call hearings of the Enforcement Officer and the alleged violator. Board. Bearings ~y also be called by written notice signed by at least three (C) Bearings shall be informal and need members of the Board. Bearings may also be not be conducted according to technical rules set by the Board for a specific day and time relating to evidence and witnesses. They 1990 S-6 . , . 81 DELRAY BEACH CODE ENFORCEMENT S 37.41 shall, however, be conducted in accordance necessary to bring a violation into with accepted parliamentary procedures compliance. relative to motions, votes, and decisions. ( , 80 Code, 5 2-115) ( Ord. 78-79, passed Fundamental due process shall be observed 12-10-79; All\. Ord. 51-82, passed 8-24-82; Am. and shall govern all hearings. Ord. 81-89, passed 12-5-89) ( D) All relevant evidence shall be § 37.40 SUBPOENA POWERS AND PROCEDURES. admitted if, in the opinion of the Board, it is the type of evidence upon which The city, the Code Enforcement Board, or reasonable and responsible persons would the alleged violator may request that normally rely in the conduct of business witnesses, records (including surveys, plats, affairs, regardless of the existence of any and other materials), and other evidence, be common law or statutory rule which might subpoenaed to any formal hearing. Subpoenas make the evidence inadmissible over shall be served by officers of the city objections in civil actions. The Police Department. The Chairperson of the Chairperson of the Board may exclude Board shall provide the Clerk of the Board irrelevant or unduly repetitious evidence. with sufficient signed and blank witness subpoenas to be provided to alleged violators ( E) Hearsay evidence may be accepted and the city for the purpose or subpoenaing for the purpose of supplementing or witnesses, records, and other evidence. The explaining any direct evidence, but this alleged violator shall pay to the city a fee hearsay evidence shall not in and of itself of $12 for each subpoena issued. be considered sufficient to support a ( , 80 Code, 5 2-116) ( Ord. 78-79, passed finding or decision unless the evidence 12-10-79; All\. Ord. 51-82, passed 8-24-82) would be admissible over objections in a ci viI action. § 37.41 DECISIONS AND ENFORCEMENT ORDERS. ( F) Each party to the hearing shall (A) Enforcement orders final subject to have the right to: right of appeal. Every enforcement order of the Code Enforcement Board shall be final ( 1) Call and examine witnesses; subject to the right of the aggrieved party incl uding, without limitation, the city or ( 2) Introduce exhibits; the viola tor, to appeal a ruling or order of the Board to the Circuit Court of the ( 3) Cross-examine opposing Fifteenth Judicial Circuit of Florida in and witnesses; for the county. This appeal shall not be a hearing de novo, but shall be limited to ( 4) Impeach witnesses; appellate review of the record created before the Code Enforcement Board. An appeal shall ( 5) Rebut evidence. be filed within 30 days of the execution of the order to be appealed. ( G) The alleged violator has the right ( F. S. 5 162.11) to be represented by an attorney at the formal hearing. ( B) Contents of enforcement orders. Every enforcement order of the Board shall be ( H) As required by F.S. S 162.07 (3), in writing and shall include findings of fact all testimony before the Board shall be and conclusions of law, and shall indicate under oath and shall be recorded. The the vote upon the order. alleged violator or the city may cause the proceedings to be recorded by a certified ( C) Disposition of enforcement orders. court reporter or other certified recording Every enforcement order shall be signed by instrument. the Chairperson and shall be filed in the office of the city Clerk. A copy of the ( I) The Board shall have the power in signed order shall be sent by certified mail, accordance with F.S. S 162.08, to: return receipt requested, to the viola tor. ( 1) Adopt rules for the conduct of ( D) Time limit for making decision. The its hearings not otherwise in conflict with Board shall in every proceeding reach a this chapter or F.S. SS 162.01 et seq. decision without unreasonable or unnecessary delay and shall, in all instances, reach a ( 2) Subpoena alleged violators and decision within 20 calendar days from the witnesses to its hearings. Subpoenas may be date of the hearing. served by the Police Department. ( E) Compliance by city employees. All ( 3) subpoena evidence to its city employees shall take action as necessary hearings. in accordance with a decision of the Board. ( 4) Take testimony under oath. ( F) Certified copy of a Code Enforcement Board order shall be recorded in the Public ( 5) Issue orders having the force Records of the county order and shall of law to command whatever steps are constitute notice to any subsequent purchasers, successors and interests or 1990 S-6 assigns if the violation concerned real · S 37.42 DELRAY BEACH CODE ENFORCEMENT 82 property and the finding therein shall be Article x, section 4 of the State binding upon the violator and if the Constitution. violation concerns real property, any ( Ord. 81-89, passed 12-5-89) subsequent purchasers, successors, and interests or assigns. If an order is S 37.43 DURATION OF LIEN. recorded in the public records of the Palm Beach County pursuant to this division and No lien provided by this chapter or under the order is complied with by the date the authority of F.S. 55 162.01 et seq., specified in the order, the Code Enforcement shall continue for a longer period than 20 Board shall issue an order acknowledging years after the certified copy of an order compliance that shall be recorded in the imposing a fine has been recorded, unless public records. A hearing for the Code within that time an action to foreclose on Enforcement Board is not required to issue a the lien is commenced in a court of competent Board order acknowledging compliance. jurisdiction. In an action to foreclose on a ( , 80 Code, S 2-117) ( Ord. 78-79, passed lien, the prevailing party is entitled to 12-10-79; Am. Ord. 51-82, passed 8-24-82; recover all costs, including reasonable Am. Ord. 46-86, passed 7-8-86; Am. Ord. 81- attorneY's fees that it incurs in 89, paBBed 12-5-89) foreclosure. The continuation of the lien effected by the commencement of the action ~ 37.42 FINES FOR NONCOMPLIANCE WITH shall not be good against creditors or ORDERS. subsequent purchasers for valuable consideration without notice, unless a notice (A) The Code Enforcement Board, upon of list pendens is recorded. notification by the Code Enforcement Board (F. S. S 162.10) ( , 80 Code, S 2-119) ( ord. Officer that an order of the Board has not 51-82, passed 8-24-82; Am. Ord. 4-87, passed been complied with by the set time or, upon 2-10-87; Am. Ord. 81-89, passed 12-5-89) finding that a repeat violation has been committed may order the violator to pay a § 37.44 I NJUNCTI VE RELI EF. fine in an amount specified in this section for each day the violation continues past In the event the Code Enforcement Board the date set by the Enforcement Board for believes that a violation presents a serious compliance or in the case of a repeat threat to the public health, safety, and violation, for each date a repeat violation welfare, the Board may direct the city continues past the date of notice to the Attorney to seek appropriate injunctive violator of the repeat violation. After the relief in the name of the city from the finding of a violation or repeat violation circui t Court. has been made as provided in this part, a ( , 80 Code, S 2-121) ( Ord. 51-82, passed hearing shall not be necessary for the 8-24-82) issuance for the order imposing the fine. A fine imposed pursuant to this section shall § 37.45 SUPPLEMENTAL CODE ENFORCEMENT not exceed $250 per day for the first PROCEDURES. violation and shall not exceed $500 per day for a repeat violation. ( A) The provisions of this section are additional and supplemental means of ( B) A certified copy of an order enforcing the citY's ordinances and MY be imposing a fine MY be recorded in the used for the enforcement of any noncriminal public records and thereafter shall ordinance, or for the enforcement of all constitute a lien against the property upon noncriminal ordinances. Nothing contained in which the violation exists and upon any this section shall prohibit the city from other real or personal property owned by the enforcing its codes or ordinances by any violator. Upon petition to the circuit other means. court, such order MY be enforced in the same manner as a court judgment by the ( B) A code enforcement officer is sheriffs of this state, including levy authorized to issue a citation to a person against the personal property, but shall not when, based upon person investigation, the be deemed to be court judgment except for officer has reasonable cause to believe that enforcement purposes. the person has committed a civil infraction in violation of a duly enacted code or ( C) A fine imposed pursuant to this ordinance and that the county court will hear part shall continue to accrue until the the charge. violator comes into compliance or until judgment is rendered in a suit to foreclose ( C) Prior to issuing a citation, a code on a lien filed pursuant to this section, enforcement officer shall private notice to whichever occurs first. the person that the person has committed a violation of a code or ordinance and shall ( D) After three months from the filing establish a reasonable time period within of any lien which reMins unpaid, the Code which the person must correct the violation. Enforcement Board may authorized the City Such time period shall be not more than 30 Attorney to foreclose upon the lien. No days. If, upon personal investigation, a lien created pursuant to the provisions of code enforcement officer finds that the this chapter MY be foreclosed on real person has not corrected the violation within property which is a - homestead- under the time period a code enforcement officer 1990 S-6 MY issue a citation to the person who has committed the violation, A code enforcement COMMUNITY APPEARANCE BOARD I. Generally Created by Section 152.35 of the City's Code of Ordinance. II, Number of Members Five regular members appointed by Commission, Two alternate members appointed by Commission. III, Duration of Terms Two year terms for regular members. One year term for two alternates, No more than two successive terms. IV. Membership Requirements Must be a resident of City and/or have principal place of business in City, Two of the regular members must be registered architects, One regular member must be landscape architect or have expertise in landscaping or horticulture. Whenever feasible, one alternate must be a registered architect. V. Meetings At least once a month, VI. Duties Review applications for permits to erect signs, building or structure, or alterations to said signs, buildings, structures or elevations, excluding residential units and every application for a permit for new construction of parking areas or other vehicular areas which invoke the landscape requirements of the code. Review to ensure that the development is in conformity with good taste, design and contributes to City's image; does not depreciate surrounding environment; is in harmony with surrounding area; and is in conformity with codes. § 152.35 DELRA Y BEACCf COMMUNITY APPEARANCE 32 can be used along with feature lighting (8) Two of the regular members of emphasizing plants, trees, barriers, the Board shall bp. registered entrances, and exits. The fixtures are architects. ('30 Code, S 9-33S(b)} to be selected not only for their functional value, but for their aesthetic (C) One member of the Boar1 shall be qualities. They are to be considered a landscape architect or a person with furniture of the par<ing lot visible both expertise in landscaping or day and night. horticulture. ('SO Code, § 9-338(c}) (S) Additional off-street par<ing (D) Whenever feasible, one of the and loading regulations can be found in t~o alternate members shall ~e a Chapter 153. registered architect. ('qO Code, ('80 Code, S 9-362) J 9-338(d) COMMUNITY APPEARANCE SOARD § 152.39 POWERS AND DUTIES: PLANS A~D SPECI FICATIONS. § 152.35 EST.a.sLISH~tENT. (A) The attendance of f~ur r~gulac A Community ~ppearance aoard is or alternate members of the Community hereby ~reated. Appearance 30ard shall ~onstitute a ('SO Cod~, S 9-337) (Am. Oed. 63-34, quorum. All applications and matt~n passed 3-23-84) which fall ~ithin the juris1\ction of the Community Appeoarance '3oad sh.al t ~P. § l52.3õ APPODlntEm'; TER~1S. submitted to the C:ity De9art:rtent of --- - D~velopment and Inspections. ~he (A) ~he Community Appearance Board Department of Devp.lopment and Inspections shall be composed of five members, shall make a review of all appl£cations appointed by the Commission for terms oE to the Community Appearance '3oard prior two years, except that the memb~rs of th~ to their submission to the ~ommun\ty first Board to serve shall ~e a9pointed Appearanc~ 90ard in order to d~t~rmine so that three members shall serve compliance with the tech~ical two-year terms, and two members shall ~~quir~ments of the city's codp. of s~rve o~e-year terms. Their successors ordinances. Upon p~es~ntation to the shall be appoint~d to two-year terms. It ~ommunity Appearanc~ 90ard, all plans and is further provided that no member may specifications shall ~e deemeò approved 3~r'le :1\ore than two successive terms on 'Hithout further action ':;'1 the 30ar; this Boar-:j. ('80 Code, ~ 9-337(a)) '.lnl~ss a:1d until the 30aè:!:,y a:1 affirmative vote of .a majority of it3 (3) Two alternate members shall be mem~ers oresent and voting, ~ote t~ 3P?ointed ':Jy the Commission for te~ms of di3appro;e any plans and speciEicati0~s, one year. In the absence or disability but no plans shall ~P. approv~d without of a regular member, an alternate member the p~ior approval of the Department of shall be ~alled to sit, and act in his Dev~lopment and I:1spections. ~he place ':Jy the Chairperson of the Board. ~ommunity Appearance 30ard, as a ('SO Cod~, ~ )-337(:») prerequisite to its :Hsap!.'roval o~ those (Am. Oed. 63-84, passed 8-28-84) plans and specifications, must on the record note what changes in the ?lans a~d § 152.37 ORGANIZATION. specifications must b~ made in order to receive approval, those cha~ges to be The Community Appearance Board shall ~equisite and appropriate to the elect a Chairperson and Vice-chair?p.rson maintenance of a high st.andard of to preside at its meetings and any other architecture, beauty, and harmony as officers as the Board may deem established ':)y the standards adopted '-)y necessary. The Board shall formulate its the Commission for the guidance of the rules and regulations for the conduct of 30ard. its business. ('30 Code, § 9-338) (B) (1) The Community Appp.arance Board shall review ~very application Eor S 152.38 QUALIFICATIONS OF ME~ERS. a permit to ~r~ct a builC'!ing, structure, or sign or to materially alte~ an The members of the Community elevation of any existing builjing or Appearance Board'shall have the following structure or sign i:1 the city, excluding qualifications: 5eparat~ singl~-family 1welli:1gs, ~ut including group single dwellings an~ (A) A member of the Co:nmunit:¡ every application Eor a ?p.r:1lit :oc :1e',", Appearance Board shall either ~e a construction of ?a~<ing ar 35 ~r )t~p.r r~sident of the city or shall have h13 vehicular usp. arp.as ~hich ~vo~e th~ principal place of :>u5iness i~ ~~e citv. landscaping re~ui(~mp.~t3 0 :hap a( 13~. ('30 :ode, 5 9-333(a)) Sver¡ 3ppti=ati0~ s~all ~P. acco~ ania~ ~~ t~o s~ts of ~~t3il~1 ?13~s 3~d t ~'3~S COMMUNITY REDEVELOPMENT AGENCY I. Generally Created by Chapter 170 of the Code of Ordinances in accordance with Florida Statutes Chapter 163. II. Number of Members Seven ( 7 ) members appointed by City Commission. III. Duration of Terms Four ( 4 ) year terms, staggered for two (2 ) successive terms. IV. Membership Requirements Resident of City or engaged in a business within the City. V. Meetings As needed, preferably once per month. VI. Duties The agency shall prepare or cause to be prepared a community redevelopment plan as described in Section 163.360, Florida Statutes, for any area that the City Commission has, by resolution, determined to be a slum area, a blighted area, or an area in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, or a combination thereof. The City Commission hereby delegates to the Delray Beach Community Redevelopment Agency each of the powers set forth in Sections 163.370 (excluding, however, those powers enumerated in 163.370 ( 1 ) ( 1 ) and (m) and 163.380, Florida Statutes) . Provided, however, that the City of Delray Beach retains the right to exercise any of the powers delegated herein to the Delray Beach Community Redevelopment Agency, and such powers shall not be deemed to be vested exclusively in the agency. 3 CHAPTER 170: COMMUNITY REDEVELOPMENT Section compensation; or serving as an officer or director of a corporation or other 170.01 Community Redevelopment Agency business entity so engaged, within the 170.02 Community Redevelopment Plan area of operation of the Agency, which 170.03 Redevelopment Trust Fund shall be coterminous with the ar~a of 170.04 Provisions supplemental operation of the city, and is otherwise eligible for such appointment. 5 170.01 COMMUNITY REDEVELOPMENT AGENCY. (3) The Commission shall (A) Creation. Upon a finding of designate a Chairperson and necessity as set forth in F.S. S 163.355, Vice-Chairperson from among the and upon a further finding that there is Commissioners. The Agency may employ an a need for a community redevelopment executive director, technical experts, agency to function in the city to carry and such other agents and employees, out the community redevelopment purposes permanent and temporary, as it requires, of F.S. Chapter 163, Part III, the city and determine their qualifications, hereby creates a public body corporate duties, and compensation. For such legal and politic to be known as the Community service as it requires, the Agency may Redevelopment Agency. The Agency shall employ or retain its own counsel and be constituted as a public legal staff. The Agency shall file with instrumentality, and the exercise by the the Commission and with the State Auditor Agency of the powers conferred by F.S. General, on or ~efore ~arch 31 of each Chapter 163, Part III shall be deemed and year, a report of its activities for the held to be the performance of an preceding fiscal year, which report shall essential public function. include a complete financial statement setting forth its assets, liabilities, (B) Members. The Commission shall, income, and operating expenses as of the by ordinance, appoint a Board of end of such fiscal year. At the time of Commissioners of the Community filing the report, the Agency shall Redevelopment Agency, which shall consist publish in a newspaper of general of seven Commissioners. The terms of circulation in the community a notice to office of the Commissioners shall be for the effect that such report has been four years, except that three of the filed with the city and that the report members first appointed shall be is available for inspection during designated to serve terms of one, two, business hours in the office of both the and three years, respectively, from the City Clerk and the office of the Agency. date of their appointments, ~nd all other members shall be designated to serve for (4) At any time, the Commission terms of four years from the date of may appropriate to the Agency such their appointments. A vacancy occurring amounts as it deems necessary for the during a term shall be filled for the administrative expenses an1 overhead of unexpired term. the Agency. (1) A Commissioner shall (5) The Commission may r~mov~ a receive no compensation for his services, Commissioner for inefficiency, neglect of but is entitled to the necessary duty, or misconduct in office only after expenses, including traveling expenses, a hearing and only if he has ~een given a incurred in the discharge of his duties. copy of the charges at least ten days Each Commissioner shall hold office until prior to the hearing and has had an his successor has been appointed and has opportunity to be heard in person or by qualified. A certificate of the counsel. appointment or reappointment of any Commissioner shall be filed with the City (C) Code of Ethics. The officers, Clerk, and such certificate is conclusive Commissioners, and employees of the evidence of the due and proper Community Redevelopment Agency shall be appointment of that Commissioner. subjgct to the provisions and requirements of F.S. Chapter 112, Part (2) The powers of the Agency III. shall be exercised by the Commissioners thereof. A majority of the Commissioners (1) If any such official, shall constitute a quorum for the purpose Commissioner, or employee presently owns of conducting business and exercising the or controls, or owned or controlled powers of the Agency and for all other within the preceding two years, any purposes. Action may be taken by the interest, direct or indirect, in any Agency upon a vote of a majority of the property which he ~nows is included or Commissioners present, unless in any case planned to be included in a community the bylaws require a larger number. Any r~development area, he shall immediately person may be appointed as a Commissioner disclose this fact in the manner provided if he resides or is engaged in business, in F.S. Chapter 112, Part III. ~ny which means owning a business, practicing disclosure required to be made ~y this a profession, or performing a service for section shall be made prior to taking any official action pursuant to this se~tion. § 170.02 DELRAY BEACH COMMUNITY REDEVELOPMENT 4 ( 2) No Commissioner of other that increment in the income, proceeds, officer of the Agency or Board of re venues, and funds of the city derived Commissioners exercising powers pursuant from or held in connection with its to this section shall hold any other undertaking and carrying out of community public office under the city other than redevelopment projects therein. The his Commissionership or office with increment shall be determined and respect to the Community Redevelopment appropriated annually, and shall be that Agency or Board of Commissioners. amount equal to the difference between: (F.S. SS 163.356, 163.367) {'80 Code, S 2-135 (1), (2» (1) That amount of ad valorem taxes levied each year by all taxing (D) Delegation of power. The authorities except the County School Commission delegates to the Community Board Ofi taxable real property contained Redevelopment Agency each of the powers within the geographic boundaries of the set forth in F.S. SS 163.370 et seq. community redevelopment project; and (excluding however those powers enumerated in F. S. SS 163.370(1) (1) and (2) That amount of. ad valorem (m» . However, the ci ty retains the taxes which would have been produced by right to exercise any of the powers the rate upon which the tax is levied delegated herein to the Community each year by or for all taxi:1g Redevelopment Agency, and such powers authorities except the School Board upon shall not be deemed to be vested the total of the assessed value of the exclusively in the Agency. ('80 Code, taxable property in the community S 2-135(4) ) redevelopment project as shown upon the (Ord. 46-85, passed 6-18-85) most recent assessment roll used in connection with the taxation of such S 170.02 COMMUNITY REDEVELOPMENT PLAN. property by each taxing authority, last equalized prior to the effective date of The Community Redevelopment Agency the resolution approving the community shall prepare or cause to be prepared a redevelopment plan. community redevelopment plan as described in F. S. S 163.360, for any area that the (D) The city's obligation to fund Commission has, by resolution, determined the Trust Fund shall continue until all to be a slum area, a blighted area, or an loans, advances, and indebtedness, if area in which the re is a shortage of any, and interest thereon, of the Agency housing affordable to residents of low or incurred as the result of a community moderate income, including the elderly, redevelopment project have been pai~, but or a combination the reof , and designated only to the extent that the tax increment such area as appropriate for community discribed in ::H vis ion (C) above acc rues. redevelopmen t. The city shall make its a9propriation to ( , 80 Code, S 2-135(3» (Ord. 46-85, the Trust Fund at the beginning of the passed 6-18-85) city's fiscal year. The Trust Fund shali. receive the income above-described prior Statutory reference: to December 31 of each calendar year. Preparation of plan, see F.S. The ci ty shall fund the Trust Fund for § 163.360 the duration of each project undertaken Modification of plan, see F.S. by the Agency and approved by the city. S 163.361 further: Contents of plan, see F.S. S 163.362 (1) The revenue bonds and notes § 170.03 REDEVELOPMENT TRUST FUND. of every issue of the Agency shall be payable solely out of revenues pledged to (A) There is hereby established and and received by the Agency and deposited created in accordance with the provisions to the Trust Fund. The lien created by of F.S. S 163.387 a Redevelopment Trust such bond s or notes shall not attach Fund. unti 1 the revenues referred to here in are depos i ted in the Trust Fund at the times, (B) The funds allocated to, and and to the extent that, such revenues deposited into the Redevelopment Trust accrue. The holders of such bonds or Fund are hereby appropriated to the notes shall have no right to requ i re the Community Redevelopment Agency to finance imposition of any tax or the or refinance each community rede ve lopmen t establishment of any rate of taxation in project it under takes. The Agency shall order to obtain the amounts necessary to utilize the funds and revenues paid into pay and re tire such bonds or notes. and earned by the Redevelopment Trust Fund for all and every communi ty (2) Revenue bonds is sued bv the redevelopment purpose as contained in the Agency shall not ~e deemed to constitute plan for redevelopment and as provided by a debt, li abi li ty, or obligation of the law. city or the state or any poli tical subdivision thereof, or a ?ledge of the (C) The annual funding of the Trust faith and credit of the city or the state Fund shall be in an amount not less than or any political subdivision thereof, but 5 DELRAY BEACH COMMUNITY REDEVELOpr~NT § 170.04 shall be payable solely from the revenues provided therefor. All such revenue bonds shall contain on the face thereof a statement to the effect that the Agency shall not be obligated to pay the same or the interest thereon except from the revenues of the Agency held for that purpose and that neither the faith and credit nor the taxing power of the city or of the state or of any political subdivision thereof is pledged to the payment of the pri~cipal of, or the interest on, such bonds. (E) The Agency is hereby directed to establish the Trust Fund and to develop and promulgate rules, regulations, and criteria whereby the Trust Fund may be promptly and effectively administered, including the establishment and the maintenance of books and records and the adoption of procedures whereby the Agency may expeditiously utilize the funds for their allocated statutory purpose. (F.S. S 163.387) (Ord. 62-86, passed 9-23-86) § 170.04 PROVISIONS SUPPLEMENTAL. This chapter shall be deemed supplemental to the provisions of F.S. Chapter 163, Part III, the provisions of which are incorporated herein by reference. ( , 80 Cod e, oS 2-135(5» (Ord. 46 -8 5, passed 6-18-85) DOWNTOWN DEVELOPMENT AUTHORITY I. Generally Established by Special Act of Legislature (Chapter 71-604, Laws of Florida) (HB 1250) ("Delray Beach Downtown Development Act II ) . Requires further action by Florida Legislature by local bill to amend. Corporate body. II. Number of Members Five members appointed by City Commission, III. Duration of Terms Three year terms; no more than two consecutive terms. IV. Membership Requirements Must reside in or have principal place of business in City, not be a City officer or employee, and at least three members must be owners of realty within downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer, or managing agent of an owner of or a lessee thereof so required to pay taxes thereon. V. Meetinqs At least once per month. Currently meeting two times per month, the first and third Mondays. VI. Duties See attached (a) through (e) . II L . ï . . . . - '... 1 for any action taken in 2 aith to perform his duty, 3 in instances of II neglect 5 .tion 5. INTERNAL \ 6 GOVErnmENT - te Authority and 7 may amend its '\ and written wn rules of 8 bylaws majority 9 of its 10 All action shall 11 be taken by at votes of 12 the Authority, shall 13 vote on each matter voting 14 as herein provided. shall select 15 one of its members as another as 16 Vice Chairman and sh e 'their duties, 17 ',I 18 \ meetings at least nee a month 'f" shall provide 19 holding special All 20 meetings 21 22 of the 23 meetings Board as an ex 24 but have any vote 25 the that he shall be entitled to 26 · speak on any issue or question before the Board. · .. 27 Section 6. FUNCTIONS 010'. THE AUTHORITY - · · . 28 ' .. The Authority shall perform the following functions: ..0 29 .'0 1250 .. . 30 .. . . . 31 ... S If : .., . . . . . ,. . ¥. j . 1 (a) Prepare an analysis of the economic 2 conditions and changes occurring in the Downtown 3 area, including the effect thereon of such factors 4 as metropolitan growth, traffic congestion, lack I S of adequate parking and other access facilities, I I I 6 and structural obsolescence and deterioration. i I 7 (b) Formulate long-range plans for improving 8 the attractiveness and accessibility to the public 9 of Downtown facilities, promoting efficient use , 10 thereof, remedying the deterioration of Downtown ,f 11 property values, and developing the Downtown ! 12 area. 13 Cc) Recommend to the City Council and to 14 Downtown businesscen and residents the actions 15 deemed most suitable for implementing the Downtown 16 development plans, including removal, razing, 17 repair, renovation, reconstruction, recodeling, 18 and improvement of existing structures, addition 19 of new structures and facilities, relocation 20 of any of those existing, and changes in patterns 21 of and facilities for getting thereto and therefrom. 22 Cd) Participate actively in the implementation 23 and execution of Downtown development plans, 24 including establishment, acquisition, construction, - . . - ~..~ ----_.~. 2S ownership, financing, leasing, licensing, operation, .- · · 26 and management of public facilities deemed feasible .. . . · 27 · and beneficial in effecting implementation, but · . '. . 28 this paragraph shall not give the Authority any .. .. 29 .. 1250 ... 30 · · .. . 31 9 / 11 , L I I . . . , . . Y' . 1 power or control over any City property unless 2 and until assigned to it by the City Council 3 under the provisions of paragraph (e) of this 4 section. S (e) Carryon all projects and undertakings 6 authorized by law and within the limits of the 7 powers granted to it by law, such additional 8 public projects and undertakings related to the 9 Downtown area as the City Council may assign 10 to it with its consent. 11 PO~'lERS OF THE 12 In the of 13 or Authority ·.14 the 15 (a) agreements, 16 and 17 (b) To 18 (c) To , conveyor otherwise 19 dispose of, lease as or lessee, construct, 20 maintain, improve, raze, relocate, operate, 21 and manage propert 22 licenses, easements, 23 and 24 (d) of any 25 type of value . · . · . 26 from any ... · · . 27 (e) the proceeds 0 · . · \ · 28 1250 · hereby · · · 29 ! · · · 30 "- .. t. 31 10 ~ . , EDUCATION BOARD I. Generally Created by Resolution No, 54-89 and amended by Resolution No. 23-90 with a sunset date of June, 1990. Ad-hoc Advisory body to the City Commission. The board shall cease to operate as an ad-hoc board on June 12, 1990. Commission may authorize as permanent board at that time. II. Number of Members Eight ( 8) members appointed by City Commission. III. Duration of Terms Till June 12, 1990. If made a permanent board by Commission, current members seated will continue for one or two year terms based on Commission decision. IV. Membership Requirements Appointed by City Commission - requirements are open at this time. V, Meetings At least once per month, meetings to begin at 5:30 P.M. in the Ci ty Hall. VI. Duties Monitor of School Board activities; act as liaison between School Board and City Commission. Participate in an information exchange via school newsletters and principal's office with the administration of each Delray Beach school as well as those attended by Delray Beach students elsewhere. Preparation of an annual "State of the School" report for De1ray Beach schools; development of recommendations to the City Commission for forwarding to School Board regarding actions which may be taken in support of schools in Delray Beach and with respect to proposed legislation at the state level. Maintenance of a continuous public relations effort to improve and maintain the public image of De1ray Beach schools - this effort should include, but not be limited to placement of favorable materials in local media, development of brochures and other materials to be utilized in "marketing" the De1ray Beach schools. Identifying and attracting state and federal programs and grants in direct support of Delray Beach schools. Provide comments to the City Commission regarding proposed developments and their impacts upon School racial balance. . . ~ (GENERAL EMPLOYEES PENSION) RETIREMENT COMMITTEE I. Generally Florida Statutes Chapter 112, "Public Officers and Employees; General Provisions"; Part I, "Conditions of Employment; Retirement; Travel Expenses", and Part VII, "Actuarial Soundness of Retirement Systems". Board ("Retirement Committee") is "named fiduciary" - to "administer plan" (Code Section 35,089), with Sun Bank as trustee of funds. Enacted in 1974 in Code (Chapter 18, "Pensions and Retirement", Article IV, "Pensions for General Employees") - Recodified to 35.085, Section (35.105) - administration of plan. II. Number of Members Code Section (35.105 (A) ( » - appointed by Commission; consists of: (a) a chairperson and at least one, but not more than four additional members; (b) a single individual, or (c) a corporate trustee. City Attorney is ex-officio member. III. Duration of Terms No restriction imposed by City's Code of Ordinances. Solely states that if one or more individuals, said individuals shall serve until successor(s) appointed. IV. Membership Requirements No technical requirements or restrictions; where one or more individuals, "each member may, but need not, be an official or employee of the City." V. Meetings As needed. VI. Duties To hear and rule on matters relating to general employee pension plan. - , . . S 35.071 DELRAY BEACH EMPLOYEE POLICIES AND BENEFITS 50 "- Social Security Act as amended, for and on ~ 35.088 EFFECTIVE DATE. behalf of all officers and employees of its departments and agencies to be covered The plan created was effective as of under the agreement. January 1, 1965, and subsequently amended and ('80 Code, S 18-17) restated shall be again amended and restated effective as of the date of execution of this ~ 35.071 CUSTODIAN OF FUNDS: WITHHOLDING subchapter. AND REPORTING AGENT. (' 80 Code, S 18-67) (Ord. 13-74, passed 4-22-74) T~e City Treasurer is designated the custodian of all sums withheld from the § 35.089 INTRODUCTION. compensation of officers and employees and of the appropriated funds of the (A) The plan will be administered by a contribution of the city and the City committee, as more fully described in Treasurer is made the withholding and S 35.105(A) of the plan. In conjunction with repòrting agent and charged with the duty the amendment and restatement of the plan, of maintaining personnel records for the the city will continue the trust fund purposes of this subchapter. pursuant to an agreement which is known as (' 80 Code, S 18-18) the "Retirement Trust for Employees of the City" (which trust agreement, as it is RETIREMENT PLAN originally written and as it may hereafter be amended, is hereafter referred to as the ~ 35.085 TITLE. trust agreement), with the Sun First National Bank of Delray Beach as trustee or any The plan hereby created by the city successor trustee (hereinafter referred to as shall be known as the "Retirement Plan for trustee) , and the funds contributed by the Employees of the City" (hereinafter city and the employees for the purpose of referred to as the "plan"). All the providing the benefits specified in the plan affairs and business of this plan shall be will be held in the trust fund and transacted in that name. administered by the trustee in accordance (' 80 Code, S 18-66) (Ord. 13-74, passed with the provisions of the trust agreement. 4-22-74) (B) The trust agreement, and any future .§ 35.086 AUTHORIZATION. amendments thereto, shall form a part of the plan and any amendments hereto, in the same An amended and restated retirement plan manner as if all terms and provisions thereof is authorized to be adopted and the were copied here in detail; the terms and existing retirement trust together with the provisions of the plan, and any future plan is authorized to be administered to amendments hereto, shall form a part of the provide benefits in accordance with the trust agreement as from time to time it may provisions of this subchapter. The be amended, in the same manner as if the same currently appòinted committee is authorized were copied in the trust agreement in detail. and directed to take the necessary steps for putting the plan into effect, and if (C) The plan as set forth herein is an deemed desirable by the City Attorney the amendment, restatement, and continuation of submitting of the necessary documents to the superseded plan as in effect on April 22, obtain approval of the plan by the Internal 1974 and it is intended that there be no Revenue Service as a qualified plan under lapse either in time or effect between this Sections 401(a) and 50l(a) of the Internal plan and the superseded plan Revenue Code, make any amendments required by the Internal Revenue Service to obtain (D) Under the superseded plan, all approval and administer the plan as benefits provided thereunder were funded provided herein, provided those amendments through the medium of a trust fund do not increase the cost of the plan to the established and maintained for the purposes city. of the superseded plan. Under the plan, all (' 80 Code, S 18-64) (Ord. 13-74, passed benefits will likewise be funded through the 4-22-74) medium of a trust fund, established and maintained for the purpose of the plan, for ~ 35.087 PURPOSE. the exclusive benefit of the employees covered under the plan, and their The purpose of the plan is to provide beneficiaries. benefits to regular and permanent city employees (as defined in S 35.090(A) of (E) All covered employees will be this subchapter) and their beneficiaries treated alike under the plan; however, it is upòn the occurrence of retirement, death, the desire and intention of the city or disability of the employee or upòn his termination of employment as provided herein. ('80 Code, S 18-65) (Ord. 13-74, passed 4-22-74) . . . 51 DELRAY BEACH EMPLOYEE POLICIES AND BENEFITS S 35.091 to preserve for the benefit of the ( 2) April 23, 1974, for each employees covered under the superseded other employee who was not a participant plan all benefits accrued to their credit in the superseded plan but who has thereunder as of April 22, 1974. The completed one year of credited service as benefits provided under the plan for of such date¡ however, any person those employees, are at least equal to employed by the city after January 1, the benefits being provided under the 1965, but prior to April 23, 1974, whose superseded plan, as in effect on April attained age at his date of employment 22, 1974. Furthermore, no rights under was 60 years, shall not become a the superseded plan as heretofore vested participant in the plan¡ have been diminished. ( 3) The date after April 22, ( F) The plan is applicable to each 1974, as of which each other employee has employee of the city who is eligible to completed one year of credited service: participate thereunder upon meeting the however, any person employed by the city applicable eligibility requirements on or after April 23, 1974, who has adopted by the city. Each employee who attained the age of 55 years as of the retires from service with the city on or date of his employment shall not become a after April 23, 1974, in accordance with participant in the plan. the terms of the plan will be entitled to a retirement benefit determined in (C) Each such employee who meets the accordance with the following eligibility requirements as set forth provisions. Each employee whose service above shall, as a condition of continued is terminated on or after April 23, 1974, employment, make contributions to the but prior to his retirement hereunder plan as required by S 35.095 (A) , and will be entitled to the benefits shall become a participant in the plan described in § 35.097(E) of this and be subject to all other provisions in subchapter. Any employee of the city who the plan beginning on such date. was a participant in the superseded plan and who had retired under the plan prior (D) Any employee who is absent from to April 22, 1974, and who was no longer the active service of the city on the in the active full-time service of the effective date of the plan by reason of a city as of that date shall continue to leave of absence granted by the city, or receive the benefits to which he was by reason of compulsory military service, entitled under the superseded plan but will become a participant hereunder as of shall not receive any additional benefits the date of his return to active under the plan. employment. ( '80 Code, 5 18-68) (Ord. 13-74, passed 4-22-74; Am. Ord. 1 07 -8 2 , passed 1-11-83) (E) Each participant will be retired under the plan and entitled to a § 3 5 . 0 90 ELI am IL ITY¡ PARrI CIPATION. reti rement income upon retirement from service with the city by reason of his (A) For the purpose of this section age, subject to any minimum service "EMPLOYEE" shall mean any person in the requirements herein. Each such regular full-time service of the city¡ participant whose employment is provided , however, that the term shall terminated because of mental or physical not include City Commissioners, the City disability in accordance with § 35.097 Attorney (and assistants), judge, (D) of this subchapter shall bP. entitled prosecutor (and assistants), department to disability benefits. Upon the death heads upon their written election not to of a participant, his beneficiaries will participate in the plan, or any person be entitled to death benefits as employed for a temporary period or for a prescribed in S 35.097 (E) of this temporary job, or whose customary subchapter. Any participant whose employment is for less than 20 hours in service is terminated for any reason anyone week or for less than five months other than retirement, disability in anyone calendar year. Also those retirement, or death will be entitled to firefighters and police officers employed benefits upon termination of service as by the city who are participants in provided in S 35.097 (E) of this retirement plans as provided for in F.S. subchapter. Chapters 175 and 185 or other applicable ('80 Code, 5 18-79) (0 rd. 13-74, passed city ordinances shall not become 4-22-74¡ Am. Ord. 67-84, passed 9-25-84 ¡ participants in the plan. Am. Ord. 105-84, passed 1-15-85: Am. Ord. 45-87, passed 5-26-87) ( B) The date on which each such employee will become a participant in the S 35.091 SERlTICE. plan shall be: The term "SERlTICE" shall mean that (1) Apr il 23, 1974, for each period of continuous uninterrupted employee who was a participant in the employment with the city from the superseded plan as of April 12, 1974¡ employee's or participant's last date of · § 35.103 DELRAY BEACH EMPLOYEE POLICIES AND BENEFITS 66 appointed guardian, conservator, known to the Committee, notify the person committee, or other duly appointed legal that: representative, in which event payment shall be made to the representative: (1) All unmailed and future retirement income payments shall be (1) Directly to that person henceforth withheld until he provides the unless the person shall be a minor or Committee with evidence of his continued shall have been legally adjudicated life and his proper mailing address: and incompetent at the time of the payment: (2) His right to any retirement (2) To the spouse, child, income whatsoever shall, at the option of parent, or other blood relative to be the Committee, be cancelled forever if, expended on behalf of the person entitled at the expiration of three years from the or on behalf of those dependents as to date of the mailing, he shall not have whom the person entitled has the duty of provided the Committee with evidence of support: his continued life and his proper mailing address. (3) To a recognized charity to be expended for the benefit of the person (3) upon legal determination of entitled or for the benefit of those death, or other evidence satisfactory to dependents as to whom the person has the the Committee, a participant's retirement duty of support: or income payable under any provision of the plan will be paid to his designated (4) By the Committee itself beneficiary. If, however, no designated receiving the expending or directing the beneficiary is recorded with the expenditure of the same for the benefit Committee, it will be paid first to his of the person entitled or for the benefit spouse, if living, and if not, to his of those dependents as to whom the person surviving children in equal shares. has the duty of support. ('80 Code, § 18-137) (B) The decision of the Committee § 35.104 roNDITIONS Of' EMPLOYMENT NOT will, in each case, be final and binding AFFECTED BY PLAN. upon all persons and, except in the case of division (A) (4) of this section, the The establishment and maintenance of Committee shall not be obliged to see to the plan will not be construed as the proper application or expenditure of conferring any legal rights upon any any payments so made. Any payment made participant to the continuation of his pursuant to the Power herein conferred employment with the city, nor will the upon the Committee shall operate as a plan interfere with the rights of the complete discharge of the obligations of city to discipline, layoff, or discharge the tr ustee and of the Commi ttee. any par ti ci pan t. ('80 Code, § 18-135) ('80 Code, S 18-136) § 35.103 ABANDONMENT OF BENEFITS. S 35.105 ADMINISTRATION BY RETIREMENT COMMITTEE. - (A) Each participant and other person entitled to benefits hereunder (A) (1) The plan will be shall file with the Retirement Committee administered by the Retirement Committee from time to time, in writing, his post (herein referred to as the Committee) office address and each change of post appointed by the City Commission, office address, and any check consisting of a chairperson and at least representing payment hereunder and any one but not more than four additional communication addressed to a participant, members, a single individual, or a a former participant, a beneficiary or a corporate trustee. Where the Committee pensioner hereunder at his last address consists of one or more individuals, each filed with the Committee (or, if no member may, but need not, be an official address has been filed, then at his last or employee of the city, and each member, address as indicated on the records of or the corporate trustee selected to act the city) shall be binding on that person as the Committee, shall be appointed by for all purposes of the plan, and neither the City Commission to serve unti 1 his the Committee nor the trustee shall be successor shall be appointed in like obliged to search for or ascertain the manner. location of any person. (2) Ifhere the Committee is a (B) If the Committee, for any corporate trustee which at the same time reason, is in doubt as to whether is serving as trustee of the plan, the retirement income payments are being corporate trustee shall function received by the person entitled thereto, separately in its two capacities insofar it shall, by registered mail addressed to as the plan and trust are concerned; as the person concerned at his address last the Committee it may deal with itself as HISTORIC PRESERVATION BOARD I. Generally Governed by Code Section 174.40 - 174,43. II. Number of Members Seven members appointed by the Commission. III. Duration of Terms Initial Terms - four members - two years from the day the Board is formally established. The initial terms of the remaining three members shall last three years. Thereafter, the terms of all members shall be two years. IV. Membership Requirements Must be residents of the City or have their principal place of business in the City; each nominee shall represent a broad geographic area of the City. Has intended that members will be persons of knowledge, experience, judgement and background and have personal or professional interest or experience in historic restoration and preservation. V, Meetings Once a month and on as as needed basis, VI. Duties Items ( A) through (S) Code Section 174.43. 209 DELRAY BEACH HISTORIC PRESERVATION S 174.42 applicable ordinances, the Chief Building protection of historic districts and Official will attempt to have the structure structures. repaired rather than demolished, and will ('80 Code, S 31-3) (Ord. 13-87, passed take into consideration any comments and 3-10-87: Am. Ord. 109-88, passed 9-27-88) recommendations by the Board. However, the provisions contained within division (AI of S 174.41 TERMS OF OFFICE. this section shall not apply to the Chief Building Official's declaration that a (A) The initial terms of four of the building is unsafe, nor will the Chief members nominated by the committee shall last Building Official be precluded from taking two years from the day the Board is formally whatever steps, as may be required by established while the initial terms of the applicable ordinances to protect the public remaining three members shall last three health and safety of the community. The years. Thereafter, the terms of all members Board may also endeavor to negotiate with shall be two years. the owner and interested part~es, provided such actions do not interfere with (B) The term of a Board member will be procedures in the applicable ordinances. automatically terminated in the event a (Ord. 109-88, passed 9-27-88) member fails to attend any three consecutive regularly-scheduled meetings, or any four HISTORIC PRESERVATION BOARD meetings in any 12-month period during the member's term of office. This provision does S 174.40 CREATION: COMPOSITION. not include special or emergency meetings. (A) There is hereby created a Historic (C) Any me~r may be removed with or Preservation Board of the city. It will w~thout cause by a majority vote of the consist of seven members appointed by the Commission. Appointments to replace any Commission. member due to death, resignation, or removal will be made by the Commission and will last . (B) Ini tially, a five-member for the unexpired term. Board members may committee, whose membership will include only serve for two consecutive terms. The the Chairman of the Planning and Zoning serving of an unexpired term shall not be Board, the President of the Delray Beach counted toward the two-term limitation. Historical Society, the Chairman of the Community Redevelopment Agency (CRA) , (D) Members of the Historic Preservation Chairman of the Community Appearance Board, Board will serve without pay, but may be and one member selected by the Commission, reimbursed for appropriate, necessary will nominate members of the Board to the expenses. Commission. All such nominees and all ('80 Code, S 31-4) (Ord. 13-87, passed future Historic Board members shall be 3-10-87) residents of the city or have their principal place of business in the city: S 174.42 ORGANIZATION. each nominee shall r.present a broad geographic area of the city. (A) The Board will elect a Chairman and a Vice-Chairman from its membership. They (C) The committee will make will serve terms of one year each. Nothing nominations within 30 days following the will prevent the Board from electing the passage of this chapter, Thereafter, after Chairman and the Vice-Chairman for an advertisinq the. vacancy according to city additional term, but they may not serve more policy, the Preservation Board shall than two consecutive years. The Chairman recommend to the City Commission nominees will preside over the Board and will have the to fill vacancies as the need arises, The right to vote. In the absence or disability Board's nominations are subject to approval of the Chairman, the Vice-Chairman will by the City Commission. perform the duties of the Chairman. The City Manaqer's designee shall act as the City (D) It is intended that members of the Historic Preservation Officer, and will serve Historic Preservation Board will be persons as Secretary of the Board. of knowledge, experience, judgment, and background, and have personal or (B) A majority of the Board (four) wlll professional interest or experience in constitute a quorum, but no application for historic restoration and preservation. They approval of a certificate of appropriateness will have the ability and desire to act in will be denied except by the vote of a the public interest and represent, insofar majority of the entire Board (four l;otes of as possible, the various special personal seven total) . and professional interests requ~red to make informed and equitable decisions concerning (C) The Board shall adopt rules the preservation, conservation, and providing for the transact~on of its business and consideration of appli- 1988 5-1 cations, for the time and place of S 174.43 DELRAY BEACH HISTORIC PRESERVATION 210 regular meetings, and for the calling of Board will endeavor to improve, expand, and special or emergency meetings. All make more accurate the survey as additional meetings of the Board shall be open to the documents, information, oral histories, and public and a public record will be kept of other such materials may become available, the Board's resolutions, proceedings, and and it will periodically re-evaluate the actions. survey. The Board will work with the City Historical Society, the State Bureau of (D) The Board's rules and regulations Historic Preservation, the Historic Palm shall not conflict with the Constitution Beach County Preservation Board, and other and general rules of the State of Florida, appropriate public and non-profit nor the City Charter, and will govern and organizations in developing this survey; control procedures, hearings, and actions of the Board. No rules and regulations (B) Nominate properties for designation, will become effective until a public and regulate and administer such properties, hearing upon the proposed rules and structures, buildings, sites, districts, and regulations has been held before the Board. the like so designated as historic sites The rules and regulations, with any andlor historic districts; amendments and modifications thereto, must be approved by the Commission and filed (C) Participate in the National Register with the City Clerk. Open approval by the program in this state to the greatest Commission, such rules and regulations will possible extent, ~s defined by the 1981 and have the force and effect of law within the subsequent amendments to the Historic city. Preservation Act of 1966 and regulatlons and rules drafted pur~uant to those amendments by (E) The Board will hold regular the National Park Service and the State meetings to consider nominations for Bureau of Historic Preservation; designation of historic status, review applications for certificates of (D) Act as a regulatory body to approve, appropriateness, and conduct other such deny, or modify certificates of duties and business as the Board is charged appropriateness as specified by SS 174.30 with under this chapter. The Board must through 174.33; meet within 15 days of a nomination for designation or the filing of a certificate (E) Make recommendations concerning of appropriateness to consider such zoning code amendments to the Planning and nominations and applications, unless the Zoning Soard, and concerning building code applicant or nominating party is willing to amendments to the Chief Building Official; delay consideration until the next regular meeting of the Board. (F) Act in lieu of Board of Adjustment. The Historic Preservation Board shall act in (F) The Board will draft and propose lieu of the Board of Adjustment and is an annual budget to the Commission in empowered to grant variances from existing accordance with the normal annual city ordinances for properties designated as budget approval process. The Commission historic sites, within designated historic may appropriate funds from general districts or listed on the Local Registor of revenues, or have such funds collected with Historic ~laces. In addition, the Board is appropriate fees and/or received from empowered to grant variances from the sign gifts, state or federal grants, and other code for those non-conforming signs which sources, in the budget for the Historic existed at the time of enactment of the sign ~reservation Board for expenses necessary code. to the conduct of its work. Acceptance of any loans, grants, bequests, gifts, or (G) Develop, establish, and regulate revenues from sources other than fees must guidelines concerning contemporaneous be approved by the Commission. architectural styles, colors, building ('80 Code, S 31-5) (Ord. 13-87, passed materials, and so forth for historic sites 3-10-87) and within historic districts. Such guidelines will be subject to review by the ~ 174.43 POWERS AND DUTIES. Community Appearance Board and the Plann~n9 and Zoning Board, and will be subject to The Historic Preservation Board shall approval by the Commission. The Board's have the following powers, functions, and consideration and approval of certificates of duties, in addition to such other powers, appropriateness under these guidelines shall \ duties, functions, and authority as may be be in lieu of consideration and approval by set forth elsewhere in this code of the Commun~ty Appearance Soard; ordinances: (H) Make recommendations to the (A) Develop, maintain, and update a Commission about facade easements, the survey of archaeological sites, properties, impos~tion of other restrictions, and the buildings, structures, and districts of negotiation of contracts for the purposes of special historic, aesthetic, architectural, historic preservation; cultural, or social value or interest. The 1989 5-2 · DELRAY BEACH HOUSING AUTHORITY I. Generally Created pursuant to Florida Statutes, Chapter 421, "Public Housing," at Section 421.04, by Resolution of the City Council, No. 38-70; original appointment by certification dated July 13, 1970. Since is established pursuant to statutes, would require statutory modification for amendments, IV. Number of Members Composed of seven (7) members. Appointed by Mayor, with approval of City Commission. III. Duration of Terms After initial period, staggered four year terms. Members hold office until successor appointed. No more than two consecutive terms. IV. Membership Requirements None required; however, required one or more members to always be resident of the housing projects. V. Meetinqs Once per month minimum. Currently meeting two times per month. VI. Duties See attached Section 421.08. . :~ .. . ! ---.- ,------_.._.~'.. _.. . - - Ch.421 PUBLIC HOUSING F.S. 19~ F.S. such powers or duties as it may deem proper. sion in this chapter, the authority shall not construct na"'1C HI.tory.-s, 5. ch, 17981. 1937; CGlI940 ßupp, 7100(3-8); s. 1, ch, 59-413; s. lease, control, purchase, or otherwise establish in con: 1, ch, 78-;-165; ss. 1,2. ch, 8G-357; s, 273. ch. 81-259; s, 1, ch, 84-250; s, 1. ch, 89-33. nection with or as a part of any housing project or any co....n aa:TI If 421.06 Commissioners or employees prohibited other real or any other property under its control, any th.e c from acquiring interests in housing projects and re- system, work, facilities, plants, or other equipment for lhêre· quired to disclose interests in specified properties; ex· the purpose of furnishing utility service of any kind to Ier- 5 ception.-Except for the leasehold interest held by a such projects or to any tenant or occupant thereof in the rT1€'1 Ii I tenant-commissioner in the housing project in which he event that a system, work, facility, plant, or other equip- ."7) I is a tenant, no commissioner or employee of an authority ment for the furnishing of the same utility service is be- or¿r I shall acquire any interest,direct or indirect, in any hous- ing actually operated by a municipality or private eon- CCr·dL ing project or in any property included or planned to be cern in the area of operation or the city or the territory tes:¡m included in any project, nor shall he have any interest, immediately adjacent thereto; provided, further, that he¿'¡n ¡ nothing herein shall be construed to prohibit the con- ,\ direct or indirect, in any contract or proposed contract struction or acquisition by the authority of any system, ml!'":st, ! for materials or services to be furnished or used in con· anc<: ( nection with any housing project. If a commissioner or work, facilities, or other equipment for the sole and only ~sa purpose of receiving utility services from any such mu· employee of an authority owns or controls an interest, nicipality or such private concern and then distributing WI:-¿S ; direct or indirect, in any property included or planned to ter.:: t. be included in any housing project, he shall immediately such utility services to the project and to the tenants to -:é t disclose the same in writing to the authority. Such dis- and occupants thereof; and, notwithstanding anything these ~ closure shall be entered upon the minutes of the authori- to the contrary contained in this chapter or in any other cwe-: J ty. Failure so to disclose such interest constitutes mis- provision of law, to include in any contract let in connee- ish,....:: conduct in office. tion with a project, stipulations requiring that the con- - HI8tory.-s, 6. ch. 17981. 1937; CGl 1940 Supp, 7100(3-1); s. 2. ch, 84-250, tractor and any subcontractors comply with require- o~a' rç ; ments as to minimum wages and maximum hours of la- garc . ; 421.07 Removal of commissioners.-For inefficien- bar, and comply with any conditions which the Federal whc- cy or neglect of duty or misconduct in office, a commis- Government may have attached to its financial aid of the or~ sioner of an authority may be removed by the mayor with project. (8 the concurrence of the governing body, but a commis- (4) To lease or rent any dwellings, houses, accom- ers - sioner shall be removed only after he shall have been modations, lands, buildings, structures, or facilities em- ace given a copy of the charges at least 10 days prior to the braced in any housing project and, subject to the limita- er r::- hearing thereon and had an opportunity to be heard in tions contained in this chapter, to establish and revise less' person or by counsel. In the event of the removal of any the rents or charges therefor; to own, hold, and improve ....... I. ctt. ," commissioner, a record of the proceedings, together real or personal property; to purchase, lease, obtain op- ,~- with the charges and findings thereon, shall be filed in tions upon, acquire by gift, grant, bequest, devise, or the office of the clerk. otherwise any real or personal property or any interest 421.( HI8tory.-s, 7, ch. 17981; 1937; CGL 1940 supp. 7100(3;¡); s. 2, ch. 59-413, therein; to acquire by the exercise of the power of em~ this S:E' 421.08 Powers of authority.-An authority shall nent domain any real property; to sell, lease, exchange, opera:€ transfer, assign, pledge, or dispose of any real or per· to er-.at; constitute a public body corporate and politic, exercis- sonal property or any interest therein; to insure or pro- tions at ; ing the public and essential governmental functions set vide for the insurance of any real or personal property vidinc d, forth in this chapter, and having all the powers neces- or operations of the authority against any risks or haz· tions - ar. sary or convenient to carry out and effectuate the pur- ards; to procure or agree to the procurement of insur· opera:e ¡ pose and provisions of this chapter, including the follow- ance or guarantees from the Federal Government of the enue :0 ing powers in addition to others herein granted: payment of any such debts or parts thereof, whether or rentë;s:s f( (1) To sue and be sued; to have a seal and to alter not incurred by said authority, including the power to it sha/: fir the same at pleasure; to have perpetual succession; to pay premiums on any such insurance. WhÎCt':. Ir make and execute contracts and other instruments nec- (5) To invest any funds held in reserves or sinking nue, If)CC essary or convenient to the exercise of the powers of the funds, or any funds not required for immediate disburse- SOUrces , authority; to appear in court through any of its officers, ment, in property or securities in which savings banks (1) ì ¡ agents, or employees, for the exclusive purpose of filing may legally invest funds subject to their control; to pll' cipa artc: eviction papers; and to make and from time to time chase its debentures at a price not more than the princt . (21 Tr amend and repeal bylaws, rules and regulations, not in- pal amount thereof and accrued interest, all debentures mg ðnd c consistent with this chapter, to carry into effect the pow- so purchased to be canceled, 1IISur-d'lC€ ers and purposes of the authority. (6) Within its area of operation: to investigate into IÏV" thority ar (2) Within its area of operation, to prepare, carry out, ing, dwelling, and housing conditions and into the (3) Tc acquire, lease, and operate housing projects; to provide means and methods of improving such conditions; ID diatefo¡ su for the construction, reconstruction, improvement, alter- determine where slum areas exist or where there is · ser.-e SUff ation, or repair of any housing project or any part thereof. shortage of decent, safe, and sanitary dwelling acco:m- PaYlne!* (3) To arrange or contract for the furnishing by any modations for persons of low income; to make studieS one ~ person or agency, public or private, of services, privi- and recommendations relating to the problem of Cl~ ~ leges, works, or facilities for, or in connection with, a ing, replanning, and reconstruction of slum areas 421-09, r housing project or the occupants thereof; provided, the problem of providing dwelling accommodations trI however, that notwithstanding any other power or provi- persons of low income; to administer fair housing orct CII "-'._ , 178 ¡ · DELRAY BEACH HUMAN RELATIONS COMMITTEE I. Generally Established (permanent, but subject to repeal) in 1981 by Resolution No. 92-18 and amended in 1986 by Resolution No. 60-86. Amended again in 1990 by Resolution No. 8-90. II. Number of Members 14 persons chosen as follows: Three by President of South County Chapter of NAACP; three by President of local Nacarina Club, I nc . ; five, one by each member of the City Commission; three by President of Chamber of Commerce. City Commission has the authority to approve and ratify all selections to membership and to remove any members. III. Duration of Terms After initial appointments, two year staggered terms (pursuant to Section 1 (b) of Resolution No. 92-81, 28-82. IV. Membership Requirements No restrictions set forth in Resolution. v. Meetings Minimum once per month, VI. Duties See attached Section 9 (a) through ( i ) . , Res. No. B-90 Section 9. That specifically, the "Delray Beach Human Relations Comml.ttee": duties, powers, authority, and functions include the following: (a) That the "Delray Beach Human Relations Committee" shall act only in an advisory capacity to the City Commission, and the "Delray Beach Human Relations Committee's" actions and decisions shall not be binding on the City, the City Commission, or the City Administration. (b) That the "Delray Beach Human Relations Committee" shall act as facilitator for grievances or complaints by citizens of, or persons who own or operate businesses within the City of Oelray Beach, Florida. (c) That the "Delray Beach Human Relations Committee" shall consider only those matters that both (1) are of a . broad City-wide concern, and ( 2) since the "Delray Beach Human Relations Committee" is advisory only to the City Commission, over which the City Commission may have jurisdiction or have authority to act. (d) That the "Delray Beach Human Relations Committee" shall act as a facilitator of disputes or grievances and have the authority to conduct independent research into any complaints received by the Committee. (e) That the "Delray Beach Human Relations Committee" shall not consider any matter which involves a grievance or dispute between employers and employees, including those involving a city and its employees; nor shall the "Delray Beach Human Relations Committee" specifically consider any matters which are in litigation or where there is a claim made in anticipation of such Ii tig a tion . In such instances, Or where such matters are under review by other governmental agencies, entities, boards, or commissions, the Committee understands and acknowledges that the City Administration and City Attorney's office s ha 11 provide status information only regarding such litigation or claims until such matters have been finally received through .the appropriate forum. (f) That the "Delray Beach Human Relations Committee" shall hold meetings on a regular basis, which meetings shall be open to the public, minutes shall be kept of all such meetings, and any special meetings, with copies of said minutes, and any other reports, to be transmitted to the City Commission and the Ci ty Manager of the City of Delray Beach, Florida, within thirty (30) days of such meeting. (g) That the "Delray Be ach Human Relations Committee" is authorized and encouraged to review matters which are the City-wide concern, including but not limited to the relationships between members of the community at.-Iarge to identify any concerns and problems of a City-wide basis,to suggest to the City Commission, certain specific programs, guiaelines, and outlines to address these identifiable problems, which programs would serve to promote harmony and communication between all of the residents and citizens of the City of Delray Beach, Florida, and to sponsor activities within the cOl!U!lunity which shall also serve to promote such harmony and communication. (h) That members of the "Delray Beach Human Relations Committee" shall serve without compensation, but reasonable expenses shall be subject to reimbursement as provided by the City of De lray Beach's Charter and Code of Ordinances. (i) That the "Delray Beach Human Relations Committee" shall adopt by-laws which shall set forth the process for selection of presiding officers and procedures for the conduct of meetings within the guidelines set forth in this resolution. , . KIDS AND COPS COMMITTEE I. Generally Established as Ad Hoc Committee in May, 1989. II. Number of Members The Committee is made up of six ( 6 ) representatives as follows: City Commission, Police Department, Fraternal Order of Police ( FOP) , Human Relations Committee, Parks and Recreation and a school system representative. III. Duration of Terms Has not been established. IV, Membership Requirements Restriction set forth as established in No,·II, above. V. Meetinqs Minimum of once per month, VI. Duties - (responsibilities) Through selected activities the Committee's duties would be to strengthen the relationships between our local youth and members of the Delray Beach Police Department. To provide and encourage an alternative for kids from engaging in criminal behavior (street crimes, drug use, etc.), giving them the opportunity to take part in constructive and enjoyable activities. To instill upon the kids methods of improving their quality of life by discussing such topics as education, personal responsibility, build~ng self-esteem, consequences and alternatives to crime and drugs. PLANNING AND ZONING BOARD I. Generally Required pursuant to Section 3,08 of the City Charter, The Planning and Zoning Board is designated as the Local Planning Agency in compliance with provisions of FSS 163, Comprehensive Planning Acts. The Board is formally created by Section 171.15 of the City Code. II. Number of Members Seven members. III. Duration of Terms Staggered term, two ( 2 ) successive terms maximum. IV, Membership Requirements Either be a resident of the City or shall have their principal place of business in the City: The members shall be "persons of recognized experience and qualification"; and "shall hold no other public office or position under the City Government". V. Meetinqs. One regular business meeting and two workshops monthly, plus special workshops and meetings as necessary. VI. Duties Review and make recommendations to the City Commission on Land Use POlicy, Comprehensive Plan, Land Use Changes, Zoning and Rezoning Matters, Site Plans, Conditional Uses, Annexations and Water Service Agreements. Approval of Preliminary Subdivision Plats. Section ),07 DELRAY BEACH CHARTER 6 majority vote, to appoint a qualified calendar days after appointment. person to fill the vacancy. The (Ord. 4-76, passed 2-23-76, App. at Ref., appointed member shall serve until the 2-2-76; Am. Ord. 10-83, passed 1-25-83, last Thursday in March following the next App. at Ref. 3-1-83; Am Ord. 84-83, regular city election, or until the last passed 11-22-83) Priday in March should the last Thursday fall on a legal holiday. In the event Section 3.07. PROCEDURE. the term of office to which such person was appointed does not expire as of the (a) Meetings. The commission shall last Thursday in March fOllowing the next meet regularly at least twice in every regular city election, or until the last month at such times and places as the Friday in March should the last Thursday commission may prescribe by rule. fall on a legal holiday, and the vacancy Special meetings may be held on the call occurs at least sixty (60) or more of the mayor or of a majority of the calendar days preceding the date of the members and, whenever practicable, upon regular city election, then the appointed no less than twelve (12) hours' notice to member filling the vacancy shall serve each member and the pUblic. until the last Thursday in March following the next regular city election, (b) Rules. The commission shall or until the last Friday in March should determine its own rule~ and order of the last Thursday fall on a legal business. holiday, and the remainder of the unexpired term shall be filled by (c) voting. Voting, on ordinances, election at the next regular city resolutions and motions, shall be by roll election in the manner provided in call and shall be recorded in the Article V of this charter. If a majority journal. A majority of the commission of said remaining members are unable to shall constitute a quorum; but a smaller agree upon the appointlllent of a number lIIay adjourn from time to time and commissioner to fill said vacancy after may compel the attendance of absent two (2) regular meeting. have been held, members in the manner and subject to the then the commission shall call a special penalties prescribed by the rules of the election for that purpose, to be held commission. No action of the commission within sixty (60) calendar days following except as otherwise provided in section the said second reqular meeting. 3.06, shall be valid or binding unless adopted by the affirmative vote of three Cd) The office of mayor shall bec011e (3) commissioners. vacant for any reason that the office of ,(Ord. 4-76, passed 2-23-76, App. at Ref., any other commissioner may become vacant, 2-2-76) and a vacancy in the office of mayor shall also be deemed a vacancy in the Section 3.08. PLANNING AND ZONING BOARD commission. If a vacancy occurs in the AND BOARD OF ADJUSTMENT. office of mayor for any reason whatsoever, the vice-mayor shall (a) The commission shall in the automatically succeed to the office of interest of the public health, safety, mayor and shall serve as mayor until the order, convenience and general welfare last Thursday in March following the next create by ordinance a planning and zoning regular city election, or until the last board to make recommendations to the Friday in March should the last Thursday commission. fall on a leqal holiday. The commissioner so serying as mayor by (b) The commission shall create a succession shall then couplet. the board of adjustment whose decisions may remainder of his com.is.ion term if any be appealed pursuant to general law. part of such term r..alns unexpired. The (Ord. 4-76, passed 2-23-76, App. at Ref. succession to the office of mayor by the 2-2-76) vice-mayor shall create a vacancy in the commission which .hall be filled in the Section 3.09. ALIENATION OF PUBLIC manner set forth in .ectlon 3.06(c), BEACHES. shall be for the entire unexpired portion of the mayor's term of office. The commission shall not in any manner alienate from the public, the (e) Extraordinary vacancies, In the public beach, lying hetween the north and event that all members of the commission south boundaries of Section 16, Townshi? are removed by death, disability, 46 South, Range 43 ~ast, or any part resignation, or forfeiture of office, the thereof, of the City of Delray Beach, governor shall appoint an interim Florida. commission, including a mayor, with full (Ord. 4-76, ?assed 2-23-76, App. ~t Ref., commission powers that shall then call ~ 2-2-76) special election as provided under this charter not more than forty-five (45) 7 CHAPTER 171: COMPREHENSIVE PLAN Section hold no other public office or position unde= the city government. ( '80 Code, S 19-2) General Provisions ( Ord. 64-81, passed 9-22-81) 171. 01 Adoption of Comprehensive Plan ( B) All members of the Planning and Zoning Board shall serve without Admi nis tra t ion compensation. ( '80 Code, S 19-5) 171. 15 Creation of Planning and zoning S 171. 17 APPOINTMENT AND TERM: OrFICERS: Board MEETINGS. 171. IG composition of Board; qualification of ::-.embers¡ ( A) The members of the Planning and compensation Zoning Board shall be appointed by the 1.71.17 Appointment and ter~ of f icers; commission. The commission shall appoint meetings their successor for a term of t'JO years: 17 1. 18 Removal of members: ',racancies provided further, that no member may serve 171. 19 Powers and duties of the Board more than two successive terms on this Boare. 171. 20 Reports ( , 80 code, S 19-3) ( Ord. Gl-8~, passed 171.21 Board expenditures 8-28-84) 171.22 Planning Director ( B) Within 30 days after the appoint:ne:-:-: GENERAL PROVISIONS in any year of members or a member, as provided in ·division (~ above, or whenever S 171.01 ADOPTION OF COMPREHENSIVE PLAN. dea th, res igna tion, or remova 1 of any office= shall make it necessary, the Planning and ( A) Declaration of intent. The City zoning Board shall elect its Chairman from commission hereby declares its intent to among its members, and shall create and fil: exercise the authority granted pursuant to such other of its offices as it may the provisions of F. S. 5S IG3.31Gl through determine. The term of the Chairman shall =~ IG3.3243 known as the "Local Government one year, with eligibility for reelection. Comprehensive Planning and Land Development Regulation Act." ( C) The Planning and Zoning Board shal: meet at the call of the Chairman and at 1eas-: ( B) Adoption of plan by reference. In once a month, 'Jhich meeting shall be open ~ - implementation of its declared intent set the public, and shall keep a public record c: forth in division (A) above, there is hereby its resolutions, findings, and adopted and incorporated herein by reference determinations. It may adopt the necessary the document entitled "Comprehensive Plan - rules and regulations for the transaction of Delray Beach, Florida" . business. ( , 80 Code, S 19 -6) (C) Repeal of prior plans. There is hereby repealed the provisions of all prior 'i 171. 18 REMOVAL OF MEMBERS; VACANCI ES. comprehensive plans (a/k/a "Comprehensive Master Plants)" and "Master Plants)"), Members of the Planning and Zoning Boare adopted by the city. may, after a public hearing, be removed by ( . 80 code, 5 19-26) ( Ord. 65-79, passed the commission for inefficiency, neglect of 9-24-79; Am. Ord. 159-88, passed 12-13-88: duty, or malfeasance in office. Vacancies Am. Ord. 82-89, passed 11-28-89) occurring otherwise than through the expiration of term shall be filled for the ADMINISTRATION unexpired term by the commission. ( '80 code, 5 19-4) S 171.15 CREATION OF PLANNING AND ZOHHIG BOARD. S 171. 19 POWERS AND DUTIES OF THE BOARD. A Planning and zoning Board for the city ( A) Pursuant to F. S. S IG3.3114, the is hereby created under the authority of the Planning and zoning Board is hereby Charter and F. S. 5 163.3114. designated to perform the duties of the ( '80 Code, S 19-1) " local planning agency"" as set forth in t~at statute. ( , 80 code, 5 19 -3) Cross -ref erence: Authority to Cëeate Planning and zoning ( B) The Planning and Zoning Board sha~~ Board, see Charter Section 3.08 be vested with the r igh ts and au::hority provided by r. S. Chapter 16 J, ?art II. f' "'....., \ O. E¡ 171.1G COMPOSITION OF BOA..'1.D: Code, S 19-9 ) QU.-\LI rIc.~TION Or ME~1BERS; COMPE:¡S ATION. 'i 171.20 REPORTS. ( A) The Planning and Zoning Boaëd shall consist of seven members, 'Jho shall either The Planning and Zoning Board shall fr:J::: be residents of the city or shall have their time to time, and at least annually, sub:n.i: principal place of business in the ci ty. repoëts in 'Jriting to the co!!UTl.i.ssion gi'/i:-:g The members shall be persons of recognized information regarding the condition of the experience and qualifications, and shall city, and any plans or proposals for the development of the city and estimates of the 1989 S-5 POLICE AND FIRE PENSION BOARD OF TRUSTEES I. Generally Basic guideline - can provide greater benefits, but not less than under State's plan. II. Number of Members City Code of Ordinances Chapter 33.65(A) (Police & Firefighters Pension Plan) - composition to be: nine persons (Mayor, two members of public appointed by City Commission; Police Chief and Fire Chief automatically on Board but may appoint another member from respective departments to Board to represent him should he decide not to participate in Plan; two elected members of police department; and two elected members fire department). Chairperson is elected by Board members. III. Duration of Terms City Code of Ordinances Chapter 33, Section 33.65 "Administration", Subsection ( B) . IV. Membership Requirements None. v. Meetings Meeting is held every third Friday of the month and as needed. VI. Duties To hear and decide on matters relating to the Police and Fire Pension program. See City Code of Ordinances Chapter 33. S 33.65 DELRAY BEACH POLICE AND FIRE DEPARTMENTS 18 actuarial valuation and report for the Department to be elected as hereinafter system. The total cost for any year shall provided. be defined as the total of normal cost plus the additional amount sufficient to amortize ( 6) Two members of the Police the unfunded accrued past service liability Department to be elected as hereinafter over a 40-year period commencing with the provided. effective date of this system. ( B) The term of office of each ( D) Guaranteed refund of member appointed and elected trustee shall be three contributions. All benefits payable under years except that the initial terms within this sys~em are in lieu of a refund of each category above shall be for two and member contributions. In any event, each three years. The initial terms shall member shall be guaranteed the payment of commence on the effective date of this benefits at least equal in total amount to system. Initially in each elective category, his accumulated contributions. the trustee receiving the most votes shall serve a three-year ter~ the second most ( E) Miscellaneous. votes a two-year term. The City commission shall determine the term of office of each ( 1) All moneys which have been appointive trustee. funded by the members' contributions and the citY's contributions, and moneys from (C) The elective trustees shall be all outside sources such as private elected in the following manner, to wi t: By contributions or those contributions made by vote of all active members of each of those the state or any other firms or corporations respective departments who come within the or companies invested into any basic or purview of this subchapter at meetings to be secondary pension plan for the retirement of held at places designated by the City any employee who shall be included in this Manager, of which meetings all qualified fund, including any interest gathered by members entitled to vote shall be notified in these moneys, shall be transferred into this person or by mail ten days in advance of the fund to be known as the city Police and meeting. The candidate receiving the highest Firefighters' Retirement Fund. number of votes for each office shall be declared elected and shall take office ( 2) All beneficiaries and immediately upon commencement of the term of retired members presently receiving benefits office for which elected or as soon under F. S. chapters 175 and 185 shall thereafter as he shall qualify therefor. An continue to receive those benefits under election shall be held not more than 30 and this system. not less than ten days prior to the commencement of the terms for which trustees ( F) Any forfeitures that may arise are to be elected. The City Manager shall upon the termination of a member's establish the election procedure for the employment shall be used to offset the initial election. Thereaf ter, it shall be subsequent cost of the city. Such the duty of the Board of Trustees. The Board forfeitures shall not be used to increase of Trustees shall meet, organize, and elect benefits of remaining members. one of their members as chairperson and one ( '80 Code, S 18-50) ( Ord. 52-89, passed member as vice chairperson, within ten days 9-12-89; Am. Ord. 53-89, passed 9-12-89) after trustees are elected and duly qualif ied. § 33.65 ADMINISTRATION. ( D) If a vacancy occurs in the office (A) The general administration and of trustee, the vacancy shall be filled for responsibility for the proper operation of the unexpired term in the same manner as the the retirement system and for making office was previously filled. effective the provisions of this subchapter are vested in a Board of Trustees consisting ( E) The trustees shall serve without of nine persons as follows: compensa tion, but they may be reimbursed from the Trust Fund for all necessary expenses ( 1) The Mayor. which they may actually expend through service on the Board. ( 2) Two public members to be ap- pointed by City commission as hereinafter ( F) Each trustee shall, within ten days provided. after his appointment or election, take an oath of office before the City Clerk, tha t: so ( 3) The Fire Chief or, in the far as it develops upon him he will event of the Fire Chief's termination of diligently and honestly administer the participation in the system. his designee. affairs of the Board, and that he will not knowingly violate or willingly permit to be ( 4) The Police Chief or, in the violated any of the provisions of the law event of the Police Chief's termination of applicable to the retirement system. The oath participation in the system. his designee. shall be subscribed to by the members making it and certified by the clerk and filed in ( 5) Two members of the Fire the office of the city Clerk. 1989 S-5 ( G) Each trustee shall be entitled to , , , 19 DELRAY BEACH POLICE AND FIRE DEPARTMENTS S 33.66 one vote on the Board. Five affirmative arising through operation of the system and votes shall be necessary for a decision by fund. the trustees at any meeting of the Board. The Chairperson shall have the right to one ( B) To have performed actuarial vote only. studies and annual actuarial valuations and make recommendations regarding any and all I H) subject to the limitations of changes in the provisions of the syste~ this subchapter, the Board of Trustees shall from time to time establish uniform rules (9) To perform those duties as and regulations for the administration of are specified in this subchapter. funds created by this subchapter and for I' 80 Code, S 18-51) ( All\. Ord. 46-87, passed transactions of its business, including 5-26-87) provisions for expulsion due to nonattendance of its members which could S 33.66 FINANCES AND FUND MANAGEMENT. result in a vacancy. I A) As part of the system there is ( I) The Board of Trustees shall by established the Trust Fund, into which shall majority vote of its members appoint a be deposited all of the contributions and secretary who may, but need not be, one of assets whatsoever attributable to the syste~ its members. It shall engage actuarial and other services as shall be required to I B) The actual custody and supervision transact the business of the retirement of the Fund (and assets thereof) shall be syste~ The compensation of all persons vested in the Board of Trustees. Payment of engaged by the Board of Trustees and all benefits and disbursements from the Fund other expenses of the Board necessary for shall be made by the disbursing agent on the operation of the retirement system shall authorization from the Board. be paid at those rates and in amounts as the Board of Trustees shall agree. Funds may be ( C) The Board may hire and appoint disbursed by the city Finance Department or those persons, agents, or entities (including other disbursing agent as determined by the corporate fiduciaries) as in its discretion Board, only upon written authorization by may be required or advisable to enable it to the Board of Trustees. perform custodial and investment duties hereunder. The Board may enter into agency, ( J) Any trustee who neglects the investment advisory, and custodial agreements duties of his office as determined by the for the purpose of securing investment and Board, may be removed by seven concurring custodianship services for the system and votes among the Board of Trustees. Fund. I K) The~ties and responsibilities ( D) 11) All funds and securities of of the Board of Trustees shall include, but the system may be commingled in the Fund, not necessarily be limited by, the provided that accurate records are maintained following: at all times reflecting the financial composition of the Fund, including accurate ( 1) To construe the provisions current accounts and entries as regards the of the system and determine all questions following: arising thereunder. ( a) Current amounts of ( 2) To determine all questions accumulated contributions of members on both relating to eligibility and participation. an individual and aggregate account basis, ( 3) To determine and certify ( b) Receipts and amount of all retirement allowances or other disbursements, benefits hereunder. ( C) Benefit payments, (4) To establish uniform rules and procedures to be followed for ( d) Current amounts clearly administrative purposes, benefit reflecting all moneys, funds, and assets applications and all matters required to whatsoever attributable to contributions and administer the systeL deposits from the city, ( 5) To distribute at regular I e) All interest, dividends, intervals to employees information and gains (or losses) whatsoever, and concerning the syste~ ( f) Any other entries as may ( 6) To receive and process all be properly required so as to reflect a clear applications for participation and benefits. and complete financial report of the Fund. ( 7) To authorize all payments ( 2) An annual report shall be whatsoever from the fund and to notify in made by the certified public accounting firm writing the disbursing agent of approved performing the city's annual audit. benefit payments and other expenditures ( E) The Board of Trustees shall have 1989 5-5 the following investment powers and authority: · , - PUBLIC EMPLOYEES RELATIONS COMMISSION I. Generally Established pursuant to City Code of Ordinances, Title 3, Administration, Chapter 35 - Employee Policies and Benefits, Section 35. 030 et. seq. , "Public Employee Relations". To amend would require ordinance amendment and subsequent approval by State PERC - however, such approval relative to changing or limiting membership/terms is unlikely since Florida Statute 447,205 ( 1 ) seems to require four year terms and no restriction on successive appointment. II. Number of Members In light of Florida Statutes 447.205 ( 1) , our Code of Ordinances at Section 35.032 (A) (l)-(a), requires three members and one alternate, all appointed by City Commission - one designated by City Commission as Chairperson. III. Duration of Terms Florida Statutes 447.205 ( 1 ) and our Code at Section 35.032 (A) (l)-(c) provides appointments for four-year staggered terms. No Code provision on successive appointments, but Florida Statutes 447.205 ( 1 ) states that nothing shall prohibit reappointment. IV. Membership Requirements Neither Florida Statutes nor Code require residency, but Florida Statutes 447,205 ( 1 ) and 447.603 ( 1) , and Code Section 35.032 ( A) (l)-(a) require specific classification for each member as to backgrounds in labor areas (one management, one labor, and the third member and alternate as neutrals). V. Meetings As needed. VI. Duties Resolve questions and controversies concerning claims for recognition as the bargaining agent for a bargaining unit, determine or approve units appropriate for purposes of collective bargaining, and investigate charges of unfair labor practices and violations of 35.047 ( A) - Strikes Prohibited - by public employees. Adopt rules as to the qualification of persons who may serve as mediators and special masters and initiate dispute resolution procedures by special masters. - 31 DELRAY BEACH EMPLOYEE POLICIES AND BENEFITS § 35.030 § 35.012 SUSPENDING EMPLOYEE WITHOUT PAY. be no appeal of the dismissal to the Civil Service Board. (A) The City Manager may suspend a (Sp. Acts, Ch. 25784, § 17) (Laws of F1., permanent employee without pay for a Ch. 80-496, § 14) reasonable period not to exceed 30 days, for purposes of discipline; however, if (B) Any permanent employee who is criminal charges have been formally dismissed for misconduct or delinquency instituted against a permanent employee, or who resigns while charges are pending, the City Manager may suspend him without shall be disqualified from taking any pay until his case is finally civil service examination in the city adjudicated, even though the suspension within a period of five years thereafter. exceeds 30 days. If the employee charged (Sp. Acts, Ch. 25784, § 18) with criminal conduct is adjudged guilty of any of the charges, the City Manager § 35.014 RETA INMENT OF RANK, GRADE, AND may dismiss that employee. If the SENIORITY; REDUCTION OF employee is acquitted or cleared of the NUMBER IN GRADE. charges the City Manager shall restore the employee to his employment with full All city employees shall retain the back pay for the full period of time of rank and grade and the seniority they his suspension. Successive suspensions hold at the time of the passage of this without pay shall not be allowed. subchapter by the legislature. Nothing in this section shall prevent the (B) In all cases of suspension governing authority or the City Manager without pay, demotion, or dismissal which from reducing the number of people in any are appealable to the Civil Service grade, as hereinabove provided. Board, the City Manager shall furnish the (Sp. Acts, Ch. 25784, 5 17) (Laws of F 1. , employee with a copy of a notice thereof Ch. 80-496, ~ 17) specifying his reasons for the same and give the employee a reasonable time in § 35.015 PREFERENTIAL BONUS POINTS. which to make and file an explanation. Any employee suspended without pay for a A preferential bonus of five points period in excess of seven days ( including shall be added to the examination score suspension without pay in excess of seven of any eligible veteran competing for a days because of criminal charges civil service position in the city. A instituted), dismissed, or demoted shall preferential bonus of ten points shall be have the right of appeal to the Civil added to the examination score of any Service Board in the manner set forth in eligible disabled veteran or widow of a § 35.00"9 wi th ref erence to an appeal in disabled veteran competing for a civil the case of dismissal, except the duty to service position in the city. provide a Board counsel is not mandatory (Sp. Acts, Ch. 25784, 5 20) in demotion and suspension cases. Whenever the dismissal, suspension PUBLIC EMPLOYEE RELATIONS without pay, or demotion of an employee, appealable to the Civil Service Board and § 35.030 STATEMENT OF POLICY. heard as herein provided, is disapproved by the Board and a reinstatement ordered, It is declared that the public policy the employee involved may, as determined of the city and the purpose of this by the Board, receive the pay he lost subchapter is to provide implemen ta t i on because of that dismissal, suspension, or of Section 6, Article I, of the dem oti on. Consti tution of the state, and to promote (Sp. Acts, Ch. 25784, S 14) (Laws of Fl., harmonious and cooperative relationships Ch. 80-496, S 13; Laws of Fl., Ch. between government and its employees, 83-397, S 4). both collectively and individually, and to protect the public by assuring, at all § 35.013 DISMISSAL. times, the orderly and uninterrupted operations and functions of government. (A) Any permanent employee of the It is the intent of the City Commission municipality may be dismissed by the City that nothing herein shall be construed to Manager when there is no longer any need either encourage or discourage for the employee in that grade and organization of public employees. These department because of the change in work policies are best effectuated by: or the abolishment of the position. In the event a vacancy exists in a lower (A) Granting to public employees the grade or in any other department, the right of organization and representation; City Manager may, if he so desires, appoint an employee, whose position has (B) Requiring the public employer to ceased, to the lower grade or other negotiate with bargaining agents duly depar tment, but in the event there is no certified to represent public employees; other work for the employee, the dismissal shall be final and there shall (C) Creating a Public Employees Relations Commission to assist in · , S 35.031 DELRAY BEACH EMPLOYEE POLICIES AND BENEFITS 32 resolving disputes between public "EMPLOYEE ORGANIZATION" or employees and public employers: and "ORGANIZ ATION. " Any labor organization, union, association, fraternal order, (D) Recognizing the constitutional occupational or professional society, or prohibition against strikes by public group, however organized or constituted, employees and providing remedies for which represents or seeks to represent violations of that prohibition. any public employee or group of public ( '80 Code, S 20-1) (Am. Ord. 74-77, employees concerning any matters relating passed 12-12-77; Am. Ord. 70-79, passed to their employment relationship with a 1.0-8-79) public employer. S 35.031 DEFINITIONS. "GOOD FAITH BARGAINING." The willingness of both parties to meet at For the purpose of this subchapter reasonable times and places, as mutually the following definitions shall apply agreed upon, in order to discuss issues unless the context clearly indicates or which are proper subjects of bargaining, requires a different meaning. with the intent of reaching a common accord. It shall include an obligation "BARGAINING AGENT." The employee for both parties to actively participate organization which has been certified by in the negotiations with an open mind and the Public Employees Relations Commission a sincere desire, as well as making a as representing the employees in the sincere effort to resolve differences and bargaining uni t as provided in come to an agreement. tn determining S 35.036(B), or its representative. whether a party failed to bargain in good f ai th , the Public Employees Relations "SARGAINING UNIT." Either that unit Commission shall consider the total determined by the Public Employees conduct of the parties during Relations Commission, or that unit negotiations as well as the specific determined by the pUblic employer and the incidents of alleged bad faith. public employee organization and approved Incidents indicative of bad faith shall by the Commission to be appropriate for i ncl ude , but not be limited to, the the purposes of collective bargaining. following occurrences: However, no bargaining unit shall be defined as appropriate which includes (1 ) Failure to meet at employees of two employers that are not reasonable times and places with departments or divisions of the city or a representativss of the other party for subdivision or agency thereof. purpose of negotiations. "CHIEF EXECUTIVE OFFICSR FOR THE ( 2) Placing unreasonable PUBLIC EMPLOYER." The person, whether restrictions on the other party as a elected or appointed, who is responsible prerequisite to meeting. to the legislative body of the public employer for the administration of the ( 3) Failure to discuss governmental affairs of the public bargainable issues. employer. ( 4) Refusing, upon reasonable "CIVIL SERVICE." Any career, civil, written request, to provide public or merit system used by any public information, excluding work products as employer. defined in F. S. S 447.605. "COLLECTIVE BARGAINING." The ( 5) Refusing to negotiate performance of the mutual obligations of because of an unwanted person on the the public employer and the bargaining opposing negotiating team. agent of the employee organization to meet at reasonable times, to negotiate in ( 6) Negotiating directly with good faith and to execute a written employees rather than with their contract with respect to agreements certified bargaining agent. reached concerning the terms and conditions of employment, except that ( 7) Refusing to reduce a total neither party shall be compelled to agree agreement to writing. to a proposal or be required to make a ~ncession unless otherwise provided in "LEGISLATIVE BODY." The City this subchapter. Commission, unless the Public Employees Relations Commission determines that a "COMMISSION. " The Public Employees unit or subdivision thereof, having Relations Commlssion created by S 35.032. authority to appropriate funds and establish policy governing the terms and "CONFIDENTIAL Et-1PLOYEES." Persons conditions of employment, is the who act in a confidential capacity to appropriate legislative body for the assist or aid managerial employees as bargaining unit. defined in this section. ... I § 35.032 DELRA Y BEACH EMPLOYEE POLICIES AND BENEFI'l'S 34 "STRIKE. " The concerted failure to (c) The Chairperson and report for duty, the concerted absence of all members of the local Commission shall employees from their positions, the be appointed for four-year staggered concerted stoppage of work, the concerted terms. submission of resignations, the concerted abstinence in whole or in part by any (d) Neither the group of employees from the full and Chairperson nor any member shall be faithful performance of the duties of employed by, or hold any commission with, employment with a public employer, for any governmental uni t in the state or any the pur pose of inducing, i nfl uencing, employee organization while serving in cOlldonillg , or coercillg a change in the that office. terms alld conditions of employment or the rights, privileges, or obligatiolls of (e) A vacancy for the public employment or participating in a unexpired term of a member shall be deliberate and concerted course of filled in the same manner as herein conduct which adversely affects the provided for an original appointment. services of the public employer, the concerted failure to report for work (f) The presence of three after the expiration of a collective members shall constitute a quorum of any bargaining agreement and picketing in called meeting of the Commission. furtherance of a work stoppage. The term "STRIKE" shall also mean any overt (g) The Commission in the preparation, including, but not limited performance of" its duties and powers to, the establishment of strike funds under this subchapter shall not be with regard to the above-listed subject to the control, supervision, or acti vi ti es. direction by the City Manager or City Commission. "STRI KE FUNDS." Any appropriations by an employee organization which are ( 2) The Chairperson and the established to directly or indirectly aid remaining members of the Commission shall any employee or employee organization to devote their time as is necessary to the participate in a strike in the state. performance of their duties hereunder, ( 'SO Code, S 20- 2) (Am. Ord. 74-77, and shall be compensated as established passed l2-l2-77¡ Am. Ord. 4-78, passed by resolutions adopted by the City 2-27-78¡ Am. Ord. 70-79, passed 10-8-79) Commission from time to time. The Chairperson and other memb~rs shall also S 35.032 PUBLIC EMPLOYEES RELATIONS be reimbursed for reasonable expenses amMISSION. under this chapter as provi ded for in F.S. S 112.061. The Chairperson shall be (A) (1) There is created and responsible for the administrative established the Public Employees f~~ctions of the Commission and upon Relations Commission, hereinafter authorization by the City Commission referred to as the Commission. shall have the authority to employ pe rsonnel as may be necessary to carry (a) The Commission shall out the provisions of this subchapter. be composed of three members and one The Chairperson shall also have the alternate to be appointed by the City authority to call the alternate Commission. Members of the local Commissioner to serve during those times Commission established pursuant to this as the alternate Commissioner's presence division shall be appointed so that the is necessary to complete a quorum for the composition of the local Commission is as conduct of City Commission business. follows: One appointee who is a person Until that time as the Commission has who, on account of previous vocation, submitted a budget which is funded by the employment, or affiliation, is, or has City Commission, the Commission shall, been, classified as representative of upon request of the Chairperson to the employers¡ one appointee who is a person City Manager, have its fiscal needs who, on account of previous vocation, provided for by appropriations from the employment, or affiliation, is, or has unappropr iated surpl us. been, classified as representative of ('SO Code, S 20-) ) (Am. Ord. 74 -7 7, employees or employee organizations¡ and passed 12-12-77¡ Am. Ord. 70-79, passed all other appointees, including 10-S-79¡ Am. Ord. 66-S0, passed 11-25-80) alternates, shall be persons who on account of previous vocation, employment, (8) Powers and duties. or affiliatioll, are not or have IlOt been classified as representative of employers (1 ) After public hearing, the or of employees or employee organizations. Commission shall adopt, promulgate, amend, or rescilld those rules and (b) The City Commission regulat ions as it deems necessary and shall designate one member as Chairperson. administratively feasible to carry out the provisions of this subchapter, in 45 DELRAY BEACH EMPLOYEE POLICIES AND BENEFITS S 35.047 expeditiously by the circuit court to Any violation of this section shall which presented, and shall take subject the violator to the penalties precedence over all other civil matters provided for herein and under state law. except prior matters of the same (' 80 Code, S 20-19) (Am. Ord. 74-77, character. passed 12-12-77; Am. Ord. 70-79, passed ('80 Code, S 20-17.5) (Ord. 70-79, 10-8-79) passed 10-8-79) Statutory reference: 5 35.046 JUDICIAL REVIEW. Public employees prohibited from s t ri king, see State Const. (A) The district courts of appeal Art. I, Section 6 are empowered, upon the filing of an appropriate notice of appeal, to review (B) violation of strike prohibition; final orders of the Public Employees penalties. Relations Commission pursuant to F.S. S 120.68. A copy of the notice of appeal (1) Circuit courts having shall be filed with the Commission. The jurisdiction of the parties are vested record in the proceeding, certified by with the authority to hear and determine the Commission, shall be filed with the all actions alleging violations of court in accordance with the Florida division (A) of this section. su i ts to Appellate Rules. enjoin violations of division (A) of this section will have priority over all (B) Upon the filing of a notice of matters on the court's docket except appeal, the appropriate district court of other emergency matters. appeal shall thereupon have jurisdiction of the proceeding and may grant temporary (2) If a public employee, a or permanent relief or restraining order group of employees, an employee as it deems just and proper, and may organization, or any officer, agent or enforce, mod ify, affirm, or set aside, in representative of any employee whole or in part, the order of the organization, engages in a strike in Commission. The findings of the violation of division (A) of this Commission with respect to questions of section, ei ther the Public Employees fact, if supported by substantial Relations Commission or any public evidence on the record considered as a employer whose employees are involved or whole, shall be conclusive. whose employees may be affected by the strike, may file suit to enjoin the (C) The court may award to the strike in the circuit court having proper prevailing party all or part of the costs jurisdiction and proper venue of those of litigation and reasonable attorney's actions under the Florida Rules of Civil fees and expert witness fees, whenever Procedure and the state statutes. The the court determines that an award is circuit court shall conduct a hearing, appropri ate. However, no cos ts or fees with notice to the Commission and to all shall be assessed against the Commission interested parties, at the earliest in any appeal from an order issued by the practicable time. If the plaintiff makes Commission in an adjudicatory proceeding a prima facie showing that a violation of between adversary parties conducted division (A) of this section is in pursuant to this section. progress or that there is a clear, real, and present danger that a strike is about (D) The commencement of proceedings to commence, the circuit court shall under this section shall not, unless issue a temporary injunction enjoining specifically ordered by the district the strike. Upon final hearing, the court of appeal, operate as a stay of the circuit court shall either make the Commission's order. injunction permanent or dissolve it. (E) Appeals filed under this section (3) If an injunction issued s hall be heard e xped i tiously by the pursuant to this section to enjoin a district court of appeal to which strike is not promptly complied with, on presented and shall take precedence over the application of the plaintiff, the all other civil matters except prior circuit court shall immediately initiate matters of the same character. contempt proceedings against those who ( '80 Code, S 20-18) (Am. Ord. 74-77, appear to be in violation. An employee passed 12-12-77; Am. Ord. 70-79, passed . organization found to be in contempt of 10-8-79) court for violating an injunction against a strike shall be fined an amount deemed S 35.047 STRIKES PROHIBITED. appropriate by the court. In determining the appropriate fine, the court shall (A) No public employee or employee objectively consider the extent of lost organization may participate in a strike services and the particular nature and against a public employer by instigating position of the employee group in or supporting, in any manner, a strike. violation. In no event shall the fine exceed $5,000. Each officer, agent, or .... i. S 35.048 DELRA~ BEACH EMPLOYEE POLICIES AND BENEFITS 46 representative of an employee (c) The compensation of organization found to be in contempt of the person may not be increased until court for violating an injunction against after the expiration of one year from a strike shall be fined not less than $50 appointment or reappointment, employment nor more than $100 for each calendar day or reemployment. that the violation is in progress. (6) (a) If the Commission (4) An employee organization determines an employee organization has shall be liable for any damages which violated division (A) of this section it might be suffered by a public employer as may: å result of a violation of the provisions of division (A) of this section by the 1. Issue employee organization or its cease-and-desist orders as necessary to representatives, officers, and agents. insure compliance with its order. The circuit court having jurisdiction over those actions is empowered to 2. Suspend or revoke enforce jUdgments against employee the certification of the employee organizations, as defined in this organization as the bargaining agent of subchapter, by attachment or garnishment that employee unit. of union initiation fees or dues which are to be deducted or checked off by 3. Revoke the right public employers. No action shall be of dues deduction and collection maintained pursuant to division (B) (4) of previously granted to the employee this section until all proceedings which organization pursuant to § 35.035. were pending before the Commission at the . time of the strike or which were 4. Fine the initiated within 30 days of the strike organization up to $20,000 for each have been finally adjudicated or calendar day of the violation or otherwise disposed of. In determining determine the approximate cost to the the amount of damages, if any, to be public due to each calendar day of the awarded to the public employer, the trier strike and fine the organization an of fact shall take into consideration any amount equal to the cost, notwithstanding action or inaction by the public employer the fact that the fine may exceed $20,000 or its agents that provoked or tended to for each calendar day. The fines so provoke the strike by the public collected shall immediately accrue to the employees. The trier of fact shall also public employer and shall be used by it take into consideration any damages that to replace those services denied the might have been recovered by the public public as a result of the strike. In employer under division (B) (6) (a) 4. of determini ng the amount of damages, if this section. any, to be awarded to the public employer, the Commission shall take into (5) If the Commission, after a consideration any action or inaction by hearing on notice conducted according to the public employer or its agents that rules promulgated by the Commission, provoked or tended to provoke the strike determines an employee has violated by the public employees. division (A) of this section, it may order the termination of his employment (b) An organi zat ion by the public employer. Notwithstanding determined to be in violation of the any other provision of law, a person provisions of division (A) of this knowingly violating the provision of section shall not be certified until one division (A) of this section may, year from the date of final payment of subsequent to the violation, be appointed any fine against it. or reappointed, employed or reemployed, ('80 Code, S 20-20) (Am. IJrd. 74-77, as a public employee, but only upon the passed 12-12-77; Am. Ord. 70-79, passed following conditions: 10-8-79; Am. Ord. 77-79, passed 12-10-79) Penalty, see § 10.99 (a) That person shall be on probation for a period of six months § 35.048 CERTAIN ACTS PROHIBITED; following his appointment or VIOLATION PROVISION. reappointment, employment or reemployment, during which period he (A) Employee organizations, their . shall serve without tenure. During this members, agents, representatives, or any period, the person may be discharged only person acting on their behalf are upon a showing of just cause; prohibited from: (b) His compensation may (1) Soliciting public employees in no event exceed that received by him during working hours of any employee who immediately prior to the time of the is involved in the solicitation. violation; (2) Distributing literature during working hours in ~reas where the · .. Item 6 from 6/5/90 workshop re: Appointment of Commissioners as liaison members of City Advisory Boards Dr. Alper~~: Planning & Zoning Board, with Mr. Andrews as alternate Mr. Andrews: CRA, with Mayor Lynch as alternate " Mayor Lynch: Housing Authority, with Mr. Randolph as alternate Ms. McCarty: Beach Advisory Committee, with no alternate ¡ Mr. Randolph: Board of Construction Appeals, with Ms. McCarty alternate y ..j [)r ~~~:r:.in_; Historic Preservation Board, with Mr. Andrews alternate ..,¡/ Mr. Andrews: Downtown Development Authority, with Mayor Lynch as alternate Mayor Lynch: Human Relations Committee, with Dr. Alperin as alternate J Ms. McCarty: Beautification Task Force, with no alternate Mr. Randolph: Education Board, with Dr. Alperin as alternate .J I):r:.__l\lJ>.e,r in: Board of Adjustment, with Mr. Randolph as alternate J Mr. Andrews: Community Appearance Board, with Dr. Alperin as alternate J Mayor Lynch: General Employees Retirement Fund Committee J Ms. McCarty: PERC, with MX~~XXE~X~~XXXXX%X~XXXX~ no alternate j Mr. Randolph: Civil Service Board, with Ms. McCarty as alternate Mr . __~lE'§.E_tn L Kids and Cops (no alternate) Code Enforcement Board: To be attended on an alternating basis Police and Fire Board of Trustees: Mayor Lynch (as provided by ordinance) . .. --, CITY DF DELRAY BEA[H . C ~() \) '/1 '5C A '/E\JUE DEc_RAY BEACH, FLORIDA 33444 407/243-7000 M E M 0 RAN DUM TO: Mayor and Commission Members David T. Harden, City Manager G:r~ FROM: Alison MacGregor Harty, City Clerk SUBJECT: Appointment of Commissioners as Liaison Members of City Advisory Boards DATE: June 18, 1990 At the June 5, 1990, workshop meeting, the Mayor and Commissioners addressed the above referenced matter by each member selecting those boards/committees to which each wished to serve as Commission liaison. Alternates, if deemed to be necessary, were also determined. The liaison appointments are as follows: Commissioner Alperin: Planning and Zoning Board Historic Preservation Board Board of Adjustment Kids and Cops (no alternate) Alternate to: Human Relations Committee Education Board Community Appearance Board Deputy Vice-Mayor Andrews: Community Redevelopment Agency Downtown Development Authority Community Appearance Board Alternate to: Planning and Zoning Board Historic Preservation Board Mayor Lynch: Delray Beach Housing Authority Human Relations Committee General Employees Retirement Fund Committee (no alternate) Police and Fire Board of Trustees (no alternate) Alternate to: Community Redevelopment Agency Downtown Development Authority THE EFF'C:+:l AL'/JAYS Mll,TTERS Vice-Mayor McCarty: Beach Advisory Committee (no alternate) - Beautification Task Force (no alternate) P.E.R.C. (no alternate) Alternate to: Board of Construction Appeals Civil Service Board Commissioner Randolph: Board of Construction Appeals Education Board Civil Service Board Alternate to: De1ray Beach Housing Authority Board of Adjustment With respect to the Code Enforcement Board, it was the consensus of the Commission that CEB meetings be attended on an alternating basis by the Mayor and City Commissioners. If there are any questions, please do not hesitate to contact me. AMH/m cc: Anita Barba, Board Secretary/Liaison - 2 - RESOLUTION NO. 59- 9 0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 5 4- 8 9 WHICH ESTABLISHED THE EDUCATION BOARD OF THE CITY OF DELRAY BEACH AS AN AD-HOC ADVISORY BODY TO THE CITY COMMISSION, BY AMENDING SECTION a OF RESOLUTION NO. 5 4- a 9 WHICH PROVIDES THAT THE EDUCATION BOARD SHALL HAVE A SUNSET DATE OF JUNE 12, 1990, BY EXTENDING THE ESTABLISHED SUNSET DATE OF JUNE 12, 1990, TO JULY 12, 1990; PROVIDING AN EFFECTIVE DATE. WHEREAS, at the meeting of August 22, 19a9, the City Commission adopted Resolution ~o. 54-a 9, establishing the City of Delray Beach Education Board, assigning it duties, and setting a sunset date; and, WHEREAS, at the meeting of June 5, 1990, the City Commission considered certain actions with respect to the Education Board and directed that the established sunset date of June 12, 1990 be extended to July 12, 1990; and, WHEREAS, the direction given by the City Commission at the meeting of June 5, 1990, requires amendment of Resolution No. 54-a9, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section a of Resolution No. 54-89 be, and the same is hereby amended to read as follows: Section a. The Education Board shall cease to operate as an ad-hoc advisory body on J~fte-i~7-i9ge July 12, 1990. At that time, the City Commission may continue the function of the Board through making it a permanent board or by amendment to this section. If it is made a permanent board, all members sitting at that time shall continue in their appointments for either a one or two year period, as determined by the City Commission, and shall each be eligible for a single reappointment to the permanent board. Section 2. That this resolution s ha 11 become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 12th day f June, 1990. MAY 0 R ATTEST: i City Clerk ~t\ o .' c - c " . ~ OÕ>OI t-=::1~ <Q)cd(l) O:J:>ü: "C~Q)~ ~ C ~ E:' .Q)-cd a::J:CJ)..J W · I . ,-. >............ ~Q)Q)O OIQ)>' CU c: Q) 3: c: '5 ~ . CU c: ::1 a:::2wCJ) w............ , ..Jgo~ Z ..J~~~ weee () ~~~~ ~ ~ ~ =Z CJ) U~ w ø t- « C( ~ ~ 8- =~ ~~<9 (/)~: rt-\ >t Z 0 m c( ~ ~ ~ ~~ 1ûO~ 06· ~ ~ cs: C I 0) :J:t( c: J-'ooo4 ~ . - (!) ai CU O ~ "E ~-g ::)= >< ~ g.g>co o"ê : b ~ ~ () .¡: ~ ~ < ~ ~~ õmc( Z~ ~ O 0)>- a: t- ~ '-'..0 ~ 0 (I) I ~ >t z e .QJ Q) ~ -g "5 ~ ~< a..o~ t-~::IC: ~ Z eæ o u~' ~y.gä: ~ CJ '0 0 ~ ~ ~ ~~~l (/) w ~ o ,- 0 (/)(1) (/)Q) c( 01 (I) 06 :g ,5 :J:oo:ß (/) >- 0 a:.oa: oe:( ,21 c ::2C~ cñ'~ wõ. CJ~"" c ,- Q) -£Q) a: .....5 00<01 >-õLTI mQ)_ CJ '0 (I) -...0 CQ..() " ,-. PROJECT APPROACH Task 1: Review the Site Context '.. Task 2: Data Inventory, Site Analys~s and Programming A. Site Survey: B. Visual Reconnaissance: C. Vegetation Inventory: D. Evaluation of Existing Facilities: E. Documentation of Utilities: TASK 3: Summary: Problems and opportunities for the development of each park. TASK 4: Preparation of Alternative Site Plans Task 5: Evaluation of Site Plan Alternatives Task 6: Development of the Final Master Plans Task 7: Final Designs * Set of Schematic Drawings (inc. architecture sketches) * Preliminary Cost Estimate * Outline Specification * Potential Phasing Plan Task 8: Construction Documents Task 9: Construction Administration " Task 10. Site Follow Up ~-. , · ..- PROJECT TEAM "ADVANTAGES * Team's familiarization with the review process and those items required to secure approval. * Experience working with municipalities and conducting public workshops. .. ~~ * Established reputations in South Florida with an average of 12 years experience. * Location and Availability " * Direct related experience, including park master plans and construction documents. * Contacts and relationships established in south Florida. * Committment by firm principals to remain accessible throughout the project. * Experience co-ordinating City construction contracts. * Experience working together as a team. * Adherence to schedule and budget, as well as quality and innovative design solutions. * Committment to see the master plan through to a tangible and viable recreation development and one that the citizens of DelrayBeach will take pride in claiming as their own, .' . , .' . , " \" :, '/ . í' " ,. . i " : · 1! '._ - ,.. t . - . -'. 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"-..~ , t-~___.-~z.:'_~~--:::·-"'··t., ~..,..:~_~.... .', .~~..;.,,",,- Sþring 1 <)<)() _..:-.. _ Votuml' 11:1 ,-, , - t, A. Grant Thornbrotlgh & Associates Project: Sanborn Square Location: Boca Raton, Fla. Category: Urban Design Owner: City of Boca Raton I Contractor: Hanley Landscape Description: A 1 1/2 acre park ; , conceived as tlie cor- nerstone project for the redevelopment of down- town Boca Raton, with design elements adding to the elegant Addison Mizner style, Commu- nity functions are cen- tered on this highly visible and well-used park, Judges' Comments: "A good focal point in the area with a compre- I , hensive sense of scale." " FLORIDA CHAPTER 1989 DESIGN A WARDS . AS LA FLORIDA LANDSCAPE ARCHITECTURE 29 I HONORABLE MENTION , " I I II' t" I I' - , , .",j';\''''': '<,'" !; 0,"". ~;~J¡, ,I,. , '''Ii''''''.,·. '0, ',I. II' \ \ \ .~, ' . ,,~., .y-_: ',. 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