06-19-90 Workshop
CITY OF DELRAY BEACH, FLORIDA
WORKSHOP MEETING - CITY COMMISSION
June 19, 1990
6:00 P.M. AGENDA 1st Floor Conf. Room
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.
.11. Delray Town Center Vesting Issue (City Manager).
2 . Status Report/ Insurance Task Team (Commissioner McCarty).
i 3. Proposed Storm Water Utility Fee Ordinance (City Manager).
4. Extension of 10th Avenue to Provide an Entrance from Lake Ida to
)Spady Elementary School (Commissioner Alperin).
5. Fire Station No. 1 Decision Matrix (City Manager).
6 . Land Development Regulations Processing Scheduling (City Manager).
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[ITY DF DELIAY BEA£H
CITY ATTORNEY'S OFFICE 310 S.E, 1st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483
407/243-7090 TELECOPIER 407/278-4755
MEMORANDUM
Date: June 19, 1990l\V
To, City Commission A~~ ~
From: Jeffrey S. Kurt z, City Attorney I( \'
Subject: Vesting Under City's Comprehemdve Plan
The City's present Comprehensive Plan does not address the issue of when a,
development becomes vested such that it can continue when the development
would be in contravention to the adopted plan. Were the Comprehensive Plan
a static document, the vesting- issue would be a minor one; however, ameT".d-
ments to the Comprehensive and specifically the Land Use Plan can occur
twice a year and it is anticipated that will occur if not twice a year on a
somewhat regular basis.
Since the-C!!y's present plan does not concern itself with when a project
would be vested, the City is left to determine when vesting- occurs by looking
to the "Local Government Comprehensive Planning- and Land Development
Regulation Act" Sec. 163.3161, et seq., Florida Statutes, and prior case law
to determine the issue.
The act is extremely broad in what is considered to be a development permit
including building permits or any official action having the effect of permit-
ting the development land. Sec. 163.3164(7). This broad definition is
important because a development order, which is one that grants or denies
the de"Telopment permit (Sec. 163.3164 (6) ) must be consistent with the
Comprehensive Plan or element that has been adopted (Sec. 163.3194(1)(a».
The impact of the statute standing alone is that a change in the Comprehen-
sive Plan prior to the last required building permit (a question exists as to
whether a certificate of occupancy would also be so g-overned) could result in
an inability to grant the permit and allow completion of a development if the
granting of the permit would be inconsistent with the Comrrehensive Plan.
Consistency under the statute is defined as compatibility with and furtherance
of the objectives, poJicies, land uses, and densities or intensities in the
Comprehensive Plan and meeting other environmental criteria of the local
government. Sec. 163.3194(3)(a&b).
Obviously however, the Act does not stand alone and there is a body of law
that has been developed with regard to when a development becomes vested
vis-a-vis developmental regulations including rezoning's and issuances of
building permits. The basic law in that reg-ard is a developer does not have
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. Memo to City Commission
June 19, 1990
Page 2
a vested right in any g-overnmental action except by way of equitable
estoppel. The òoctrine of equitable estoppel is only to be applied when the
following have occurred: (1) The g'overnment entity has ma,de some material
represE'ntHtion by way of its actions; (2) the developer has relieð on the
representation; (3) the reUance resulted in a change to the developer's
detriment; ( 4) the representation or act was one on which the developer had
a right to rely. When those conditions exist, then developer can prevent the
g'overning body from enforcinp: its coòes against him thus a110wing completion
of the project.
Due to the recent vintage of the Comprehensive Planning and Land Develop-
ment Regulation Act, it does not appear that there exists any case law yet
applying- the principals of equitable estoppel to a situation wherein a compre-
hensive plan prevented development. However, it is clear that determinations
would be made on a case-by-case basis and in some instances receipt of 8,
building permit or site plan approval may be the necessary action to estop a
governing body and in other instances it would be insufficient.
Due to these uncertainties it is in the cities' interest to establish exactly
when and how a development would become vested in Delray Beach. Since
the criteJ"ia for determining- whether an action is consistent with the plan lies
within the language of the plan itself, it is necessary to review development
orders against the backdrop of the plan. This situation allows the City, by
amending thè- Comp Plan at this time, to make a determination of what would
constitute consistent situations, i. e., esta,blish vesting criterion within the
plan.
Our office is of the opinion that a reasonable step to vest a development
would be upon it receiving site plan approval, allowing up to 18 months to
complete 25% of the site improvements. Site plan is the last true discretion-
ary act that the City has with respect to developments. Absent modifications
to the site plan, the remainder of the development process is ministerial in
nature. HR'ving a development vest upon site plan approval allows a
developer to move forward and expend the monies necessary to complete a
project with confidence that plans can be completed prior to a change in
either the land use plan or zoning. .
Such a vesting time period would not unduly burden the Cit~r because of the
limited time frame for establishing the project and the vesting would only be
as to the approved site plan not any subsequent plan.
If the City Commission concurs with the establishment of site plan approval as
the appropriate vesting action, we shall begin to assist the Planning and
Zoning Department in drafting language for inclusion in the Comprehensive
Plan amendment.
JK:jw
cc: David Kovacs, Director of Planning and Zoning
David Harden, City Manager
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CITY COMMISSION WORKSESSION DOCUMENTATION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
OFFICE OF THE CITY CLERK
~
FROM: DA ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: CITY COMMISSION WORKSESSION OF JUNE 19, 1990
DISCUSSION OF "VESTING" AND DELRAY TOWN CENTER
ITEM BEFORE THE COMMISSION:
The item before the Commission is that of a presentation and
then discussion of "vesting" in general and its specific
application to the potential approval of a site plan for
Delray Town Center, Phase II.
There is to be no action taken. However, the following
should be achieved:
* Commission understanding and acceptance of the general
concept of "vesting"
* Understanding of options which can be applied in the
Delray Town Center, Phase II situation.
BACKGROUND:
With the adoption of the Comprehensive Plan it becomes mandatory
that all development orders be issued in a manner consistent with
the Plan. A development order can be as broad as a rezoning or
as specific as a building permit. In that the Comprehensive Plan
is comprised of some very specific items e.g. concurrency
doctrine and the Future Land Use Map and some more general items
e.g. p'olicies and directives to accomplish tasks at future dates~
"c.C)t\"\"~&~' ~'\ ~ ..._, .face.+S .
With respect to "vesting", the Comprehensive Plan provides for
the following:
Policy A-S.2, Capital Improvement Element:
"Any planned development (ie a project under one of the
City's 'planned' zoning district e.g. PRD-L, PCC, etc. )
which has had its master plan approved and is building out
in phases or increments under its master plan shall be exempt
from the provisions of Objective A-7. Any conditional use
and or site plan which does not vest itself pursuant to the
land use regulations of the City shall, at the time of its
consideration of extension, be subject to the provisions of
Objective A-7." U8/ I
f , "'If
City Commission Documentation
Worksession of June 19, 1990
Discussion of "Vesting" and Delray Town Center
Page 2
Objective A-7:
"For any land use project which requires review and action
by the Local Planning Agency (LPA) or the City Commission,
the LPA shall review the project with respect to all facets
of the Comprehensive Plan. Upon such review, the LPA shall
provide findings addressing consistency of the project with
the Plan. A finding of overall consistency must be made in
order for the project to be approved and shall include
specific reference to the manner in which public facility
needs created by the project will not exceed the ability of
the City to fund and provide or to require the provision of
the needed capital improvements."
INTERPRETATION AND APPLICATION OF THE ABOVE:
In applying the above to everyday situations, the Planning
Department and the City Attorney's Office agree on the following:
1- A site plan which was approved prior to enactment of the Plan
and is for a site upon which the proposed use is consistent with
the Future Land Use Map may proceed to construction even if
design features are inconsistent with direction in the Plan or
with any new design regulations established through the LDRs.
However, if the site plan is not "established" per current code
provisions (the 25% requirement), then a site plan extension
cannot be granted without first being subject to a total
evaluation pursuant to the Plan and current codes.
2. A site plan which is subject to such a total evaluation
cannot be extended if the proposed use is not consistent with the
Future Land Use Map.
3. There is still discussion as to whether or not a building
permit can be issued for a previously approved site plan when the
use is inconsistent with the Future Land Use Map. It is agreed
that appropriate zoning must be in place. It also is clear that
if a building permit is issued, construction commences, the site
plan expiration date arrives and the 25% requirement is not met,
the project must cease and cannot be completed.
The above situations must be consistent with the zoning
designation which exists at the time a building permit is issued;
however, existence of zoning may not mean that the permit can be
issued if the zoning is not consistent with the Future Land Use
Map. In other words, during the period in which the Plan is
adopted but the LDRs have not been revised, the Future Land Use
Map supplants the zoning map with respect to ~ at the site plan
and/or conditional use approval level and perhaps at the building
permit level.
t ,. .""
City Commission Documentation
Worksession of June 19, 1990
Discussion of "Vesting" and Delray Town Center
Page 3
While the above is, on the surface, confusing and may seem harsh
as it applies-to obtaining a building permi~where the previously
approved use is not consistent with the Future Land Use Map,
there are very few situations where it exists. At present we are
aware of only two such circumstances.
APPLICATION WITH RESPECT TO DELRAY TOWN CENTER:
At present the Delray Town Center Phase II site plan can be
approved as it is technically consistent with the Comprehensive
Plan. However, Plan Amendment 90-1 deletes LC zoning as being
consistent with the "Transitional" land use designation on the
Future Land Use Map. Thus, if schedules are maintained the
following will occur:
1. On September 1st, the zoning would become something
other than LC in order to be consistent with the future
land use map amendment.
2. On September 25th, the Plan Amendment will become
effective and no development order for LC uses would be
appropriately issued on the site.
Delray Town Center can "beat the clock" by:
1. Obtaining a building permit prior to September 1st;
and,
2. Becoming "established" by having 25% of all costs
completed by September 25th.
Under this scenario, the City would be obligated to make a
technical amendment to the Future Land Use Map to reflect
current conditions.
Acknowledging that the above scenario may not be acceptable to
the applicant, it is anticipated that he will seek
interpretations or take actions which will allow vesting to
occur. Some of these include:
1- Do not change the zoning until after adoption of Plan
Amendment 90-1. This provides a longer period for
securing a permit but not for "establishment" of the
use.
2. Determine that the 25% requirement may include all
physical improvements located on the Phase II parcel
even though they are required for Phase I (This
interpretation is not favored by the Planning
Director) . In conjunction with item #1, "establishment"
may be accommodated (actual cost are not known thus a
firm statement cannot be made).
. r' -,
City Commission Documentation
Worksession of June 19, 1990
Discussion of "Vesting" and Delray Town Center
Page 4
3. Determine that the project is a single "planned"
development and is to be treated as a whole. Thus, the
25% requirement would apply to the entire center and
would have to be met by September 25th in order to be
able to construct what is known as Phase II.
In order to properly qualify for this potentiality, the plat
which has created two lots would need to be voided and a new
plat created which treats the center as a single entity.
4. Concurrent with the action in Plan Amendment 90-1 which
deletes LC zoning as being consistent with
"Transitional" the land use designation, alter the
Future Land Use Map to extend the "Commercial"
designation onto that portion of the Phase II site
where construction is to occur and have the balance of
the site (lake area) shown as Open Space. If this
occurs, the new zoning on the shopping center portion
of the site would be the contemplated PC (Planned
Commercial) District.
Whatever direction is taken, it is necessary that it be clearly
stated in the conditions of approval on the site plan (assuming
approval is granted) . The most restrictive position would be
accommodated through establishing a time limit on the site plan
approval which is less than eighteen months and which coincides
with the effective date of Plan Amendment 90-1.
NOTE: ALTHOUGH MOST OF THE MATERIAL ADDRESSED ABOVE HAS BEEN
DISCUSSED WITH THE REPRESENTATIVES OF THE CITY ATTORNEY'S OFFICE,
THAT OFFICE HAS NOT PROVIDE A FORMAL OPINION ON IT. THUS,
OPINIONS FROM THAT OFFICE MAY VOID CONSIDERATION OF SOME OF THE
ALTERNATIVES AVAILABLE TO DELRAY TOWN CENTER.
REF/DJKf65/CCDTC.TXT
- ~.
June 15, 1990
TO: Mayor Tom Lunch
City of Delray Beach
FROM: INSURANCE TA~K TEAM:
Albert J. Travasos, C.L.U.
- John Whitmer, C.L.U.
Woodrow Lockett
Dear Mayor Lynch:
The members of the Insurance Task Team would like to thank you
for being given the opportunity to assist the City of Delray
Beach. The following is a summary of our meeting, the inter-
pretation of our findings and recommendations for the City
Council to consider.
May 30th the members of the Task Team met at the City of Delray
Beach's City Hall. We met with Risk Management Director Lee
Graham and briefly with Assistant City Manager John Elliott.
All material pertaining to the City's insurance program as well
as plan description and loss data were handed out at this meet-
ing. Much of the material is attached to this report and arranged
in order according to date.
The memorandum dated February 26, 1986 from James Pennington,
City Manager, set the premium for dependent coverage effective
March I, 1986 to be $102 per month.
Memorandum dated March 3, 1986 from James Pennington, City
Manager, indicated that a retired employee under the age of
65 would pay 52% per month for his/her coverage and $102 per month
for dependent coverage. This rate structure clearly indicates
that the City had made á decision to subsidize part of the retired
employees' health care premium. The City determined that the
employee rate should be $74.60. This being the rate that the
City should charge itself internally to provide each employee
with health insurance.
"Combining Balance Sheet - Internal Service Funds" dated September
30, 1987 indicates that at the end of the 1987 operating year the
Health Insurance Fund had a total equity of +$369,305. However,
,the loss ratio for the year was 91%. Claims being $785,541 and
revenues being $860,004. For a yearly gain of $74,463.
Mayor Tom Lynch
June IS, 1990
PAGE 2
Departmental correspondence from Lee Graham to Robert Barcinsk1
with carbon copy to David Huddleston dated 4/22/88 indicates that
the City was under funding its' Group Health Plan and recommended
a new employee rate of $107.74 and a dependent rate of $147.23.
This report showed the increasing claims experience from 1986
through 1988.
.
Departmental correspondence from David Huddleston to Robert
. Barcinski dated 4/26/88 indicated numerous variations of ways
to determine the appropriate premium to charge employees and
- their dependents. It would be easy to analyze the validity of
each one of the recommendations two years after the fact. That
would serve no useful purpose. The memorandum of 4/26/88 indicates
that some action is necessary. This review committee received no
correspondence indicating that any action was taken as a result of
this memorandum or Lee Graham's memorandum of 4/22/88.
"Combining Balance sheet - Internal Services Funds" - September
30, 1988 indicates that the Health Insurance fund had a net loss
of $127,070. This figure represents a loss after some miscellaneous
income. The actual claims for 1988 were $1,076,478 and revenues
of $931,468. This resulted in a loss ratio of 116%.
The budget preparation worksheet for fiscal year 1990 was prepared
in June or July of 1989 and shows that the department requested
$1,326,793. The Manager's recommendation was for $9S0,919. For-
tunately, the Manager's recommendation was not taken and the depart-
ment's request for $1,32S,919 was approved. This insurance committee
noted on page 2 of the report that several other department requests
for other areas of insurance were substantially reduced by the
Manager and the Manager's recommendation was accepted by the City
Council. The committee did not pursue this matter further since
it was not requested that the committee look into this matter nor
are any of the members experienced in the area of Worker's Comp
and Liability Claims. The committee did feel that additional problems
may exist in this area and draws your attention to these apparently
underbudgeted items.
"Combining Balance Sheet - Internal Services Funds" - September
30, 1989 indicates that the Health Insurance fund had an operating
loss far in excess of projection. That being a -$411,319. The
City was now experiencing a 161% loss ratio and this insurance
committee received no correspondence of any action being taken
by the City Council, City Manager or any Department Head. The
City now had an unfunded deficit of -$169,084.
~
Mayor Tom Lynch
June IS, 1990
PAGE 3
Memorandum from Lee Graham to Malcolm Bird dated February 20, 1980
recommended new rates for employees of $181.20 and dependent rates
qf $171.40. It appears to this committee that these rates are an
attempt to maintain status quo. There is no indication that the
rates are an attempt to recover the City's existing deficit.
There does not appear to be any margin or surplus built into the
. rates nor is there an indication that the current medical inflation
rate of 20% to 22% was factored in for the next twelve months.
These rates were adopted by the City Council on February 27, 1990.
The two members of this committee with insurance experience would
like to comment that neither have ever seen a rate structure where
the dependent rate was less than the employee rate. Since dependent
units always consist of an average of more than one dependent per
employee, it is customary to have a dependent rate higher than the
employee rate. The City has maintained a practice of separating
the employee and dependent losses. Even though dependent losses
have averaged higher than employee losses, all of the expense
charges for administering the group plan have been added to the
employee side. Therefore, the average cost has been determined
to be greater for the employee than for the dependent. A copy of
a page has been attached marked Exhibit IV. In the middle of the
page, you will see that the average loss per employee was $117.SS.
The average loss per dependent unit was $161.19. After adding all
of the administrative and insurance costs to the employees
side only, the basic monthly cost was arrived at $170.73 per employee
and $161.19 per dependent. Although this is a mathematically sound
calculation, it is not a customary insurance calculation. Part of
the cost should be borne by the dependents and, therefore, you would
have a higher dependent rate than employee rate. It is recommended
that the next time the health premium rates are reviewed that this
method of calculation be carefully considered for revision.
It was also noted by the insurance committee that the retired em-
ployees are charged significantly less than the actual cost of
insurance. If this practice is to remain, the City Council should"
budget this item as a financial loss and not expect to recover the
loss from the premium generated by the employee and dependent charge
to the regular employees.
The insurance committee was at a loss as to why no action was taken
by the City from 1988 to March of 1990 when the problem of the health
insurance was becoming apparent and had been documented. After the
insurance committee meeting was adjourned, member Albert J. Travasos,
C.L.U. made several phone calls and the balance of this report is a
reflection of the information obtained from those phone calls.
Mayor Tom Lynch
June IS, 1990
PAGE 4
The City's Annual Report done by Ernst & Young only indicates that
the health insurance fund has a deficit and that premiums are being
charged to fund the health insurance. It does not appear that
Ernst & Young has ever been requested to do an actuarial review of
the health insurance plan. ,
- The City's group agent with American General seems to be extremely
cooperative and knowledgable. There appears to be an indication
- that American General has prevented the City of Delray from having
a claim problem when claims have significantly exceeded premiums.
Your agent has indicated a willingness to meet with the City at any
time to assist in plan and premium design.
Agenda report of 2/27/90 indicates that the "City's Group Health
Plan is due for renewal on March lst. The plan is primarily one
of self-insurance...". Attached to this report is a photo copy
of a page from Public Officers'and Employees; General Provisions.
Chapter 112.08 indicates that each local government may self-insure
and that they are to obtain approval from the Department of Insurance.
The City must also submit to the Department of Insurance a description
and explanation of actuarial assumptions. This report is required
once a year. Lee Graham indicated that this report is not required
by the City because the City of Delray Beach is not "technically
self-insured". The City should determine if they are required to
comply with this State Statute. Even if they are not, the actuarial
assumption should be submitted to the State for review. If this
had been done in the past, the City would have received a report
back from the State indicating the necessity for a rate increase
in order to prevent the deficit that now exists.
The following hypothetical question was asked of Lee Graham, Dave
Huddleston and Yvonne Kincaid. "If claims were projected to be
$100,000 a month and the City began experiencing claims far in
excess of $100,000 a month such as $ISe,OOO a month, whose responsi-
bility would it be to call this to the attention of the City Manager?"
Lee Graham indicated that he thought that it would be Finance's
responsibility. Mr. Huddleston indicated that he thought it would be
Budget's responsibility. Ms. Kincaid said that in reality it was
Lee Graham's responsibility. This a very abbreviated description
of the response to the question but it points out why the insurance
plan can get so far out of line before it is brought to Council's
attention.
It appears that the current rates are not a combined effort of the
Risk Management Department and Finance Department. The Finance
Department seems to have more input than the Risk Management Depart-
ment and, the adopted rates are less than those recommended by your
group insurance broker because they do not include 25% for margin
·
Mayor Tom Lynch
June IS, 1990
PAGE 5
Summary:
The committee feels that the documentation attached clearly indicates
that some City employees were aware of the City's health insurance
premium problem and that action was not taken in time. It is also
felt that the very structure of who is responsible within the City
should be reviewed immediately. The problem appears to be signifi-
- cant and inèreasing to the point where further analysis by this
committee is not appropriate. We would strongly recommend that
you immediately hire a professional consultant to come in and do
a complete analysis not only of plan design but of the City's
method of self-funding. It is felt that your existing agent is
a benefit that should be used.
The committee also feels that surrounding municipalities could be
contacted to see what type of 'pre-employment physicals, wellness
programs and health education is provided to their employees in
order to have a positive effect on decreasing claims.
If the committee can be of any further assistance, please let us
know. It has been our pleasure to serve the City of Delray Beach.
Attachments
MEMORANDUM
TO: All Regular Full-Time Employees ~
FROM: James L. Pennington, City Manager! ,'y'
DATE: February 26, 1986
SUBJECT: Group Health Insurance
~
-
Our group health insurance for the annual term commencing
- March 1, 1986, continues to be with Gulf Group Services
Corporation. They adminster the Gulf Life Group program of
insurance which we have been using over the past year.
Health care costs continue to rise but we have been
successful in keeping the increase at a minimum for the
employees carrying dependent coverage. This coverage cost
for the coming year will be $102.00 per month in place of
last year's expiring rate o~ $90.40 per month. This is still
an excellent bargain since similar health coverage for a
family would cost several hundred dollars per month if
purchased on an individual basis.
As in past y~ars, the City will continue to pay employee
health premiums for regular full-time employees, and
the employees will pay for their dependent coverage. Council
has made every effort to maintain minimum dependent costS¡
therefore, the best choice for health coverage at low
premiums was again Gulf Group. It will be important for
employees to become familiar w~th the plan's changes in order
to get maximum benefits from the City's insurance, and to
minimize the employee's "out-of-pocket expenses. II A brief
outline of the current plan and a few minor changes that have
been made for the new program are as follows:
I. Plan Descriotion. Modification and ChanQes.
Basically, this is a group health plan with
features of both basic benefits that pay a
percentage of medical bills after a deduc-
tible has been met, along with a major
medical expense benefit that takes over on
a 100% basis after medical bills reach a
set limit.
II. Maximum Benefit and Waiver of Co-insurance.
A. Maximum Benefit. The lifetime maximum
benefit that could be paid on behalf of
any covered person is one million
dollars.
Memorandum i
Group Health Insurance I
February 26, 1986 I
,
Page Two
B. Waiver of Co-insurance. There is a
waiver of co-insurance after out-of-
pocket expenses exceed $1,000 on the
90 - 10 plan. There is a waiver of co-
insurance after ou~-of-pocket expenses
- exceed $2,000 on the 70 - 30 plan.
0 III. Octions
A. Co-insurance
1) 90 - 10. [the plan pays 90% of
claim if claimant takes advantage of
the P.P.o. ( Preferred Provider
Organization) feature of the plan.
This is the same program which we
had last year and all employees are
encouraged to take advantage of this
cost-saving provision. Briefly ex-
plained, P.P.O. utilizes health care
medical professionals, facilities,
and planning services designed to be
cost-efficient].
2) 70 - 30. [the plan pays 70% of
claim if claimant elects to not
utilize P.P.o. guidelines as dis-
cussed in the 90-10 option that was
previously described. An employee's
choice of a non-P.P.O. physician,
non-P.P.O. hospital, or disregard of
timely reporting or planning could
cause a claim to be paid under the
70 - 30 option instead of the 90 -
10 opti9n.
** Note that the 80-20 provision has
been eliminated from the new plan.
B. Deductible Provisions.
1) The $200 deductible per calendar
year still applies without change
and the maximum family deductible
per calendar year remains the same
[2 deductibles = $400).
"
Memorandum
Group Health Insurance
February 26, 1986
Page Three
2) The requirement for calling the
Florida Health Network prior to
hospital admission still applies
under the new program. The number
is toll free long distance: In
Florida - 1-800-331-0017, and out
of Florida - 1-800-341-4367.
- ** Note that all employees should be
aware of the procedure to take ad-
vantage of the cost-saving features
of the group health insurance pro-
gram. All to whom these options are
not clear should contact their
Department Head or Administrative
Assistant for further explanation.
IV. Life Insurance and Disabilitv Insurance.
Both remain the same as were in effect on
the expiring policy.
JLP/DMB/LRG/mcm
.1,-- .
CITY DF DELRAY BEA[H
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MEMORANDUM
TO: Retirees of the city of Delray
PROM: James L. pennington,
. DATE: March 3, 1986
-
SUBJECT: participants in the City's Group Health Insurance
Our group health insurance for the annual term commencing,
March 1, 1986, continues to be with Gulf Group Services
Corporation. They adminster the Gulf Life Group program of
insurance which we have been using over the past year.
Health care costs continue to rise but we have been
successful in keeping the increase at a minimum for the
retirees carrying either individual coverage or individual
plus dependent coverage. This coverage cost for the coming
year will vary depending on whether the covered person is
eligible for Medicare or not. The rate structure will be:
1) Retiree under 65 Dependent under 65 I!2th
$52.00 $102.00 $154.00
2) Retiree under 65 Dependent over 65 ~
$52.00 $61.20 $113.20
- ~ 3) Retiree over 65 Dependent under 65 U2th
$31.20 $102.00 $133.20
1 4) Retiree over 65 Dependent over 65 U2th
$31.20 $51.20 $92.40
The above rates take into consideration Medicare
participation for those retirees or their dependents who are
eligible for Medicare. Benefits under the City's group
health plan will be reduced by the full Medicare benefits
paid or payable under Medicare if the insured or dependent is
or could be enrolled for full Medicare benefits.
Council has made every effort to maintain the lowest possible
costs for retirees and their dependents, therefore the best
choice for health insurance was again the Gulf Life Group
program.
''I. ea..-\:""cp':""'> ':-)'\<-1 ·,.tV"'.... L>n~\ \~, ("-4;:\:;\~E(-S u..."'c\\T ç--s L.J,~ a~ \ c. !:.<""
",~,...,s.. ~ µi~~l'-''''''.:' "1 Yh·<_Co\ c~{ d.\<:.ø.b-:\.\,(. t"-\..-
/1.·
i~., ;'M.morandum to Retirees
,-:,,'~":"" Res Insurance program changes
, , 'March 3, 1986
page Two
It will be important for all concerned with this group health
insurance plan to become familiar with the plan's provisions
~ including changes from last year's program in order to get
the maximum benefit. A claimant's ·out-of-pocket· expense
can vary by utilizing features of the plan. A brief outline
of the current plan and a few changes that have been made for
the new program are as follows~
I. Plan DescriDtion. Modification and Chanqes.
- Basically, this is a group health plan with
features of both basic benefits that pay a
percentage of medical bills after a deduc-
tible has been met, along with a major
medical expense benefit that takes over on
a 100\ basis after medical bills reach a
set limit.
II. Maximum Benefit and Waiver of Co-insurance.
A. Maximum Benefit. The lifetime maximum
benefit that could be paid on behalf of
any covered person is one million
dollars.
B. Waiver of Co-insurance. There is a
waiver of co-insurance after out-of-
pocket expenses exceed $1,000 on the
90 - 10 plan. There is a waiver of co-
insurance after out-of-pocket expenses
exceed $2,000 on the 10 - 30 plan.
III. DDtions
A. Co-insurance
1) 90 - 10. [the plan pays 90% of
claim if claimant takes advantage of
the P.P.D. ( Preferred Provider
Organization) feature of the plan.
This is the same program which we
had last year and all claimants are
encouraged to take advantage of this
cost-saving provision. Briefly ex-
plained, P.P.D. utilizes health care
medical professionals, facilities,
and planning services designed to be
cost-efficient].
r
/
~
Memorandum to Retirees
ReI Insurance program changes
March 3, 1986
Page Three
2) 70 - 30. [the plan pays 70' of
claim if claimant elects to not
utilize P.P.o. guidelines as dis-
cussed in the 90-10 option that was
previously described. A retiree's
choice of a non-P.P.O. physician,
non-P.P.O. hospital, or disregard of
timely reporting or planning could
cause a claim to be paid under the
. 70 - 30 option instead of the 90 -
- 10 option.
** Note that the 80-20 provision has
been eliminated from the new plan.
B. Deductible Provisions.
1) The $200 deductible per calendar
year still applies without change
and the maximum family deductible
per calendar year remains the same
[2 deductibles - $400]. The deduc-
tible must be paid before the insur-
and company pays under either their
90-10 option or their 70-30 option.
2) The requirement for calling the
Florida Health Network , prior to
hospital admission still applies
under the new program. The number
is toll free long distance: In
Florida - 1-800-331-0017, and out
of Florida - 1-800-341-4367.
.. Note that all claimants should be
aware of the procedure to take ad-
vantage of the cost-saving features
of the group health insurance pro-
gram. All to whom these options are
not clear should contact the
City's insurance division for fur-
ther explanation.
IV. Life Insurance.
The rate of $.44 per $1,000.00 of life
insurance remaines the same as that in
effect last year for those retirees that
chose the coverage.
Retirees
program changes
This letter makes an effort to give a brief description of
the group health policy. The exact terms are those contained
in the master contract. An updated employee/retiree
Schedule/Booklet is being prepared and will be furnished to
all whom this insurance applies.
,
. Please note that to whom all this memorandum applies mua.t
- complete the attached questionnaire and return it to the City
112 later than March 17, 1986. This is to verify that all
information in your file is true and correct, or to allow
participants to make changes where necessary. The City must
have enough time to notify Sun Bank of the current and
correct insurance deductions for each retiree by Apr il 1,
1986. Please act accordinglYI otherwise the City will
proceed to notify Sun Bank of each retiree's insurance
deduction based upon last year's specifications1
JLP/DMB/LRG/mcm
~
enclosure
~~
ti
~t
~'
COMBINING BALANCE SHEET--INTERNAL SERVICE FUNDS \
:"t
CITY OF DELRAY BEACH7 FLORIDA
i
September 30, 1987
Health Cent ra1 Total
Insurance Insurance Garage September 30
Fund Fund Fund 1987 1986
\SSETS
~
~URRENT ASSETS
Pooled cash and investments $ 145,624 $ 365,929 $ 22,979 $ 534,532 $ 466,235
-ca s h 17,000 17,000 17,000
Investments, at cost 1,000,000 1,000,000 500,000
Accounts receivable, net 6,667 6,667 6,109
Interest receivable 15,461 15,461 18,394
Inventory 22,237 22,237 15,788
Deposits 20,000 20,000 20,000
1,187,752 382,929 45,216 1,615,897 1,043,526
'ROPERTY AND EQUIPMENT
3uildings 1,275,854 ;~
Improvements other than
buildings 100,483
:::quipment 2,286 181,389 183,675 605,424
Accumulated depreciation ( 381) ( 150,547) ( 150,928) ( 492,852)
1,905 30,842 32,747 1,488,909
TOTAL ASSETS $ 1,189,657 $ 382,929 $ 76,058 $ 1,648,644 S 2,532,435
.IABILITIES AND FUND
EQUITY (DEFICIT)
:lJRRENT LIABILITIES
Accounts payable $ $ $ $ $ 6,567
Insurance claims payable 121,633 13,624 135,257 168,602
121,633 13,624 135,257 175,169
ONG-TERM LIABILITIES
Insurance claims payable 431,246 431,246 536,863
Compensated absences
payable 4,859 21,244 26,103 22,433
436,105 21,244 457,349 559,296
TOTAL LIABILITIES 557,738 13,624 21,244 592 , 606 734,465
UNO EQUITY (DEFICIT)
Contributed capital 110,808 110,808 1,892,287
Retained earnings (deficit) 631,919 369,305 ( 55,994) 945,230 ( 94,317)
TOTAL FUND EQUITY 631,919 369,305 54,814 1,056,038 1,797,970
TOTAL LIABILITIES
AND FUND EQUITY $ 1,189,657 $ 382,929 $ 76,058 $ 1,648,644 $ 2,532,435
- -
-81- il
L
COMBINING STATEMENT OF REVENUE, EXPENSES AND CHANGES L
IN RETAINED EARNINGS (DEFICIT)--INTERNAL SERVICE FUNDS
CITY OF DELRAY BEACH, FLORIDA L
Year Ended September 30, 1987
l
[
, Health
Central
Insurance Insurance Garage I
Fund Fund Fund
-
Operating revenue [
Charges for services $ 1,501,638 $ 984,712 $ 279,482
Operating expenses I
Personal services 85,922 216,450 i
Other operating expenses 1,193,726 916,091 62,243 I
Depreciation 12,969
1,279,648 916,091 291,662 (
OPERATING INCOME (LOSS) 221,990 68,621 ( 12,180)
Nonoperating revenue (
Interest 44,640 13,490 1,998
Loss on sale of assets
Insurance proceeds 240,747 I
Miscellaneous revenue 144,852 2,942 2,097
430,239 16,432 4,095
NET INCOHE (LOSS) BEFORE
OPERATING TRANSFER 652,229 85,053 ( 8,085) I I
Operating transfers
Operating transfers in I
NET INCOME (LOSS) 652,229 85,053 ( 8,085)
Retained earnings (deficit), I
beginning of year ( 20,310) 284,252 ( 47,909)
Residual equity transfer
RETAINED EARNINGS I
'(DEFICIT), END OF YEAR $ 631,919 $ 369,305 $( 55,994)
I
:
r ;
( ]
-82- 11
'I
=r~
'. DEPARTMENTAL [ITY OF
. .
.
· .
CORRESPONDENCE
DELAAY BEA[H
TO Robert A. Barcinski, Asst. City Manager
FROM Lee R. Graham, Risk Management Director
The City's Self Insured Group Health Program and
Life Insurance/Long Term Disability Insu~ance 4/22/88
SUBJECT OA 11
~
· The City's Group Health Plan is primarily one of self insurance in which the
· City pays for its own claims. Any individual claim which exceeds $50,000
then triggers full insurance for any amount over the $50,000 per claim.
The Plan, known as an A.S.O., which stands for Administrative Services Only,
contract is paid by the City on a monthly basis for the following three
categories of charges. They are:
1. Administrative Fee (Claims, record keeping, commission, etc.)
2. Pooling Fee (The specific loss, insured portion)
3. P.P.O. (Cost control through review of services and bills)
These three charges are multiplied by the number of units consisting of
employees. retirees and former employees who have. by law. the right to
continue being insured under the City's Plan by paying their monthly premium.
A comparison of the charges of 1986-87 and 1987-88
l. Administrative Fee $ 7.69 $ 8.23
2. Pooling Fee 6.57 7.66
3. P.P.O. Fee 2.30 2.30
$16.56 $18.19
There is also an annual premium for aggregate insurance of $11,500.00.
The current total of participant units in the Plan are:
Employees 535
Retirees 74
Former Employees 9
Total 618
This total times the A.S.O. charge fees develop these projections:
A.S.O. Fees $ 18.19 per month
Participant Units x 618
$11,241.42 per month
x 12 months
A. S.O. Fees $134,897.04 per year
To this we add the $11,500 aggregate insurance charge:
A.S.D. Fees $134,897.04
+ 11.500.00
$146,397.04
This represents the total fees paid to American General Group Services for
their charges. To this amount we add projections for expected claims.
. -~-
.
. .
.
.
Robert A. Barcinski
April 22. 1988
Page 2
Claims
Claims for past years and projection for the future.
1986-87 1987-88 1988-89
$643.308 $706.663 $833,862
~
Employee $384.225 $366,800 Undetermined
Dependent $259.083 $339.863 Undetermined
- Funding
The City must therefore fund for a total of:
A. S.O. Fees $134.897
Projected Claims 833.862
Aggregate Insurance Fee 11.500
$980,259
Rates, Current
, For the past two years, rates have remained constant:
, A. Regular Employees
Employee Rate $ 74.60
Dependents $102.00
B. Retirees
Under age 65 $ 52.00
Over age 65 $ 31.20 (Consider Medicare as Primary)
Dependents under age 65 $102.00
Dependents over age 65 $ 61.20 (Consider Medicare as Primary)
Rates, Future
To fund approximately $980,259.
Company suggests:
Employee Rate $107.74 x 530 x 12 - $685.226
Dependent Rate $147.23 x 167 x 12 - 295.049
$980.275
Alternate Suggestion: $114~98 x 530 x 12 - $731,273
Employee Rate
Dependent Rate $124.25 x 167 x 12 - 248,997
$980,270
It is an inexact science to estimate the ultimate premium necessary to cover
all expenses and claims because of all the variables involved including:
Estimating future claims
Exact number of employees
Exact number of dependent units
Reduced charges to Retirees
Reduced charges for elder Retirees and elder Dependents
(taking into account Medicare participation)
.
~--
.
,
.
Robert A. Barcinski
April 22. 1988
Page 3
;
Life Insurance
The Life Insurance rates remain constant with no increase. The rate remains
at $0.44 per .$1.000 of insurance. This, has remained the same since the
program's inception date of 1985.
~
Long Term Disability
- The L.T.D. or Long Term Disability insurance rates (for regular City employ-
ees other than Police and Fire Departments) also remains the same with no
- rate increase. The rate is $0.99 per $100 of covered payroll. there are
currently seven former full time employees receiving benefits at this time.
It should be recognized that the claims paid are for a full year: 1/1/87 to
1/1/88 which should be considered reliable even though there is some overlap
with the City's fiscal year of October to October. The total claims
projected last year were $739,176 while the insurance company's actual paid
totals were approximately $32,513,less at $706,663.
The claims projections for the coming year of $833,862 thus have validity
based on past projections.
The A.S.O. Group Health Program has the following advantages:
1. It allows the City to control health care costs by paying only for
City's own claims plus minimal administration fees.
2. Plan has an effective cost control feature in the cost review of the
P.P.O. by the Florida Health Network.
3. It allows the City to retain the reserves on claims, as payment is made
only for claims as they occur.
4. Plan allows for the City to have effective control on rates including
~reduced rates for retirees.
L G/sm .
cc: David M. Huddleston, Director of Finance
.
, -
- DEPARTMENTAL RECE'VEC'~ [ITY IF' .'
CORRESPONDENCE ~JtE RAY BEA[H
Robert A. Barcinski. Assistant City Manage
TO
Management Services Gro
~ROM David M. Huddleston. Director of Finance
"The City's Self Insured Group Health Program and Life Insurancel
SUBJ£Cl Long Term Disability Insurance" Memorandum Dated April 22, 1988 ...." 04-26-88
~
- I am in receipt of the above referenced memorandum and would provide the
following comments and observations regarding the financial matters
- included in this memorandum.
On page two of the memorandum, it indicates a projected funding requirement
for the City of $980.259. This projection is based upon a $833.862
estimate of claims for the period 1988-89. In using this projection of
$833.862, the rates as addressed in the memorandum are, therefore. based
upon a prospective funding mechanism for both employees and dependent
coverage.
In the section marked "Rates, Future". the analysis provides a funding of
$980,215 with $685,226 coming from the employee rate and $295.049 from the
dependent rate. I would point out that this calculation does not include
the actual units of 535 employees. 74 retirees and 9 former employees.
Also it has been indicated by Mr. Graham that of the 74 retirees an average
of 43 of those retirees is carrying dependent coverage. It would seem
appropriate to utilize all of these numbers in the calculation for the
actual revenues to be derived in the "Rates. Future" section.
The retirees and former employees apparently were included in the projected
claim figure of $833.862 and should also be included in the determination
of coverage to be derived from the various user fees. In past years. the
rate calculations for dependent coverage have been retrospective; whereby
the actual claims by the dependents, in this case $339,863 for 1987-88.
would be divided by the average number of dependent units which would total
209 for the year. This would provide an average loss per unit per year of
$1.626.14 or a monthly loss per unit of $135.51.
The referenced memorandum provided a projection of $833.862 which is an 18%
increase over the previous year's total losses of $706.663. Using this
percentage increase for the City's share would seem appropriate; however.
to use this methodology for the dependents could result in the employees I
with dependent coverage funding additional surpluses. if this actual 18%
increase were not realized in 1988-89. Therefore. this was the reason and
practice as to why staff and Commission have used the retrospective basis
for billing employees for their dependent coverage.
I have attached a schedule which outlines a retrospective basis for the
dependent coverage and also provides optional methodologies of funding for
the City's share of coverage. This schedule reflects an adjusted monthly
cost per unit of $132.94 for the dependent rate. If the City would change
its methodology of only billing four times per month for weekly employees
t.} or - ,... .
.
and two tiaes per month for biweekly employees. and pick up the additional
pay periods annually of four for weekly and two for biweekly and go with a
straight biweekly and weekly billing, the rate for dependent coverage for
biweekly employees would need to be $61.36 on a retrospective basis. This
would be in comparison with the c~rrent rate of $51.00 per biweekly pay
period. Utilizing the additional pay period would help minimize the per
pay period cost for the employees.
A second aethodology was used on the schedule and this was in conjunction
with an inflationary rate of 18% as considered by the insurance company.
This would require an adjusted monthly cost per unit of $156.87 or a
biweekly premium of $72.40. However this method, if the 18% increase is
not actual. could result in an over-billing or under-billing to the
. employees.
The third methodology utilizes an inflationary index of 4.2% which is in
keeping with the current Consumer Price Index. This would provide a
monthly cost per unit of $138.52 per month. The City might desire to
budget the 18% inflationary rate for the City's share for the employees
which would result in a monthly cost per unit of $83.25 as compared to the
current rate of $74.60. The inflationary increase method has been used in
the past years in determining the City's share for employee coverage. This
option was selected because the City has an opportunity to utilize
surpluses or fund deficits in future years, which would not necessarily be
the case with employees who might be new employees or terminated employees.
As Mr. Graham indicated. the funding method for a self-insured program is
not an exact science as there are many variables which come into play.
Certainly. the inflationary rate is one which is subject to speculation as
are the types and nature of the claims which would determine the actual
losses for 1988-89. As can be seen in the data for 1986-87 and 1987-88.
the employee losses actually decreased for that period while the dependent
losses increased by approximate 31% from $259.083 to $339.863. The
dependent losses for 1985-86 were $243.163. Because of the randomness of
the actual annual losses for both employee and dependent coverage. it has
resulted in the determination to use the retrospective method for pricing
monthly premiums for dependent coverage.
I would be happy to discuss these statements and the methodologies with you
and Mr. Graham at your convenience.
\
DMH/sam
cc: Lee Graham. Risk Management Director
Attachments
2
I -.....
.
.
I OF CtlVERED I Of COVERED
I Of COVERED EtIPlOYEE I OF COVERED RETIREES I OF COVERED
YEM IION1M EIIPLOYt:ES FAIUllES RETIREES fA"ILIES COBRA UNITS
1987,JAI 492 168 67 43 0
1981fEl 49' 110 69 4~ 0
1987 lIAR 496 167 6~ 43 0
1987 APfI 49' 168 67 "43 0
1987 MY ~O8 165 69 43 2
1981,JUN 504 . 43 4
163 68
1981JUl 508 161 68 43 5
- 1987 AUIì 510 160 69 43 6
1987 SEP 512 165 69 43 4
- 1987 OCT 517 167 69 43 5
1987 NO\' 519 167 69 43 II
1981 DEC 531 161 69 43 7
AVERAGE 508 166 68 43 3
TOTAl EIIPlOYEE DEPENDENT
-------------------------------------------
CtAl" t'S PAID
1986 643308 384225 259083
1987 706663 366800 339863
I Of ClAIKS PAID
1986 NOT AVAILABLE
1987 AS AlOFt
CURRENT RENEIIAl
--------.--------------------
RUN OUT LIABILITY 498.5 556.3~ PEP. E"PlOYEE PER "ONTH
SPECIFIC POOLING FEE I
I
$50,000 6.57 7.66 PER ["PLOYEE PER KONTH
S65,000 6.57 PER EKPlOYEE PER KONTH
175,000 4.56 PER EKPLOYEE PER trotfTH
OTHER PER E"PlOYEE PER PKlNTH
AGGREGATE lOSS FEE 7500 ,11500 PER ANNU"
ADIIIHISTRATIVE COST 7.69 8.23 PER E"PLOYEE PER "ONTH
EXPECTED IIEDICAL INFLATION RATE 1.175 1.18 PER AHtfUtI
fL HEALTH NETWORK COST 2.3 2.3 PER E"PlOYEE PER IIOHTH
flF NOT INCLUDED ABOVE)
liARS IN FOR CAP 1.25 1.25 1
EXPECTED CLAIIIS PER EIIPLOYEE 1389.26 1528.14 PER ANNUM
KAXI"UM ANNUAL CLAIII LIABILITY 1736.58 1910.18 PER ANNUli
PER E""lOYEE
.
.
.
.
EtflOYEE DEPENDUT
RATE RATE
PlJIII YEAR lOSSES 3U800 339863
IMIBÐI Of tJlUTS 5741 20'
lOSS PER UNJT/YEAR 633.~1 1626.14 I if tþ7
-
lOSS PER UIUTlIUlNTH ~2.79 13~.51
- SPECIfIC PODlJN6 fEE 6.57
- .
A66REGATE lOSS FEE/UNIT/KONTH 1.66
AD"INISTRATIYE fEE 8.23
FL HEAl TM NETIIIJR( FEE 2.3
BASE MONTHlY COST 71.55 13~. ~1
PROJECTED INTEREST EARNINGS 134410
MONTHLY COST ALLOWANCE 1.01 2.541
FOR INTEREST EARNINGS
RATES IIITH NO INFLATION
ADJUSTED "ONTHlY COST/UNIT 70.54 132.92 i
I
WEEKLY COST 30.61
BIWEEKLY COST 61.34
RATES IIITH INfLATION CONSIDERED
(AS fEA INSURANCE CO.--181)
ADJUSTED "ONTHlY COST/UNIT 83.24 156.85
WEEKlY COST ' 36.2
BllIEEKlY COST 12.4
RATES WITH INFLATION CONSIDERED
(AS PER CONSUMER PRICE INOEI--4.211
ADJUSTED MONTHLY COST/UNIT 73.~ 138.~
¡
,
COMBINING BALANCE SHEET--INTERNAL SERVICE FUNDS
CITY OF DELRAY BEACH, FLORIDA
September 30, 1988
Health
Insurance Insurance
Fund Fund
,
- ASSETS
-
CURRENT ASSETS
Pooled cash and investments .$ 742,182 .$ 266,136
Cash 17 ,000
Investments, at cost 1,000,000
Accounts receivable, net 842
Interest receivable 25,187
Inventory
Deposits 20.000
1,788,211 283,136
PROPERTY AND EQUIPMENT
Equipment 7,157
Accumulated depreciation ( 838)
6.319
TOTAL ASSETS S 1. 794.530 S 283.136
LIABILITIES AND FUND EQUITY (DEFICIT) ·
CURRENT LIABILITIES ·
Pooled cash and investment overdraft .$ .$
Accounts payable
Insurance claims payable 264.970 40.901 ·
264,970 40,901
LONG-TERM LIABILITIES
Insurance claims payable 939,437 ·
Compensated absences payable 8 .112
947.549
TOTAL LIABILITIES 1,212,519 40,901 ·
FUND EQUITY (DEFICIT)
Contributed capital
Retained earnings (deficit) 582.011 242.235 ·
TOTAL F1JND
EQUITY (DEFICIT) 582 .011 242.235
TOTAL LIABILITIES AND IT
F1JND EQUITY (DEFICIT) S 1. 794.530 S 283.136
·
-86- ·
r.
"
COMBINING STATEMENT OF REVENUE, EXPENSES AND CHANGES
IN RETAINED EARNINGS (DEFICIT)--INTERNAL SERVICE FUNDS
CITY OF DELRAY BEACH, FLORIDA
Year Ended September 30, 1988
Health Central Total
Insurance Insurance Garage Year Ended September 30
Fund Fund ~ Fund 1988 1987
Operating revenue
- Charges for
services $ 1,321,087 $ 1,081,665 $ 248,980 $ 2,651,732 $ 2,990,580
Operating expenses
Personal services 106,589 238,695 345,284 322,866
Other operating
expenses 1,852,269 1,225,010 68,477 3,145,756 2,395,276
Depreciation 457 9,011 9.468 127.971
1,959.315 1. 225.010 316.183 3.500.508 2.846.113
OPERATING INCOME
(LOSS) ( 638,228) ( 143,345) ( 67,203) ( 848,776) 144,467
Nonoperating revenue
Interest 100,965 13,578 2,779 117,322 61,143
Loss on sale of
assets ( 10,233)
Insurance proceeds 154,213 154,213 240,747
Miscellaneous
revenue 333.142 2.697 1.660 337.499 149,891
588.320 16,275 4.439 609.034 441,548
NET INCOME
(LOSS) BEFORE
OPERATING TRANSFER ( 49,908) ( 127,070) ( 62,764) ( 239,742) 586,015
Operating transfers
Operating transfers
in 53.942
NET INCOME (LOSS) ( 49,908) ( 127,070) ( 62,764) ( 239,742) 639,957
Retained earnings
(deficit), begin-
ning of year 631,919 369,305 ( 55,994) 945,230 ( 94,317)
Residual equity
transfer 399.590
RETAINED EARNINGS
(DEFICIT),
END OF YEAR $ 582.0ll $ 242·lli $( 118.758)$ 705.488 $ 945.230
-
-88-
.
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I
COMBINING STATEMENT OF REVENUE, EXPENSES AND CHANGES
IN RETAINED EARNINGS (DEFICIT)--INTERNAL SERVICE FUNDS
CITY OF DELRAY BEACH, FLORIDA
Year Ended September 30, 1989
Health Central Total I
Insurance Insurance Garage Year Ended September 30 i
Fund Fund Fund 1989 1988
Operating revenue
Charges for
services $ 959,894 $ 1,149,011 $ 204,119 $ 2,313,024 $ 2,651,732
.
Operating expenses
Personal services 113,270 207,929. 321,199 345,284
Other operating
expenses 1,578,996 1,570,209 65,703 3,214,908 3,145,756
Depreciation 1.123 7.505 8.628 9.468
1. 693.389 1. 570.209 281.137 3.544.735 3.500.508
OPERATING LOSS ( 733,495) ( 421,198) ( 77.018) ( 1.231,711) ( 848,716)
f
Nonoperating revenue
Interest 141,781 4.211 9.489 155.481 117.322 j
Insurance proceeds 15,318 15.318 154.213 I
..
Miscellaneous '"
revenue 133.837 5.668 998 140.503 337.499
290.936 9.879 10.487 311. 302 609.034
NET LOSS ( 442.559) ( 411,319) ( 66.531) ( 920,409) ( 239,7_42 )
Retained earnings
(deficit), begin-
ning of year 582.011 242.235 ( 118.758) 705.488 945.230
RETAINED EARNINGS
(DEFICIT).
END OF YEAR $ 139.452 $( 169.084)$( 185.289)$( 214.921)$ 705.488
-- ~
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.
-90-
.
Ii
COMBINING BALANCE SHEET--INTERNAL SERVICE FUNDS ·
CITY OF DELRAY BEACH, FLORIDA ·
September 30, 1989
·
Health
Insurance Insurance ·
Fund Fund
ASSETS
CURRENT ASSETS ~
Pooled cash and investments .$ 625,029 .$
Cash 17 , 000 ·
Investments, at cost 1,000,000
Accounts receivable, net 3,171
Interest receivable 26,595 .'
Inventory
Deposits 20.000
1,674,795 17 ,000
PROPERTY AND EQUIPMENT L,
Equipment 6,812
Accumulated depreciation ( 1. 618) .'
5.194 ,'-,..
TOTAL ASSETS S 1. 679.989 S 17 . 000 .
LIABILITIES AND FUND EQUITY (DEFICIT)
CURRENT LIABILITIES iii
Pooled cash and investment overdraft .$ .$ 174,401
Accounts payable 1,231 11,683 i
Insurance claims payable 297.804
299,035 186,084
LONG-TERM LIABILITIES
Insurance claims payable 1,229,398
Compensated absences payable 12.104
~ 1. 241. 502
TOTAL LIABILITIES 1,540,537 186,084
FUND EQUITY (DEFICIT)
Contributed capital
Retained earnings (deficit) 139.452 ( 169.084)
TOTAL FUND
EQUITY (DEFICIT) 139.452 ( 169.084)
TOTAL LIABILITIES AND
FUND EQUITY (DEFICIT) $ 1. 679.989 S 17.000
-88-
~
[ITY OF DELAAY BEA[N
100 NW, 1st AVENUE DELRAY BEACH. FLORIDA 33444 407/243-7000
MEMORANDUM
TO: Malcolm T. Bird, Interim City Manager
FROM: Lee R. Graham, Risk Management Director
THRU: John W. Elliott, Jr., Asst. City Manager
DATE: February 20, 1990
SUBJECT: Renewal of the Group Health Plan
The renewal of the City's Group Health Plan is March I, 1990. The Plan is
primarily one of self-insurance in which the City pays for its own claims.
Any individual claim which exceeds $60,000 in the policy year then triggers
full insurance for any excess of that amount. It will be cost efficient to
increase this self-insured maximum to $75,~00 for the coming year.
The Plan is known as an A.S.O.+ (Administrative Services Only Plus) Contract.
The City, on a monthly basis, pays for three categories of charges:
l. Administrative Fee - Claims handling, recording, commission, etc.
2. Pooling Fee - The insured specific loss portion over the self-insured
maximum per claim.
3. Utilization Review/PPO Fee - A cost control service through review,
certification, claims management, and provider fee negotiation. -
Charges for these three categories are factored times the number of "Units"
consisting of employees, retirees, and former employees covered under
C.O.B.R.A., the federal law which maodates that the City mus tallow former
employees to remain covered on the group health plan for 18 months while
making their monthly payments to the City. The monthly charges per unit
currently and projected are:
1989-90 1990-91
l. Administrative Fee (Retention 591-34-64) $9.92 $12.48
2. Pooling Fee (Specific Loss 591-34-67) $7.96 $ 7.96*
3. Utilization Review/PPO (591-34-68) $2.45 $ 2.45
*(Pooling fee remains constant by increasing the self-insured retention from
$60,000 to $75,000.) Additionally, there is an annual aggregate premium of
$13,700 (591-34-66).
THF EI=I=() :IT A, WðV<: M ^TTcnC-
~~
/
~<I
Malcolm T. Bird
February 20, 1990
Page 2
The projected rates were negotiated down from the original quote received
initially this renewal period. Dave Huddleston and I together met with
Steven Belcher, the Regional Group Manager for American General. We told him
the initial renewal quote was not acceptable and directed him to renegotiate
with underwriting to improve the service renewal prices. (See Exhibit I for
the initial quote.) The prices were then revisited and improved at a later
meeting (See Exhibit II.) Still not satisfied, we pressed for further
improvement (See Exhibit III) and are now satisfied that the price increase
is minimal. (The Administrative fee now includes a new state premium tax of
$2.06 which was not included last year; therefore, the increase in the amount
of the Administrative rate is $0.50, an increase of only 5%. Exhibit IV is a
monthly rate worksheet.
Claims
Claims in the most recent past year have increased significantly over the
prior year in both number and severity, registering a 42.4% increase in cost.
With projections of an even higher cost for the coming year, it becomes
prudent to institute several cost-cutting changes.
l. Co-insurance. A change from ~he present 90%/70% P.P.O./Non-P.P.O. to
80%/70% would be a claims saving of approximately 4.6%.
2. Out-patient surgery and pre-admission testing is currently paid at 100%.
Applying a $200 deductible and applicable co-insurance would represent a
claims saving of 2.4%.
:
3. Hospital confinement. The application of a $200 deductible for
non-P.P.O. confinements would result in a claims saving of 1.9%.
4. Maximum out-of-pocket expense. Currently at a level of $1,000 P.P.O.
(plus $200 deductible), and $2,000 level non-P.P.O. (plus the $200
deductible). A suggestion was made to increase those maximums to $2,000
and $3,000 respectively. -
The theory in each of these proposed changes is that it is desirable to keep
the health care user involved in the payment of claims, thus adding a degree
of control. ~
The health claims for the calendar year 1989 totalled $1,397,791 and the
projection for the next 12 month period is $1,822,733.
Rates
The monthly rates necessary to sustain the claims of the projected future
policy period should be:
Employee Dependents
$181.20 $171.40
Current rates are $74.60 for each employee and $130.00 for a dependent unit.
Malcolm T. Bird
February 20, 1990
Page 3
With your permission, an agenda request will be prepared and forwarded for
Commission approval for renewal of the contract, along with that of the
L.T.D. contract which remains unchanged in rate for the fifth consecutive
FIt·
LRG/sm
Attachments
cc: David M. Huddleston, Director of Finance
-
~
I
I Malcolm T. Bird
February 20. 1990
/ Page 4
I
Addendum: Progress of the Renewal Price Negotiations
December 22. 1989 Initial Quote
Administrative Fee . · · · · · · · $17.59
Pooling Fee @ $60.000 · · · · · · 11.66
Utilization Review/PPO . · · · · · 2.45
January 16, 1990 First Revision
Administrative Fee . · · · · · · · $13.01
Pooling Fee @ $60.000 · · · · · · 9.84
Utilization Review!PPO . · · · · · 2.45
January 23. 1990 Second Revision
Administrative Fee . · · · · · · · $12.48
Pooling Fee @ $75,000* . · · · · · 7.96
Utilization Review!PPO . · · · · · 2.45
* Changing self-insured retention from $60.000 to $75.000 is a practical
cost-saving measure which allows the rate to remain the same as that of
last year.
-
.
,---.--------- . '.' ..' ;"1" :.,\"',-' ...' """"".,~. "'~''''--'''''''·''''''''.~.I_...t...~",-".'·.· ....'.-.',. " - .., . .... . ,.',.., ........- -' ......,....-....~,.... ..'. -',
j , . ~
AGENDA R.EPOR.T
Meetinq of 2/27/90
price of Black Oliv.e Trees (-$2,100) . Funding is available in 1987
Utility Tax Beautification Surplus Fund (Account No.
119-0000-301-19.00). I
Recommend approval of Change Order No. 1 in the amount of $11,219.50
with fundin from the 1987 Utilit Tax Beautification Sur lus Fund
Account No. 119-000-301-19.00).
Item No. 15 Change Order No. 2- West Atlantic Avenue/I-95
Interchange. This Change Order increases the contract amount by
$1fi,925 and includes the cost for the replacement and change out of
freeze damaged plant materials. Replacement materials include: 18
Nerium Oleander Standards ($1,620); 33 Black Olive Trees ($4,290) ;
1,105 Myrsine guianensis ($8,840); five Pink Tabebuia ($675); and
two Jacaranda Trees ($300).
16 925 with
to North End
Item No. 16 Renewal of the City's Group Health Plan. The City's
Group Health Plan is due for renewal on March 1st. The Plan is
primarily one of self-insurance in which the City pays for its own
claims up to $60,000 per individual. In order to increase the cost
efficiency of the pro~ram it is recommended that we increase the self
insured maximum from 60,000 to $75,000. Under this plan we pay for
three cateqories of charges:
A. Administrative Fee- claims handling, recording, commission,
etc. which will be increased from $9.92 to $12.48"
B. Pooling Fee- the insured specific loss portion over the self
insured maximum per claim which will be increased remain constant
at $7.96 because of the increase in the self insurance retention.
C. Utilization Review/PPO Fee- a cost control service through
review, certification, claims management and provider fee
negotiation which will also remain the same at $2.45.
The costs reflected above are per unit which is the equivalent of
every employee, retiree, and former employees covered under C.O.B.R.A.
The claims portion of the insurance will also undergo some changes.
Those changes include:
A. Co-insurance- claims are currently paid at 90% for P.P.O.
providers, this will be reduced to 80%. This will result in a
projected savings of 4.6\.
B. Out-patient surgery and pre-admission testing- claims are
., currently paid at 100\. An additional $200 deductible and
appropriate co-insurance 80% P.P.O/70% non P.P.O. would be
applied. This will result in a projected savings of 2.4%.
.
C. Hospital confinement- An additional $200 deductible for non-
P.P.O. confinements would be instituted. This will result in a
projected savings of 1.9\.
D. Maximum out-of-pocket expense- these costs will be increased
from $1,000 (plus deductible) to $2,000 (plus deductible) for
P.P.O providers, and from $2,000 (plus $200 deductible) to $3,000
(plus deductible) for non P.P.O. Providers.
Additionally, in order to sustain the claims projected for the future
policy period a rate increase is necessary. The rates will increase
- 4 -
.
".M'........~.' .-----,-...'
:t':~ .
"
it AGENDA REPORT
f Meeting of 2/27/90
~.~
from $74.60 per each employee to $181.20 and from $130 for a dependent
'.
unit to $171. 40. .
Recommend approval of renewal 0: City's Group Health Plan.
t" ''''''''''~'!ê':-N~':''-r-t'''f;t't~ns1on of Contract. David and Shelia Turner are
requesting an extension until March 30, 1990 for closing on the Adult
Bookstore property. The Turner's are experiencing some difficulty
obtaining financing, however, are continuing to actively pursue
funding for the purchase of this property.
Recommend approval of extension until March 30, 1990 for closing on
the Adult Bookstore property for David and Shelia Turner.
Item No. 18 Selection of Bond Counsel for Public Utilities Revenue
Bond Issue. At your January 30th meeting, the Commission, by
consensus, directed staff to contact those firms who expressed an
interest in serving as bond counsel. The City Attorney's office
issued letters on February 2nd to various firms throughout the South
Florida area. We received proposals from:
Feaman, Adams, Harris, Fernandez and Deutch
Greenburg, Traurig, Hoffman, Lipoff, Rosen and Quentel
Holland and Knight/Gunster, Yoakley and Stewart
Moyle, Flanigan, Katz, Fitzgerald and Sheehan
Mudge, Rose, Guthrie, Alexander and Ferdon
Hodgson, Russ, Andrews, Woods and Goodyear
Livermore, Klein and Lott
As the Commission had not previously provided any criteria upon which
to analyze the proposals, the City Attorney's office is unable to
provide a recommendation. However, Moyle, Flanigan', Katz, Fitzgerald
and Sheehan is the firm that is currently representing some of the
defendants in the Aero Dri litigation, therefore, caution is
recommended.
Copies of the proposals are available for review in the City Manager's
office.
Recommend consideration of selectinq bond counsel for the Public
Utilities Revenue Bond Issue from proposals received.
Item No. 19 Request for Waiver of Section 173.001 "Definition of
Family" of the Code of Ordinances. Ordinance 91-88 describes the
definition of family as, "one or more persons lineally related by
blood, marriage, or adoption and/or a family which includes one other
person who is related in some other manner by blood or marriage,
... .". That Ordinance also provides the mechanism by which those in
violation of this definition may request a waiver on the basis of
undue hardship from the City Commission.
, The Ordinance does not establish standards or criteria for what
constitutes a hardship and staff has no basis for recommendation on
these requests. The Commission should consider each case individually
ånd make a determination based upon the facts and merits presented
recognizing that the intent of the definition of family ordinance was
to prevent overcrowding of individual residential units.
Case 1: The current occupancy is in violation by one person, who
is reported to be the property owner's sister. She is residing
in the house because both parents are out of the area. She is a
student at Atlantic High School.
Case 2: The current occupancy is in violation by three persons,
two are reported to be the property owner's brothers and the
third is an unrelated adult female. The owner has indicated that
- 5 -
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/'
/
/
I
/ EXHIBIT D
"
.' .'
This report is only to be submitted if the current year
ended in a fund deficit. Plans for eliminating such
deficit are to be submitted to the Department of Insurance.
--.....
1. Past unfunded liability. Total prior unfunded
liabilities accumulated at interest. less payments.
.
-
2. Amount of additional unfunded liability (from
Exhibit B. line 12).'
.
3. Total unfunded liability as of year end. --
-
4. Describe your proposed plan for eliminating the unfunded --.
liability. Consider interest and show the total repayment
schedule.
......-
.
.
(7 )
~
; . .
I
/
f
It
/
;
,t! EXHIBIT E
..
---
.
, .'
'. '. -
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.
Phone i#
Administrator .'
Individual Contact ' , '
...-.-
Address
.
Phone #
Actuarial Firm
Actuary
Address
Phone i#
.
Plan Fiscal Year
.
(8)
,
h
f
t..
f. .
'.....
GROUP HEALTH INSURANCE PLAN
Claims. Revenues. Differences. Loss Ratios
Claims & Expenses vs. Revenues Difference Loss Ratio
(;jZ"6,21-0 ~ ~ 4/D/2)...2- 1';/ ~.,
1989 $1.399,062 $867; 448 - $~14~ .d:(f=t%
1988 $1.076,478 $931.468 - $145,010 116%
-
1987 $ 785,541 $860,004 $ 74,463 91%
¡
"*""f'? ' "".
lItI'tJf»ENT -"...,~c . ~
.....,..,... J:nrLUII:I:
. ~ etAJ" "S PAID ------ .. . ----------------------
1986 '643,. $384,225 $259,083
! 1987 $106,661 1366,800 $339,863
, 1988 ~'!81 ,303 $717,706 '263,597 0.36672292 0.00867387
I
, 1989 U,197,791 n08,428 $489,362 0.33219652 0.23612894
I
CURRENT . RENENAl'
.
-----------------------------
RUN OUT LIABILITY .943.62 PEA EftPlOYEE PER ~NTH
. -
SPECIFIC PooLìNGf.EE ~
'60,000 H.96 n.S4 PER EItPlOYEE PER ItONTH
'75,000 '7.96 PER E"PlOYEE PER lfoNTH 'f
AGGREGATE LOSS FEE $12,400.00 '14,100.00 PER ANNU"
AD"INISTRATIVE COST '8,23 ~ '12.48 PEA E"PLoVEE PE~ lfoNTH Y.
EXPECTED "EDICAL INFLATION RATE $1.18 U .25 PEA ANNU" )-
Fl HEAlTH HETNORK COST '2.45 '2.45 PER E"PlOVEE PER ItONTH
(IF NOT INClUDED ABOVE)
- "AItSI" FOR CAP 1.25 1.25 1
EIPECTED ClAI"S PER E"PlOYEE $2,745.08 PER ANNU"
"AXllfUIf ANNUAL CLAI" LIABILITY 53,431.35 PER ANNU"
PER E"PlOYEE
E"PLOYEE DEPENDENT
RATE ' RATE
PRIOR YEAR lOSSES $908,428.00 5489 ~362.00
HUJlBER OF UlUTS 644 253
LOSS PER UNIT/YEAR '1,410.bO $1,934.24 17'~9
lOSS PER UNIT/KONTH $117.55 $161.19
SPECIFIC POOLING FEE $9.94 n.94 50.00
AGGREGATE lOSS FEE/UNIT/If $1.82 $1.82 '0.00
AD"INISTRATIYE FEE SI2.48 $12.48 '0.00
Fl HEALTH NETWORK FEE $2.45 '2.45 '0.00
BASE KOHTHlY COST '170.73 'lbl.19
PROJECTED INTEREST EARNINGS '23,000.00
"ONTHLY COST AllOWANCE '2.18 H.18
FOR INTEREST EARNINGS
OPTION 1 OPTION 2 OPTION 3
ADJUSTED ~THlY COST/UNIT SIb8.55 $157.41
: WEEn. V COST '36.33
~ BIII£EXlV COST t72.66
..
,;' RATES IfJTH JIIFlATJOII CDMSIDERED
(AS PER IIISUAAHΠCO.-ISX)
ADJUSTED ItONTlU COST IUlflT U98.B9 SI85.74 U3.B1) (t7.4!) ($3.06) $171.3'
IIEBlY COST $42.86
BJIÆEnY COST $85.72
C1U1~ PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS F.S.1987 "
F.S.1987t- .' _ '
~ '. ' .;r~.~
.¡,.~.f~.., :-:..' _ ~ -..' " ....:;.. , ' by eàCh ïUcti Off.œr
iP.>:,~ávings to the state. The provisions of this subsection "member of the Society of Actuaries 01 the AmerIcan
:,l!: shall not be deemed to apply to any legislator or to any:,: Academy of Actuaries. The department shaD not 8P' .- :0 public ¡es~~,
~"employee of either house of the Legislature or of the ' prove the plan unless it determines that the plan Is de- , ',,~ ~ (4Xa) ;6IocaJ'QO'
.~i¡.,' ¡Joint Legislative Management Committee. " signed to provide suffICIent revenues to pay current and ~ ' lion. ~ . grâùp ir
tUaIOIy.-...1.3.ch.22830.1945:u, 1.2. 3. ch. 23892. 11147;'" I. 3. ch. 25040. future liabilities as determined according to generally , sions of this section f;
1949;... 1,3, ell. 26810.1951; a. 1. ell. 28303. 1953: I, I. ch. 29628. 1955; a. I. ch. ' . .. AI 1m . 01
57-230: a. I, ell. 61-183; a. 1. ch. 61-43; a. I. ell. Ð-5: a. I, ell, Ð-102; I, 1. ell. accepted actuarial pnnclples. tar plementatlon volunteer 01 auxiliary
Ð-122:a.I.ch.63-400:...2.3.ch.f7-371:...1.2.ell.f7-2206;a.I.eII..'83; an appro ed plan each local governmental unit or coo-
.. I. ch. &8-381;... 12. 23. 31. 35. ell. .'08;.. 65. ch. 71-136; .. I. ell. 72-213; . V . . leer 01 auxiliary ambI
..'.ch. 72-217;.. I. ell. 72-324: I, 26. ell. 72-404:.. I.ch. 73-168;1, I,ch. 7....,5: sortlum shaD aMually submit to the department a report sonneI within its Juris
..'.ch.74-246:L 1.ch.74-365;... ~.2.ell.7$-33;I, ~.ell.7""68;1.2.~7"'_ which includes a statement prepared by an actuary who volunteer personnel s
II. 1.2. ell. 76-250: L 1. ell. 77-174, L I. ch. 77-231. u, 1.2. ell. 77~7. L 2. ch.
78-95; L 51. ch. 79-190; I, I. ell. 79-205:.. I. ch. 7t-303; a. I. ell, Jt..412: u, I. is a member of the Society of Actuaries 01 the American workers' compensatic
2. ch. 81-207; u. 1,2. ch. 83-307; L I. ell. .':'0: I. I. ch. 87-407. Academy of Actuaries as to the actuarial soundness 01 of employee status fe
d.-a. 250.18 Expenaø lor 11.".. on mililary buaineu.
L 288,01 I DeparI1MnI 01 eo.-c.: 11ave! and ~ ...-..' the plan. The report is due 90 days after the close of the gaining.' ~
112.062 Cabinet members: educational and Infor- fiscal year of the plan. The report shall consist of, but Is . (b) Benefits provi\
not limited to: CI8S pursuant to para,
matlonal travel expenses.-When he deems it neces· 1. The adequacy of contribution rates in meeting provideq to employel
sary in order to carry out an official function of his office, the level of benefits provided and the changes, if 8/lY, 112.19 and 112.191.
a member of the Cabinet may incur and be reimbursed needed in the contribution rates to achieve or presÐlVt ,(5) The Departme
for travel expenses pursuant to s.112.061 for the pur- a level of funding deemed adequate to enable payment and sUp&lVise a grol
pose of educating and informing the public as to his off.. of the benefit amounts provided under the plan and . death and disability b
- cial duties. valuation of present assets, based on statement value. Florida Highway Patre
Hlalory.-L I. ell, 80-212, and prospective assets and liabilities of the plan and the - nlng July 1, 1978, and
112.08 Group Insurance for public officers, em- extent of any unfunded accrued liabilities. , propriated for that pur~
ployees, and certain volunteers: physical examina- 2. A plan to amortize any unfunded liabiUties and i tration, In cooperation'
tions.- description of actions taken to reduce unfunded IiabiI: and the Division of P
(1) As used in this section, the term "local govern· ties. ~aI Serv~es, shé
mental unit" means any county, municipality, community 3. A description and explanation of actuarial as- aary to Implement the
college district. school board, or special district or any sumptions. . " 'Administration shall ree
county officer listed in s. 1 (d) of Art. VIU of the State Con· 4. A schedule illustrating the amortization of arrj, ¡, accordance with ge,
stitution. unfunded liabilities.' ,I, , : '(6) The Departmer
(2)(a) Every local governmental unit is authorized to 5. A comparative review Ulustrating the level ~, : 'promulgate rules to ca
provide and payout of its available funds for all or part funds available to the plan from rates, investment inv. ' 'as they pertain to its c
of the premium for life, health, accident, hospitalization, come, and other sources realized over the period ~ " I '(7) All medical ree<
legal expense, or annuity insurance. or aU or any kinds ered by the report with the assumptions used. ,t IJn the custody of a unj
of such insurance, for the officers and employees of the 6. A statement by the actuary that the report II : (~~ relaUng to count~
local governmental unit and for health, accident. hosp¡' complete and accurate and that in his opinion the t~ " '~ty Of: municipal en
talization, and legal expense insurance for the depen· niques and assumptions used are reasonable and meot , . ~ ,such employees en
dents of such officers and employees upon a group in· the requirements and intent of this subsection. , , oup Insurance plan
surance plan and, to that end, to enter into contracts 7. Other factors or statements as required by the ,1æpt confidential and a.
with insurance companies or professional administra· Department of Insurance in order to determine the actu:. '~119.07(1). Such reco!
tors to provide such insurance. Before entering any con· arial soundness of the plan. 'I:~ :person other than the e
, tract for insurance, the local governmental unit shall ad· All assumptions used in the report shall be based on reít' , '. 'live, except upon writte
vertise for competitive bids: and such contract shall be ' :but may be furnished ir
let upon the basis of such bids. However, the local gov· ognized actuarial principles acceptable to the Depart: . . less otherwise prohibit¡
ernmental unit may undertake simultaneous negotia· ment of Insurance. The department shall review the r. .: I' subpoena from a COlJ
tions with those companies which have submitted rea· port and shall notify the administrator of the plan ~ : proper notice to the eml
sonable and timely bids and are found by the local gov· each entity participating In the plan, as identified by the . . by the party seeking Sl
ernmental unit to be fully qualified and capable of meet· administrator, of any actuarial deficiencies. Each Ioctt1 ~, (8) Patient medical
ing ~II servicing requirements. Each local governmental governmental unit is responsible for payment of vtf4 'lords of water manager
unit, may self-insure any plan for health. accident, and claims of its employees that are not paid within 60 da~ ' fmployees, and eligible
hospitalization coverage or enter into a risk manage- after receipt by the plan administrator or consortium..1 ÇOnlrol of the water man
ment consortium to provide such coverage. subject to (c) Every local governmental unit is authorized to~ :~Urance plan establisi
approval bas~d on actuarial soundness by the Depart· pend funds for preemployment physical examinalionf ' \ëonfldentiaJ and exempt
ment of Insur~nce: and each shall contract with an insur· and postemployment physical examinations. , ,. ~ not be furnished te
ance company or professional administrator qualified (3) Each local governmental unit is authorized to ,~ or his legal repn
and approved by the Department of Insurance to admin- commingle in a common fund, plan. or program aD pay; ~~aUon of the em.
ister such a plan. ments for life, health, accident, hospitalization, or anru. ~ CIVil or criminal acti:
(b) In order to obtain approval from the Department ty insurance or aU or any kinds of such insurance whet/)! .by laW, upon the issuan
of Insurance of any self-insured plan for health, acci- er paid by the local governmental unit, officer or ~ competent jurisdictiol
dent, and hospitalization coverage, each local govern· ee, or otherwise. The local governmental unit may deleH ,playee or his legal repre
mental unit or consortium shall submit its plan along with mine the portion of the cost, if any, of such fund, pIan;. records.
a certification as to the actuarial soundness of the plan, or program to be paid by officers or employees of \hi ~L I.ell.20852.IIUI' 1
which certification is prepared by an actuary who is a local governmental unit and fix the amounts to be paXt & '. CfL .. .. 50. ell, 78-40:" ,',
.1.Z.CfL 14-307; I. 4. ell. 86-18C
..,
572
F.S.1987 F.S. 1987 PUBLIC OFFICERS AND EMPLOYEES; GENERAL PROVISIONS Ch.112
the American by each such officer or employee as will best serve the 112.0801 Group Insurance; participation by retired
t shall not 8p- public interest. employees.-Any state agency, county, municipality,
the plan is de- (4)(a) A local governmental unit may, at its discre· special district, community college, or district school
JaY current and tion. provide group insurance consistent with the provi· board which provides life. health, accident, hospitaliza·
ng to generally sions ollhis seclion lor volunleer or auxiliary lire lighters. tion. or annuily insurance. or all 01 any kinds of such in·
Jlementation of volunleer or auxiliary law enlorcement agents. or volun· surance. lor ils of/icers and employees and their depen·
ntal unit or con· teer or auxiliary ambulance or emergency se~ice per· dents upon a group insurance plan or self-insurance
artment a report sonnel within its jurisdiction. No insurance provided to plan shall allow alllormer personnel who have retired pri·
, an actuary who volunteer personnel shall be used in the computation of or to October 1,1987, as well as those who retire on or
or the American workers' compensation benelits or in the determination after such date. and their eligible dependents. the op-
lat soundness of of employee stalus for the purposes of collective bar- lion of conlinuing 10 participale in such group insurance
r the close of the gaining. plan or self-insurance plan. Retirees and their eligible
consist of. but is (b) Benefits provided under group insurance poli- dependents shall be offered the same health and hospi-
cies pursuant to paragraph (a) shall not exceed benefits talization insurance coverage as is offered to active em·
rates in meeting provided to employees under subsection (2) and ss. ployees at a premium cost of no more than the premium
changes. if any, 112.19 and 112.191. cosl applicable 10 aclive employees. For the retired em-
(5) The Department of Administration shall initiate
hìeve or preserve and supervise a group insurance program providing ployees and their eligible dependents. the cost of any
) enable payment such continued participation in any type of plan or any
~r the plan and a death and disability benefits for active members of the of the cost thereof may be paid by the employer or by
statement value, Florida Highway Patrol Auxiliary, with coverage begin- the retired employees. To determine health and hospital-
; ~ the plan and the ning July 1, 1978. and purchased from state funds ap- ization plan costs, the employer shall commingle the
propriated for that purpose. The Department of Adminis· claims experience of the retiree group with the claims
.t,es. tration, in cooperation with the Department of Insurance
~j 1iabilities and a experience of the active employees; and. for other types
,2 unfunded liabili· and the Division of Purchasing of the Department of of coverage, the employer may commingle the claims
General Services. shall prepare specifications neces- experience of the retiree group with the claims experi·
of actuarial as, sary to implement the program. and the Department of ence of active employees. Retirees covered under Medi-
Administration shall receive bids and award the contract
in accordance with general law. care may be experience-rated separately from the retir-
,-ortization of any (6) The Department of Insurance is authorized to ees not covered by Medicare and from active employ-
. a ting the level .of promulgate rules to carry out the provisions of this act ees, provided that the total premium does not exceed
as they pertain to its duties. that of the active group and coverage is basically the
,'es. investment In- (7) All medical records and medical claims records same as for the active group.
vel' the period coy· HI.,Oty.-., 2, ell, 76-151;., I. ell, 79-88; ., I. ell, 80-304; ., 5. ell, 81-103; .,
in the custody of a unit of county or municipal govern- I. ell, 83-294; s, I. Ch, 87-373,
tionS used. ment relating to county or municipal employees, former
I that the report is county or municipal employees, or eligible dependents '112.0804 Health Insurance for retirees under the
-\is opinion the teeh- 01 such employees enrolled in a county or municipal Florida Retirement System; Medicare supplement and
2asonable and meet group insurance plan or self-insurance plan shall be fully Insured coverage.-
subsection. kept confidential and are exempt from the provisions 01 (1) The Department 01 Administration shall solicit
; as required by the s. 119.07(1). Such records shall not be furnished to any competitive bids Irom state-licensed insurance compa-
) determine the actu- person other than the employee or his legal representa- nies to provide and administer a fully insured Medicare
live. except upon written authorization 01 the employee. supplement policy for all eligible retirees of a state or 10-
;hall be based on ree- but may be furnished in any civil or criminal action, un· cal public employer. Such Medicare supplement policy
)table to the Depart· less otherwise prohibited by law, upon the issuance of shall meet the provisions of ss. 627,671-627.675. For the
1t shall review the re-, a subpoena from a court of competent jurisdiction and purpose of this subsection, "eligible retiree· means any
rator of the plan and proper notice to the employee or his legal representative public employee who retired from a state or local public
n. as identified by the by the party seeking such records. employer who is covered by Medicare, Parts A and B.
.fiCiencies. Each local (8) Patient medical records and medical claims rec- The Department of Administration shall authorize one
, for payment of valid ords 01 water management district employees, former company to offer the Medicare supplement coverage to
ot paid within ~ days employees, and eligible dependents in the custody or all eligible retirees. All premiums shall be paid by the re-
trator or consortium. . control 01 the waler management dislrict under its group tiree.
Jnit is authorized to ex· i1surance plan established pursuant to s. 373.605 are (2) The Department of Administration shall solicit
physical examinations confidential and exempt from s. 119.07(1). Such records competitive bids from state-licensed insurance compa-
<ami nations. . shall not be furnished to any person other than the em- nies to provide and administer fully insured health insur·
, unit is authorized to pIoyee or his legal represenlative, except upon wrillen ance coverage for all public employees who retired from
lan, or program all pay- authorization of the employee, but may be furnished in a state or local public employer who are not covered by
any civil or criminal action. unless otherwise prohibited
ospitalization, or annul- by law, upon the issuance of a subpoena from a court Medicare, Parts A and B. The Department of Administra-
such insurance wheth- lion may authorize one company to olter such coverage
II unit, officer or employ· 01 competent jurisdiction and proper notice to the em· if the proposed benelits and premiums are reasonable.
nmental unit may deter· pIoyee or his legal representative by the party seeking If such coverage is authorized, all premiums shall be
any, of such fund, plan, , such records.
1IsIory.-I, I,eII, 20852.1941;', l,eII, 69-300;., I. ell, 72-338;1, I. ell, 76-208; paid for by the retiree,
~rs or employees of t~e I I, ell, 77-89;. ro. ell 79-40;.. I, ell. 79-337; s. 67. ell 79-400; . 3, Ch, 83-292; HI.'Oty.-. I. ell 85-305
the amounts to be paid IL 1.2, ch, &4-307; I 4, ell, 86-180, 'Nol..- This ...,1001I ," also ",,""'he<! as s. 110,1234
573
tt t. lor!:' I V t:. u
~r//~~¿. Y~'Ý JUij 1 3 1988
TATE TREASURER Ans'd...... ......
>lSURANCE COMMISSIONER
IRE MARSHAL
r~and~
THE CAPITOL
TALLAHASSEE 32301
OctobeI' 4, 1984
DIVISION OF INSURANCE RATING
_.
INFORMATIONAL BULLETIN 84-261
- TO: ALL SELF FUNDED HEALTH BENEFIT PLANS FOR
PUBLIC OFFICERS AND EMPLOYEES
FROM: ~LL GUNTER, INSURANCE COMMISSIONER AND TREASURER
SUBJECT: FILING REQUIREMENTS UNDER SECTION 112.08, FLORIDA STATUTES,
AS REVISED BY HOUSE BILL 1145
-
--..
In ordeI' to be authorized to opeI'ate or continue to operate, each self-funded
health benefit plan must be approved by the Department as actuaI'ially sound.
As amended by House Bill 1145, Section 112.08 now provides that prioI' to approval
of a plan, the local government unit must submit its plan, along with a certi-
fication prepared by an àctuary who is a mernbeI' or the Society or ActuaI'ies OI'
the AmeI'ican Academy of Actuaries as to the actuaI'ial soundness of the plan, to
the DepaI'tment.
In order for the Department to continue to grant such approval, Florida Statute
112.08 now I'equires that a I'eport must be submitted annually to the DepaI'tment
within 90 days of the end of the plans' fiscal year. .
Additionally, House Bill 1145 requires that the annual report be prepared by
a member of the Society of Actuaries OI' a member of the AmeI'ican Academy of
Actuaries.
The annual reporting requirement will be effective for all plans having fiscal
year:s ending on or after June 30" 1984.
..-
Attached to this bulletin are forms which should be used to provide the informa-
tion necessary foI' the Department to evaluate actuarial soundness. A memorandum
explains the use of these forms. In addition, a copy of House Bill 1145 is
attached.
BG:Rp
Attachments
An AffirmativE' Action 'Equal Opportunitv Emploller
.J'i¡f' ~~¿.~ y~ r" ~~
STATE TREASURER .
INSURANCE COMMISSIONER
FIRE MARSHAL
~ncn/~~ceand ~
. THE CAPITOL
TALLAHASSEE 32301
--..,,"
Memorandum to: Company Addressed
Subject: Section 112.08, Florida Statutes, as revised by
. House Bill 1145. Data required for determining
actuarial soundness of self-funded plans for
-health, accident and hospitalization coverages
for local government units of public officers
and employees. ,-
, - .
Section 112.08, Florida Statutes, relating to self-insurance -
programs, was amended by the 1984 Legislature. Under this
section, such programs are required to submit certain reports
to the Department of Insurance for the purpose of establishing
actuarial soundness.
The following information needs to be furnished to this office
in connection with the above programs of self-insurance. It
is required that the information be provided on the forms
attached. .
-
Prior to implementing such a plan, Exhibits "A" and "C" should
be submitted to the Department for review. .
Each year, within 90 days of the end of the fiscal year, Exhibits
"B" and "C" should be submitted to the Department for review.
Exhibit "D" should also be submitted if necessary.
Additionally, submit Exhibit "E" inunediately, and whenever items
on it change.
. -
(2)
An AHirmative ActionlEqual Opportunity Employer
-- ".-..--.-- - - -.-----.--
EXHIBIT A
To be submitted prior to the implementation of a new plan.
1. Number of employees to be covered, during the
first year.
a. Without ~ependent coverage '.
b. With dep~ndent coverage
2. Premium rate for each employee.
a. Without dependent coverage
b. With dependent coverage --~
.
3. Amount of premium to be paid into the fund.
,
a. By the local government unit
- b. By the employee
4. Other income expected to come into the fund.
State source and amount.
a.
-
b. -.-
c.
.... . .. - ' , " ..... - - .
5. Expected expenses for the first year of the fund.
a. Salaries
b. Consulting Fees
c. Office Expense
d. Taxes
e. Other (if other is greater than 10% of the total
of a, b, c and d, explain the costs in detail).
6. a. Expected incurred claims. This represents the total
of~laims expected to arise from the first policy _. . ..- , .
year, regardless of- when they-are paid. It'°is'ex-
pected that at the end of the 'fi~¢al year, there will
be outstanding claims for which some payments have .
already been made but more payments are expected to
be made; outstanding claims for which no payments have
yet been made; and cláims which have been incurred but
not as yet reported. The estimate of incurred claims
should include all of these plus the expected claim
payments.
b. Stop loss insurance premiums.
(3 )
--
.,'
EXHIBIT B - PART 1
To be submitted within 90 days of the end of each fiscal year.
-
i
Benefit Benefit Benefit
(a) (b) (c)
1. Type of Benefit
2. Number of covered employees
a. Single employees
b. Employees with dependents "-'"
.
3. Number of claims filed
. 4. Claims Incurred "
5. Claim Frequency (3 't 2)
6. Average Claim (4 + 3)
7. Annual Claim Cost (4 + 2) -
--.
PART 2
1. Premium Income
2. Other Income (if amount is greater
than 10% of (1.) explain in detail)
3. Investment Income (if amount is
greater than 10% of (1.) explain in
detail).
4. Total Income (1 + 2 + 3)
5. Claims Paid
6. Claim Reserves - End of Current Year
(attach an explanation of how reserves
were calculated)
7. Claim Reserves - End of Prior Year
(must match with prior report or an
explanation must accompany this report)
8. Total Incurred Claims (5 + 6 - 7)
9. Stop Loss Insurance Premiums
.
(4 )
, '
l 10. Payments to amortize unfunded liabilities .
i 11. Expenses
a. Salaries
b. Consulting F~es
c. Office Expenses
d. Taxes
e. Other (if other is greater than 10%
of the total of a - e, explain the
costs in detail) -- .
f. Total expenses (a + b + C + d + e)~
12. Total Disbursements (8 + 9 + 10 + 11f)
-
13. Gain or Loss ( 4 - 11)
.
If 13 is negative complete Exhibit D.
If 13 is positive explain what will be done with the
funds. -
---
.
.
if This represents the total number of claims filed and not the
number 6f individuals filing claims.
(5 )
,,/
/
EXHIBIT C
/
..1'
To be submitted with each report. This is a projection of the next
three years of the plans operation.
;
Year 1 Year 2 Year 3
, --. ...
- 1. Number o~ employees
2. Premium Income .
3. Other Income .
(includes investment income)
4. Total Income (2 + 3) ,.
Total Incurred Claims if --.
5.
6. Total .Expenses
7. Total Disbursements (5 + 6)
8. Total Gain or Loss (4 - 7)
If line 8 is negative, provide an explanation as to why premium rates can not be
increased.
.
it Includes premiums for stop loss insurance.
(6 )
.
..
MUDGE ROSE GUTHRIE ALEXANDER
& FERDON
MEMORANDUM
DATE 6/14/90
TO: Alison MacGregor Harty
City Clerk, City of Delray Beach
FROM: Stephen D. Sanford
SUBJECT: Ordinance
If you would be so kind as to
distribute the enclosed to
their respective addressees,
we would appreciate it.
Thank you.
.
MUDGE ROSE GUTHRIE ALEXANDER 0. FERDON
180 MAIDEN LANE SUITE 900, NORTHBRIDGE CENTRE 2121 K STREET, N.W.
NEW YORK, NEWYORK 10038 WASHINGTON, D.C. 20037
212-510-7000 515 NORTH FLAGLER DRIVE 202-429-9355
-
425 PARK AVENUE WEST PALM BEACH, FLORI DA 3340 I SUITE 2020
NEW YORK, NEW YORK 10022 333 SOUTH GRAND AVENUE
2! 2-446-9200 - LOS ANGELES. CALI F. 9007 I
407-650-8100 213-613-IJI2
-
- 12, RUE DE LA PAIX
FACSIMILE: 407-833-1722 75002. PARIS. FRANCE
(I) 42. 61.57.71
TELEX: WU 514847
June 14, 1990
The Honorable Thomas Lynch, Mayor
and City Commissioners
City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Stormwater Utility Ordinance
Dear Mayor Lynch and Commissioners:
Enclosed please find a draft copy of the Stormwater
Utility Ordinance which was created by this firm with assistance
from the City's eng1neers, Gee & Jenson, and City staff. It 1S
my understanding that the enclosed ordinance will be considered
for first reading on June 26, 1990. For your convenience, I have
outlined below some of the salient features of the enclosed
ordinance:
l. Recognizes the need for a comprehensive unified
stormwater management system (the "System").
2. Creates and establishes such a System which
embraces the existing stormwater facilities of the City as well
as future additions, extensions and improvements thereto.
3 . Provides for three classifications of properties
within the City, namely Developed Property, with Residential
Property and Non-Residential Property being subclassifications,
Unimproved Land and Non-Assessed Property. The owners of
property within the first two classifications will be required to
pay an annual stormwater assessment based . , area tor
on 1mperv1ous
each property uS1ng the Equivalent Resident Unit base, as
previously described by Gee & Jenson. No stormwater assessment
will be imposed on properties within the third classification,
which properties will include public rights-ot-way and certain
bodies of water which do not impact the System.
The Honorable Thomas Lynch, Mayor
and City Commissioners -2- June 14, 1990
4. Provides procedures for owner-initiated and
City-initiated adjustments to the stormwater assessments as well
as an appeal process.
5 . Imposes a special assessment lien on all non-exempt
properties within the City until the stormwater assessment is
paid.
6. Provides that the City will bill the special
assessments directly for the remainder of this fiscal year and
the 1990/1991 fiscal year.
7. Provides that, for fiscal year 1991/1992 and
thereafter, the special assessments will be collected by the Palm
Beach County Tax Collector along with the bill for ad valorem
taxes (the "Uniform Method of Collection").
8. Sets out what is statutorily required of the City
in order to adopt the Uniform Method of Collection.
9 . Creates and establishes a Stormwater Management
Enterprise Fund and various potential funding sources in addition
to the stormwater assessments. Moneys ln such Fund will pay the
capital costs, debt service, if any, and the operation and
maintenance costs of the System.
10. Provides for the issuance of bonds and notes to
fund additions, extensions and improvements to the System and the
security for the repayment thereof. Provides for reimbursement
to the City's general fund from the Stormwater Management
Enterprise Fund if general fund moneys are used for the System.
ll. Provides that the Director of Public Works will be
the director of the System and would be responsible for the
administration thereof.
If you should have any questions regarding the enclosed
ordinance, please do not hesitate to call.
Very truly yours,
Stephen D. Sanford
SDS/emi
cc. David T. Harden
Robert A. Barcinski
David M. Huddleston
Susan Ruby, Esq.
Alison MacGregor Harty
Gates Castle
Robert Taylor
Marco H. Rocca
~RDINANCE NO. __-90 #16
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEIRAY #20
BEACH, FLORIDA, ~NDING TITLE 5 "PUBLIC WORKS" OF THE I ! #21
CODE OF ORDINANCES OF THE CITY OF DEIRAY BEACH. FIDRIDA. !!Y ! #21.1
ENACTING A NEW CHAPTER 56 ENTITLED "STORMWATER," ~ING #23
CERTAIN FINDINGS AND DETERMINATIONS: ~VIDING FOR THE CRE- # 24
ATION AND ESTABLISHMENT OF A CITY-WIDE ~TORMWATER #25
MANAGEMENT SYSTEM: AUTHORIZING THE COMBINING OF ALL STORM- # 26
WATER FACILITIES PRESENTLY OWNED !!Y THE CITY OF DELRAY #27
BEACH INTO SUCH UNIFIED STORMWATER MANAGEMENT SYSTEM: £RO- #28
VIDING A FUNDING MECHANISM FOR FINANCING AND REFINANCING #(28)
ADDITIONS, EXTENSIONS AND IMPROVEMENTS 'r,O THE STORMWATER # 29
MANAGEMENT SYSTEM AS WELL AS THE COSTS OF OPERATION AND #30
MAINTENANCE THEREOF: IMPOSING A STORMWATER MANAGEMENT #31
ASSESSMENT ON ALL PROPERTIES ~ITHIN THE CITY OF DELRAY #32
BEACH IN RELATION TO THE BENEFIT DERIVED FROM THE OPERA- #33
TION, MAINTENANCE, IMPROVEMENT AND EXPANSION OF SUCH #(33)
SYSTEM; ~ROVIDING FOR THE ESTABLISHMENT OF SUCH STORMWATER # 34
MANAGEMENT ASSESSMENTS BY RESOIln'ION; ~DING FOR PENAL- # 35
TIES AND LIENS: ~STABLISHING AN INTERIM AND PERMANENT #36
METHOD FOR THE COLLECTION OF THE STORMWATER MANAGEMENT #37
ASSESSMENTS: ~ROVIDING A PROCEDURE FOR ADJUSTMENT OF THE #38
STORMWATER MANAGEMENT ASSESSMENTS; AUTHORIZING THE DIRECI'OR #39
OF PUBLIC WORKS OR HIS DESIGNEE TO ADMINISTER THE #(39)
STORMWATER MANAGEMENT SYSTEM: AUTHORIZING THE ISSUANCE OF #40
REVENUE BONDS TO FINANCE AND REFINANCE THE ACQUISITION ~F #41
ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE STORMWATER # (41)
MANAGEMENT SYSTEM; £ROVIDING FOR THE TERMS OF PAYMENT OF #42
SUCH BONDS: ~REATING AND ESTABLISHING A STORMWATER #43
MANAGEMENT ENTERPRISE F1JND: ~E'rI'ING FORTH CERTAIN DEFINI - # 44
TIONS: ~ROVIDING A REPEALER AND SEVERABILITY CLAUSE: AND #45
PROVIDING FOR AN EFFECTIVE DATE. # (45)
WHEREAS, the city of Delray Beach, Florida (the "city"), #47
currently owns and operates ª stormwater system for the collection, #48
control and disposal of storm ªnd other surface waters (the "Existing #49
System"); and #(49)
WHEREAS, the City presently does not have in effect any #51
comprehensive stormwater management program to administer the #52
Existing System; and #(52)
~EREAS, Policies E-1.1 through E-l.6 of the Public #54
Facilities Element of the çity's Comprehensive Growth Management Plan ~55
addresses the need for the gevelopment of a stormwater drainage ~56
master plan; and =(56)
~4348.27.2788.01:3 =10
~EREAS, the City has retained the services of the #58
engineering firm of ~ee & Jenson (the "Consulting Engineer") to study #59
the condition of the city's Existing System, the future improvements #60
necessary to promote the health, safety and welfare of the citizens #61
of the City ªnd the funding methods available to make such improve- #62
ments, ªnd to make recommendations to the City commission of the Çity #63,64
of Delray Beach (the "Commission") regarding the same; and :Ii(64)
~EREAS, under the Federal Water Pollution Control Act, #66
the Federal Government has established, ªs a national priority, the #67
restoration and maintenance of the integrity of the nation's waters, #68
and in connection therewith, has mandated permitting requirements for #69
stormwater discharge; and #(69)
~EREAS, in furtherance of such Federal goals, it is the #71
intent of the Florida Legislature ~hat units of local governments be #72
responsible for the development of mutually compatible stormwater #73
management programs; and #(73)
~EREAS, the findings of the Consulting Engineer's study #75
revealed that the City's existing stormwater management program is #76
loosely defined, ~eactionary to immediate problems, existing storm- #77
water funding methods fall short of satisfying future needs, and the #78
current level of service Qffers no comprehensive solution to water #79
quality and flood control; and #(79)
~EREAS, based on Federal and State mandates regarding H81
stormwater management, the implementation of the Public Facilities !:82
Element of the Qity's comprehensive Growth Management Plan, as it !:83
relates to stormwater management, and the findings of the city's #84
Consulting Engineer, the Commission finds it to be in the best inter- #85
ests of the City to create and establish a unified city-wide storm- #86
water management system {the "System"); and #87
~EREAS, the owners, tenants and occupants of property #89
~ithin the geographical boundaries of the City will derive a special #90
benefit from the effective management of stormwater and other surface #91
water and from ~he operation, maintenance and expansion of the #92
System; and #(92)
~EREAS, the Commission hereby finds it necessary and #94
desirable and in the best interests of the City to establish a rea- #95
sonable and rational ~tormwater management assessment Qf property #96,97
located within the geographical boundaries of the City in proportion #98
to the benefits derived from the System and the impact such property #(98)
has Qn the System. #99
ROW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF #101
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLIDWS: " 102
=2- #14
94348.27.2788.0l:3 #(14)
SECTION 1. Stormwater Chapter. Th a t Tit 1 e 5, " Pub Ii c ! # 104
Works" of the Code of Ordinances of the ci ty of Delray Beach, !jlLO_~
Flº~tºaLI be, ªnd the same is hereby amended by enactinq a new !#105
Chapter 56L ~Stormwater," to read as follows; !#106
~ENERAL PROVISIONS ~109
~ECTION 56.01. Authority. #111
The statutory authority for the creation and implementa- #(111)
tion Qf this Chapter is the home rule power of Article VIII, §2(b), #112
Elorida Constitution, Chapter 166, Florida statutes, as amended and #113
supplemented, ~ection 403.0893, Florida statutes, as amended and sup- #114
plemented, Qhapter 197, Florida statutes, as amended and supple- #115
mented, the City Charter of the City of Delray Beach, Florida, ªnd #116,1
other applicable provisions of law (herein referred to as the #(117)
"Act"). #(117)
~ECTION 56.02. Scope and Purpose. #119
The scope and purposes of this Chapter are: ~(119)
iALl To provide for effective management and financing of #121
a stormwater management system ~ithin the city (the "System"); #122
~I To provide a mechanism for mitigating the damaging #124
effects of gncontrolled and unplanned stormwater runoff; #125
iÇl To improve the public health, safety and welfare by #127
providing for the safe and efficient capture and conveyance of storm- #128
water runoff ªnd the correction of stormwater problems includinq the !#129,
preservation of water quantity and water quality; !#(129
iQll To authorize the establishment and implementation of #131
a master plan for stormwater drainage including design, coordination, #132
construction, management, operation, maintenance, inspection and #133
enforcement; #(133)
DDJ To establish reasonable stormwater management #135
assessment based on ~ach property's estimated contribution of storm- !#136
water runoff to the System and the benefit derived from the use of !#137
the facilities of the System; and ~(137)
If~1 To encourage and facilitate urban water resources #139
management techniques, including but not limited to the retention/ #140
detention of stormwater runoff, minimization of the need to construct #141
storm sewers, ªnd the enhancement of the environment. #142
-3- ~14
94348.27.2788.01:3 #(l4)
i§l To provide for the issuance of bonds to finance 1#142.
additions, extensions and improvements to the System. 1#142.
Q,ECTION 56.03. Findinqs and Determinations. #144
It is hereby found, determined and declared, as #(144)
follows: #(144)
1.AL1 That all terms not otherwise defined in this section #146
shall have the meaning ªscribed to such terms in 156.04 of this 1#147
Chapter. 1#(147
DD--I That, as a means of complying with Federal and state :li149
mandated goals and priorities ~elating to stormwater management, to if150
facilitate the implementation of ª stormwater drainage master plan, #151
as required by the City's Comprehensive ~rowth Management Plan, and #152
provide for the current and future needs of the City, ~ith respect to #153
collection, control and disposal of storm and other surface water #(153)
~ithin the geographical boundaries of the City, the Commission hereby #154,1
finds it to be in the best interests of the City to combine the #156
City's Existing System and all stormwater drainage facilities ~elat- #157
ing thereto presently owned and managed by the City, including but #(157)
not limited to such storm sewers, drains, culverts, ~etention sys- #158
tems, detention basins, drainage wells, conduits and ~purtenant fea- #159
tures, catch basins, desilting facilities, recharging basins, outfall #160
structures, equipment and all appurtenances, whether man-made or nat- #(160)
ural, necessary, useful or convenient for a unified stormwater man- #161
agement system. #(161)
in That land use and development affecting storm and #163
surface water ~hould be managed, regulated and controlled under the #164
unified management Qf a City-wide system for the purpose of, among # 16 5
other things, ~educing or controlling erosion, sedimentation and par- #166
ticulate, ªnd other pollution of water, danger and damage to life and #167
property, ªnd to protect and encourage the use of natural and effi- #168
cient ~an-made means to these ends. #169
1Ql.1 That the establishment and operation of the System #171
will serve a vital Qublic purpose and promote the common interests, #172
and provide for the health, safety and welfare of the citizens of the #173
city. #(173)
~I That those elements of the System, which provide for #175
the collection, ~torage, treatment and conveyance of stormwater, are #176
of benefit and provide yalue to all properties within the City. 1#177
lEll That the cost of operating and maintaining the ifl79
System and the financing and refinancinq of existing and future !:±180
necessary repairs, replacements, improvements, and extensions therpof !==181
-4- " 1 4
94348.27.2788.01:3 :: ( 14)
should, to the extent practicable, he allocated in relationship to 1#182
each property's estimated contribution of stormwater runoff to the 1#183
System and the benefit derived from the use of the System. #(183)
~I That it is the intent of the Commission that the J~tL82
Stormwater Management Assessment_partially fund the Stormwater !#186
Management System Enterprise Fund lhereby created and established) =187
for the city. ~(187)
iHll That the Benefited Area, with respect to Developed !#189
Property, shall be assessed a charge on the basis of the pro_rated 1#190
amount of the Impervious Area, developed from localized studies 1#(190
~ithin the city performed by the city's Consulting Engineer. #191
ilL I That it is recognized that Unimproved Land also con- 1#193
tributes stormwater runoff to the System and receives a benefit from 1#194
the use of the System, ªnd therefore such lands should also be #195
assessed a per acreage charge hased upon the estimated contribution 1#196
of stormwater runoff to the System and the benefit derived from the 1#196.
use of the System. 1#(196
SECTION 56.04. Definitions. #198
The following words, when used herein, shall have the #(198)
meanings indicated, ~nless the context indicates otherwise: =199
~Act" shall have the meaning set forth in 156.01 of this 1#201
Chapter. 1#(201
~Benefited Area" shall mean the geographical boundaries of #203
the city including all future annexations and consolidations. #204
~City" shall mean the city of Delray Beach, Florida, a #206
municipal corporation. #(206)
~Commission" shall mean the City commission of the City of #208
Delray Beach, Florida, ªcting as the governing body of the City. #209
~Consulting Engineer" shall mean ª qualified engineer Qr 1#211,
engineering firm licensed in the State of Florida and retained by the 1#(213
city to perform the acts ªnd carry out the duties relating to the 1#214
System, as required by the city. #(214)
~Department" shall mean the Department of Public Works !::21()
of the city having jurisdiction ªnd cognizance over the System I andl !=217
matters relating to the use, management, operation and maintenance of !=218
the System. ~(218)
-5- ~14
94348.27.2788.01:3 #(14)
·
~Developed Property" shall mean any property with more 1!£2QL
than 7% of Impervious Area on such property. !1i(221
~Director" shall mean the Director of Public Works or !#223
his designee. 1#(223
~Equivalent Residential Unit" or "ERU" shall mean the #225
average square footage of Impervious Area for detached single family #226
residential units within the Benefited Area. ð~ ERU is numerically !#227
equal to 2,502 square feet of Impervious Area which represents .057 1#227.
percent of one ( 1 ) acre of land. !#(227
~Existing System" shall mean the City's stormwater system #234
and facilities existing ªt the time of the enactment of this #235
Chapter. #(235)
~Impervious Area" shall mean an area which either prevents 1#237
or retards the entry of water into the soil mantle..!-I Çommon !#238,
Impervious Areas include, but are not limited to, I:ooftops, side- #243
walks, walkways, patio areas, driveways, parking lots, ~torage areas 1#244
and other surfaces which similarly impact the infiltration or runoff !#245
patterns, and would also include runoff from Ronds and lakes_ or L#-2~<l§_
other bodies of water unless such property is classified Non-Assessed l~~
Property I . 1#(246
~Interim Collection Method" shall mean the method to be #248
utilized by the Department to bill and collect the stormwater #249
Management Assessments for the period from the date of enactment of #250
this Chapter to but not including the Year commencinq October I, 1#251
1991. 1#(251
"Non-Assessed Propertv" shall meanl-p_ublic rights-of-wav, !#251.
lakes, rivers, and other bodies of water not utilizinq or havinq a !#25l.
direct or indirect impact on the System, and such other properties 1 #25l.
within the Benefited Area which may be determined Iby the Director 1#251.
to be exempt from the payment of the stormwater Manaqement lLL221
Assessment. 1#(251
~Non-Residential Property" shall mean any Developed #253
Property which does not have as its major use ª place of residence :#254
and is not classified as residential by the Palm Beach County #255
Property Appraiser. #(255)
~Residential Property" shall mean any Developed Property #257
which has the majority use ªs a place of residence and is so classi- #258
fied by the Palm Beach County Property Appraiser. #259
-6- -:: 14
94348.27.2788.01:3 =(14)
~Stormwater Management Assessment" s hall me a n a non - a d # 261
valorem assessment imposed by the City pursuant to this Chapter and #262
Section 403.0893, Florida statutes, ªs amended and supplemented, on !#263
all Developed Property which is not Non-Assessed Property, ªnd on all !#264
Unimproved Land which is not Non-Assessed Property, in the Benefited !#265
Area in relation to each such property's estimated contribution Qf !:::266
stormwater runoff to the System and the benefit derived from the use i267
of the facilities of the System, and the future improvements to be ::(267)
funded from Stormwater Management Assessments. ~uch Stormwater :::268,2
Management Assessment shall include a pro rata cost Qf the operation #270
and maintenance of the System, Qased on the same proportion of bene- #271
fit assessed against each parcel within the Benefited Area, #(271)
~_Surface Water Management Permit" shall mean a South #273
Florida Water Management District permit for surface water management #274
facilities. #(274)
~System" shall mean the City's unified Stormwater #276
Management System, ªs more particularly described in 56.03(2) of !#277
this Chapter, ªnd including management services such as designing, 1#278
permitting, planning, ªnd reviewing stormwater-related infrastruc- #279
ture; QPeration, maintenance, repair and replacement of the infra- #280
structure; ªnd the improvement or enhancement of the infrastructure #281
related to the approved Public Facilities Elements of the #282
Çomprehensive Growth Management Plan for the city. ::283
"Unimproved Land" shall mean tiLany undeveloped land !:::285
regardless of its zoninq classification by the Palm Beach County !#286
Property AppraiserL and (ii) any developed property which has less !#286.
than 7% of Impervious Area. !#(286
~Year" shall mean the city's fiscal year commencinq on !#288
October I and continuinq to and includinq the next succeedinq !#288.
September 30, or such other annual period as may be prescribed by !#288.
law. !#(288
~Uniform Collection Method" shall mean the method to be !#290
utilized by the city for the Year commencinq October I, 1991 , and !#(290
each year thereafter for the billing, collection and enforcement of !#291
the payment of the Stormwater Management Assessments, as authorized #292
pursuant to section 403.0893, [lorida Statutes, as amended and sup- #293
plemented, and Chapter 197, Florida Statutes, as amended and #294
supplemented. Ji (294)
ª-ECTION 56.05. Creation of StormwªtgI Mª~ªg~men~ #296
System. ::: (296)
Pursuant to the Act, the City hereby creates and i (296)
establishes the System, thereby combining the Existing System and :::297
-7- :::14
94348.27.2788.01:3 #(14)
declaring its intention to acquire, own, construct, equip, operate #298
and maintain all stormwater facilities, ªquipment and appurtenances #299
necessary, useful or convenient for a complete stormwater management #300
system. The Department shall have jurisdiction over the System ªnd #301,3
the responsibility for the administration thereof. The city Manª.9.er L#.1Q3_
shall initially appoint the Director and any successors to oversee !#(303
the operation of the System~ lThe Director, in coordination with the !#304
city Manager, City Engineer ªnd Director of Finance, and in consulta- !#305
tion with the Consulting Engineer, shall have the responsibility for #(305)
Qlanning, developing, and implementing stormwater management plans; #306
financing, constructing, maintaining, rehabilitating, inspecting, ªnd #307,3
managing existing and new stormwater facilities; Qollecting fees and !#309
charqes other than the stormwater Management Assessments ; implement- 1#310
ing and enforcing the provisions of this Chapter; ªnd other related #311
duties as may be directed by the Commission. #(311)
STORMWATER MANAGEMENT #314
~ECTION 56.15. Imposition of Stormwater Manaqement 1#315
Assessment. Classification and criteria. 1#(315
iAll A stormwater Management Assessment is hereby imposed #317
on each parcel of land, Qther than Non-Assessed Property, within the 1#318
Benefited Area. !#(318
~I For purposes of imposing the Stormwater Mánagement #320
Assessment, ªll parcels of land, other than Non-Assessed Property, !#321
£hall have one of the following classifications: #322
~. Developed Property #324
ia) Residential Property #326
ib) Non-Residential Property #328
~. Unimproved Land 1#330
iQll The Stormwater Management Assessment shall be fair #332
and reasonable ªnd levied in proportion to the special benefit each #333
parcel receives QY the use of the System, including such additions, #334
extensions and improvements made thereto. It being recognized that 1#335
both Developed Property and Unimproved Land Qontributes stormwater !#336
runoff, and absent the utilization of the System, the use, enjoyment #337
and value of each parcel will be diminished in proportion to the #338
uncontrolled stormwater runoff attributable to each such parcel. It #339
is also recognized that each user of the System derives a special #(339)
benefit from the effective operation and maintenance of the System in #340,3
proportion to each parcel's impact on the System, namely stormwater #(341)
runoff. =(341)
-8- =14
94348.27.2788.01:3 #(14)
~ECTION 56.16. Establishment of Rates for stQ~_t~!: !jL!1?
Manªgement Assessments. !#(342
~I The rate of Stormwater Management Assessments for #344
each parcel within the Benefited Area, other than with respect to !#345
Unimproved Property, ~hall be established each Year by resolution of !#346
the Commission. ~xcept as provided below, such rate resolution shall #347
not be adopted {i) prior to the establishment of a operational budget #348
for the System for such next ~ucceeding Year prepared by the #349
Director, ªnd (ii) prior to the conducting Qf one or more rate hear- #350,3
ings as required under applicable law. ~uch budget shall include, #352
but not be limited to, the estimated cost of Qlanning and construct- #353
ing additions, extensions and improvements to the System tor such #354
next succeeding Year (the "Capital Element"); the debt service #355
requirements for any obligations issued by the City lother than #356
voter-approved general obligation debt) to finance or refinance addi- !#357
tions, extensions and improvements to the System {the "Debt Service !#358
Element"); ªnd the cost of operation and maintenance of the System #359
for such next ~ucceeding Year (the "0 and M Element"). The rate #360,3
hearings and rate resolution shall clearly establish ~hat portion of #362
the Stormwater Management Assessment reflects the capital Element, #(362)
the Debt Service Element, if any, and the 0 and M Element. #363
Quring the period from the effective date of this Chapter, #364
to but not including September 30, 1990, ª Stormwater Management !#365,
Assessment shall be levied against each parcel ~ithin the Benefited !#367
Area, which is not Non-Assessed Property, ªnd shall be determined by !#368
the ratio such period bears to a complete Year multiplied by the pro #369
rata share of the initial stormwater budget to be borne by the owners !#370
of such property at the appropriate rate, in the manner described !#(370
below. ~he initial stormwater budget shall be established after !#371
public hearing ªnd shall include, but not be limited to, the costs of #372
creating the System, including legal fees and expenses and the fees #373
and expenses of the çonsulting Engineer, the reimbursement to the #374
city's general fund for any moneys lother than the proceeds from #375
voter-approved debt) ªppropriated to pay the costs of making addi- #376
tions, extensions and improvements to the Existing System together #377
with costs of financing additions, ~xtensions and improvements to the !#378
System for the Year ending September 30, 1990, ªnd a Debt Service !#379
Element for debt issued prior to the enactment Qf this Chapter for #380
the purpose of financing capital improvements to the Existing #381
System. For the period from the enactment of this Chapter to but not !#382
including October I, 1991, the Department shall bill and collect the !#383
Stormwater Management Assessments utilizing the Interim Collection #(383)
Method in the manner set forth in 156.18 of this Chapter. !#384
1ßl1 The owner of each parcel within the Benefited Area, #386
tor which a Stormwater Management Assessment IS levied, ~hall be #387,3
responsible for the payment thereof. ~(388)
-9- ~14
94348.27.2788.01:3 ~(14)
iQll The rate of stormwater Management Assessments for #390
the various classes Qf property within the Benefited Area shall be as #391
follows: #(391)
1· Developed Property. #392
{a) The annual stormwater Management Assessment #394
for a single family residential unit £hall be the rate #395
for one ( 1) ERU, multiplied by one (1) ERU, multiplied #396
by twelve (12) . #(396)
{b) The annual stormwater Management Assessment #398
for a residential condominium unit £hall be the rate !#399
for one ( I) ERU, multiplied by fifty-three hundredths 1#(399
of one ( 1) percent (0.53%) of one (1) ERU, multiplied !#400
by twelve ( 12) . #(400)
{c) The annual stormwater Management Assessment #402
for a singly-owned multi-family Residential Property #403
shall be the rate for one ( 1) ERU, multiplied by a #(403)
numerical factor to be determined by dividing the #404
total Impervious Area Qf the property (in square feet) !#405
by the impervious square footaqe per one (1) ERU for !#(405
such property, multiplied by twelve (12) . !#406
{d) The annual stormwater Management Assessment #408
for Developed Non-Residential Property £hall be the #409
rate for one (1) ERU, multiplied by a numerical factor #(409)
to be determined by dividing the total Impervious Area #410
of the property {in square feet) by the impervious !#411
square footaqe per one (1) ERU for such property, 1#(411
multiplied by twelve (12) . #412
~. Unimproved Land. !#413
La) The annual stormwater Management Assessment !#415
for a parcel of Unimproved Land £hall be the rate for 1#416
one (1) ERU, multiplied by a numerical factor to be !:±417
determined by multiplying the total acres of such 1#(417
Unimproved Land QY 1.2 ERU's, multiplied by !#418
twelve (12) . #(418)
illll The determination of Impervious Area and total area #420
of a parcel shall be Qased on data from the Palm Beach County Master #421
Appraisal File (herein "MAF") Qr from information provided by the #422
owner of such parcel if the information from the MAF is found to be #423
incorrect by clear and Qonvincing evidence, as determined in the sole #424
discretion of the Director. ~nformation provided by an owner shall :±425
include, ªt his own cost, such information requested by the Director, :::426
::10- =14
94348.27.2788.01:3 =(14)
including survey data certified by a professional land surveyor #427
ªndjor engineering reports prepared by a professional engineer #428
acceptable to the Director. #(428)
~ECTION 56.17 Adiustment of stormwater Manaqement 1#429
Assessments. 1#(429
lAll Owner-Initiated Adjustments: Requests for adjust- #431
ment of the Stormwater Management Assessment ~hall be submitted to #432
the Director, who shall have authority to adjust stormwater #(432)
Management Assessments, to administer the procedures and standards, t/433
and to review criteria for the adjustment of such assessments as :!±434
established herein. Ln the review of adjustment requests, considera- #435
tion shall be given to properties ~ith valid Surface Water Management #436
Permits indicating the provision of functional retention facilities. #437
~ll requests from owners of Residential Property Lother than the #438,4
owner of a single family residential unit or ~esidential condominium #440
unit) shall be reviewed strictly on the basis of the amount of #441
Impervious Area on the property and, when applicable, Qn the basis of #442
the number of individual dwelling units existing on the property. No 1#443
requests for adiustments made by an owner of a single family residen- 1#444
tial unit or residential condominium unit shall be considered. The !#446
following procedures shall apply to all requests for adjustments Qf !#447
the stormwater Management Assessment: #(447)
1· Any owner who believes the stormwater Management #449
Assessment is incorrect may, subject to the limitations set #450
forth in this Section, ~ubmit an adjustment request to the #451
Director. #(451)
£. The adjustment request shall be in writing and #453
shall set forth, in deta i1 , the grounds upon which the cor- #454
rection is sought. #(454)
2. ¡If the Uniform Collection Method is being used 1#456
by the city, the adjustment request must be made within 1#457
sixty (60) days after receipt by the owner of his or her 1#458
tax bill containinq the Stormwater Management Assessment. 1#(458
Lf the Interim Collection Method is being used by the city, #459
the adjustment request must be made during the Year the #460
~tormwater Management Assessment is imposed. ';rhe adjust- #461,4
ment request will be reviewed by the Director within a four #(462)
( 4 ) month geriod from the date of filing of the adjustment #463
request. Qonsideration by the Director of the owner's #464
request for adjustment ~hall not relieve the owner of the :1465
obligation to make timely payment of the stormwater :1466
Management Assessment. In the event an adjustment is :::467
granted by the Director which decreases the stormwater ::4G;:;
Management Assessment, the owner shall be entitled to r¡ "(,1(,~)
-11- -::14
94348.27.2788.01:3 #(14)
refund ~f the excess stormwater Management Assessments #469
paid. lIf the Uniform Collection Method is being used by 1#470
the City, the refund shall be mailed by the Palm Beach 1#471
County Tax Collector {the "Tax Collector") unless the Tax 1#472
Collector and the city aqree otherwise. I 1#(472
4 . The owner requesting the adjustment may be #474
required, at his own cost, to provide supplemental informa- #475
tion to the Director including, gut not limited to, survey #476
data certified by a professional land surveyor ªnd/or engi- #477
neering reports approved by a professional engineer and #(477)
acceptable to the Director. Eailure to provide such infor- #478
mation may result in the denial of the adjustment request. ::(478)
2-. The adjustment to the Stormwater Management #480
Assessment will be made ypon the granting of the adjustment #481
request, in writing, by the Director. The document grant- #482
ing the adjustment request will be provided to the owner #(482)
ªnd, if the Uniform Method of Collection is being used by #483
the City, lthe document will also be sent to the Tax 1#484
Collector . ~ denial of an adjustment request shall be 1#485
made in writing by the Director, ª copy of which shall be #486
provided to the owner. #(486)
mll Appeals. lA11 determinations of the Director pursu- 1#488
ant to this section may be appealed to a board of appeals. These 1#489,
appeals must be filed within 30 days of receipt ~f the written deter- #491
mination of the Director. The board of appeals shall complete a #492
review within sixty (60) days ~f receipt of the request for review #493
and shall be evaluated gased upon the standards and review criteria #494
set forth in this Chapter. lThe decision of the board of appeals 1#495
shall be final. I The board of appeals shall be comprised of the City 1#496
Manager, the City Enqineer, ªnd the Planning and Zoning Director, or 1#497
their designees. #(497)
lÇl City-Initiated Adjustments~ lIf the Uniform Method 1#499
of Collection is being used by the City, ~y errors in the stormwater 1#500
Management Assessment, ~r failure to charge a stormwater Management #501
Assessment, may be corrected gy the Director within sixty (60) days 1#502
after opening of the tax roll for collection. Lf the Interim Method 1#503
of Collection is being used by the City, ªny errors in the stormwater #504
Management Assessment, ~r failure to charge a stormwater Management #505
Assessment, may be corrected Qy the Director during the Year in which #506
the stormwater Management Assessment is imposed. çorrections which #507
result in an increase in the Stormwater Management Assessment ~annot #508
be imposed until the owner has consented in writing to the increase ::(508)
~r has been given at least ten (10) days' notice by certified mail ::509
ªnd an opportunity to be heard . Qnce the adjustment is finalized, !~510,
the Director shall send documentation :reflecting the adjustment to :: r, 1:2
-12- :: 1 4
94348.27.2788.01:3 : (14)
the owner and, lif the Uniform Method of Collection is being used, !#513
the documentation will also be sent to the Tax Collector . !#514
iQll Inspections. The City may require an annual inspec- #524
tion of on-site retention/detention facilities on parcels to which an #525
adjustment to the stormwater Management Assessment has been granted. #526
The owner benefitting from such adjustment shall be required to pay #526.1
to the City an annual inspection fee in an amount getermined by the #526.2
Director. For the purpose of protectinq the health, safety and wel- !#526.
fare of the citizens of the City, the Director may cause an inspec-Lli2_9_.
tion of any property within the Benefited Area. Such inspection l#52§~~
shall be made upon reasonable notice to the owner or occuj?ant of ~he Jjí226_.
property unless an emerqency exists, as determined solely by the )#5~6--,-
Director. !#(526
SECTION 56.17. Delinquent Stormwater Manaqement 1#528
Assessments. !#(528
All stormwater Management Assessments collected pursuant !#(528
to the Interim Method of Collection not paid within thirty (30) days 1#(528
ªfter the bill is duel ghall be considered delinquent . !#529,
All stormwater Management Assessments delinquent hereun- #53l
der shall be subject to 11) an interest charge at the Florida statu- #532
tory rate, ªnd (2) a rebilling charge covering administrative costs. #533
The provisions under Chapter 197, Florida statutes, !#533.
regarding delinquencies, penalties and tax certificates and tax deeds !#533.
shall be applicable with respect to the non-payment of the Stormwater !#533~
Manaqement Assessments lafter the Uniform Method of Collection has !#533.
been adopted by the City. !#(533
SECTION 56.18. Stormwater Manaqement Assessment Lien. #535
All Stormwater Management Assessments, assessed pursuant #(535)
to this Chapter, ªhall be a lien upon the property to which such #536
assessment relates from the first day of the Year for which said !#537
assessment is imposed until such assessment is paid. The owner of !#538
every building, premise, lot or house shall be obligated to pay the #539
Stormwater Management Assessments, which obligation may be enforced #(539)
by the City Qy action at law or suit to enforce the lien in the same #540
manner ªs the foreclosure of mortgages. In the event of such action, #541,5
the city shall be entitled to recover all court costs ªnd reasonable #543
attorney fees for such collection. In the case where a tenant in #544
possession of any premises or buildings shall pay said assessment, it #545
shall relieve the land owner from such obligation and lien; ~ut the ~546,5
City shall not be required to look to any person whatsoever other =548
than the owner for the payment of such assessment. No changes of ~r,4g
ownership or occupation shall affect the application of thj;; CIF1.ptOl, ::r,r;n
-13- ::14
94348.27.2788.01:3 =(14)
and the failure of any owner to learn that he purchased property #(550)
ªgainst which a lien for Stormwater Management Assessment exists, #551
~hall in no way affect his or her responsibility for such payment. #552
In addition to the above, in the event the annual ~tormwater #553,5
Management Assessment is collected pursuant to the Qniform Method of #555
Collection, it shall be subject to all collection Qrovisions of #556
Chapter 197, Florida statutes, as amended and supplemented, including #557
provisions relating to discount for early payment, Qrepayment by #558
installment method, deferred payment, Qenalty for delinquent payment, H559
and issuance and sale of tax certificates ªnd tax deeds for nonpay- ~560
ment, as provided by law. ~uch Stormwater Management Assessment is #561
subject to becoming a lien ªgainst homestead, as provided in #562
Section 4, Article X, Qf the Florida Constitution. #563
It is the intent of the city by the enactment of this !#563.
Section that. until fully paid and discharged or barred by law, the !#563.
stormwater Manaqement Assessments shall be prior to other liens, 1#(563
except that such liens shall be on a parity with the lien of state. 1#563.
County and municipal taxes, and any lien for charges for services !#(563
created pursuant to Section 159.l7, Florida Statutes. !#563.
~ECTION 56.19. Private Facilities. #565
The property owner shall be responsible for stormwater #(565)
drainage facilities located on private property where runoff will #566
principally be collected ~ithin that property. The owner shall clean #567
and maintain the facility or channel, ªs required, to ensure effi- #568
cient and proper operation of the facility, ªnd shall obtain the #569
Director's prior written approval for any proposed changes Qr alter- #570
ations to any private stormwater drainage facilities that, in the #571
City's sole discretion, may substantially or adversely affect ~torm- #572
water drainage in the property owner's area. #(572)
The Director shall provide for inspection of private #573
facilities to ascertain that the stormwater facilities are function- #574
ing as designed and approved. The Director shall provide for reme- #575
dial maintenance of facilities gased upon the severity of stormwater #576
problems and potential hazard to the public health, safety and #577
welfare. #(577)
~ECTION 56.20. Interim Method of Collection. #579
As soon as practicable after the enactment of this #(579)
Chapter, the Qirector shall prepare a budget of operation for the !#580
Year ending September 30, 1990, in conformity with the requirements !H581
of 56.l6. After rates for the Stormwater Management Assessment have !~582
been determined for such period, the Director of Finance shall, based ~583
on information Qrovided by the Director and the Palm Beach County ~584
Property Appraiser, prepare and mail a billing statement to all =(584)
-14- =14
94348.27.2788.01:3 #(14)
owners Qf property within the Benefited Area reflecting the annual #585
Stormwater Management Assessment. Notwithstanding any provision in 1#585.
this Chapter to the contrary, to. .the extent that the Uniform Method .1.#585.
of Collection is not available for the collection of Stormwater 1#585.
Manaqement Assessments with respect to certain tyþes of proþerties !#585.
within the Benefited Area, the city reserves the riqht to continue to !#585.
use the Interim Method of Collection. !#(585
Q,ECTION 56.21~ Uniform Method of Collection. !#586
ihll Prior to January 1, 1991, the Commission shall hold #588
a public hearing to consider adopting a ~esolution of intent to adopt #589
the Uniform Method of Collection pursuant to section 197.3632 of the #590
Florida Statutes, as amended ªnd supplemented. A copy of such reso- #591
lution must be provided to the Palm ªeach County Property Appraiser #592
by no later than January 10, 1991. #(592)
lID-1 Between June 1 and September 15, 1991, the city #594
shall adopt a non-ad valorem ªssessment role at a public hearing #595
after notice of such hearing has been given, ªs required under the #596
Act. The commission shall adopt a rate resolution prior to adopting !#597
the non-ad valorem assessment roll. I !#(597
iÇl The City shall, each year, do what is required under #600
the Act to continue the Qniform Collection Method unless it is deter- #601
mined by the Commission that such other method of collecting the #602
Stormwater Management Assessment is in the best interests of the #603
City. If any obligations secured by the stormwater Management #(603)
Assessments have been issued by the City on or after the adoption of #604
the Qniform Method of Collection, the Commission shall not discon- #605
tinue the Uniform Method of Collection without the unanimous consent #606
of the owners of such Qbligations. #607
illll Upon the enactment of this Chapter, the Commission #609
shall take such action necessary, including the enactment of an #610
Ordinance, to provide for due process ~afeguards for the owners of #611
property hereby assessed under this Chapter. #(611)
Q,ECTION 56.22. Additional Fundinq Sources. #613
Funding for the System may include, but not be limited #(613)
to, the following: #(613)
ihll Stormwater Management Assessments. #615
mll Permit and inspection fees. :i!617
iÇl Direct charges for the cost of designing and ::'619
constructing stormwater facilities, ªdministrative costs and related ::::r;20
-15- ::::14
94348.27.2788.01:3 #(14)
·
expenses where the Department designs, Qonstructs, or contracts for #621
the construction of such facilities. #(621)
iQll Other income obtained from Federal, state, local, #623
and private grants, or loans. #624
~I Impact fees. #626
iEll Development capital contributions. #628
iQLl Investment ~arnings. 1#630
itlll Other legally available moneys. !#632
ª-.ECTION 56.23. stormwater Manaqement Enterprise Fund. #634
All Stormwater Management Assessments collected by the #(634)
city shall be paid into ªn enterprise fund, which is hereby created, #635
to be known as the "stormwater Management Enterprise Fund" or the #636
"Fund." In addition, all other revenues, funding sources and inter- #637
est earnings derived from, or attributable to the System, shall be #(637)
geposited in the Stormwater Management Enterprise Fund. Such Fund #638
shall be ~sed for the purpose of paying the cost of additions, exten- #639
sions and improvements to the System, paying debt service on obliga- #640
tions issued to finance or refinance ~uch additions, extensions and #641
improvements and for paying the cost of operation ªnd maintenance of #642
the System. To the extent that the Stormwater Management Assessments #(642)
Qollected are insufficient to construct the needed stormwater drain- #643
age facilities, the cost of the same may be paid from such City fund #644
as may be determined QY the Commission, but the commission may order #645
the reimbursement of such fund if additional assessments are thereaf- !#646
ter collected. Notwithstanding the foreqoinq, no person shall have !#646.
the right to compel the city to contribute qeneral fund moneys to the !#646.
System. lWhen the fund has surplus dollars Qn hand in excess of cur- 1#646.
rent needs, the surplus dollars m~ be invested in any lawful manner !#(647
and such investment earninqs shall be deposited in the Fund. 1#648
The Stormwater Management Assessments collected shall #649
not be used for general or other governmental or proprietary purposes #650
of the city, except to pay for the ~quitable share of the cost of #651
accounting, management and government thereof. Qther than as #652
described above, the Stormwater Management ~ssessments shall be used #653
solely to pay for the cost of operation, repair, maintenance, #654
improvements, debt service, renewal, replacement, design, ~ight-of- #655
way acquisition, and construction of public stormwater drainage #(655)
facilities and costs incidental thereto. ~656
-16- ~14
94348.27.2788.01:3 #(14)
·
ª-ECTION 56.24. Floodinq; Liabilitv. 1#658
Floods from stormwater runoff may occasionally occur 1#(658
which exceed the level of service Qf storm drainage facilities con- 1#659
structed, oper:lt'ed, or maintained by funds made ªvailable under this #660
Chapter. This Chapter shall not be construed or interpreted to mean #661
that property subject to the Stormwater Management ðßsessments estab- #662
lished herein will always (or at any time) be free from ~tormwater #663
flooding or flood damage, or that stormwater systems Qapable of han- #664
dling all storm events can be cost-effectively constructed, gperated, #665
or maintained; neither shall this Chapter create any liability on the #(665)
Qart of, or cause of action against, the City, or any official or #666
employee ~hereof, for any flood damage that may result from such #667
storms or the runoff ~hereof; neither does this Chapter purport to #668
reduce the need or the necessity for obtaining flood insurance by #669
individual property owners. #(669)
I!OND PROVISIONS #672
ª-ECTION 56.35. Bonds and Other Evidences of #674
Indebtedness. #(674)
The City may, from time to time, issue bonds, notes or #(674)
other evidences of indebtedness (collectively referred to as "Bonds") #675
to finance or refinance ~he costs of additions, extensions and #676
improvements to the System and to pay the costs of issuing such #(676)
Bonds. Such ªonds shall be issued pursuant to resolution adopted by #677
a majority vote of ~he Commission, which resolution or supplements 1#678
thereto shall set forth, among other things, the ~se and disposition 1#679
of the proceeds of the Bonds, the maturity date or gates of the Bonds #680
and the interest rate or rates thereon or rate of accretion, if #(680)
applicable, ~he manner and method of payment, the Kights and remedies #681,6
of the holders thereof, the security for repayment ªnd other cove- #683
nants or conditions as the Commission may deem proper. The provi- #684
sions of the Act and general law shall be the only limitations ªnd #685
restrictions regarding the issuance of Bonds. #(685)
ª-ECTION 56.36. Security for Repavment of Bonds. #687
Unless otherwise provided by resolution, ªonds issued to #688
finance or refinance the cost of additions, extensions ªnd improve- #689
ments to the System shall be payable from and have a lien on the 1#690
moneys on deposit in the Fund. Lf the City shall issue Bonds for the 1#691
purposes set forth in this Chapter ªnd secures the repayment thereof #692
with moneys other than the moneys derived from the collection of the #693
stormwater Management Assessments, ~he City may reimburse the fund, #694
from which such moneys were derived, from moneys on deposit in the :!i695
Stormwater Management Enterprise Fund. ::(695)
=17- " 14
94348.27.2788.01:3 ::(14)
·
~DMINISTRATION #698
~ECTION 56.45. Duties of Director. #700
The administration of the System is hereby placed in and ~(700)
shall be exercised Qy the Director who shall have, for the ascertain- ~701
ment, computation ªnd collection of the Stormwater Management #702
Assessments imposed hereunder ªnd for the proper administration and #703
enforcement hereof, the power to: #(703)
ißll Prepare regulations as needed to implement this #705
Chapter ªnd forward the same to the Commission for consideration and #706
adoption, ªnd adopt such procedures as are required to implement said #707
regulations, Qr carry out other responsibilities for the effective #708
administration of the System; #(708)
~I Administer the acquisition, design, construction, #710
maintenance and ~he operation of the System, including capital #711
improvements designated in the comprehensive drainage plan; #712
iÇll Administer and enforce this Chapter and all regula- #714
tions and procedures ªdopted relating to the design, construction, ~715
maintenance, operation and ªlteration of the System, including, but #716
not limited to, the quantity, quality, and/or velocity of the storm- #717
water conveyed thereby; #(717)
1Ql1 Inspect private systems as necessary to determine #719
the compliance of ~uch systems with this Chapter and any regulations #720
adopted under this Chapter: #(720)
~I Advise the Commission, City Manager and other City #722
departments Qn matters relating to the System: #723
if_LI Prepare and revise a comprehensive stormwater drain- #725
age plan for adoption QY the Commission at least every five years; #726
iQil Review plans, approve or deny, inspect and accept #728
extensions to the System. #(728)
illll Establish and enforce regulations to protect and #730
maintain water quality ~ithin the System in compliance with water #731
quality standards ~stablished by state and/or Federal agencies as now #732
adopted or hereafter amended; #(732)
ill I Analyze the cost of services and benefits provided, #734
and the system and ~tructure of the Stormwater Management #735
Assessments, and other fees, charges, fines and revenues of the #736
System annually to ensure an equitable, adequate ªnd stable rate =737
structure and to achieve a stable financial position for the System. =(737)
-18- =14
94348.27.2788.01:3 #(14)
·
Q,ECTION 2. Severability of Provisions. That, if any sec- #739
tion, clause, sentence or provision of this Ordinance, Qr the appli- #740
cation of such section, clause, sentence or provision to ªny persons, #741
bodies or circumstances, shall be held to be inoperative, invalid or #742
unconstitutional, the invalidity of such section, clause, ~entence or #743
provision shall not be held, deemed or taken to affect the applica- #744
tion of the provisions of this Ordinance to persons, godies or cir- #745
cumstances other than those as to which it, Qr any parts thereof, #746
shall have been held inoperative, invalid or unconstitutional, ª-TId #747
the remaining portions hereof shall not be affected ªnd shall remain #748
in full force and effect. #(748)
SECTION 3. Repealer. That all ordinances and resolutions, #750
or parts thereof, in conflict with this Ordinance are to the extent #751
of such conflict hereby repealed. #(751)
SECTION 4. Effective Date. That this Ordinance shall #753
become effective after its passage on second and final reading. A #754
certified copy of this ordinance, as enacted, ê.hall be filed with the #755
Department of state. #(755)
~ASSED AND ADOPTED in regular session on second and final #756
reading Qn this, the ____ day of July, 1999. 1#757
ÇITY OF DELRAY BEACH, FLORIDA #760
~.Y: #762
Mayor #763
Attest: #764
#766
Çity Clerk #767
first Reading: June 26, 1990 !#769
ª-econd Reading: #771
-19- " ],4
94348.27.2788.01:3 :: (14)
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER ~
FROM: LULA BU~LER - DIRECTOR, COMMUNITY IMPROVEMEN
SUBJECT: COMMISSION WORKSHOP ITEM REGARDING EDUCATION BOARD'S
POSITION '1'0 SPADY IMPROVEMENTS
DATE: JUNE 15, 1990
The Education Board will discuss the possible City acquisition of
the 6 acres of property north of the school and the feasibility
of the current site plan for Spady being revised by the current
contracted architect to accommodate a Lake Ida frontage.
The School Board staff will have factual information available on
Monday morning and the Education Board will provide a consensus
position for the Commission's approval Tuesday night. Staff will,
therefore, provide a written report Tuesday morning on this
matter.
LB:DQ
L3
A:Spady.CM
ùJS}4
CITY COMMISSION WORKSESSION DOCUMENTATION
TO: ~YL LEVERETT, ADMINISTRATIVE ASSISTANT III
OF CE OF T~ITY CLERK
dJ ùQJSvL
FROM: DA D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: CITY COMMISSION WORKSESSSION OF JUNE 19, 1990
DECISION SEQUENCE RE FIRE STATION #1 RELOCATION
ITEM BEFORE THE COMMISSION:
The discussion at this worksession is ,. preparation for
consideration of a recommendation from the Planning and
Zoning Board which is anticipated to be on next week's
Commission agenda. That recommendati:on calls for handling
the Fire Station siting and design determinations through
the structured process used for rezoning evaluation. See
their staff report which is attached.
BACKGROUND:
Our previous experience with siting Fire Station #2, the priority
(importance) given to Fire Station #1, and the myriad of factors
associated with Fire Station #1 call for a structured decision
making process to be created. In the attached P&Z
documentation, the items to be addressed in the zoning evaluation
process are identified.
In addition, some efforts have begun with respect to Fire Station
#1 (funding allocation, consultant selection, tentative site) and
already some conflicts in direction are surfacing e.g. is it
necessary to secure consultants now if construction is years away
versus we need to move quickly before construction costs rise.
Thus, the following time frame has been put together in order to
show how the project can proceed.
A flow diagram which shows the sequencing and relationships among
the following key project elements will be presented at the
worksession:
1. site selection and approval (rezoning to CF)
2. order of magnitude cost and financing options
3. usage considerations
4. site design
5. precise cost estimates and financing
6 . securing of property
7. construction documents
8. bid process and award of bid.
Attachment: re Fire Station *1 ~~
* P&Z Staff Report, June 18, 1990,
REF/DJK#55/CCFS
PLANNING AND ZONING BOARD MEMORANDUM
TO: PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
CJ~ j \4~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: REGULAR MEETING OF JUNE l8, 1990 * AGENDA ITEM V.A.
SITE SELECTION FOR FIRE STATION #1
ITEM BEFORE THE BOARD:
The action before the Board is that of forwarding a
determination to the City Commission regarding the proposed
site for Fire Station #1 and consistency with the
Comprehensive Plan; and, to recommend that the City
Commission initiate rezoning of said site.
BACKGROUND:
Now that we are operating under the new Comprehensive Plan, the
role of the Planning and Zoning Board, acting as the Local
Planning Agency, is greatly enhanced. This is especially true
when consideration is given to the si t,ting of new public
facilities such as a fire station. (Please refer to page 1-3 of
the Plan for statements to this effect.)
P.S. 163.3194(3b) provides that "development by the City shall be
consistent with the Plan .... " Objective A-7 of the Capital
.
Improvements Element (Page III-H-25) provides, among other items,
that "the LPA shall review the project with respect to all
facets of the Comprehensive Plan. Upon such review, the LPA
shall provide findings addressing consistency of the project with
the Plan. "
. . . .
Thus, it is appropriate that the Planning and Zoning Board, as
the LPA, review and comment on the initial site selection for
relocation of Fire Station #l and other aspects of that subject.
COMPREHENSIVE PLAN PROVISIONS:
Policy D-l. 2 of the Public Facilities Element (page 1I1-B-32)
states:
"The Central Fire Station shall be replaced or relocated in
order to provide enhanced training and support services.
The provision of this facility is a top priority and shall
be financed through a general obligation bond."
,
P&Z Staff Report
Site Selection for Fire Station *l
Page 2
The Five Year Schedule of Improvements provides funding for
design and construction of Fire Station #1 and Central Fire
Headquarters in the amount of $2,850,000. A portion of this
amount has been a-Ilocated through the first issue of bonds under
the Decade of Excellence program.
Part 5 of the Land Use Element provides that Community Facilities
(CF) zoning may be consistent with almost every land use
designation shown on the Future Land Use Map. On page III-G-46
there are provisions that a rezoning petition can be considered
on a case-by-case basis in any area identified as a
"redevelopment area" on the Future Land Use Map. The proposed
location for Fire Station #1 is within the Atlantic Avenue
Redevelopment Area.
Thus, it is appropriate to move in a timely manner in the
implementation of Policy D-1.2 of the Public Facilities Element.
INITIAL ASSESSMENT:
The Planning and Zoning Board has reviewed the material and
recommendation prepared by the Community Redevelopment Agency
with respect to site selection. It seems consistent with the
Plan and appropriate to pursue the recommended location.
In addition to site selection aspects of this matter, it is also
necessary to make determinations of consistency with respect to
costs and financing of the overall project; and the function of
both the site and uses on the site. Further, a determination
needs to be made with respect to concurrency. In order to pursue
these further findings it is necessary to:
a) have further information, and
b) to be acting within a formal decision-making framework
i.e. a development application.
To this end, it would be appropriate to seek formal rezoning, to
CF, of the proposed site.
ZONING PROCESS:
During the rezoning process, the following activities will be
conducted:
1. Evaluation of criteria ~ ~ used for fire station
si~ng and application of that criteria to the
preferred site.
2. Identification and evaluation of other potential sites.
1
, ... .......
P&Z Staff Report
site Selection for Fire Station ~1
page 3
3. Assessment of the uses desired at the site including
concepts of separation of administration and/or field
operations and/or training.
4. Creation and review of site design options at the
sketch plan level.
5. Order of magnitude cost out and financing options.
The above information would be gathered through cooperative
efforts of the Planning Department and the Fire Department with
participation from other administrative units as is appropriate.
Initiation of Rezoning: Pursuant to City Code 173.885, the owner
of the property to be rezoned, the Planning and Zoning Board, or
the City Commission may initiate a rezoning application. Given
the significance of this project, it is appropriate that any such
action be initiated by the City Commission.
Length of Rezoning Process: Because of the work required in the
preparation and analysis of such a rezoning, it is anticipated
that a public information meeting should precede any formal
public hearings. A tentative schedule follows:
a) formal initiation of rezoning on June 26, 1990
b) public information meeting in the first week of
September, 1990
c) formal public hearing before the Planning and Zoning
Board on September 17, 1990
d) City Commission first reading on September 25, 1990
e) enactment of rezoning, findings of consistency,
approval of sketch plan and use allocations, and
establishment of cost and financing parameters on
October 9, 1990.
ALTERNATIVE ACTIONS:
1. Continue with direction.
2. Seek a joint worksession with the City Commission prior to
making a formal action.
3. Make initial findings regarding consistency and recommend
that a rezoning be initiated.
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COMMENCE CONSTRUCTION
CITY COMMISSION WORKSESSION DOCUMENTATION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
OFFICE OF THE CITY CLERK
Q~U\J~
FROM: DA ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: CITY COMMISSION WORKSESSION OF JUNE 19, 1990
DISCUSSION RE L.D.R. PROCESSING SCHEDULE
ITEM BEFORE THE COMMISSION:
The subject before the Commission is that of review of the
proposed processing schedule for the LDR (Land Development
Regulations) project.
Concurrence with the schedule, the level of Commission
involvement, and the tentative review, meeting, and hearing
dates is desired.
BACKGROUND:
The Comprehensive Plan calls for a total rewriting of our Land
Development Regulations ( LDRs) . This includes a "rezoning" of
the City. The first step in the process is preparation of the
new code; the second is adoption of a new zoning map. The LDR
involves much more than zoning districts. It also involves
administrative procedures, establishment of functions and powers
of bodies and officials involved in land use matters, development
standards and specifications, and review, approval, and appeal
processes. In short, this is a major project and tends to be
very complex to the 95% of those who will be affected by it.
The LDR project began upon adoption of the Comprehensive Plan in
earnest; however, other events in early 1990 (including
processing of Plan Amendment 90-1) necessitated that work on it
be suspended. We are now refocusing on the project with a
target effective date of September 1, 1990.
Attached is a schedule of key dates and tentative meeting dates
for the P&Z Board and the city Commission. This schedule will be
reviewed by the Board on Monday evening, June 18th.
\J¡~fo
·
City Commission Worksession Documentation
Discussion Re L.D.R. Processing Schedule
Page 2
The schedule is laid out in such a manner that there is minimal
formal involvement by the City Commission until after the project
has cleared the Planning and Zoning Board. This occurs for a few
reasons, including:
* the magnitude of the project (already there are thirty
copies of the evolving text distributed whenever a new
chapter or change is made)
* the complexity of the project lends it to being bogged
down in details -- if everyone gets into the details,
no one will be left with the larger, policy oriented
perspective
* having the Planning and Zoning Board be the body which
first handles public inquiries and having them attempt
amicable resolution --- unresolved (but focussed) items
would then become the focus of the Commission's
attention.
The proposed schedule involves the City Commission at the
following times:
1. July 3 worksession to overview the LDR document. This
would entail a review of the table of contents (which
is currently 26 pages in length).
2. August 7 worksession which will follow public hearings
held by the Planning and Zoning Board. At this
worksession, items of controversy and conflict and the
P&Z Board's recommendation on them will be discussed.
3. August 14, public hearing (@ first reading) -- this is
a departure from normal procedure but is suggested in
order to obtain public input at the City Commission
level prior to reaching decisions.
4. August 21, City Commission worksession -- discussion
among Commissioners focussing upon the P&Z
recommendations and the public comment received during
the previous two meetings.
5. August 28, consideration of the enacting ordinance on
second reading.
In addition to the above formal involvement of the City
Commission, individual Commissioners may attend any of the
numerous meetings which will be held by the P&Z Board.
Attachment:
* revised schedule for preparation and review of L.D.R.s
DJK/#66/CCLDR.TXT
,
REVISED SCHEDULE FOR PREPARATION AND REVIEW OF L.D.R.s
((Prepared June 12, 1990 - - DJK»
June 12 Today
June 18-23 Completion of draft material
June 25 P&Z worksession -- scoping of issues
-- R-l zoning
-- distribution of materials
J\iRe 2i p¡.z '\!OrkiìQiìSìioIJ. iì~IJ.iì K,OUiÇ"iì'
July 3 Revision of text - Hearing document
July 3 c.c. worksession to overview L.D.R.s
July 5 P&Z worksession
July 5 Public Notice to the Newspaper
July 9 P&Z worksession
July 11 Newspaper notice published
[Check F.S. 166.041(3)(c)(2))
July 13 Regular P&Z worksession sans Kovacs
July 16 Regular P&Z Business Meeting
July 23 Special P&Z Public Hearing
July 26 P&Z worksession (if needed)
July 30 P&Z action re recommendation to the Commission
August 7 C.C. worksession re P&Z recommendation
August 14 c.c. Public Hearing re 1st reading of enacting
ordinance
August 21 C.C. worksession (if needed)
August 28 C.C. action on 2nd reading
September 1 Effective date
September 7 Distribution of code books & forms
DJK/#66/LDRSKED.TXT