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Agenda Special 02-11-03 CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA SPECIAL/WORKSHOP - TUESDAY, FEBRUARY 11, 2003 6:00 P.M. FIRST FLOOR CONFERENCE ROOM DELRAY BEACH Jul-mi:ay 1993 2001 The City vcdl furnish appropriate auxihary aids and sermces where necessary to afford an individual w~th a disability an equal opportunity to parucipate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice), 24 hours prior to the program or acuvity in order for the City to reasonably accommodate your request. Adaptive hstening devices are available for meetings in the Comrmsslon Chambers. SPECIAL MEETING AGENDA Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor David W. Schrnidt has instructed me to announce a Special Meeting of the City Cornnusslon to be held for the following purposes: AMENDMENT NO. 1/DELRAY MERCHANT'S ASSOCIATION AGREEMENT: Consider approval of Amendment No. 1 to the agreement between the City of Delray Beach and Delray Merchant's Association regarding repayment of a $30,000 loan associated w~th admimstrauve and product;on costs for the "Celebrate the Soul of Delray" 2002 event. 2. SPECIAL EVENT/CELEBRATE THE SOUL OF DELRAY 2003: Consider approval of a spedal event request for the third "Celebrate the Soul of Delray" event to be held on Sunday, March 23, 2003, including a temporary use permit for street dosure/use of Atlanuc Avenue from NW/SW 1st Avenue to NW/SW 5~h Avenue, use of Tennis Center parking lot and clubhouse; a waiver of sign code to allow event signage more than one week tn advance, provide staff support for security and traffic control, barricade set up, sign construcuon/mstallauon, trash clean up/removal, stage set up/removal, obtain power from FPL as needed, and waiver of overtime costs; contingent upon sponsor providing certificates of liabihty insurance and hquor liabihty insurance, and a hold harmless agreement. 3. AWARD OF CONTRACT/CIGNA: Consider awarding the health insurance plan to CIGNA using a self- insurance plan with a fifteen percent (15%) increase to the City and dependent internal rates to be effective March 1, 2003. AWARD OF CONTRACT/STANDARD: Consider awarding the hfe insurance plan to Standard at a rate of $.36 per $1,000 for hfe and $.04 per $1,000 for acddental death/dismemberment with rate changes to be effective March 1, 2003. 1. Kathleen Daley - Legislative Update WORKSHOP AGENDA 2. Tennis Center Policies/Ladies Teams 3. Proposal for Parks and Recreation program informauon on Haitian radio stations 4. Discussion regarding Commemorative Plaques/A1A 5. Proposed changes to the Bert Harris Act 6. Proposed resolution supporting the Annual Beach Management Trust Fund 7. Commissmn Comments Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the tesumony and evidence upon wbach the appeal is based. The City neither prov:des nor prepares such record. DELRAY BEACH CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA SPECIAL/WORKSHOP - TUESDAY, FEBRUARY 11, 2003 6:00 P.M. FIRST FLOOR CONFERENCE ROOM 1993 2001 The City will furnish appropriate auxiliary aids and services where necessary to afford an indiv~dual' with a disability an equal opportunity to participate in and enjoy the benefits of a servme, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice), 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. SPECIAL MEETING AGENDA Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor David W. Schmidt has instructed me to announce a Special Meeting of the City Commission to be held for the following purposes: AMENDMENT NO. 1/DELRAY MERCHANT'S ASSOCIATION AGREEMENT: Consider approval of Amendment No. 1 to the agreement between the City of Delray Beach and Delray Merchant's Association regarding repayment of a $30,000 loan associated with administrative and production costs for the "Celebrate the Soul of Delray" 2002 event. SPECIAL EVENT/CELEBRATE THE SOUL OF DELRAY 2003: Consider approval of a special event request for the thud "Celebrate the Soul of De[ray" event to be held on Sunday, March 23, 2003, including a temporary use permit for street closure/use of Adantic Avenue from NW/SW 1st Avenue to NW/SW 5~h Avenue, use of Tennis Center parking lot and clubhouse; a waiver of sign code to allow event signage more than one week in advance, provide staff support for security and traffic control, barricade set up, sign construction/installation, trash clean up/removal, stage set up/removal, obtain power from FPL as needed, and waiver of overtime costs; contingent upon sponsor providing certificates of liability insurance and liquor liabihty insurance, and a hold harmless agreement. WORKSHOP AGENDA 1. Kathlcen Daley - Legislative Update 2. Tennis Center Policies/Ladies Teams 3. Proposal for Parks and Recreation program information on Haitian radio stations 4. Discussion regarding Commemorative Plaqucs/A1A 5. Proposed changes to the Bert Harris Act 6. Proposed resolution supporting the Annual Beach Management Trust Fund 7. Commission Comments Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. £1T¥ II LR ¥ BEI:I£# ,DE, LR~Y. B,E^.(::H' 1993 2001 TO: 100 N.W 1st AVENUE I EMORA DUI I David T. Harden City Manager DELRAY BEACH, FLORIDA 33444 FROM: DATE: pRobert A. Barcinski Assistant City Manager February 6, 2003 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 11~ 2003 CONSIDER APPROVAL - AMENDMENT #1 LOAN AGREEMENT BETWEEN THE CITY AND DMA FOR CELEBRATE THE SOUL OF DELRAY 2002 AND CONSIDER SPECIAL EVENT APPROVAL- CELEB RATE THE SOUL OF DELRAY 2003 ACTION City Commission is requested to consider approval of Amendment #1 to the loan repayment agreement between the City and the Delray Merchants Association for Celebrate the Soul of Delray 2002. Commission is also being requested to endorse the 3ra Annual Celebrate the Soul of Delray proposed to be held on Sunday, March 23, 2003 from 10:00 a.m. to 10:00 p.m. to grant a temporary use permit per LDR's Section 2.4.6(H) for the use of the Atlantic Avenue R-O-W from Swinton Avenue to NW/SW 52 Avenue and the Tennis Center parking lot, to authorize use of the Tennis Center Clubhouse and the large covered City stage and small stage. Staff support is requested for traffic control and security, barricading, trash removal and clean up, EMS services, use of City trash containers, signage, and to provide any FPL power drops with a waiver for all overtime costs and equipment rental costs. City Commission is also requested to waive LDR's Section 4.6.7 (D)(3)(j)(ii) to allow the installation of signage more than one (1) week prior to the event. BA CK GR 0 UND Attached is a letter received from Mr. Clay Wideman requesting an amendment to the loan agreement dated May 21, 2002 between the City and the DMA for Celebrate the Soul of Delray 2002. Mr. Wideman is requesting that the DMA be allowed to re-pay the $30,000 loan over three (3) years versus one (1) year at no interest. In November Commission at a workshop in principal agreed to this amendment with the Village Academy as a partner. The Village Academy is no longer a partner in the proposed amendment. Also attached is correspondence received from Mr. Wideman requesting the City to endorse and provide staff support for the 3ra Annual Celebrate the Soul of Delray proposed to be held on THE EFFORT ALWAYS MATTERS Pnnted on Recycled Peper 561/243-7000 Agenda Item City Commission Special Meeting February 11, 2003 Page #2 Date: February 6, 2003 March 23, 2003. The original request was for March 22na but has been changed. Staff support and use of City facilities and equipment as well as signage is being requested per the attached letter. The DMA would be responsible as proposed for managing the event, permitting of vendors, entertainment and related contracts, sound and lighting costs, and rental of other equipment not provided by the City for this event. The event is proposed to be held on Atlantic Avenue between Swinton and NE/SE 5th Avenue. The applicant is requesting that the City waive all overtime costs as well as equipment and facility rental costs. Staff overtime costs for this event are estimated to be approximately $15,500. Last years costs were $10,900. These costs were lower due to reduced police manning resulting from the rain. Stage rental costs are $1,835 and the estimate costs for barricade rental is $280 of which $125 is for the rental of barricades from a private vendor. Attached is an event budget along with additional correspondence. This would be considered a major event. RECOMMENDATION City Commission is requested to consider the following actions: Approval of Amendment /ti between the City and the DMA which changes the repayment schedule for the $30,000 loan. Approval of the event, the temporary use permit for Atlantic Avenue and Tennis Center parking lot, use of the Tennis Center Clubhouse, City stages and barricades, approval of staff support as requested for security and traffic control, barricade set up, sign construction and installation, trash clean up and removal, stage set up and take down, a waiver of overtime and the sign code to allow event signage to be installed more than one week before the event. If Commission approves the event request staff recommends approval with the following conditions: 1. Receipt of a certificate of liability insurance, liquor liability insurance certificate and hold harmless agreement no later than 10 days prior to the event. 2. Receipt of a detailed site plan no later than ten (10) days prior to the event. 3. The event sponsor to be responsible for ordering and payment of barricade rental costs needed from private vendors as well as costs for any other equipment that maybe required such as stage canopies. 4. Event sponsor be responsible for payment to FPL for any power drops that maybe needed. 5. Approve with the understanding that staff support would be provided for only as indicated and that there is no City financial commitment to the event. 6. Limit the site area from NW/SW 1 st Avenue to NW/SW 5th Avenue. RAB/tas CC: Clay Wideman Fde:u. sweeney/events Doc. Howard Alan 6h Ann Wtnter Street Craft Fest [lTV I)F DELAfl¥ BE;ICH CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: MEMORANDUM February 5, 2003 Robert Barcinski, Assistant City Manager Terrill Pyburn, Assistant City Attorney Wnter's D~rect Line: 561/~43-7090 SUBJECT: Amendment No. 1 to the Agreement Between the City and the Delray Merchant's Association Please find attached the revised amendment to the agreement between the City and DMA. Please let me know if you have any questions. Thank you. TCP:smk Attachment AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY MERCHANT'S ASSOCIATION ENTERED INTO ON MAY 21~ 2002 THIS AGREEMENT is made this day of ,2003, between the CITY OF DELRAY BEACH (City) and the DELRAY MERCHANT'S ASSOCIATION (DMA). WITNESSETH: WHEREAS, the "Celebrate the Soul of Delray" is a special event that celebrates the City's ethnic diversity; and WHEREAS, the first "Celebrate the Soul of Delray Event" was held in 2000, and the community event enhanced the appreciation of the City's diversity; and WHEREAS, a second "Celebrate the Soul of Delray Event" was held on February 16, 2002; and WHEREAS, prior to the February 16, 2002 event, the event organizer appeared before the City Commission of the City of Delray Beach to ask for funding assistance; and WHEREAS, this assistance was granted by the City Commission; and WHEREAS, DMA is responsible for re-paying the City based on the terms provided herein; and WHEREAS, the terms for re-payment have been extended from one (1) year to three (3) years. NOW, THEREFORE, based on the promises and covenants made herein, the parties agree as follows: 1. Recitations. The recitations set forth above are incorporated as if fully set forth herein. 2. Consideration. For the 2002 Event, the City agreed to and provided monies in the amount of thirty thousand dollars ($30,000.00). This reimbursable grant shall be paid back by the DMA within three (3) years in increments of ten thousand dollars ($10,000.00) each year. No interest shall be charged on the grant funds that are reimbursed to the City during the three (3) year period. The DMA organization is responsible for all other costs. 3. Entire Agreement. This is the entire Agreement of parties and modifications must be in writing and executed by the parties hereto. 4. Authority. The signatories assert that they have the authority to execute this Agreement on behalf of the parties to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective on the date first written above. ATTEST: By: City Clerk Approved as to Form and Legal Sufficiency: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By:. David W. Schmidt, Mayor 2 WITNESSES: Print Name: DELRAY MERCHANT'S ASSOCIATION (DMA) By: Clay Wideman, President Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument ., 2003, by title of officer or agent) of acknowledging), a behalf of the corporation. was acknowledged before me this day of (name of officer or agent, (name of corporation (state or place of incorporation) corporation, on He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public - State of Florida 3 DELRAY MERCHANTS' ASSOCIATION 404 West Atlantic Avenue, Delray Beach, FI 33444 Phone (561) 276-4915 Fax (561) 276-4986 The Honorable Mayor of Delray Beach David Schmidt, City of Delray Beach Delray Beach, F1 33444 January 22, 2003 Re: Delray Merchants' Association- Celebrate the Soul of Delray The Commissioners on behalf of Delray Merchants' Association "Celebrate the Soul of Delray Event" approved at its September's workshop the proposal for the $30,000.00 owed to the city to be paid in a 3-year installment that is $10,000.00 to be paid each year within the 3-year period effective February 2003. As stated in my letter dated December 1, 2002, we have released the Village Foundation of its joint venture agreement with the Defray Merchants' Association, however, the Delray Merchants' Association would like to restate its request to repay the $30,000.00 in a 3-year installment with the first payment being paid at the end &March 2003 Celebrate The Soul of Delray event, thereafter, each payment will be made after its annual event. On behalf of the Delray Merchants Association, I would like to thank the Commissioners for its continued support as we try to make a difference in our community. Sincerely, Clayton Wideman President, DMA cc: Commissioner Alberta McCarthy Commissioner Jeff Peflman Commissioner Pat Archer Commissioner Jon Levinson DELRAY MERCHANTS' ASSOCIATION 404 West Atlantic Avenue Delray Beach, FI 3:t444 Phone (561) 276. 4915 Fax (561) 276-4986 January 22, 2003 Robert A. Barcinski A~i~ant City Manager City of Delray 100 N.W. 1'~ Avenue Delray Beach, Fl 33444 Re: Celebrate the Soul Of Delray Beach, March 22, 2003 Dear Bob: As you know the Delray Merchants' Association will present "Celebrate The Soul of Detray"on March 22, 2003. This one-day event will ex~end from the western corridor of Atlantic Avenue at NW Sa Avenue to Old School Square from 10:00 a.m. to 10:00 p.m. This community event wil! rank among the top events held in Deiray Beach, providing quality entertainment, vendor booths, delicious food, arts and cra~, children's activities, family fun and a chance to win great prizes. We are requesting the support of the city to provide "in kind service" to help bring about this event. In addition, we are requesting from the city two (2) stages. One located at the Tennis Center facing Atlantic Avenue and the other one to be located in the 400 block of West Atlantic Avenue. I'm looking forward to the City of Delray Beach providing continued support in helping to create a family fun safe environment as we try to showcase our community. Sincerely, Clay Wide, man President, DMA BRIEF HISTORY OF DELRAY MERCHANTS' ORGANIZATION Mission Statement The Delray Merchants' Association is a community based organization of business and property owners established for the purpose of revitalizing and encouraging economic development from 1-95 to Swinton Ave. Delray Merchants' Association (DMA) was established in 1990 by a group of business leaders along West Atlantic Avenue. Historically, the heart of the black community, it was borne out of the Peach Umbrella Plaza, a proposed redevelopment project. Anxious for redevelopment opportunity, city officials thought of bringing together business owners, law enforcement, city officials, and solutions would evolve. The arduous task of shared problem solving began to work. Meeting monthly, over the years, they have come to develop solutions to the problems that curtail meaningful redevelopment. Over the years they have produced a newsletter, hosted an annual banquet, supported local charities, participated in nonviolent vigils, provided education opportunities for entrepreneurs and provided scholarships to young adults. Current Officers of DMA Clayton Wideman (His & Hers Hair Crs.) - President Frances Carter (Class of Palm Beach ) - 1~ Vice President Daisy Fulton (EPOCH) - 2nd Vice Prsident Carmelita Smith (CDC) - Treasurer Peggy Holis (CAC) - Secretary James Thomas (WEDR 99 Jam) Consultant for Celebrate the Soul of Delray Request City to obtain FDOT permit Request Police Assistance for traffic comrol and security Request city staffto set barricades and traffic detours Request City staff.assistance for trash clean up and provide cardboard for trash containers Request use of and staff.assistance to set up large and small stages Request City to provide FPL power drops if needed for stages Request fire rescue assistance if needed Request city to provide event signage and allow to be put up 2-3 weeks before the event Request all city staff assistance and use of equipment at no charge to event DMA will provided the following: Permitting for vendors Port-O-lets Ensure vendors obtain health department and other permits Handle grease removal disposal If you have any questions, please contact me at (561) 276-4915. Your consideration of this request is appreciated. Revenue: Cash DDA CRA County Vendor Income Other Sponsor Income Office Depot FPL Orkin Pest Control Wachovia Bank Local churches Greek Organizations Unique Production DMA EVENT BUDGET Celebrate The Soul Of Delray March 23, 2003 10a.m.-10pm $1,000 1,500 5,O0O 4,500 29,300 Inkind Cash Total - City of Delray Beach (Staff overtime, signs, power, stages) - Coke (product, advertisement) 41,300 $ $ 3,850 In kind total Total Revenue 41,300 Expenditures Cash Entertainment (includes sound, lighting) Insurance Portalets Printing Marketing Entertainer Hotel costs Entertainer Transportation City of Delray Beach Rental portable area lights P.2 $20,000 1,100 1,000 1,000 2,500 3,000 10,000 300 38,900 In kind Shirley Ceasar (promised to return at no charge) travel expenses will be reimbursed City of Delray Beach Coco Cola Advertisement including Radio & Newspaper $ 16,500 $ $ 3,85O $ 5,OOO Total In kind Total Expenditure $ CELEBRATE THE SOUL OF DELRAY Response to letter dated January 31, 2003 from Bob Barcinski, Assistant City Manager City of Delray Beach, Fi Response to: Question 1. No conflict - date has been changed to March 23, 2003 10:00 a.m. - 7:00 p.m. Question 2. Alcohol will be served at one location - West Atlantic Ave corridor. Question3. Yes. Question 4. Yes. Question 5. Yes. Question 6. Question 7. Question 8. We will need to use the Tennis Center building. American Legions Volunteer in addition to city police staff. Bounce house, rock wall, street hockey, basket ball, face painting clowns and a magic show. Location - 400 block north side Power will be needed for children activities 30-40 vendors Shirley Ceaser will be at the Tennis Center stage. No admission will be charged. Question 9. Yes. £1T¥ OF DKLRfl¥ BEI:I£H Ail-America C~ 1993 2001 ,January 31, 2003 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 Clay Wideman, President Delray Merchants Association 404 West Atlantic Avenue Delray Beach, Florida 33444 RE: REQUESTS - LOAN AGREEMENT AMENDMENT AND CELEBRATE SOUL OF DELRAY 2003 Dear Clay: Since I did not receive the information for the above two requests until late yesterday, there was not enough time for staff review and preparation to put this item on the February 4, 2003, City Commission agenda. I will try to get these items on the February 11 agenda; however, I need additional information and answers to questions herein listed by Tuesday, February 4: The City approved the Rhythm and Blues event for March 22. Have you discussed this conflict with Rosiland Murray, and is she willing to change her date? 2. Are you going to sell alcoholic beverages at the event at both locations? 3. Are you going to need the Tennis Center building? Are you going to receive volunteer security assistance again from MAD DADS, or will we need to cover these details with City police staff? o Are you planning on having children activities? If yes, what type and at what location? Will there be a need for power for the children's activities? 6. How many vendors do you estimate will participate? THE EFFORT ALWAYS MATTERS Pnnted cn Recycled Paper Clay Wideman, President January 31, 2003 Page 2 7. Which stage will Shirley Ceasor perform at? 8. Will you be charging any admission? Do you have any written commitments for revenue from your grant or sponsor sources? 10. BudRet The following cost items need to be added to your event budget: · Payment to City $10,000 · Rental portable area lights est. $ 300 · Rental costs at Old School Square You need to talk to Peggy Murphy. The City cannot waive their rental costs. · If serving alcohol at Old School Square est. Need to fence area. Check cost with Peggy. · Hotel and transportation costs if any. Estimate if you need to. $ 3,000 11. Stages will need to be placed at locations where we do not have to get additional power drops from FPL. If you have any questions, please call me. Sincerely, Robert A. Barcinski Assistant City Manager RAB/gb cc: David T. Harden, City Manager ADDI~ L. GREENE Commissioner, District VII Palm Beach County Board of County Commissioners Governmental Center, 12~ Floor $01 North Olive Avenue West Palm Beach, Florida 33401 (561) 355-2207 Fax (561) 355-6332 *" South Office: Southeast County Complex 345 Congress Avenue Delray Beach, Florida 33445 (561) 276-1350 Fax. (561) 276-1365 agreene@co.palm-beach fl us ~An Equal Opportunity Affirrnanve Action Employer' January 29, 2003 Mr. Clay Wideman, President Delray Merchants Association 104 West Atlantic Avenue Delray Beach, FL 33444 Re: Funding Approval "Celebrate the Soul of Delray" Dear Mr. Wideman: This is to serve as notification that I will contribute up to $6,000 from my District VII Recreational Assistance Program Funding to assist with cross- over talent/entertainment for the "3rd Annual Celebrate the Soul of Delray" event that will be held on Sunday, March 23, 2003. As you know, payment will be processed on a reimbursement basis with certain criteria as previously discussed. The procedure for the distribution of these funds is through a formal agreement with an entity. If you have any further questions or need additional assistance, please do not hesitate to contact Gladys Whigham, my Administrative Assistant at 561 276-1350. Also, your request and a copy of this letter is being forwarded to Susan Yinger, Grants Procurement Administrator, Parks and Recreation Division, who will initiate the paper work for the agreement. I am pleased to contribute to this exciting phenomenon. I also commend you, your volunteers, and the Community on your concerted efforts in coordinating this spectacular event. Best wishes for continued success. Sincerely, Addie L. Greene County Commissioner, District VII cc: Dennis Eshleman, Parks Director Susan Yinger, Grants Procurement Administrator DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION 400 WEST ATLANTIC AVENUE · DELRAY BEACH, FL 33444 · (561) 266-9840 · FAX (561) 266-9843 February 4, 2003 To Whom It May Concern: The Delray Beach Community Development Corporation (DBCDC) is committed to seeing the success of the "Celebrate the Soul of Delray Festival". Toward that end, the DBCDC is willing to commit financial, as well as, in-kind and spiritual support to see that the festival has another successful year. Sincerely, /~ Executive Director 20:03 5612335167 P~C PAGE Clay Wideman 225 NE 21~ St. Boce Raton, FL 33123 Re: CelelxMion of Soul of Delmy Beactt Dear Mr. Wicleman: This letter is written t~ ¢onfkm that you have the support of the Za~a Iota Slgrne Chapter, Phi Beta Sigma Fratemlty. Inc. for the Celebration of Soul of Deimy ~beduled for Mamh 22, 2003. Zeta Iota Sigma's support includes financial, opetalional and general support. Phi Beta Sigma wishes you great suooe~ in ~hi~ endeavor. Please feel free to call ahould you have questions. Sirmerely, George Pratt, P'te,a~lent Zeta lots Sigma Chapter Phi Beta Sigma Fratemil~, inc, 125 SW 8th Street Rev. Matthew Mitehell, Jr. Delray Beach, Florida 33444 Pastor Phone:(S61 ) 243-1898 Fax: February 3, 2003 Delray Merchants Association 404 W. Atlantic Avenue Delray Beach, F1 33444 C/O Soul Of Delray To Whom It May Concern: We the members of Christ Baptist and the Pastor, Rev. Matthew Mitchell, Jr., take this opportunity to say to your Association we offer our full support in your efforts to make Delray Beach a much better place to live. If there is anything we can do to further your efforts do not hesitate to call on us. We look forward to doing business with the members of your group. Sincerely, Rev. Matthew Mitchell, Jr. Pastor MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM #-~h0B !~,~ SPECIAL MEETING OF FEBRUARY 11, 2003 AWARD OF CONTRACT/CIGNA AND AWARD OF CONTRACT/STANDARD FEBRUARY 7, 2003 Per staff request, agenda backup for Special Meeting Items #3 and #4 will be sent to you on Monday (See attached email). Message Page 1 of 1 Nubin, Chevelle From: Safford, Joseph Sent: Friday, February 07, 2003 2:38 PM To: Garito, Barbara Cc: Nubin, Chevelle Please add the following 2 items to the Special Meeting agenda for February 11th. Award health insurance plan to Cigna (current City carrier) using a self-insurance plan with a 15% increase to City and dependent internal rates effective March 1,2003. No changes to present plan design. Award life insurance plan to Standard (current City carrier) at a rate of $.36 per $1,000 for life and $.04 per $1,000 for accidental death and dismemberment with rate changes effective March 1, 2003. Backup information to follow or be presented at the meeting. Sorry for this late submission. Really sorry. 2/7/2003 MEMORANDUM To~ From: Date: David T. Harden, City Manager Joseph M. Safl~~nce Director February 9, 2003 Subject: Health Insurance Renewal- Plan Year 2003-04 We are asking for City Commission approval of a 15% rate increase to our internal City health insurance rates in order to self-fund a Cigna health insurance plan effective March 1~t 2003 with a total anticipated cost of $4,500,000. This form of financing a Cigna plan is recommended over other proposed insured and self-insured plans presented by Cigna, Blue Cross/Blue Shield, Humana, and United HealthCare. Back~round We were originally asking for health insurance renewal costs from our present carrier, Cigna, in October 2002 for our plan year beginning March 1~t 2003. This would have allowed us to review their proposal, go out for RFP (request for proposals) if their proposal was not acceptable, and allow for a re-enrollment period for City employees if we chose to change carriers. Cigna wanted the October claims experience before they submitted their proposal. These numbers were not available until the second week of November. A Cigna proposal was finally submitted to the City in early December using our claims experience through October. This proposal recommended a 27 9% rate increase to their previous rates. We reviewed this proposal submission in detail and found the requested increase to be inconsistent with our present claims experience (see graph entitled "Cigna Total Paid Premiums vs. Actual Claims- FY2002-2003"). We therefore requested a meeting with Cigna representatives and our Agent of Record, Kurt Gehring, to review their submission. A meeting was held on December 12th 2002 with Richard Kaufman, Cigna representative, Kurt Gehring, and this office Cigna explained their cost proposal line by line The primary reason for the 27.9% rate increase was their estimate that health care costs were to increase by 20% in the upcoming plan year. This factor was applied to claims, stop-loss coverage and administrative costs. In our presentation, we pointed out that our present claims experience was well below their expectations, that our runout reserve of $622,891 appeared excessive since we were only running about $275,000 in claims per month, that their proposed expenses were 14.7% of claims compared to 8% the previous year, and that their administrative expenses were increasing 34% over a two year period compared to a cost of living index of 3%. We commented that their administrative salaries, building costs, supplies, etc. were certainly not being increased at this 34% rate. Cigna would not reduce their 20% "health trend" estimates and we therefore recommended that the City immediately go out to RFP. Our Agent, Kurt Gehring, proceeded to issue the RFP dated December 20th 2002 that requested carrier responses by January 24th 2003 due to the holiday period. The RFP, with our claims experience through October, was designed to request both insured and self-insured funding alternatives. Palm Beach County recently went through this same process with Cigna with essentially the same requested increases. They advised us that they finally decided to self-fund their Cigna plan. During the RFP period, we continued to seek improved costs from Cigna. While we were out for RFP, Cigna received our November claims experience which was favorable and further substantiated our position that their rate request was simply too high. They (Cigna) conceded a 2% adjustment to their initial proposed rate increase The other carders were notified of these November claims numbers but consideration was too late for the RFP responses. A meeting was held with the Insurance Committee on January 13th 2003 to bring them up to date with the status of our health plan negotiations with Cigna and the RFP that was to be received on January 24th. It was explained that we normally would implement rates one month in advance but this was not possible this year. We would implement new rates effective March 1~t in the payroll process during March. Proposals were received January 24th 2003 and worksheets were prepared both in-house and from our Agent of Record, Kurt Gehring, comparing the various alternatives. These worksheets were sent January 29th. A meeting was held with the Insurance Committee on February 5m 2003 to review all the alternatives. We prepared worksheets comparing carrier rate structures (employee, employee-spouse, employee-child, and family) to our internal rate structures (employee, employee +1, employee +2, employee +3 or more). Using the fully insured proposals, with our present plan costing $3,913,676, the changes needed in internal rates and the total proposal costs were as follows: · Humana- 14.82% or $4,493,683 · Blue Cross/Blue Shield- 16.27% or $4,550,432 · United HealthCare- 25.20% or $4,899,923 · Cigna- 27.45% or $4,987,975 The Committee reviewed the proposals for fully insured and self-funded alternatives, network match percentages, benefit breakdowns, cost structures and it was determined that the best overall alternative was to accept the self-funded Cigna plan proposal. Humana was eliminated since their benefits were different than our present plan. For example, they had a low doctor match to our survey and had a $200 per admission co-pay for hospitals. Blue Cross/Blue Shield was eliminated since they did not even offer a POS plan therefore our employees in our current POS plan would have to choose between an HMO or a PPO plan thus a change in benefits. United HealthCare was eliminated since they had a $250 per admission co-pay for hospitals and a $15 per office visit co-pay All carriers other than Cigna had a 20 office visit maximum for mental and nervous where our current plan has 30. Any change in benefits would require union negotiations which would delay implementation of the new health plan. In addition to these differences, the Committee considered that our present Cigna plan has fully automated enrollment already established and we have little to no complaints from our employees, dependents, and retirees regarding doctor availability network, benefits, patient care, prescription drug administration, or claims payments We considered that we have several current employees, dependents, and retirees in critical care situations involving heart bypass operations, cancer, and leukemia which mean that plan design, benefits, and doctor matches are important at this point The Committee, as stated, agreed that the best overall alternative was to self-fund (insure) our present Cigna plan In this way, we will experience fixed costs for stop-loss insurance per individual ($100,000) and aggregate coverage to establish our maximum exposure Our claims payments will be made based upon actual claims which we feel is sufficiently below those proposed by the carrier that this funding method would prove to be the most cost effective. The Committee feels that, with the 15% increase to internal City rates, we can retain our current carder, plan design and benefits, and we can pay our claims based upon realistic projections. Our current internal rate revenue is $3,914,000. A 15% rate increase would provide total revenues of $4,500,000 The fixed costs from Cigna for stop-loss insurance and administration fees would be $803,086. This would leave $3,696,914 for the payment of next year's claims compared to our present year's claims projection of $3,175,000. This would allow for a 16.44% increase in our claims activity which we feel is realistic. A self-funded alternative requires the City to establish a runout reserve by year-end. We feel the low claims activity in the first few months of the new plan year will allow us to accumulate a sufficient claims runout reserve by year-end We would therefore request City Commission approval of Cigna as our health plan carrier using a self-funded financing alternative and a 15% internal City rate increase effective March 1st 2003. Encl: Graph- Cigna Total Paid Premiums vs. Actual Claims FY2002-2003 Graph- Current Health Plan vs. Proposals FY2003-2004 Chart- Cigna Health Plan (March 2002-February 2003) with Proposed City Rates Chart- Chart- Chart- Chart- Humana Proposal- Internal Rates Blue Cross/Blue Shield Proposal- Internal Rates United HealthCare Proposal- Internal Rates Cigna Proposal- Internal Rates o~ o~o~ ~~ ~0~ ~000 0000 ~000 0+++ 0 0 o E E ~ ~0~ ~000 0000 ~0~ ~000 0000 ~000 ~00 0 + + + O~ + +· ~ o~ o o~ o~o ~0~ ~000 0000 ~000 ~00 o Request to be placed on: Consent Agenda When: 02-11-03 AGENDA REQUEST Date: 02-10-03 X Special Agenda Workshop Agenda Description of agenda item: Award of Health Insurance Plan to CIGNA using a self- insurance plan with a 15% increase to the City and dependent ~nternal rates to be effecbve 03-01-03 ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES NO YES NO Recommendation: Approval is recommended by the F~nance Director and Risk Manager X Determination of Consistency with Co~lSrehensive Plan: N/A City Attorney Review/Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes Funding alternatives (if apphcable): Account Number: Account Description. Account Balance' City Manager Review: Approved for Agenda' ~) Hold Until' Agenda Coordinator Review: Received: Action: No No Approved P.O. # D~sapproved To: From: Date: David T. Harden, City Manager Joseph M. Sa~ance Director February 10, 2003 Subject: Renewal of Life Insurance Plan The City of Delray Beach recently went out for RFP (Request for Proposals) for our employee and retiree life insurance coverage. There were three (3) companies responding with the following quotes: 1. Standard Life Insurance Company (current carrier) $.36/$1,000 life, $.04/$1,000 accidental death or dismemberment 2 Reliance Standard Life Insurance Company $.36/$1,000 life, $.04/$1,000 accidental death or dismemberment 3. Cigna Group Insurance Company $.384/$1,000 life, $.035/$1,000 accidental death or dismemberment The benefits were slightly changed in that Class 1 (City Manager, Assistant City Manager, City Attorney, and Department Heads) were changed from $80,000 to $100,000 to reflect estimated annual salaries. In addition, Class 2 (Assistant Department Heads and Division Heads to include Battalion Chiefs and Police Lieutenants) were changed from $60,000 to $75,000 to reflect estimated annual salaries In reviewing these proposals, it was noted that the Standard Life Insurance Company and the Reliance Standard Life Insurance Company quotes were identical but the Reliance quote stated that the retiree coverage would be reduced by 35% of the pre-age 65 amount at age 65 and an additional 25% of the pre-age 65 amount at age 70. This represents a 60% reduction in total coverage at age 70 whereas the current plan and the new proposed plan under Standard has a 50% total reduction in coverage. All proposals included a two-year rate guarantee. We would therefore ask for City Commission approval of award to Standard Life Insurance Company at a rate of $.36/$1,000 life and $ 04/$1,000 for accidental death or dismemberment for a two (2) year period. Encl: Proposal Documents City of Delray Beach · The rate(s) will be guaranteed for 2 years. · The policyholder will be notified of renewal rates 90 days prior to the renewal effective date. · Waiver Of Premium is included. Eligibility to age 60; ends at age 65. · An Accelerated Benefit up to 75% of Life and Supplemental Insurance is included. · AdminEASE service is included, offering online resources for day-to-day administration of employee benefit plans. · For class 9: Annual Earnings exclude commissions. · All other provisions of existing plan remain unchanged. · E-Contract Documents service is included, offering online efficiency and convenience in contract document delivery. · The rates assume billing is centrali?~d. We appreciate the opportunity to provide you with this benefit and cost summary proposal from The Standard. This document outlines certain important features of the group insurance coverages available. This is not a contract or an offer to contract for such coverages. Detailed information about other important features of the coverage proposed is available on request. Just ask your broker/consultant or Standard representative. A completed application must be submitted before a group can be considered for coverage. Insurance will be effective after the application is accepted by The Standard. If approved, we will issue a contract containing our customary language. It will not duplicate existing policy language, if any. The group contract will contain provisions and defined terms not described in this Benefit and cost summary proposal. The group contract will control if there are discrepancies between it and this proposal. The proposed premium rate and plan design for each coverage are based on the underwriting data received by The Standard. Final premium rates and plan provisions will be determined by The Standard on the basis off applicable state laws, policyholder contributions, confirmation of occupations, the actual composition of the group of persons who will become insured, and our current underwriting rules and practices. This benefit and cost summary proposal expires on April 28, 2003, unless replaced or withdrawn by The Standard. Page 3 Standard Insurance Company 298344 -WD Benefit and Cost Summary Proposal City of Delray Beach Basic Life and AD&D Plan 2 An active employee of the Employer working 30 hours per week An employee of the Employer who retired under the Employer's retirement program Class 1: City Manager, Assistant City Manager, City Attorney, and Department Heads Class 2: Assistant Department Heads, Division Heads, Battalian Chiefs, and Police Lieutenants Class 3: All Eligible Employees in Classes 3, 4, and 5 and 7 w/a benefit of $40,000 Class 4: All Eligible Employees in Classes 6 and 8 with $25,000 benefit Class 9: Retired Members Class I Class 2 Class 3 Benefit Formula Flat $100,000 Flat $75,000 Flat $40,000 Age Based Benefit To 65% at age 65, To 65% at age 65, To 65% at age 65, Reduction To 50% at age 70 To 50% at age 70 To 50% at age 70 Guarantee Issue Full Benefit Full Benefit Full Benefit Employer Contribution 100% 100% 100% Class 4 Class 9 Benefit Formula Flat $25,000 To Be Determined Rounding N/A N/A Maximum Benefit N/A $80,000 Minimum Benefit $0 $1,000 Age Based Benefit To 65% at age 65, To 50% at age 70, Reduction To 50% at age 70 To 65% at age 65 Guarantee Issue Full Benefit Full Benefit Employer Contribution 100% 100% Rate: Per Members Volume X $1,000 All Eligible Life 877 $33,822,146 0.36 AD&D 729 $29,960,500 0.04 Total Monthly Premium $12,176 $1,198 $13,374 Page 2 Standard Insurance Company Benefit and Cost Summary Proposal 298344-WD EXHIBIT I Life and AD&D Proposal !Class Description Current Proposed Proposed 1 City Manager, Assistant City $80,000 $100,000 $100,000 Manager, City Attorney, Department Heads 2 Assistant Department Heads $60,000 $75,000 $75,000 and Division Heads to include Battalion Chiefs and Police 3 F.O.P. Bargaining Unit $40,000 $40,000 $40,000 Members 4 I.A.F.F. Bargaining Unit $40,000 $40,000 $40,000 Members 5 N.C.F.&O. Bargaining Unit $40,000 $40,000 $40,000 Members with a salary of $25,000 or more 6 N.C.F.&O. Bargaining Unit $25,000 $25,000 $25,000 Members with a salary of $25,000 or less 7 All other employees with a $40,000 $40,000 $40,000 salary of $25,000 or more 8 All other employees with a $~5,000 $25,000 $25,000 salary of $25,000 or less 9 Retirees Amount of insurance in Amount of insurance in Amount of insurance in force on the day before force on the day before force on the day before retirement retirement retirement Life Rate per $1,000 AD&D Rate per $1,000 Retiree Rate per $1,000' * Note: The retire~utd be the same as what the city pays for its active employees. ~________~,"N/] February 6, 2003 The Standard '~'-"'---"~gnature of Officer Date Name of Company $0.36 $0.04 $0.36 RELIRNCE STRNDRRD lafe Insurance Company Group Term Life Proposal Summary Basic Coverage Prepared for City of Delray Beach Proposal Expiration Date: May 8, 2003 Proposed Effective Date: March 1, 2003 Broker. Gehring Group Situs State: Florida Plan Description: (Classes 1 to 4, see next page for additional Class descriptions) Eligibility: All active full-time Employees working 30 or more hours per week except anyperson working on a temporary or seasonal basis. Class 1 City Manager, Asst. City Manager, Class 3 F.O.P Bargaining Unit Members City Attorneys, Dept. Heads Class 2 Asst. Dept. Heads, Div. Heads, Class 4 I.A.F.F Bargaining Unit Members Battallion Chief, Police Lieutenants Benefit Amount: Oa_ss 1 $100,000 Oass 2 $75,000 Class 3 $40,000 Class 4 $40,000 Age Reduction: Benefits will be reduced by 35% of the pre-age 65 mount at age 65; an additional 25% of the pre-age 65 amount at age 70; and an additional 20% of the pre-age 65 amount at age 75. Reduces at retirement. Guarantee Issue: Less Than Age 60: Age 60 and Greater. '"Living Benefit Rider. Conversion: Waiver of Premium: Family Medical Leave Ace Bereavement Counseling: WoddNet Travel Assistance: Employer Contribution: Employee Participation: $100,000 $100,000 75% of Benefit Amount up to a maximum of $250,000 Yes Yes Yes Yes Yes 24 hour coverage, excludes retirees 100% 100% Required Total Cost Summary (Includes classes 1 through 7) ~16. of Elig. Total Monthly' Premium Rate Monthly Rate Employees Volume per $1000 Premium Guarantee Basic Life: 877 $33,286,000 $0.36 $11,982.96 2 Years AD&D: 729 $29,424,354 $0.04 $1,176.97 2 Years Total Premium: $13,159.93 *In some states this is expressed as Accelerated Benefits; in others k is hbeled Imminent Death Benefk. Notes: All Rates assume a smoke free workplace. a l~lJ~tcompany ) RELIRNCE STRNDRflD [afc Insurance Company Group Term Life Proposal Summary Basic Coverage Prepared for City of Delray Beach Proposal Expiration Date: May 8, 2003 Proposed Effective Date: March 1, 2003 Broker. Gehring Group Situs State: Florida Plan Description: (Classes 5 to 7) Eligibility: Class 5 _Class 6 Class 7 All active full-time Employees working 30 or mom hours per week except anyperson working on a temporary or seasonal basis. N. CF. & O Bargaining Unit Members and all other active employees earning $25,000 or more annually N.C,F. & O Bargaining Unit Members and all other employees earning less than $25,000 annually Retirees Benefit Amount: Class 5 $40,000 Class 6 $25,000 Class 7 Matches currem inforce plan Age Reduction: Benefits will be reduced by 35% of the pre-age 65 amount at age 65; an additional 25% of the pre-age 65 amount at age 70; and an additional 20% of the pm-age 65 amount at age 75. Reduces at retirement. Guarantee Issue: Less Than Age 60: Age 60 and Greater. *Living Benefit Riden Conversion: Waiver of Premium: Family Medical Leave Aa:t: Bereavement Counseling: WorldNet Travel Assistance: Employer Contribution: Employee Participation: $100,000 $100,000 75% of Benefit Amount up to a maximum of $250,000 Yes Yes Yes Yes Yes 24 hour coverage, excludes retirees 100% 100% Required Total Cost Summary (Repeated from previous page) ~6. o~ Elig. T~tal Mon~lxl3 ' premium Rate Monthly Rate Employees Volume per $1000 Premium Guarantee Basic Life: 877 $33,286,000 $0.36 $11,982.96 2 Years AD&D: 729 $29,424,354 $0.04 $1,176.97 2 Years Total Premium: $13,159.93 *In some states this is expressed as Accelerated Benefits; in others it is labeled Imminent Death Benefk. Notes: All Rates assume a smoke free workphce. ( a~t~tcompany ) s-~ 'Description" Current Proposed Proposed 1 City' Manager, Assistant City $80,000 $100,000 $100,000 Manager, City Attorney, Department Heads 2 Assistant Department Heads $60,000 $75,000 $75,000 and Division Heads to include Battalion Chiefs and Police 3 F.O.P. Bargaining Unit $40,000 $40,000 $40,000 Members 4 I.A.F.F. Bargaining Unit $40,000 $40,000 $40,000 Members 5 N.C.F.&O. Bargaining Unit $40,000 $40,000 $40,000 Members with a salary of $25,000 or more 6 N.C.F.&O. Bargaining Unit $25,000 $25,000 $25,000 Members with a salary of $25,000 or less 7 All other employees with a $40,000 $40,000 $40,000 salary of $25,000 or more 8 All other employees with a $25,000 $25,000 $25,000 salary of $25,000 or less 9 Retirees Amount of insurance in Amount of insurance in Amount of insurance in force on the day before force on the day before force on the day before retirement retirement retirement Life Rate per $1,000 AD&D Rate per $1,000 Retiree Rate per $1,000' otc: The retiree life rate should be the same as what the city pays for its active employees. $0.384 $0.035 $0.384 City of Delray Beach (8) EXHIBIT I Life and AD&D Proposal (Complete and Submit with your proposal) Name of Company City of Delray Beach (7) Request to be placed on: Consent Agenda When: 02-11-03 AGENDA REQUEST Date: 02-10-03 X Special Agenda Workshop Agenda Description of agenda item: Award of the City's Life Insurance Plan to Standard at a rate of $0.36 per $1,000 00 for life and $0.04 per $1,000.00 for accidental death/dismemberment with rates changes to be effective 03-01-03 ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES NO X YES NO Recommendation: Approval is recommended by the F~nance Director and Risk Manager Department Head Signature: ~ . ~~ o~mp -- '~" % Determination of Consistency with rehensive Plan: N/A City Attorney Review/Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): Funding available' Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: Hold Unbl: Agenda Coordinator Review: Received: Action. Yes X ;~ No No Approved' Disapproved' P.O. # MEMO TO: F~OM: DATE; RE: Bob Barcinski Brahm Dubin February 5, 2003 De]ray Beach Tennis Center- Ladies Teams SeffDooner, Manager of DBTC Linda Peiffer, Captain Div. 2 Jeanne Dubin, Director of Ladies Teams Vkky Odonnell, Captain Div. 4 leal~nette Rubin, Captain Div. 1 lariat Bilodeau, Captain Div. 6 loan Sanche.~ Captain Div. 1 Laura Little, Captain Div. ? The Delray Beach Tennis Center is recommending changes in policy in regm'ds to Ladies Teams who play on the South Palm Beach County Women's Tennis Ax~ocia:ion Our recommendations take into account: The importance of Opmo Play at both facilities Limitations of Prime Time court play in season Men vs. Women Team Play History Survey of(19) comparable tennis clubs Input of all women T~am Captains Input of our Tennis Pro staff We ~re recommending the following new policies: 1. TRY OUTS There will be try outs before season in March and April 2003 in descending order by division, by individual. 2. CONTROL OF TEAMS Coach and Team Captains will work in a 50/50 relationship. Captain will be in charge of balls and lunch (if applicable). 3, CIIOICE OF COACI1 Each team chooses a coach. to comply. Dolray Beach Tennis Center will use best efforts TEAM FI~E A.) Matches st Delray Beach Tennis Center Fee for ½ Season $120.00 per person. Fee may be applied to Team Practice, Private Clinics, and/or Private Lessons (applicable rates apply). NOTE: Fee is based cn $15.00 for 8 Clinics at a ratio as follows: 4-6 Players I Pro 7-12 Players 2 Pros 13-18 Players 3 Pros 19-22 Players 4 Pros Day advanced sign up r~luired. Clinic cancelled if 3 or less si~n up. * B.) Matches at D~lray Swim & Tennis Club Team Fee will be optiomtl. Optional Fee is $90.00 per person for season. Fee may be applied to Team Practice, Private Clinics, and/or Private L~ssons (applicable rates apply). NOTE'. Fees based on $1:5,00 for 6 Clinics as p~r the above ratio. WARM UPS BEI~ORE MATCHES Will remain optional, A_) Home Matches Ir'warm up is conducted a~ a minimum of $50.00 for the Pro, Then Pro will watch Team Match. B.) Away ~chcs As above, minimum plus $60.00. C.) Walk-on to Clay Courts allowed at 9:35 AM if court is available. D.) Hard Courts are allowcd to be reserved. (Policy may be rescinded based on future demand for courts.) 6. MORE ~S Delray Beach Tennis Center will add three (3) more teams including: two (2) open divisions, one (1) Division 5 and one (1) Division 8. We will eliminate one (1) Division I of the two (2) Division 1 's. The net increase will be 3 more teams These policies have the full suppo~ of our Tennis Advisory Board, Ladies Team Captains and our Tennis Pro Staff'. I ITY (IF I)ELAAY BE;I£H AII-AmedcaCity 1993 2001 RECEIVED NOV 2 6 2002 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444. 561/243-7000 MEMORANDUM TO: David Schmidt Mayor FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Haitian American Council DATE: July 1, 2002 Thank you for attending the meetings with the Haitian American Council. As you know, we have been working with the Council concerning making the Haitian community more aware of parks and recreation programs and facilities. In meetings with Karli Richardson and Danielle Henry, it was suggested that the best way to get the word out to the Haitian community is through one of the several radio stations that broadcast in Creole (WLYJ AM 640 and WHRS 980 AM). Further, it was stated that there would be interest in hearing the services offered by other Departments, such as Police, Fire, and Community Improvement. Attached are the quote sheets for air time. AM 640 charges $150.00 per half hour and 980 AM charges $175.00 per half hour. If there is interest, I suggest a 6 month trial period where the Departments mentioned would have a weekly program outlining programs and services, 3 months on AM 640 and 3 months on 980 AM. The cost for 3 months on AM 640 is $1,800.00 and on 980 AM, $2,100.00 for a total of $3,900.00. It was suggested the best time for such a program is at 5:00 PM and 5:30 PM. Danielle Henry is going to get back to me with the best day of the week for each radio station. The Haitian American Council would provide a translator for the show. Prfnted on Recycled Paper THE EFFORT ALWAYS MATTERS 2 Please discuss this with the other Commission members and advise if you are interested in proceeding. Director of Parks and Recreation Attachment cc: David Harden City Manager Jeff Perlman Vice Mayor Patricia Archer Deputy Vice Mayor Jon Levinson Commissioner Alberta McCarthy Commissioner JW:cp Ref:dshaitian 02/22/2002 15:22 954?812825 CHRISTEPHANIES PAGE 02 F~ 22, 2002 $o~ We, ldoa 1 ~' Dear Mr W~don: Haitian Co~nunity i~ creole, I ~ould like to provide you with a bid for Radio Airiime services. Kindly k-t ~s know wtze~r you remain ~ in our s,~viees. Our ~ ~ ~ ~ ~ ~ ~ in ~ ~u~, ~IO I~ ~Q~ ~A~ON~E ~ ~ ~~~~ ~~~a~B~d~. W~~l~le ~~ p~. E~lo~ ~ ~ ~y pd~ ~r ~ ~. Peak Tm~ ½ hour...._~175.00 ~eak T'nn~ Ho~rty.___S350.00~ Let us know oFyour deeis~n. We k~ok Foward~ v~orking closely with the cit~ of De. hay Bea~ If you should have any que~ion or heal any additional inforttmtion phm,se ~1t us al 561-989- 0659. 954-781-7424. $89 E~st $onple Road · Pompo~o ~o~h, Florida 33064 rlzb [9~4) 781.7424 · studio rloll Fr~ 930~980 · Fax: (954) 785-7662 UNISOURCE GROUP WWW. TIHAITI.COM EMAIL SALES~TII-IAITI.COM AM -640 NATAE DISTRIBUTIONS INC P.O. BOX. 701 DELRAY BEACH FL 33447 TEL 561-265-3874 ADD~: ~-/ ' PAX: ' ' ~T DA~: Mo. Day Yr. End Date: Mo. Day Yr. OPEN~ PROGRAM DATA SUN. MON. TUE. WED. THU. FRI. ~ SAT. ~ BRO~ ~ ~ ~g M~ ~ 12 MO. ~T~ ~~ BROADOAST AIR DATES MO~ 1 2 3 4 5 6 7 8 f 1~ i1 12 13 14 15~1~17 18 1920 21 ~23 2425 26[2728 ~ 30 31 No. ~ TOTAL J~. FEB. MAR. MAY JUL AUG. ~EP. ~T. NOV. D~. ~ _~ P~ SPOT t I PER PKG. ~TE L I I~OICE AUTHORIZED CLIENT SIGNATURE AUTHORIZED AGENT SIGNATURE 01/16/2003 09:55 FAX 5616535518 MIG REALTY AERC ~002 December 17, 2002 Honorable Mayor David Schmidt City of Delray Beach 100 N.W. 1't Avnue Delray Beach, FL. Re: Commemorative Plaques along A1A Dear Mayor Schmldt: This letter is being forwarded to address the increasing number of commemorative plaques that are appearing on benches and in front of trees along AIA to the north and south of Atlantic Avenue. For over 20 years I have taken pleasure in my morning walk along A'IA and several years ago I noticed the first commemorative stone laying In front a palm tree. This seemed innocuous enough and I just chalked it up to someone's desire to do something In memory of a loved one. Unfortunately, as time went by I noticed more and more of these commemorative plaques on benches and in front of trees. It seems that almost weekly there is a new one. Today I noticed two large holes ready for new trees and I shutter to think that more plaques will be in the ground soon. Although I can understand someone's desire to do something to remember a loved one, I now feel like I am walking in a cemetery. It is my understanding that the city is allowing residents, in return for the purchase of trees or benches, to install these plaques. I believe this is getting out of hand and I don't think it adds to the natural setting that many of us enjoy along Delray's beautiful coastline. I would like to suggest that an end be put to this practice before the entire landscape is cluttered with plaques and memorials, Again, I don't have any problem with someone's desire to memorialize a loved one, but maybe they could do it on their own personal property instead of property owned by the city and its residents. On the other hand, ff the city wants to designate some other area as a "Community Memorial" location, it may be an acceptable alternative. In that way, only those who care to would visit the area. Please let me know if anything can be done to stop this practice along A1A. I look forward to your response. Ve.,.._,~,yours,rvtn'l~' - . -, 510 Nortfi Swinton Avenue Delray Beach, Florida 33444 (561) 278-6389 (H) (561) 820-1300 ext. 124 (W) cc Joe Weldon £1T¥ Jill: I]ELRR¥ BER[H DELRAY 8EACH AIPAmericaCity 1993 2001 100 N W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 561/243-7000 December 31, 2002 Ms. Leslie Horenburger 510 NO~th Swinton Avenue Delray'Beach, FL 33444 Dear Ms. Horenburger: Thank you for your letter of December 17, 2002 concerning plaques that appear in various locations in Delray Beach. Our Parks and Recreation Department has a program whereby people can purchase a bench or tree and place a plaque on it, usually commemorating a personal significant event. Since December of 1998, 16 plaques have been ordered. While most commemorate the passing of a loved one, others depict a poem, marriage or the names of organizations who donated them. The plaques are small (12" by 3") and inconspicuous. Generally we try to comply with the donor's request for location, and many of the donors request a location along our beach or in our parks. Thank you for your interest in the City of Delray Beach. Sincerely, David W. Schmidt Mayor cc: David Harden City Manager Joe Weldon Director of Parks and Recreation DWS:cp Ref:plaquecm Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS DE0-3]-2002 TUE 11:30 ~ CITY, HGR, DELRRY, BCH December 17, 20~2 He]notable Mayer David Schmidt City of Dalray Beach 100 N,W, l~t Avnue Dalray Beach, FL. 33444 561243719g P, 0! Re: Commemorative Plaques along A1A 12-3t-02 3o]~ W~,~,DON= ]'3.e~se ~raf~ a ~aepe~ae ~o~ ~he Dear Mawr Schmidt: ~a~or' s si~nature. T~S I /8~ This lette~ la being fo~rd~ to addle the in.easing numb~ of commemorative plaques i~t are ap~dng on benches and in front of lines al~g A1A to the no~h and sou~ ~ Atlantic Avenue, For over 20 years I have taken pleasure In my momlng walk along A1A and several years ago I n~ticed the first commemorative stone laying in front a palm tree. This seemed innocuous enough and I .lust chalked It up to someone's desire to do some~fling in memory of a loved one. Unfortunately, as time went by I noticed mom and more of these ~ommemorative plaques on benches and in front of tress. It seems that almost weekly there is a new one, Today I noticed kvo la~e Iloles reaciy for new trees and I shutter to think that more plaques will be in the ground soon, Although I can understand someone's desire tn do something 1o remember a loved one, I now feel like I am walking in a cemetery. tt Is my undemtandlng ~hat the city is allowing msiaents, in return for ~e purchase of trees or benches, to install these plaques, I believe this is getting out of hand and I don't think It adds to the natural setting that many of us ertloy along Delmy's beautiful coastline, I would like to suggest that an end be put to this p~actice before the entire landscape is cluttered wi~h plaques and memorials. Again, I don't have any problem with someone's desire to memorialize a loved or, e, but maybe they could do it on their own personal property instead of property owned by the city and its residents. On the other hand, if the ~ity wants to designate some other area as a "Community Memorial" location, It may be an acceptable alternative. In that way, only those who care to would visit the area, Please let me know if anything can be done to stop this practice along AIA. I look forward to your response. Very truJ.~'yours, ~ . ., 510 Nort~ Swinton Avenue Delmy I~each, Florida 33444 (~1) 278-~389 (H) (661) 820-1300 ext. 124 (W) cc Joe Walden [ITY OF OELRI:I¥ BEI:I[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Wdter's Direct Line: 561/243-7091 1993 DATE: TO: MEMORANDUM January 17, 2003 City Commission David T. Harden, City Manager Paul Dorling, Director of Planning & Zoning FROM: Susan A. Ruby, City Attorney SUBJECT: Changes to Bert Harris Act I received the attached bill regarding proposed changes to the Bert Harris Act that may have a chilling effect on the passage of any rezonings and other regulations and guidelines enacted regarding development not actually sought by a land owner. The proposal extends the one year period to make a claim from one year from the time the ordinance was adopted to one year from the time actual notice is given to the landowner. No actual notice is now required. The proposed law appears to apply to a denial of variances as well. Most specifically, the law waives sovereign immunity which could result in large monetary payments being paid by the City if an inordinate burden is found to have been placed on the property. There is no cap on the amount of money that could be awarded. Please consider the application of this new proposed law. SAR:sm~ Attachment cc: Barbara Garito, City Clerk X S, ' 12:47 FL LERGUE OF CITIES -) FL L C N0.222 [~0 Proposed Hnrris Act Amendments Th~ B~rt $. Harris, Ir., Pri~fate Property Rights Protection Act (§70.001, Fin. Stat.) was enacted over 8 years ago in 1995 to protect lx'ivate prolerty ownen from having tlu/t property "/nca'dinately burdened" by governmental regulators. The Act c~eates a public process for expeditiously resolving land use disputes between gova~-nenta2 entities and private property While the Harris Aot hns bom ~e in moderating Ioe~! government regulations of privatu propc'rty, there nr~ still local governments that resist tho Hnrris Act. Some local gores d~ny every/:him and use dilato~ litigation ta~os in an attempt to ~t ar detur landowne~ obtaining relief under the Act for prop~ the governments have burdened. Because thc Act i~ over g years old and current litig~on h~ vxposod glitches in the A~t, the following amendments are required for the Act to carry out its original intent md propose. Local governmgats have attaokM thc requirament in ~ubseotion 5(a) ofthz Aot to isstm a "written ripeness decision" as a legi~laitve e~croachment into thejudiciary's domain. However, the purpose of requiring thc written decision -- which identities th~ allowable uses to which the pmpmy may be put -- is s/reply to provide the Courts the sazno informntion for which tho ripeness.doctrine was created, but in a more timely and effic/ent manner. Thu~ the '~-itten deoision" actually assislx the Caum by pmvidins them with the intbnnation nood~t to adjudicato Hams Aa claims. The proposed amendments merely clarify this 1.'o__tent and purpose. In other oases where a law or regulation does not immediately affect a specific property (£e, a site-specific issue such as where a wetlands or end.gered species determination must be made) the one year statute of limitation rum from the time the government takes a specific action regarding the landowner's propezty (such ~ a perm/t or devdopmeat application). Th~ proposed amendm~nu ¢lim/nate the Catch-22 situation szui provide much needed certainty u to when the 01/,16/1~ 12:4'7 FL LERSUE OF CITIES '-> FL L C ND.222 l~0 lh'nitatio= ~ be~,~s to run. th~ Act regarding sovereign imm~. This language has been co~ by a ~iami~Dade Cirmit cou~t judea ~o prevent all olaim~ for mcaey damasks a/ain,t local aoveramants. See Royal florid Metropolitan. Inc. v. City of Miami Beach, Miami.Dade Co. Cir. Court No. 99- t 7243-CA23. In the Royal F/orld case, the ~operty Owner asser~ lizat several ordinances downzoning its property from a 300 foot he/ght lfm/t ~o a 60 foot h~/ght limit inordi~ataly burdened its property and ~msed a loss in excess of $5,000,000 in the l~'s fair marke! value. The drcait court fotmd that th~ H~ris Aot did not wa/ye ~over~ign immunity and that tho City (or ~y other local governmatrt) does not have to pay landowners any damagea under the Act. While the Royal I~orld decision - which ~riscerates the purpose ofl~e entire Act and renders it oomplet~ly meaningless -- is being appealed, the proposed languago will make the intent of the Aot expressly clear that soverei~ immunity is waived ~or the limited proposes of 2 O1/lB/~ 1~:47 FL L~A~UE OF CITI~ e PL L C NO. 222 1 2 3 $ ~0 12 14 15 15 17 18 20 DA~E: 1/06/03 A bill to be entitled An act relating to property rights; amending s. 70.001(3)(d~, s. 70.001(5)(a), s. 70.001(il)and s. 70.001(13), F.S., relating to private property rights protection~ providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph id) of subsection (3), paraffraph (a)of subsection (5), subsection (11), and subsection (13) of Section 70.001, Florida Statutes, are amended to read: 90.001 Private property rights protect/on.-- {3) For purposes of this sec=ion: (d) The term "action of a governmental entity" means a specific action of a governmental en~ity which affects real property, including bu~_._not limited to the adopt&on_ of any re__~/.la~ion tha~ ~_t.ers the density, intens£tV, or use owner'~ Drouertv and aJt¥ action on an application or permit. CODING: 1 Deletions are ~; aclditions are Olzl~?~ 12:~? FL LEAGUE OF CITIES ~ FL L C N0.2~2 gO 1 4 S $ '7 g '10 13 :1.4 3.5 16 (5) la) During the 180-day-notice period, unless a settlement offer is accepted by the property owner, each of the governmental entities provided notice pursuan~ :o paragraph (4)(a) shall issue a written ~ decision identifying the allowable uses to which the subject property may be put. The failure of the governmental entity to issue said ~ written ~ decision during the 180-day-notice period shall .cau$~ be-da&..~d ~o ripe~ the prior action of the governmental entitFT to become its final decision identif~in.~ the allowable uses for the.s_ub~ect o~fipertv. Whsthe~_.rendere~ bY submission of a written decision duriNg_the 180-da~,Dotice perio_d_.or...by .failure to submit sai~_w.~itten deci$iom= .the final de~ision of a qovernmentR1 entity or eD~.i~ies produced by this oara~raoh sha~l ~ &hall ~&z&:~ ms a ~l~a.~&&& :~e~=== ~=~,~,~,., as a matter of law, constitutes the last prerequisite to judicial review of the merits, a.~d the ,%~:ta: CODINg: Deletions are ~; additions are ~. 01/,~/I;~2 12: 47 FL LEAGUE OF C IT I ES .~ FL L C NO. 222 DB 1 2 5 6 ? ~2 ~3 ~4 ~5 proceeding ¢~eated by this section, notwithstanding the availability of o=her administrative remedies. {11) (a) A cause of action~lay not be commenced under this section if the claim is presented more than ! year after a law or ze~ulation is first applied by the governmental entity to =he property at issue. Cb) FOr D~rposes of this section,, a law or r~_au!ation that alSers the_density._int~nsit¥, or uss of the_oWner's DroDertv i~_first, aDDlied_~o the DrOPert¥_ upon a.do~t~0n' O~ such la~_o~ reaulation~if actual notice, as_described tn $125.66[4)(a}.~ is ~iven ~=o__the oropertv owner..Wh~&e actual1 notice i~ ~Ot provide~, ~he .law 0r regulation is_first applied when a soe~ific_action o[..the aover~mental entity affects the owner's parcel o~ real o~ouer~y~ c) If an owner seeks relief~_tncludin_cL.develoomen~ approval or a variance from a law or Requ[a~ion that al:q:~ ~he density, inten$1t.¥, or ~$_e_ of ~h~.ownar's oro~ert¥ from the gove:r~mental action through lawfully available administrative or judicial proceedings, the :ime for bringing CODING 3 Deletions are ~; additions are ~. 12:4'7 FL LEABUE OF CITIES ...). FL L C N0.222 [;0 1 3 4 5 7 8 an action under this section is tolled until the conclusion of such proceedings. (13) """"" ..... " ...... ~-.,,,J~ --'"' ................... '" ~ ~v-~,,.-~..~. In accordance wi~h..s.. 13, Art. X Qf the Stat~ Cons~i_tu_tion, the state, for i._~.s, elf and for i~_$__~g.encies or subdivisions, he=eh~..maives sovereiqn immunit? for to the ext_en~ suecifisd in th/_s.~.act. This _Provision she1! anDlied ~etroAc~ivelv to May 11, 1.9.95. CODING: 4 Deletions are ~; addition~ are L~LL~.~. CHAIR Dr Jan Stagger C~ly of Naples VICE CHAIR Baan Flynn M~ami-Dade County SECRETARY/ TREASURER Monte Blews Santa Rosa Island Authonty DIR£CTOR$: Wrgln~a Barker Brevard County Dr Robert Dean Un~verslly of Flonda Don Donalason Martin County Albert P Dusey Town of Palm Beach Alison Hagerup Caphva Steve H~gglns Broward County Malcolm McLouth Canaveral Port Authority Roland Ottohn~ Lee County Dawd K Roach Flonda Inland Nav~gahon Ddnct J,m Spurgeon Town of Jupiter Island EX-OFFICIO: Paden WoOdrLlfl Flonda DEP George Strain Corps of Engineers Tom Cannpbell, P E Enk Olsen, P E William Strange, Ph D STAFF' PRESIDENT Start Taft EXECUTIVE DIRECTOR David Taft GOVERNMENTAL AFFAIRS Deborah E Flack NEWSLE13'ER EDITOR Kate Gooderham FLORIDA SHORE & BEACH PRESERVATION ASSOCIATION A League of Cff~es and Counties on Beach and Coastal Issues January 29, 2003 URGENT 2952 Welhngton C~rcle Tallahassee, Flonda 32309 (850) 906-9227 (850) 906-9228 FAX ww~ fsbpa corn RECEIVED FEe 3- 2003 CiTY To: From: Re: Coastal City Managers and County Administrators Stan Tait, President Resolution to Save the $30 Million Annual Beach Management Trust Fund In an effort to balance the budget, Governor Bush has recommended diverting $15 million of the $30 million in the beach trust fund, which is funded from the real estate documentary stamp tax. That could be very bad news for your community. There is real concern here that if this recommendation is adopted that the beach trust fund will be abolished entirely. And that would be the death knell for an orderly, priority-based, long-range approach to beach preservation in Florida. Five years ago, a large majority of Florida's coastal cities and counties adopted a resolution that led to creation of the beach management trust fund. It was passed unanimously by both houses of the Legislature. And it has worked very well since, enabling the restoration of many miles of eroded beach. Now we ask your help again. FSBPA, which is a "league of cities and counties" on beach issues, urges your commission to again pass a resolution to save the trust fund. Attached is a sample resolution. Time is of the essence. The Legislature hopes to finish its budget fairly early in the session this year. So please move on this resolution at your earliest opportuni .ty. It would be greatly appreciated if you would send me a copy of any resolution on this issue passed by your commission. Thanks. printed on recycled paper SAMPLE RESOLUTION FOR LOCAL GOVERNMENTS WHEREAS, Florida's number one tourist attraction is its beaches, and WHEREAS, beach-related tourism has a $41.6 billion impact on the state's economy, and WHEREAS, beaches contribute over $1 billion in tourist- related sales tax revenues annually, and WHEREAS, 442,000 jobs are created by beach-related tourism, with an $8 billion payroll resulting from additional spending related to Florida's beaches, and WHEREAS, over half of Florida's 825 miles of sandy beaches are experiencing erosion, with 333 miles designated by the Department of Environmental Protection as critically- eroded, and WHEREAS, the Florida Legislature, pursuant to Chapter 161, F.S., has declared beach erosion to be a serious threat to the economic and general welfare of the state and its residents; and has further declared it to be a necessary responsibility to preserve Florida's beaches and make provision for beach nourishment projects, and WHEREAS, the Florida Legislature, in 1998, pursuant to s. 161.091, and s. 201.15 (11), provided that designated funding of $30 million annually shall be deposited in the Ecosystem Management and Restoration Trust Fund, and that documentary stamp tax revenues shall be the source of that funding, and WHEREAS, this $30 million allocation has enabled Florida to develop a consistent, adequately-funded, priority-driven, long range management program to address critical erosion, and WHEREAS, this program represents a cost-effective intergovernmental partnership which leverages a dollar for dollar local government match, and up to 65% of the total project cost from federal sources. NOW, THEREFORE, BE IT RESOLVED that the (Name of local government or interest group) strongly urges the Florida Legislature to fully fund the Department of Environmental Protection's beach erosion control project priority list for FY03-04 for $30 million as provided for in Chapters 161 and 201, Florida Statutes, and BE IT FURTHER RESOLVED that the (Name of local government or interest group) respectfully requests that the Florida Legislature oppose any legislative efforts to amend existing law which allocates $30 million annually in certain documentary stamp tax revenues to the Ecosystem Management and Restoration Trust Fund for purposes of beach preservation and repair. DEF 1/27/03 WHERE TO SEND YOUR RESOLUTION GOVERNOR Governor Jeb Bush Office of the Governor PL 05 The Capitol 400 South Monroe Street Tallahassee, FL 32399-0001 SENATE APPROPRIATIONS COMMITTEE Senator Ken Pruitt, Chairman Capitol Office: Room 214 Senate Office Building 404 South Monroe Street Tallahassee, FL 32399-1100 SENATE APPROPRIATIONS SUBCOMMITTEE ON GENERAL GOVERNMENT Senator Charlie Clary, Chairman Capitol Office: Room 420 Senate Office Building 404 South Monroe Street Tallahassee, FL 32399-1100 HOUSE APPROPRIATIONS COMMITTEE Representative Bruce Kyle, Chairman 221 Capitol 402 South Monroe Street Tallahassee, Florida 32399-1300 HOUSE APPROPRIATIONS COMMITTEE Representative Stan Mayfield, Vice Chairman 212 Capitol 402 South Monroe Street Tallahassee, FL 32399-1300 HOUSE AGRICULTURE AND ENVIRONMENT APPROPRIATIONS SUBCOMMITTEE Representative Jerry Paul, Acting Chairman 410 House Office Building 402 South Monroe Street Tallahassee, FL 32399-1300 FOR NAMES AND ADDRESSES OF SENATE AND HOUSE MEMBERS OF YOUR LOCAL LEGISLATIVE DELEGATION GO TO THE FLORIDA LEGISLATURE WEB SITE AT: http://www.leq.state.fl.us