09-06-11 Regular City Commission MinutesSEPTEMBER 6, 2011
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers
at City Hall at 6:00 p.m., Tuesday, September 6, 2011.
1. Roll call showed:
Present- Commissioner Thomas F. Carney, Jr.
Commissioner Fred B. Fetzer
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - Commissioner Adam Frankel
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Father William "Chip" Stokes with
St. Paul's Episcopal Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor McDuffie stated that with regard to Item 9.I., Appointment to the
Financial Review Board, Warren Trilling has requested that his application for
appointment to the Financial Review Board be withdrawn.
Staff requested that Item 7.B., Resolution No. 31 -11 be removed from the
Agenda.
Dr. Alperin moved to approve the Agenda as amended, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Dr. Alperin — Yes; Mrs. Gray —
Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 4 to 0 vote.
5. APPROVAL OF MINUTES:
Mrs. Gray moved to approve the Minutes of the Regular Meeting of
August 2, 2011, seconded by Dr. Alperin. Upon roll call the Commission voted as
follows: Mrs. Gray — Yes; Mayor McDuffie -- Yes; Mr. Carney -- Yes; Dr. Alperin —
Yes. Said motion passed with a 4 to 0 vote.
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Dr. Alperin moved to approve the Minutes of the Regular Meeting of
August 16, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mrs. Gray —
Yes. Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. None
7. PRESENTATIONS:
At this point, Mayor McDuffie presented a plaque to Commissioner Fetzer
for the many years he served on the City Commission. Mr. Fetzer came forward to
accept the plaque and gave a few brief comments.
7.A. Keep Palm Beach County Beautiful Grant — Mar'orie Ferrer
Mar'orie Ferrer Executive Director of the Downtown Develo ment
Authority (DDA), stated last December Commissioner Gray contacted her and asked for
help with fundraising for the Atlantic High School football team. Mrs. Ferrer stated
Atlantic High School is not in the DDA but suggested that the merchants hire the football
players on Saturday and Sunday mornings from 6:00 -9:00 a.m. to pressure spray and
clean the sidewalks. She stated the gum on the sidewalks was not coming up because
they needed a hot pressure sprayer so they applied for a grant and now have a hot
pressure cleaning machine. In addition, Mrs. Ferrer stated the grant will pay the students
so much an hour toward their debt of the football uniforms and at the same time the
merchants will be paying for the cleaning of the sidewalks and the checks will be made
payable to the high school. She stated they hope to work with Parks and Recreation with
the landscaping team and Public Works to have the students also learn more about their
community by helping to paint curb stops and all those little jobs such as pulling weeds,
etc. that can be done as a mentoring program. Mrs. Ferrer stated there were only 14
grants in the nation; two in Florida and they are very proud to have received this grant.
Lourdes Ferris, Keep Palm Beach Beautiful, stated she is happy to be in
collaboration with the Downtown Development Authority, Waste Management, and
Atlantic High School. She stated they were able to get a grant for $10,000.00 and noted
the cost of the hot pressure cleaning machine is $4,000.00. In addition, Keep Palm Beach
Beautiful has money to help the student athletes at Atlantic High School.
Butch Carter, Waste Management, stated it is their pleasure to serve the
communities that they serve and assist in any way they can.
Ms. Ferris stated Keep Palm Beach Beautiful also entered into a Cigarette
Litter Prevention Program with the City and they did fund a grant to purchase cigarette
ash receptacles for the beach and invited everyone to participate in the upcoming
International Coastal Cleanup coordinated with the Sandoway House on September 24,
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2011.
Mayor McDuffie stated early in the year Atlantic High School's deficit for
the football program was $40,000.00. He stated due to the cutbacks in education across
the State, programs are not there to fund the sports. Mayor McDuffie stated when his son
was in high school they had already stopped funding the baseball program and many of
the other programs so Booster Clubs were responsible for funding everything. He stated
this has now happened to football which is the number one sport in high schools in this
country.
Commissioner Gray thanked Dr. Victor Kirson for his donation as well
and stated he purchased uniforms for the entire football team last year.
Rich Reade, Sustainability Officer, stated with regard to the location of
the solar powered compactors there is one at Pompey Park, one at the Soccer Complex,
two at Miller Park, and they are looking at receiving an additional six that will replace all
the trash receptacles at Veteran's Park. Also, there will be an additional three; two on the
beach and one on the Avenue that will be purchased with recycling dollars. Mr. Reade
stated it is about 15 -17 days where they have to go out and replace trash bags and empty
the garbage bins. This has helped the City to save money and be able to provide
additional and higher quality services.
Mayor McDuffie asked about the frequency before the solar powered
compactors. Mr. Reade stated the frequency was every day.
7.B. RESOLUTION NO. 31 -I1: Approve Resolution No. 31 -11 recognizing
and commending Vivian Mitchell for 30 years of dedicated service to the City of Delray
Beach.
The caption of Resolution No. 31 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING VIVIAN MITCHELL FOR
THIRTY YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH.
(The official copy of Resolution No. 31 -11 is on file in the City Clerk's
office.)
Mayor McDuffie stated per staffs request, Resolution No. 3 1 -11 has been
removed from the Agenda and will be on the September 20, 2011 Agenda.
8. CONSENT AGENDA: City Manager Recommends Approval.
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8.A. ACCEPTANCE OF A WATER UTILITY EASEMENT
DEED/DELRAY MOTORS, INC.: Approve and accept a water utility easement deed
for Delray Motors, Inc. for Delray Chrysler Jeep Dodge, located at 2102 South Federal
Highway.
8.11. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
(FDEP) PERMIT FEES: Approve payment of permit fees in the amount of $23,561.41
for the upcoming Beach Renourishment fill event tentatively scheduled for March, 2012.
Funding is available from 332 - 4164 -572 -31.30 (Beach Restoration Fund: Professional
Services /Engineering /Architectural).
8.C. REQUEST FOR SIDEWALK DEFERRALn38 SEASAGE DRIVE:
Approve a request to defer the installation of a sidewalk along Seasage Drive for a
proposed single family residence located at 738 Seasage Drive.
8.1). MODIFICATIONS TO THE CONTRACTOR
PREQUALIFICATION PROCEDURE AND APPLICATION
PROCESS: Approve modifications to the Contractor Prequalification Procedure and
Application process.
8.E. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/VILA AND SON
LANDSCAPE CORPORATION: Approve a Contract Closeout (Change Order No.
I/Final) in the amount of a $92,897.68 decrease and final payment in the amount of
$27,971.60 to Vila and Son Landscape Corporation for completion of the Atlantic
Avenue Median Landscape Beautification Project. Funding is available from 334 -3162-
541 -61.15 (General Construction Fund: Capital Outlay/Improvements- Medians).
8.F. AMENDMENT NO. 1 TO THE ELEVATOR MAINTENANCE
SERVICE CONTRACT /ORACLE ELEVATOR COMPANY: Approve Amendment
No. 1 to the Elevator Maintenance Service Contract with Oracle Elevator
Company providing for the addition of the elevator at Miller Park. Funding is available
from 001 -4121 -572 -34.90 (General Fund: Other Contractual Service).
8.G. AMENDMENT NO. 1 TO THE AGREEMENT (CHANGE ORDER
NO. 1) /SOUTHLAND PAINTING CORPORATION: Approve Amendment No. 1 to
the Agreement (Change Order No. 1) to Southland Painting Corporation in the amount of
$28,935.00 for the additional rehabilitation work of Clarifier 44 at the Water Treatment
Plant. Funding is available from 442 - 5178 -536 -46.90 (Water & Sewer & Replacement
Fund: Repair & Maintenance Service /Other Repair/Maintenance Cost).
81L AMENDMENT NO. 1 TO THE JOINT PARTICIPATION
AGREEMENT, FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT):
GATEWAY FEATURE: Approve Amendment No. 1 to the Joint Participation
Agreements with the Florida Department of Transportation (FDOT) for the
proposed landscaping along Atlantic Avenue (SR 806) from 1 -95 to N.W. /S.W. 12th
Avenue.
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8_I. INTERLOCAL AGREEMENT/PALM BEACH COUNTY FOR S.W.
12TH AVENUE /AUBURN AVENUE /S.W. 14TH AVENUE: Approve an Interlocal
Agreement with Palm Beach County for reimbursement to the City in the amount of
$1,000,000.00 for costs associated with improvements along S.W. 12th Avenue /Auburn
Avenue /S.W. 14th Avenue from S.W. 10th Street to West Atlantic Avenue.
8.J. DISASTER RECOVERY INITIATIVE (DRI)/HOUSING
REHABILITATION CONTRACT AWARD: Approve one Housing
Rehabilitation contract award for 354 N.W. 6th Avenue to South Florida Construction
Services, Inc., the lowest responsive bidder, in the amount of $37,875.95 for housing
rehabilitation under the Disaster Recovery Initiative (DRI) Program. Funding is available
from 118 - 1960 - 554 -49.19 (Neighborhood Services: Other Current Charges/Housing
Rehabilitation).
8.K. FOURTH AMENDMENT TO DISASTER RECOVERY
INITIATIVE AGREEMENT (DRI2) /PALM BEACH COUNTY: Approve a fourth
Amendment to the agreement between the City and Palm Beach County for the Disaster
Recovery Initiative Housing Rehabilitation Program (DR12) Program as proposed.
8.L. ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE
ORGANIZATION: Approve a request for city support and assistance for the 6th
Annual Project Holiday sponsored by the You Are Not Alone Organization, which
provides packages to armed services personnel.
8.M. AMENDMENT NO. 1 TO THE LEASE AGREEMENT/DELRAY
BEACH LIBRARY ASSOCIATION, INC.: Approve Amendment No. 1 to the Lease
Agreement with Delray Beach Library Association, Inc.
8.N. SUBLEASE AGREEMENT/DELRAY BEACH LIBRARY
ASSOCIATION, INC./BUZZ AGENCY, LLC.: Approve a Sublease Agreement
between the Delray Beach Library Association, Inc. and the Buzz Agency, LLC. for
twenty -six (26) months with two (2) two (2) year optional renewals.
8.0. INTERLOCAL AGREEMENTMALM BEACH COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT:
Approve an Interlocal Agreement with Palm Beach County to provide for a fair share
contribution by the City for funding of the administration of the County Department of
Environmental Resources Management (DERM) Wellfield Protection Program.
8.P. CONTRACT ADDITION (CHANGE ORDER NO. 2)/BRANG
CONSTRUCTION INC.: Approve a Contract Addition (Change Order No. 2) to Brang
Construction, Inc. in the amount of $8,900.00 for two (2) additional decorative columns
for the Martin Luther King Jr. Drive Beautification Project. Funding is available from
Contract's Unforeseen Conditions Allowance and from 334 - 4141 -572 -68.57 (General
Construction Fund: Other Improvement /Cultural Loop /MLK Drive Phase 1).
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80. ADDITIONAL SCOPE/FOSTER MARINE CONTRACTORS, INC.:
Approve additional scope with Foster Marine Contractors, Inc. for work to relocate ten
(10) sewer cleanouts for the S.W. 12th Avenue/Auburn/S.W. 14th Avenue Project to be
paid from the Unforeseen Conditions Allowance.
8.R. RESOLUTION NO. 33- 11/BUDGET AMENDMENT: Approve
Resolution No. 33 -11 amending Resolution No. 55 -10 and Resolution No. 25 -11 which
made appropriations of sums of money for all necessary expenditures of the City of
Delray Beach for FY 2010/2011, by setting forth the anticipated revenues and
expenditures for the operating funds of the City for FY 2010/2011.
The caption of Resolution No. 33 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
RESOLUTION NO. 55 -10 ADOPTED SEPTEMBER 21,
2010 AND RESOLUTION NO. 25 -11 ADOPTED JUNE
21, 2011, WHICH MADE APPROPRIATIONS OF SUMS
OF MONEY FOR ALL NECESSARY EXPENDITURES
OF THE CITY OF DELRAY BEACH, FLORIDA, FOR
THE FISCAL YEAR 2010/2011, BY SETTING FORTH
THE ANTICIPATED REVENUES AND
EXPENDITURES FOR THE OPERATING FUNDS OF
THE CITY FOR THE FISCAL YEAR 2010/2011;
REPEALING ALL RESOLUTIONS INCONSISTENT
HEREWITH.
(The official copy of Resolution No. 33 -11 is on file in the City Clerk's
office.)
8_S. EXTENSION OF THE INSURANCE AGENT/BROKER SERVICE
AGREEMENT/THE PLASTRIDGE AGENCY, INC.: Approve an extension of the
Insurance Agent/Broker Service Agreement with The Plastridge Agency, Inc. for
an additional one year period beginning I0 /l /11. Funding is available from 551-1575 -
591- 45.11(Insurance Fund/Insurance /General Liability Premiums), 551- 1575 -591 -45.31
(Insurance Fund /Insurance/Package Policy Premium), and 551 - 1575 -591 -4532
(Insurance Fund/Insurance /Package Policy Premiums, Excess Workers' Comp Premium)
8.S.1. PROPOSED RENEWAL OF PROPERTY AND CASUALTY
INSURANCE/THE PLASTRIDGE AGENCY, INC.: Approve a proposed renewal of
the City's major property and casualty insurance programs, including workers'
compensation, for the period October 1, 2011 thru September 30, 2012. Funding is
available from 551 -1575- 591 -45.11 (Insurance Fund/Insurance /General Liability
Premiums), 551 - 1575 -591 -45.31 (Insurance Fund; Insurance Package Policy Premium),
and 551- 1575 -591 -45.32 (Insurance Fund; Insurance Package Policy Premiums, Excess
Workers' Comp Premium).
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8.T. EXTENSION OF CONSULTING AGREEMENT /GALLAGHER
BENEFIT SERVICES, INC.: Approve an extension of the Consulting Agreement with
Gallagher Benefit Services, Inc. in the expected amount of $114,654.00 for employee
benefits management consulting services. Funding is available from 551- 1575 -591 -45.20
(Insurance Fund: Insurance /Claims Handling Costs).
8.U. STATE HOMELAND SECURITY GRANT AGREEMENT: Approve
an Agreement with the Florida Department of Financial Services in the amount
$53,716.00 to accept the 2010 Domestic Preparedness Grant from the State Homeland
Security Grant Program to sustain equipment and training for hazardous materials
incidents and incidents involving weapons of mass destruction.
8.V. MEMORANDUM OF UNDERSTANDING /DEPARTMENT OF
HIGHWAY SAFETY: Approve a Memorandum of Understanding with the Department
of Highway Safety to provide the Police Department access to D.A.V.I.D. (Driver and
Vehicle Information Database) which allows searches of driver license records and
vehicles to aid law enforcement in investigations.
8.W. GRANT APPLICATION; 2011 ASSISTANCE TO
FIREFIGHTERS: Authorize submission of a grant application to the Federal
Emergency Management Agency for the 2011 Assistance to Firefighters Grant.
8.X. GRANT AWARD/RECOVERY ACT EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT (.TAG): Approve and accept the FY
2011 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) award in the
amount of $53,503.00 which will provide funding to support the Holiday Robbery Task
Force.
8.Y. BOND COUNSEL SERVICE/ GREENBERG, TRAURIG,
LLP /STEVEN D. SANFORD: Appoint Steven D. Sanford of Greenberg, Traurig, LLP
as bond counsel for two (2) proposed water and sewer re- financings.
8.Z. FINANCIAL ADVISORY SERVICES /JAY GLOVER: Appoint Jay
Glover, Public Financial Management, to act as financial advisor for two (2) proposed
water and sewer re- financings.
B.A.A. RESOLUTION NO. 37 -11: Approve Resolution No. 37 -11 assessing
costs for abatement action required to remove nuisances on five (5) properties throughout
the City.
The caption of Resolution No. 37 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO CHAPTER 100 OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
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BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 37 -11 is on file in the City Clerk's
office.)
8.B.B. SPECIAL EVENT REQUEST /12TH ANNUAL DOWNTOWN
DELRAY BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a
special event request for the 12th Annual Downtown Delray Beach Thanksgiving
Weekend Art Festival to be held on November 26 -27, 2011 from 10:00 a.m. until 5:00
p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of N.E. 2nd
Avenue from the alley just north of Atlantic Avenue to approximately 400 feet north of
N.E. 3rd Street, leaving an access lane to the City Walk parking garage, and to authorize
staff support for traffic control, security, and Fire Inspector with the sponsor paying all
overtime costs.
8.1C.C. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period August 15, 2011 through September 2, 2011.
B.D.D. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Kuhn Flooring Gallery I LLC., in the amount of
$28,030.00 for the replacement of floor covering at Fire
Headquarters Station No. 1 including removal of old floor
covering, labor and materials. Funding is available from 001 -2311-
522 -46.10 (General Fund: Repair & Maintenance
Services/Building Maintenance).
2. Purchase award to Innovyze in the amount of $27,000.00 for the
purchase of a Water Modeling program, "InfoWater Suite 8.1 ".
Funding is available from 441 - 5123 -536 -66.10 (Water and Sewer
Fund: Books/Publications /Software).
3. Contract award to Foster Marine Contractors, Inc. in the amount of
$46,800.00 for the annual Lift Station Rehabilitation program.
Funding is available from 442 - 5178 -536 -68.15 (Water & Sewer
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Renewal & Replacement Fund: Improvements Other/Lift Station
Rehabilitation).
4. Contract award to Odums Sod, Inc. in the amount of $16,500.00
for 100,000 square feet of sod for the S.W. 3rd Street and 6th Ave
Water Main Upgrade Project. Funding is available from 442 -5178-
536 -68.62 (W & S Renewal & Replacement Fund: Improvements
Other /S.W. 3rd Street & 6th Avenue WM Upgrade).
5. Purchase award to Motorola in the amount of $18,316.46 for four
(4) Motorola APX6000 portable radios in an effort to maintain
equipment quality and service readiness. Funding is available 001-
2315 -526 -64.90 (General Fund: Machinery /Equipment/ Other
Machinery/Equipment).
b. Purchase award to Bergeron Sand, Rock & Aggregate, Inc. in the
amount of $16,500.00 for 1,000 tons of limerock, to be installed by
the City's in -house construction crew, for the S.W. 3rd Street and
6th Avenue Water Main Upgrade Project. Funding is available
from 442 -5178 -536 -68.62 (W & S Renewal & Replacement
Fund: Improvements Other /S.W. 3rd Street & 6th Avenue WM
Upgrade).
Dr. Alperin moved to approve the Consent Agenda, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Dr. Alperin
— Yes; Mrs. Gray -- Yes; Mayor McDuffie — Yes. Said motion passed with a 4 to 0 vote.
9.
REGULAR AGENDA:
9.A. BID AWARD/RANDOLPH AND DEWDNEY CONSTRUCTION,
INC.: Consider approval of a bid award to Randolph and Dewdney Construction, Inc. in
the amount of $456,710.00 for renovations to the Pompey Park Concession Stand.
Funding is available from 334 - 4127 -572 -62.10 (General Construction Fund: Building).
Richard Hasko, Director of Environmental Services, stated this item was
tabled at the Special Workshop Meeting of July 12, 2011 so that staff could bring back
some information as requested by the City Commission. Mr. Hasko stated staff
recommends awarding the bid to Randolph and Dewdney Construction for $456,710.00.
He stated if the Commission decides to go with the first phase which would include
replacement of the stairs for approximately $233,000.00 staff would have to rebid that
because they would have to reduce the scope and the project is an architectural project
that is a lump sum bid. He stated last week there was discussion about the condition of
the Plexiglas windows in the press box and one alternative would be installing impact
resistant windows or a less expensive option would be to replace the Plexiglas with new
Plexiglas.
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09 /06 /11
Linda Karch, Director of Parks and Recreation, reiterated that they were
hopeful to get the project done in one phase because it would be more economical for the
City.
Dr. Alperin stated if this were done as two projects it would free up
additional funds for other capital projects. He stated this needs to be done and it is going
to cost more money if they split it up and does not see the logic in stretching it out by
phasing it.
Mr. Carney stated he feels that spending today he has to spend money that
is absolutely necessary and he agreed in July that there are certain parts of this project
which were necessary (i.e. the stairs were bad and the downstairs needed to be
refurbished) but his concern with respect to the creation of the upstairs /press box remains
the same. He does not feel it is necessary today and feels you cannot say for certain it is
more expensive in the future because we do not know what costs are going to be and
what other dynamics may be at play in the future. Mr. Carney stated the City should do
what is absolutely necessary to keep the facility maintained. Mr. Carney stated he
supports the phased expenditures and spend the money we have now for Phase I.
Mrs. Gray stated prior to July this Commission agreed to move forward
with the one phase and asked staff to give them options. She stated the applicants have
spent money on the RFP and feels if we did not have this back and forth with this second
lowest bidder that this would have been done months ago. Mrs. Gray stated she supports
staff's recommendation to award the bid to Randolph and Dewdney Construction, Inc. for
Phase I.
Mayor McDuffie reminded everyone since a Commissioner is absent this
evening that a 2/2 vote should that happen is no action. The City Attorney stated if the
vote is 2/2 this would have to come back when the fifth Commissioner is present.
Mayor McDuffie stated he has always been a supporter of quality youth
sports for as long as he has been on the Commission and far beyond. He stated the City
has also had to cut some of things that were being built because we did not have the
money to build everything at the time. Mayor McDuffie stated the Soccer Complex was
built from a two -story building that they were going to have where the concession stand
is now to a one -story building because that is what the City could afford at the time. He
stated that "blight" needs to be eradicated and believes that we need a safe structure.
Mayor McDuffie stated what was shown to the Commission in Phase I of gutting the
facility, installing new plumbing, and putting a staircase to the second floor will cure that
and hopefully in the next budget year the City will have the money to finish the entire
project.
projects.
Brief discussion by the Commission followed regarding prioritizing
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Mayor McDuffie stated Phase I of this will be a gorgeous facility but it
just will not get expanded. Dr. Alperin stated if this does not pass he would like the
Commission to receive a report as to what other projects are going to be done instead of
this second part of this so they will know which projects are equally necessary. The City
Manager stated staff can have this for the Commission at the next meeting.
Dr. Alperin moved to approve the bid award to Randolph and Dewdney
Construction, Inc., seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Dr. Alperin — Yes; Mrs. Gray — Yes; Mayor McDuffie — No; Mr. Carney — No.
Said motion was a 2 to 2 vote (no action).
9.B. SETTLEMENT OFFER IN DOMINICK DIVENCENZO V. CITY
OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $25,000.00
in Dominick DiVencenzo v. City of Delray Beach.
The City Attorney stated this is a settlement offer that the plaintiff has
offered to settle this case that arose out of an arrest of the plaintiff by a City of Delray
Beach Police Officer and the State Attorney's office. The Plaintiff spent 24 hours in jail
and filed several claims against the City as well as the officer.
Dr. Alperin moved to approve the settlement offer in the amount of
$25,000.00, seconded by Mrs. Gray. Upon roll call the Commission voted as follows:
Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes. Said
motion passed with a 4 to 0 vote.
9.C. SPECIAL EVENT REQUEST /13th ANNUAL GARLIC
FESTIVAL: Consider approval of a special event request for the 13th Annual Garlic
Festival to be held February 10 -12, 2012, and grant a temporary use permit per
LDR Section 2.4.6(F) for use of City rights -of -way to include N.E. lst Avenue from
Atlantic to the grass area at Old School Square, Swinton Avenue from Atlantic to N.E.
1st Street and Old School Square Park, from 6:00 a.m., February 10 through midnight,
February 12, 2012 and use of the Old School Square Parking Garage, CRA parking lots
in Block 60, City Hall north lot, City Attorney lot and the County Parking Garage, and
authorize staff support for traffic control and security, EMS assistance, barricading,
banner hanging, signage preparation and installation, use of a City generator, and waiver
of the two (2) hour parking limit in the downtown area during the event subject to the
conditions listed in the staff report.
Robert Barcinski, Assistant City Manager, stated this is a request for the
Commission to approve the 13th Annual Garlic Festival to be held on February 10 -12,
2012, to grant a temporary use permit for the closure of N.E. 1St Avenue from Atlantic to
the grass area at Old School Square, Swinton Avenue from Atlantic Avenue to N.E. 1St
Street and Old School Square Park, from 6:00 a.m., February 9, through midnight,
February 12, 2012; requested use of various parking areas and staff support for traffic
control, security, EMS, barricading, banner hanging, signage preparation and installation,
use of a City generator and a waiver of the two (2) hour parking limit in the downtown
area during the event. The proposed event site plan shows the fence line on N.E. 1St
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Avenue north to the Old School Square grounds and in the middle of the street This is a
change to allow access to the parking lot entrance off N.E. I" Avenue to the lot behind
Cabana El Rey. However, the property owner asked that the fence line be moved all the
way to the west. The site plan splits it down the middle of the street and the Police
Department recommends that we go all the way to the west. Mr. Barcinski stated Mr.
Ryan is representing the Garlic Fest and they are agreeable to the western boundary.
Therefore, that is no longer an issue and that fence line will be moved to the western
parking spaces. The overtime costs are approximately $14,860.00; signage costs $250.00
and barricades $200.00 of which the event producer pays 100% and pays 75% of the
overtime. Staff recommends approval subject to the conditions listed in the staff report.
Dr. Alperin asked if the City has always approved the waiver of the two
hour parking limit on Atlantic Avenue. Mr. Barcinski stated the City has done this for
quite a few years and noted that this is done for others as well.
Dr. Alperin moved to approve the Special Event Request for the 13 I
Annual Garlic Festival to be held February 10 -12, 2012, with the change in the boundary
for the fence and subject to the conditions listed in the staff report, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr.
Carney — Yes; Dr. Alperin — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0
vote.
9.D. COMMISSION LIAISON APPOINTMENTS /SEAT
#2: Reassignment of City Commission Seat #2 Liaison Appointments to various
Advisory Boards and outside agencies.
Dr. Alperin moved to approve Dr. Alperin to resume Liaison Assignments
to various Advisory Boards and outside agencies, seconded by Mrs. Gray. Upon roll call
the Commission voted as follows: Mr. Carney — Yes; Dr. Alperin — Yes; Mrs. Gray —
Yes; Mayor McDuffie — Yes. Said motion passed with a 4 to 0 vote.
9.E. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD:
Appoint one (1) regular member to serve a two (2) year term ending August 31, 2013 to
the Historic Preservation Board. Based upon the rotation system, the appointment will be
made by Commissioner Gray (Seat #4).
Mrs. Gray moved to appoint Samuel Spear as a regular member to the
Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2013,
seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin —
Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed
with a 4 to 0 vote.
9.F. APPOINTMENTS TO THE CODE ENFORCEMENT
BOARD: Appoint one (1) regular member and one (1) alternate member to the Code of
Enforcement Board to serve unexpired terms ending January 14, 2013. Based upon the
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rotation system, the appointments will be made by Mayor McDuffie (Seat #5) and
Commissioner Carney (Seat #1).
Mayor McDuffie stated he wished to appoint Ronald Gilinsky as a regular
member to the Code Enforcement Board to serve an unexpired term ending January 14,
2013, Dr. Alperin so moved, seconded by Mrs. Gray. Upon roll call the Commission
voted as follows: Mrs. Gray — Yes; Mayor McDuffze — Yes; Mr. Carney — Yes; Dr.
Alperin — Yes. Said motion passed with a 4 to 0 vote.
Mr. Carney stated he would like to defer his appointment to the next
regular meeting of September 20, 2011.
9.G. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint
one (1) regular member to the Board of Adjustment to serve an unexpired term ending
August 31, 2012. Based upon the rotation system, the appointment will be made by
Commissioner Carney (Seat #1).
Mr. Carney stated he would like to defer his appointment to the next
regular meeting of September 20, 2011.
9.H. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) regular member for Zone 2 to the Neighborhood Advisory
Council to serve a three (3) year term ending July 31, 2014. Based upon the rotation
system, the appointment will be made by Commissioner Carney (Seat #1).
Mr. Carney moved to appoint Stephen Lampel (Zone 2) as a regular
member to the Neighborhood Advisory Council to serve a three (3) year term ending July
31, 2014, seconded by Dr. Alperin. Upon roll call the Commission voted as follows:
Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mrs. Gray — Yes. Said
motion passed with a 4 to 0 vote.
9_I. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint
one (1) alternate member to the Financial Review Board to serve an unexpired term
ending July 31, 2013. Based upon the rotation system, the appointment will be made by
Commissioner Alperin (Seat #2).
Dr. Alperin moved to appoint David Stein as an alternate member to the
Financial Review Board to serve an unexpired term ending July 31, 2013, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Dr.
Alperin — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 4 to
0 vote.
99.1 APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint
one (1) regular member to the Police Advisory Board to serve an unexpired term ending
July 31, 2012. Based upon the rotation system, the appointment will be made by
Commissioner Gray (Seat 94).
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Mrs. Gray stated she would like to defer her appointment to the next
regular meeting of September 20, 2011.
The City Clerk stated since Mrs. Gray's appointment was previously
deferred it will now roll over to the next Commissioner.
9.K. APPOINTMENT TO THE KIDS AND COPS COMMITTEE:
Appoint one (1) At- Large - Representative to the Kids and Cops Committee to serve a two
(2) year term ending July 31, 2013. Based upon the rotation system, the appointment will
be made by Commissioner Gray (Seat #4).
Mrs. Gray moved to reappoint Phyllis Willingham (At- Large-
Representative) to the Kids and Cops Committee to serve a two (2) year term ending July
31, 2013, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Dr.
Alperin — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said
motion passed with a 4 to 0 vote.
At this point, the time being 6:48 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 29 -11: Consider a city - initiated amendment to the
Land Development Regulations (LDR) Section 4.4.13 "Central Business (CBD) District ",
Subsection (G), "Supplemental District Regulations" and Section 4.4.24, "Old School
Square Historic Arts District (OSSHAD) ", Subsection (G), "Supplemental District
Regulations" to clarify the parking requirements for restaurants. If passed, a public
hearing will be held on September 20, 2011.
The caption of Ordinance No. 29 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.13, "CENTRAL BUSINESS
(CBD) DISTRICT ", SUBSECTION (G),
"SUPPLEMENTAL DISTRICT REGULATIONS ",
SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OSSHAD) ", SUBSECTION (G),
`SUPPLEMENTAL DISTRICT REGULATIONS ", TO
CLARIFY THE PARKING REQUIREMENTS FOR
RESTAURANTS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE,
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office.)
(The official copy of Ordinance No. 29 -11 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is a
reconsideration of what was previously Ordinance No. 20 -11 and has been renumbered to
Ordinance No. 29 -11 and involves a proposal to increase the parking from 6 per 1,000 to
12 per 1,000 square feet for restaurants to be equal to parking requirements City -wide.
Mr. Dorling stated there were discussions that came up at the previous meeting that
related to what the City had previously required for parking. He stated the CBD (Central
Business District) was created in the 1970's and had different restaurant parking which
began at 10 per 1,000 and was changed to 1 per 300 then went to 12 per 1,000 and went
back to 1 per 300 and then went to 6 per 1,000. Mr. Darling stated there is also a
discussion about restaurant parking ration comparisons and whether 12 per 1,000 were
reasonable for restaurants. He stated with a 1,000 square foot restaurant there is a
potential for 40 seats; if you assume 2 per vehicle this would equate to an actual parking
impact of 1,000 restaurants of 20 vehicles for the patrons and that does not factor in any
number of spaces for employees and these types of uses generate high employee rates.
Mr. Dorling stated it also does not assess any parking requirements for outside sidewalk
cafds. He stated he has also provided some details of what other cities and municipalities
do in Palm Beach County and the cities rates are consistent with them and range from 16
per 1,000 to 1 per 1,000 in one particular area in West Palm Beach. Mr. Dorling stated
staff also looked at other planning organizations recommendations on restaurant numbers
and the Urban Land Institute recommends 14 spaces per 1,000 and the Institute of
Transportation Engineers recommends 13 spaces per 1,000. Mr. Dorling stated 12 spaces
is reasonable and does not meet the actual demand that these sorts of uses actually create.
Mr. Dorling stated there is discussion in the backup information about the diversity of
uses and this area corresponds with Cluster 4 that was never adopted by the City
Commission but provided valuable insight and some direction with respect to what
businesses we should try to recruit going forward. Mr. Dorling stated this modification in
no way prohibits the conversion of retail space to restaurants in this small area; it will
however make it less attractive to locate a restaurant in this five block area which has
seen a proliferation of restaurant uses. It will also have an effect of increasing interest in
other areas for restaurant conversions that have not seen the proliferation which would
include places like Pineapple Grove, West Atlantic Avenue and other parts of the CBD.
Dr. Alperin supports passing this ordinance in this form and that will give
the Commission a chance to modify it and to also hear public comments on it too.
Mr. Carney stated when this was Ordinance No. 20 -11 and was assured by
staff that the vacant property there would be included if there were ever a change in use
from its current vacant lot status into when someone actually applied to do something
there that whatever was passed those requirements would apply to that property as
improved. Mr. Dorling stated the ordinance as written says that the CBD within that area
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described including that parcel would be subject to the ordinance. The property does not
have the potential to be developed into retail or commercial uses and as soon as it is
developed for commercial uses it would apply.
Mr. Carney expressed concern that sidewalk cafes are not included in the
parking calculations.
Mrs. Gray stated she supports this ordinance this evening and is looking
forward to the incentive that the City will be coming up with shortly. She expressed
concern over the valet queues and asked if this is something that staff is going to be
looking at as well as the pricing of them and the manning of the parking garages.
Mayor McDuffie stated while he agrees that we need to take a look at this
because we need to encourage retail in Delray but he does not see that we are addressing
that here. However, Mayor McDuffie stated he supports passing this on for second
reading.
Dr. Alperin moved to approve Ordinance No. 29 -11 on FIRST Reading,
seconded by Mr. Carney. Upon roll call the Commission voted as follows: Dr. Alperin —
Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed
with a 4 to 0 vote.
At this point, the time being 7:01 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. RESOLUTION NO. 34 -11 TENTATIVE MILLAGE LEVY): A
resolution tentatively levying a tax on all properties within the City of Delray Beach for
operation and maintenance and for payment of principal and interest on bonded
indebtedness for FY 2012.
office.)
The caption of Resolution No. 34 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO TENTATIVELY LEVY
A TAX ON ALL PROPERTIES WITHIN THE CITY OF
DELRAY BEACH, FLORIDA, FOR MAINTENANCE
AND OPERATION, AND TO TENTATIVELY LEVY A
TAX FOR THE PAYMENT OF PRINCIPAL AND
INTEREST ON BONDED INDEBTEDNESS, AND TO
ALLOCATE AND APPROPRIATE SAID
COLLECTIONS THEREUNDER.
(The official copy of Resolution No. 34 -11 is on file in the City Clerk's
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A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
The City Attorney stated this is a tentative millage levy for the City of
Delray Beach of 7.19 which is 4.03% below the rolled -back millage rate of 7.4922.
Mayor McDuffie declared the public hearing open.
The City Manager stated the City's millage this year is lower than it was
in 2006 and the total tax roll is lower than it was in 2006. He stated the City's property
tax levy has been decreased below what it was in 2006 and anyone's whose taxes have
increased is because of the distortions in the property tax system not because of the taxes
the City is levying overall.
Steve Blum, Antilles Homeowners Association stated he spent all day
today reviewing the preliminary 2012 budget (367 pages) and he wants the same union
that represents the Police, Fire, and City employees to represent him. Mr. Blum stated
they convinced the City Commission at the time that Delray Beach could forever afford
their demands of high wages, great benefits, and lucrative retirements. He stated they
convinced our leaders that the citizens of Delray Beach had bottomless pockets of cash
and could raise taxes at any time. Mr. Blum stated the road they are on is unsustainable.
Mr. Blum stated all over this country people are selling their buildings and homes not
because they cannot afford the mortgage anymore but because they cannot afford the
taxes or insurance being levied upon them. He also commented about the fire
assessment fee. Mr. Blum stated he would like to see the City cut their services more and
look at raising taxes a lot less. He stated he would like to see recommendations from the
City Commission on where we can cut instead of raising taxes.
Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach ), stated over the last couple of years he has attended numerous financial meetings
and thanked the City Manager for the phenomenal job with getting everyone through the
budget process.
Yvonne Odom, 3905 Lowson Boulevard, Delrav Beach, FL 33445,
stated she is opposed to the City's proposal regarding taxing the young people for use of
the athletic field. Mrs. Odom stated kids walk from their homes to Pompey Park and
urged the Commission to reconsider the $5.00 fee. Also, she thanked the City for the
many years of supporting the activities at Pompey Park.
Christina Morrison Pearce. 2809 Florida Boulevard Ant. #207, Delrav
Beach, FL 33483, publicly thanked the City Manager for his participation in the 6 pillars
project with the Economic Council and for his financial leadership. Ms. Pearce stated she
agrees that the tax base is way down and in reviewing the budget she suggested that the
parking fees and valet fees be increased. She suggested that the City have electronic
surveillance in the garages and feels this could make the garages flourish. Ms. Pearce
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stated over 14% of the City's budget goes towards Parks and Recreation. She stated
several employees have not had raises in many years.
Ed McCall 3909 Maurice Drive Delray Beach FL 33445 commented
about the newsletter regarding input from residents to look for ways to cut expenses and
not affect needy programs and services and stated when he is downtown he sees
volunteer police walking and riding around in the CBD. Mr. McCall stated this is a nice
program for retirees but it is costing the City a lot of money. Mr. McCall stated that he
would rather see these volunteers as ambassadors with the Chamber of Commerce.
There being no one else from the public who wished to address the
Commission regarding Resolution No. 34 -11, the public hearing was closed.
Dr. Alperin moved to approve Resolution No. 34 -11 (Tentative Millage
Levy), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs.
Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes. Said motion
passed with a 4 to 0 vote.
10.B. RESOLUTION NO. 35 -11 (TENTATIVE MILLAGE LEVY/DDA)_
A resolution tentatively levying a tax of one mill on all properties within the Downtown
Development Authority Taxing District of the City of Delray Beach for FY 2012.
The caption of Resolution No. 35 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO TENTATIVELY LEVY
A TAX ON ALL PROPERTIES WITHIN THE
DOWNTOWN DEVELOPMENT AUTHORITY TAXING
DISTRICT OF THE CITY OF DELRAY BEACH,
FLORIDA, FOR MAINTENANCE AND OPERATION,
AND TO APPROPRIATE SAID COLLECTIONS
THEREUNDER.
(The official copy of Resolution No. 35 -11 is on file in the City Clerk's
office.)
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
The City Attorney stated Resolution No. 35 -11 is setting the tentative
millage levy for the DDA at 1.0 mill and it is greater than the rolled -back rate of 0.9860
by 1.42 %.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission, the public hearing was closed.
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Dr. Alperin moved to approve Resolution No. 35 -11, seconded by Mr.
Carney. Upon roil call the Commission voted as follows: Mayor McDuffie -- Yes; Mr.
Carney — Yes; Dr. Alperin — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0
vote.
10.C. RESOLUTION NO. 36 -11 TENTATIVE BUDGET ADOPTION
FOR FY 2012): A resolution tentatively making appropriations of sums of money for all
necessary expenditures of the City of Delray Beach for the period October 1, 2011
through September 30, 2012.
The caption of Resolution No. 36 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, MAKING
TENTATIVE APPROPRIATIONS OF SUMS OF
MONEY FOR ALL NECESSARY EXPENDITURES OF
THE CITY OF DELRAY BEACH FOR THE PERIOD
FROM THE lst DAY OF OCTOBER, 2011, TO THE 30`x'
DAY OF SEPTEMBER, 2012; TO PRESCRIBE THE
TERMS, CONDITIONS AND PROVISIONS WITH
RESPECT TO THE ITEMS OF APPROPRIATIONS AND
THEIR PAYMENT; AND TO REPEAL ALL
RESOLUTIONS WHOLLY IN CONFLICT WITH THIS
RESOLUTION AND ALL RESOLUTIONS
INCONSISTENT WITH THIS RESOLUTION TO THE
EXTENT OF SUCH INCONSISTENCY.
(The official copy of Resolution No. 36 -11 is on file in the City Clerk's
office.)
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor McDuffie declared the public hearing open.
Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane ##2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach ), stated this is the easiest in the last three years that he has seen this budget
accomplished and it is being evenly distributed. However, Dr. Kirson suggested
eliminating the shortfall from the PBA.
The City Manager stated this is the 5a' year in a row that the City has
reduced its budget. In addition, the City Manager stated in looking at 2006, the City's
pension cost have gone up $2.5 million of which $100,000 is General Employees and
$2.4 million is Police & Fire and health insurance costs have gone up approximately
$850,000. The City Manager stated the City has absorbed those increases at the same
time we have been cutting the budget. He stated overall staff has worked very hard to
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make this happen with minimal impact on the service the City provides.
Mrs. Gray moved to approve Resolution No. 36 -11 (Tentative Budget
Adoption for FY 2012), seconded by Dr. Alperin. Upon roll call the Commission voted
as follows: Mr. Carney — Yes; Dr. Alperin — Yes; Mrs. Gray — Yes; Mayor McDuffie —
Yes. Said motion passed with a 4 to 0 vote.
11.13. From the Public.
11.13.1. Dr. Victor Kirson D.D.S. 2050 Alta Meadows Lane #2110 Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach ), stated Delray Beach is building two hotels to have more room for tourists but
something as simple as three foot wide and one foot high stretching as far as you could
see it on the beach at A-1 -A and Atlantic will turn the tourists away once it gets here. Dr.
Kirson stated he was informed that we used to clean the beach five days a week but
because of budget cuts we reduced it to three. He stated he would like to see this go back
to five days a week and stated over the labor holiday weekend it looked terrible.
11.B.2. Gladys Whi ham Assistant City Commissioner for Priscilla Taylor,
stated on behalf of the Palm Beach County Commission, Priscilla Taylor would like to
extend warm congratulations to Dr. Alperin on his recent appointment and wishes him
well on his tenure. Ms. Whigham stated Commissioner Taylor's district (District 7)
extends from Linton Boulevard in Delray Beach to Lake Park north incorporating ten
municipalities. Ms. Whigham stated there is an informational meeting being held on
Thursday, September 15, 2011 from 2:00 -7:00 p.m. in Palm Beach Gardens and the
purpose of this informational meeting is to get the local communities of Palm Beach
County actively involved and get jobs back in the community. Ms. Whigham stated there
is a $900 million contract that has been awarded to build the new Waste -to- Energy
facility in Palm Beach County and there are going to be various opportunities for a
number of jobs for local contractors, vendors, and suppliers are made aware of this. Ms.
Whigham stated the website is: www.swa- wteproject.com or call Commissioner Taylor's
office (561)355 -2207 or (561)276 -1350 for additional information.
11.B.3. Al Jacquet, 236 S.E. 3'd Avenue, Delray Beach, FL 33483, sneaking as
a citizen of Delray Beach, the State of Florida has just completed its 26 meetings around
the State doing the redistricting process. Mr. Jacquet stated discussions around the State
dealt with Orlando gaining one congressional seat and the State of Florida is gaining two
congressional seats because of the population growth; one is going to be around Orlando
and the other one in South Florida. He stated Amendments 5 and 6 passed last year and
noted that Amendment 6 is being challenged by two congresspersons. Mr. Jacquet stated
one of the biggest issues right now is they are trying to make sure they comply with
Amendment 5 which asks that they draw the districts to be compact and also dealing with
Section 2 of the Voting Rights Act asking that they take into consideration race and
language when drawing the lines as well. He stated Delray Beach was not a big topic
with regard to the redistricting so this means the representation we have here now is fine.
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09/06/11
11.B.4. Ed McCall, 3909 Maurice Drive, Delray Beach, FL 33445, expressed
concern over the parking issue downtown during the day and stated when you get off the
side streets the parking limits are inconsistent (2 hours, 4 hours and 6 hours) on different
lots. Mr. McCall stated he does not like to see people getting a parking ticket during the
day when they are downtown spending money either in the restaurants or businesses or a
tourist from out -of -state getting a parking ticket. He stated he is not talking about the
metered parking. Mr. McCall stated this needs to be made friendlier and suggested that
the parking be free during the day.
11.11.5. Yvonne Odom, 3905 Lowson Boulevard, Delray Beach, FL 33445,
stated when she took her grandchildren to the beach over the summer she noted the
parking maximum is 2 hours so you cannot put any more money into the meter which
makes this inconvenient for people. Mrs. Odom stated most people spend more than two
hours at the beach and suggested extending this so that people can put more money into
the meters or eliminate it altogether.
11.B.6. Evelyn Dobson, 130 N.W. 3�d Avenue, Delray Beach, FL 33444,
commended the City Commission, the City Manager and staff for the improvements that
are taking place west of Swinton Avenue. Ms. Dobson stated she has been a resident for
over 35 years and is happy to see the beautification projects that are taking place on
Martin Luther King Boulevard from Swinton Avenue to N.W. 12d' and the improvements
that are taking place on S.W. 12th.
11.A. City Manager's response to prior public comments and inquiries.
None.
At this point, the time being 7:35 p.m., the Commission moved back to
Item 12.B., Furst Readings.
12.B. ORDINANCE NO. 27 -11: Consider amendments to the Community
Redevelopment Agency (CRA) Plan. If passed, a public hearing will be held on
September 20, 2011.
The caption of Ordinance No. 27 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
MODIFYING THE COMMUNITY REDEVELOPMENT
PLAN FOR THE CITY OF DELRAY BEACH; FINDING
THAT THE MODIFICATIONS CONFORM TO THE
COMMUNITY REDEVELOPMENT ACT OF 1969, AS
AMENDED; FINDING THAT THE MODIFICATIONS
ARE CONSISTENT WITH THE CITY OF DELRAY
BEACH'S COMPREHENSIVE PLAN, AND MAKING
FURTHER FINDINGS PURSUANT TO THE
APPLICABLE REQUIREMENTS OF FLORIDA
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09/06/11
office.)
STATUTE 163.360; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 27 -11 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated the CRA
Plan establishes projects and programs to be undertaken by the CRA in the coming years.
Mr. Dorling stated this was originally adopted in 1986 and has been amended several
times and the latest amendment was in December 2009. Mr. Dorling stated if approved,
it will supersede the current redevelopment plan that is in place now. The proposed
amendments are detailed in the staff report in particular the Planning and Zoning staff
report but they basically include updated information on current plans, project and
program descriptions and the addition of two new projects and an updating of the maps to
reflect current conditions and potential future acquisitions.
At its meeting of July 6, 2011, the Pineapple Grove Main Street Executive
Board reviewed the amendments and recommended approval with no changes. At its
meeting of July 11, 2011, the Downtown Development Authority (DDA) reviewed the
amendments and they requested more emphasis on parking improvements and business
facility upgrades on Osceola Park and those improvements have been incorporated in the
Community Redevelopment Plan. At its meeting of July 12, 2011, the West Atlantic
Redevelopment Coalition (WARC) reviewed the amendment but recommended the
addition of a new "economic diversity statement' to the program objectives of several
sections, in order to promote CRA contracts with more minority -owned businesses
located within the CRA District. The CRA Board declined to include the statement in the
proposed amendment.
At its meeting of August 15, 2011, the Planning and Zoning Board
reviewed the amendments and recommended approval.
Dr. Alperin stated it is exciting to see the changes and noted 12 -22 years
ago he used to watch the CRA struggling to get Atlantic Avenue east of Swinton Avenue
going.
Mr. Carney stated the CRA does great work.
Mrs. Gray stated she too thinks that the CRA does great work and we have
wonderful partnerships throughout the City. She suggested that the CRA appoint their
WARC members.
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Elizabeth Burrows, representative from the Community
Redevelopment Agency, stated WARC is in the process of going through its bylaws and
taking a look at not only the number of Board members that they have and the number of
positions they require on that Board but also how those Board members are selected, the
application process, and the terms that they would serve. Mrs. Burrows stated WARC's
next meeting is actually scheduled for Tuesday, September 13, 2011 at 6:00 p.m. at the
Delray Beach Public Library. She stated with regard to the CRA Board appointing
members to WARC that has never actually been the case and speaking on behalf of
WARC they prefer to maintain a certain level of sovereignty from the CRA in those types
of decisions.
Dr. Alperin moved to approve Ordinance No. 27 -11 on FIRST Reading,
seconded by Mr. Carney. Upon roll call the Commission voted as follows: Dr. Alperin —
Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed
with a 4 to 0 vote.
12.C. ORDINANCE NO. 28 -11: Consider an ordinance which
provides definitions for fraud, waste, abuse, misconduct and mismanagement related to
the Palm Beach County Inspector General. If passed, a public hearing will be held on
September 20, 2011.
The caption of Ordinance No. 28 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 10, "GENERAL PROVISIONS ".
BY AMENDING SECTION 10.05, "DEFINITIONS ", BY
ADOPTING A PREAMBLE ALONG WITH FIVE (5)
NEW DEFINITIONS WHICH SHALL BE INCLUDED
AMONG THE EXISTING DEFINITIONS IN
ALPHABETICAL ORDER; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 28 -11 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated the
Inspector General ordinance was adopted by Palm Beach County in 2010 and provides
that the Inspector General can provide oversight into transactions involving local
governments. These definitions will help provide clarity to employees, officials, and
vendors as far as what we would consider to be misconduct, mismanagement, fraud, or
abuse. The City Attorney stated there is also a provision in the County ordinance that
provides that the City Manager would have to report allegations of mismanagement or
fraud within the City.
Brief discussion by the Commission ensued.
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09/06/11
Mr. Carney moved to approve Ordinance No. 28 -11 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray —
Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes. Said motion passed
with a 4 to 0 vote.
12.D. ORDINANCE NO. 30-11: Consider an Ordinance amending Chapter 96,
"Fire Safety and Emergency Services ", of the Code of Ordinances, by amending Section
96.16, "Certain Codes Adopted by Reference ", to promote clarity, conciseness, and a
common sense methodology. If passed, a public hearing will be held on September 20,
2011.
official).
The caption Ordinance No. 30 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 96, "FIRE SAFETY AND
EMERGENCY SERVICES ", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 96.16,
"CERTAIN CODES ADOPTED BY REFERENCE ", TO
CLARIFY THE REQUIREMENTS FOR
RECONSTRUCTION; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 30 -11 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Lieutenant Jim Tabeek, Fire - Rescue Department, stated he is present for
any questions the Commission may have.
Dr. Alperin moved to approve Ordinance No. 30 -11 on FIRST Reading,
seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor
McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mrs. Gray — Yes. Said motion
passed with a 4 to 0 vote.
12.E. ORDINANCE NO. 31 -11: Consider an amendment to Chapter 35,
"Employee Policies and Benefits ", Section 35.089, "Definitions ", to revise the definition
of "Normal Retirement Date ". If passed, a public hearing will be held on September 20,
2011.
The caption of Ordinance No. 3 1 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
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AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS ", SECTION, "35.089, "DEFINITIONS
TO REVISE THE DEFINITION OF "NORMAL
RETIREMENT DATE"; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 31 -11 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated this
ordinance clarifies the normal retirement date for the people who were hired after
October 6, 2010. However, the City Attorney stated staff did not take into account where
we had employees who may have been employed prior to that date, that had left
employment and were vested, and now have come back and have been re- employed by
the City. Therefore, he stated staff has clarified that their prior retirement will be under
the old system and since they were hired back after October 6, 2010, that amount of
money they would receive from that retirement will be governed by the rules that are in
affect after October 6, 2010.
Dr. Alperin moved to approve Ordinance No. 31 -11 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney —
Yes; Dr. Alperin — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed
with a 4 to 0 vote.
12.F. ORDINANCE NO. 26 -11: Consider a city - initiated amendment to the
Land Development Regulations (LDR), to amend Article 2.2, "Establishment of Boards
Having Responsibilities for Land Development Regulations ", and to amend Section
4.4.6, "Medium Density Residential (RM) ", to provide for housekeeping corrections to
outdated references. If passed, a public hearing will be held on September 20, 2011.
The caption of Ordinance No. 26 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF 'THE CITY OF DELRAY BEACH,
BY AMENDING SECTIONS 2.2.1, "GENERAL
PROVISIONS ", 2.2.2, "THE PLANNING AND
ZONING BOARD ", SUBSECTIONS (A), "CREATION"
AND (E), "DUTIES, POWERS, AND
RESPONSIBILITIES "; 2.2.3, "THE SITE PLAN
REVIEW AND APPEARANCE BOARD ",
SUBSECTION (D), "DUTIES, POWERS, AND
RESPONSIBILITIES "; 2.2.4, "THE BOARD OF
ADJUSTMENT", SUBSECTION (A), "CREATION ";
AND 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM)
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office.)
DISTRICT", SUBSECTION (H), "SPECIAL
REGULATIONS ", TO CORRECT OUTDATED
REFERENCES THEREIN; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 26 -11 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated this
ordinance proposes housekeeping corrections where previous amendments to the LDRs
changed section numbers and placement without a corresponding change to those
sections referenced elsewhere in the Code.
At its meeting of August 15, 2011, the Planning and Zoning Board
recommended approval with a 6 to 0 vote (Connor Lynch absent).
Dr. Alperin moved to approve Ordinance No. 26 -11 on FIRST Reading,
seconded by Mr. Carney. Upon roll call the Commission voted as follows: Dr. Alperin -
Yes; Mrs. Gray - Yes; Mayor McDuffie - Yes; Mr. Carney - Yes. Said motion passed
with a 4 to 0 vote.
12.G. ORDINANCE NO. 33 -11: Consider an amendment Amending Chapter
91, "Animals ", Section 91.03, "Trapping, Hunting Birds "; Chapter 95, "Emergency
Management ", Section 95.05, "Declaration of a State Of Emergency ", and Section 95.09,
"Police Emergencies "; Chapter 96, "Fire Safety and Emergency Services ", Section 96.25,
"Discharge Or Use of Fireworks, Pyrotechnic Devices and Special Effects"; Chapter 101,
"Parks, Beaches and Recreation ", Section 101.20, "Firearms and Weapons; Fireworks ",
Section 101.36, "Additional Rules Applying to Parks, Recreational Facilities and the
Municipal Beach ", Subsection 101.36(D), "Safety Hazards ", and Subsection 101.36(E),
"Nuisances at Parks, Recreational Facilities and Municipal Beach Sites "; and Chapter
132, "Offenses Against Public Peace and Safety ", by repealing Section 132.02,
"Disturbing the Peace; Public Places ", of the Code Of Ordinances, to conform with
regulations set forth in House Bill 45 amending Section 790.33, Florida Statutes and to
otherwise comply with State and Federal Statutes. If passed, a public hearing will be held
on September 20, 2011.
The caption of Ordinance No. 33 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 91, "ANIMALS ", SECTION
91.03, "TRAPPING, HUNTING BIRDS "; CHAPTER 95,
"EMERGENCY MANAGEMENT ", SECTION 95.05,
"DECLARATION OF A STATE OF EMERGENCY ",
AND SECTION 95.09, "POLICE EMERGENCIES";
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office.)
CHAPTER 96, "FIRE SAFETY AND EMERGENCY
SERVICES ", SECTION 96.25, "DISCHARGE OR USE
OF FIREWORKS, PYROTECHNIC DEVICES AND
SPECIAL EFFECTS "; CHAPTER 101, "PARKS,
BEACHES AND RECREATION ", SECTION 101.20,
"FIREARMS AND WEAPONS; FIREWORKS ",
SECTION 101.36, "ADDITIONAL RULES APPLYING
TO PARKS, RECREATIONAL FACILMES AND THE
MUNICIPAL BEACH ", SUBSECTION 101.36(D),
"SAFETY HAZARDS ", AND SUBSECTION 101.36(E),
'NUISANCES AT PARKS, RECREATIONAL
FACILITIES AND MUNICIPAL BEACH SITES "; AND
CHAPTER 132, "OFFENSES AGAINST PUBLIC
PEACE AND SAFETY ", BY REPEALING SECTION
132.02, "DISTURBING THE PEACE; PUBLIC
PLACES ", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, TO CONFORM WITH
REGULATIONS SET FORTH IN HOUSE BILL 45
AMENDING SECTION 790.33, FLORIDA STATUTES
AND TO OTHERWISE COMPLY WITH STATE AND
FEDERAL STATUTES; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 33 -11 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Cathy Kozol, Assistant City Attorney/Police Legal Advisor, stated this
ordinance is done in response to the new House Bill 45 approved by the Governor on
June 2, 2011 and becomes effective October 2, 2011. Ms. Kozol stated House Bill 45
expands the Legislature's preemption in the field of firearms and ammunitions
regulations. She stated they want State consistency across the board between
municipalities and counties. The City is thus compelled to amend certain sections of the
Code of Ordinances to comply with this new legislation.
Dr. Alperin moved to approve Ordinance No. 33 -11 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray —
Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes. Said motion passed
with a 4 to 0 vote.
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
13.A. City Manager
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The City Manager stated Commissioner Carney had raised a question
about staff's response to public records requests. The City Manager noted the City
Clerk's response was very comprehensive and thorough and he has nothing to add to it.
B.B. City Attorney
The City Attorney had no comments or inquiries on non - agenda items.
13.C. City Commission
B.C.I. Dr. Alperin
Dr. Alperin stated he really noticed this evening especially with the
discussion regarding the budget he heard many more compliments than complaints and is
thrilled the City has the people it has working for it.
13.C.2. Mr. Carney
Mr. Carney commented about the public records requests and stated he
received correspondence related to the comparison between a public information request
made to an adjoining town and here and the scope of our compliance is so much greater.
Mr. Carney stated he asked the City Clerk to get back with him about how many public
information requests are made to the Town of Gulf Stream and they average three a
month and they do not provide any electronic copies in their response and is really
limited to hard copies compared to all the scopes of all the activities that we do here. Mr.
Carney stated it is really not a fair comparison and felt that the City Clerk's response was
comprehensive and he is happy that staff is initiating a change to the website giving
people a general idea what to expect.
Secondly, Mr. Carney stated with regard to reprioritizing expenses, etc. he
understands the importance of getting the pavilion done and noted there are a variety of
projects that are very important. He stated the City is not hiring in certain departments
are not hiring because of the budget issue and feels a lot is being done to address staffing.
Lastly, Mr. Carney stated there were several comments this evening
regarding parking which relate to the need of a comprehensive review of all the parking
in the city and downtown as to how we want to address parking on the side streets and
how we want to encourage the use of the parking garage. Mr. Carney stated the lack of
security that some perceive in the parking garage warranted or unwarranted needs to be
address and we need to do everything we can to assure anyone who parks there that they
will be as safe as they can be. He stated there has been some discussion about creation of
valet parking at the parking garages.
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13.C.3. Mrs. Gray
Mrs. Gray stated she attended the Florida League of Cities Conference in
Orlando they talked about the internet cafes and asked staff to look into this because this
may become a big problem. She stated these internet cafes are setting up throughout
Florida and would like to get information on that now so that we can be prepared when
they start asking for permits or opening up in the city. The City Manager stated he has
brought this issue to the City Attorney's attention and to Mr. Dorling's attention.
Secondly, Mrs. Gray stated with regard to Mrs. Odom's comments about
the fee for athletes to participate in our city, she would like to look at some of the fields
because she feels there is a lot of income at the soccer complex with tournaments and the
uses of the City's fields throughout the year. She stated they use the field ten months out
of the year and they actually sublease to other companies and she does not know if this is
in the agreement or not but feels those are dollars that the City could be receiving instead
of another organization.
Lastly, Mrs. Gray stated she knows the Community Redevelopment
Agency (CRA) is getting away from low income housing and wants to make sure that
they are still looking at workforce housing and not just getting rid of housing altogether.
13.C.4. Mayor McDuffie
Mayor McDuffie commended the City Clerk on her, response about public
records request. He stated he feels that things are responded to here as expeditiously as
possible.
Secondly, Mayor McDuffie stated with regard to affordable housing he
was looking for some rental property for a young single mom in Palm Beach County who
approached him and wanted to know what he could find. He stated he did some research
and today had a conversation with Dorothy Ellington regarding HUD assistance. Mayor
McDuffie stated they put out a press release for applications for housing and the Delray
Beach Housing Authority received 7,000 applications. This year they will put 1,000
people on the waiting list and for rental communities it may be 20 years before these
people have housing available in these numbers.
Secondly, Mayor McDuffie stated Delray Beach will now have a PGA
Superstore located at 1060 Linton Boulevard.
Mayor McDuffie commented about the Grand Opening for Aldi Grocery
Store. He stated this is a very positive step for us to have people and businesses of this
magnitude move into our community in these tough times.
At this point, Mr. Carney stated he was happy to represent the Mayor at
the Grand Opening. He stated he had the opportunity to speak to several of the other
shop owners and they are thrilled with the foot traffic this is going to generate. He stated
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he welcomes the addition and is glad they had confidence in Delray Beach to open the
store.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 8:09 p.m.
ATTEST:
MAYOR
� J
City Clerk
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on September 6, 2011, which Minutes were formally approved and adopted by the City
Commission on September 20, 2011.
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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