11-29-11 Special Meeting MinutesSPECIAL MEETING
NOVEMBER 29, 2011
A Special Meeting of the City Commission of the City of Delray Beach, Morida, was called to order
by Mayor Nelson S. McDuffie in the Conference Room at 1801 North Congress Avenue at 6:00
p.m., on Tuesday, November 29, 2011.
Roll call showed:
Present - Commissioner Thomas F. Carney, Jr.
Commissioner Jay Alperin
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
Mayor Nelson S. McDuffie called the special meeting to order and announced that it had been called
for the purpose of considering the following Items.
SPECIAL MEETING AGENDA
1. Non - Residential Fire Assessment Fees: Reconsideration of the fee structure for non-
resident fire assessment fees.
Mr. Carney stated he would like to discuss certain aspects of the residential fee to raise additional
points for consideration. Mr. David T. Harden, City Manager, stated we have a rate structure
that the Commission tentatively approved, that we will base our notices on, that treats all non-
residential uses the same. Objections were raised by Ms. Pearce that the value on a per square
foot basis for industrial and warehouse buildings are less and most cities charge less for those
types of uses and she would like to see us do the same thing. The simplest thing to do would be
to keep the structure the way we have proposed. Mr. Harden stated the consultant recommends
looking at the average per square foot value for other non - residential uses compared to per
square foot value for industrial and warehouses; and set up a fee structure that would be
different based on those two averages. It would take them 4 or 5 days to write the numbers for
that approach. Mr. Harden reiterated that we need to send out notices to every property owner
of what their assessment will be and we need to know what kind of fee structure to use on the
notice. Commission will not actually vote on the fees until we have the public hearing and
everyone has received their notice.
Dr. Alperin asked if we reduce the amount for industrial where are we going to make it up. Mr.
Harden stated other cities charge more for office and commercial uses and charge less for
industrial and warehouse.
Mayor McDuffie stated that point is well taken since we have to come up with $3.1 million; and
what you take away from one will have to go to someone else when you change the rate
structure.
Dr. Alperin asked if our industrial is comparable to Boynton and Boca.
Mrs. Gray stated the commercial would be more.
Mr. Frankel stated he is in agreement with Commissioner Alperin in that to keep it the same
would be in line with our neighbors to the north and south; and this is the fairest way to go
forward.
Mrs. Gray stated we need to stay competitive with our neighboring cities.
Mr. Carney stated he is struggling with why the distinction between industrial and commercial.
He is reluctant to impose a higher burden on commercial since we are trying to attract both
commercial and industrial. He stated he read the emails but agrees with Dr. Alperin and Mrs.
Gray; and he is not convinced that we should do anything else other than what has been
established. Mr. Harden stated in dealing with industrial and warehouse fires you encounter
hazards that you would not encounter with other uses.
Interim Fire Chief Danielle Connor stated the fires present extreme hazards and explained this
further.
Mr. Carney thanked Mr. Harden for the information. He spoke regarding how we have
determined what the assessment will be regarding residential properties. He stated as a general
observation that are more calls and more potential for fires in some of the older neighborhoods
versus newer neighborhoods. He commented regarding the tiered structure and feels the set fee
for everyone is a better way to go.
Mayor McDuffie stated we have to be careful that we do not make this too complicated.
Mr. Frankel stated fire service is the same for everyone regardless of where you live. He feels
that having everyone pay the same fee is the most equitable way to do this.
Discussion continued between staff and Commission regarding the rate structure.
It was the consensus of Commission to proceed with the tiered rate structure.
Mayor McDuffte adjourned the Special Meeting at 6:30 p.m.
City Clerk
November 29, 2011
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday,
November 29, 2011, which Minutes were formally approved and adopted by the City Commission
on December 13, 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 amendments, additions or deletions to
the Minutes as set forth above.
November 29, 2011