01-17-12 Regular Meeting MinutesJANUARY 17, 2012
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Vice Mayor Gray in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, January 17, 2012.
1. Roll call showed:
Present- Commissioner Tom Carney
Commissioner Jay Alperin
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Absent - Mayor Nelson S. McDuffie
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 Reverend Kathleen Gannon 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.
Vice Mayor Gray stated the applicant has requested that Item 9.D.,
Special Event Reguest/Delray Beach Twilight Festival 5K Run, be removed from the
Regular Agenda.
Mr. Carney requested that Item 8.D., Change Order No. 1/Randolph &
Dewdney Construction Inc.tPomney Concession Stand, of the Consent Agenda be
moved to the Regular Agenda as Item 9.A.A.
Vice Mayor Gray stated there is updated information for Item 9.11.,
Discussion of the Garbage Rate Comparison. Also, Vice Mayor Gray stated there is
additional information for Item 10.A., Resolution No. 02 -12.
Mr. Frankel moved to approve the Agenda as amended, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Dr. Alperin — Yes; Mr.
Frankel — Yes; Vice Mayor Gray — Yes; Mr. Carney — Yes. Said motion passed with a 4
to 0 vote.
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5. APPROVAL OF MINUTES:
Mr. Frankel moved to approve the Minutes of the Regular Meeting of
January 3, 2011, seconded by Mr. Carney. Upon roll call the Commission voted as
follows: Mr. Frankel — Yes; Vice Mayor Gray — Yes; Mr. Carney — Yes; Dr. Alperin —
Yes. Said motion passed with a 4 to 0 vote.
Mr. Carney moved to approve the Minutes of the Special/Workshop
Meeting of January 10, 2012, seconded by Dr. Alperin. Upon roll call the Commission
voted as follows: Vice Mayor Gray — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mr.
Frankel --- Yes. Said motion passed with a 4 to 0 vote.
b. PROCLAMATIONS:
6.A. All People's Day ® — March 22, 201.2
Vice Mayor Gray read and presented a proclamation hereby proclaiming
March 22, 2012 as All People's Day in the City of Delray Beach. Susan Berkowitz -
Schwarz came forward to accept the proclamation and gave a few brief comments.
6.B. Recognizing Black History Month — February 2012
Vice Mayor Gray read and presented a proclamation hereby proclaiming
the month of February 2012 as Black History Month to Lula Butler, Director of
Community Improvement. Lula Butler, Director of Community Improvement, came
forward to accept the proclamation.
7. PRESENTATIONS:
7.A. RESOLUTION NO. 04 -12: Approve Resolution No. 04 -12 recognizing
and commending Michael Kosick for 30 years of dedicated service to the City of Delray
Beach.
office.)
The caption of Resolution No. 04 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING MICHAEL L. KOSICK FOR
THIRTY YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH.
(The official copy of Resolution No. 04 -12 is on file in the City Clerk's
Vice Mayor Gray read and presented Resolution No. 04 -12.
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Mr. Frankel moved to approve Resolution No. 04 -12, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mr. Carney -- Yes; Dr. Alperin
— Yes; Mr. Frankel — Yes; Vice Mayor Gray — Yes. Said motion passed with a 4 to 0
vote.
Mr. Kosick came forward to accept the resolution and thanked the City.
Chief Strianese came forward and gave a few brief comments.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. CONSENT TO ASSIGNMENT /CH2M HULL, INC. TO C112M HILL
ENGINEERS, INC.: Approve a Consent to Assignment agreement for professional
services, from CH2M Hill, Inc. to CH2M Hill Engineers, Inc.
8.13. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY (CRA)/DOWNTOWN ROUNDABOUT SHUTTLE: Approve an
Interlocal Agreement with the Community Redevelopment Agency (CRA) in the amount
of $300,000.00 per year which provides funding to the City for continued shuttle bus
operational and capital costs for FY 2012 and 2013.
8.C. JOINT PARTICIPATION AGREEMENT (JPA)/FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT): Approval to execute a Joint
Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) to
reimburse the City $300,000.00 for the operational and capital costs of the Downtown
Roundabout Shuttle.
8.D. CHANGE ORDER NO. I/RANDOLPH & DEWDNEY
CONSTRUCTION, INC./POMPEY CONCESSION STAND: Approve Change
Order No. 1 with Randolph & Dewdney Construction, Inc. for a contract time extension
of twenty (20) days and authorize the amount of $19,426.50 to be paid out of the
Contract's Contingency Allowance, for the reconstruction of the second floor of the
concession stand building.
8.E. EXTENDING FAMILY AND MEDICAL LEAVE ACT (FMLA)
BENEFITS TO DOMESTIC PARTNERS: Amend the Family Medical Leave Act
(FMLA) Administrative Policy to extend FMLA benefits so that employees in a
registered domestic partnership could care for their domestic partners in the same manner
as married employees can take FMLA leave to care for their spouses.
8.F. REVISED WORKFORCE HOUSING COVENANT/FLORANDA
MHP, LLC AND NEW CENTURY EXECUTIVE QUARTERS, LLC: Approve a
revised Workforce Housing Covenant, as proposed between the City and Floranda MHP,
LLC and New Century Executive Quarters, LLC.
8.G. RESOLUTION NO. 05-12 /AFFORDABLE HOUSING ADVISORY
COMMITTEE: Approve Resolution No. 05 -12 amending Resolution No. 12 -08 to
provide for changes to the Affordable Housing Advisory Committee.
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The caption of Resolution No. 05 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
RESOLUTION NO. 12 -08 TO PROVIDE FOR
CHANGES TO THE AFFORDABLE HOUSING
ADVISORY COMMITTEE; PROVIDING AN
EFFECTIVE DATE.
(The official copy of Resolution No. 05 -12 is on file in the City Clerk's
office.)
8.H. INVESTMENT ADVISORY SERVICES/PUBLIC FINANCIAL
MANAGEMENT (PFM) ASSET, LLC: Approve an agreement with Public Financial
Management (PFM) Asset, LLC to provide government investment advisory
services. The investment advisory services agreement will incorporate the City of Lake
Worth's RFP (10 -11 -102) as well as PFM's bid response.
8I. AGREEMENT/LANGTON ASSOCIATES, INC./LOCAL ENERGY
ASSURANCE PLAN (LEAP) & TRAINING: Approve an agreement with Langton
Associates, Inc. in the amount of $40,000.00 for providing services under the Local
Energy Assurance Plan Grant from the U.S. Department of Energy; subject to approval of
the final agreement by the City Attorney's Office. Funding is available from 101 -6354-
519 -31.90 (ARRA Economic Stimulus FD: Accounting & Auditing/Audit & Accounting
Fees).
8_1 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period January 3, 2012 through January 13, 2012.
8.K. AWARD OF BIDS AND CONTRACTS:
1. Bid award to F2 Industries, LLC in the estimated annual cost of
$94,920.00 for the purchase and delivery of Poly Phosphate for the
Water Treatment Plant. Funding is available from 441- 5122 -536-
52.21 (Water and Sewer Fund: Operating Supplies/Chemicals).
2. Bid award to Rosso Paving & Drainage, Inc. in the amount of
$36,000.00 for sidewalk construction along the alley just south of
20 North Swinton Avenue (the CRA). Funding is available from
334-3162-541-63.11 (General Construction Fund: Improvements
Other Than Buildings: Bikepaths /Sidewalks).
3. Bid award to Gulfstream Carpet, Inc. in the amount of $20,305.80
for approximately 1,134 yards of indoor /outdoor carpet with trim
for the Tennis Stadium. Funding is available from 334- 4145 -572-
46.90 (General Construction Fund: Repair & Maintenance
Services /Other Repair/Maintenance Costs).
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Mr. Carney moved to approve the Consent Agenda as amended, seconded
by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin — Yes; Mr.
Frankel — Yes; Vice Mayor Gray — Yes; Mr. Carney — Yes. Said motion passed with a 4
to 0 vote.
9. REGULAR AGENDA:
9.A.A. CHANGE ORDER NO. 1 /RANDOLPH & DEWDNEY
CONSTRUCTION, INCJPOMPEY CONCESSION STAND: Approve Change
Order No. 1 with Randolph & Dewdney Construction, Inc. for a contract time extension
of twenty (20) days and authorize the amount of $19,426.50 to be paid out of the
Contract's Contingency Allowance, for the reconstruction of the second floor of the
concession stand building.
Randal Krejcarek, City Engineer, stated this is a change order for the
Pompey Park concession stand for a contract time extension of twenty (20) days required
to perform additional scope for the reconstruction of the second floor of the concession
stand building. The additional work will cost $19,426.50 and will be paid from the
Contract's Contingency Allowance.
Mr. Carney stated any time we have a contract with a Change Order it
should not be placed on the Consent Agenda and that it be on the Regular Agenda to give
the Commission the opportunity to understand why there is a change. Mr. Carney stated
with respect to Change Orders in generally, he feels they need to be looked at very
carefully because when people contract to do a job for a certain price that people should
hold themselves to that price. Mr. Carney asked how much of the contingency is left
after the $19,426.50. Mr. Krejcarek stated the contingency was around $30,000.00 and a
small amount was taken out for testing leaving approximately $10,000.00. Mr. Carney
expressed concern that the contingency fund is 65% depleted in the first one month of the
construction.
Mr. Frankel stated he voted against this when this was previously
discussed and thought that a project corning in double of the original budget was
excessive. Mr. Frankel also stated that there would be a change order or two coming
forward and he cannot support this.
Vice Mayor Gray asked where the water damage was corning from. Mr.
Krejcarek stated the extent of the damage was water damage that you cannot see unless
you start peeling away the side of the building. Mr. Krejcarek stated when they started
taking away the side of the building to do the expansion of the second floor is when the
water damage was discovered. Staff brought on a structural engineer to give advice and
the recommendation was to take it all out and start over. Vice Mayor Gray asked how far
along are we with the project and are there any other unforeseen things that we may need
to look at. Mr. Krejcarek stated they are about 15% into the construction of this project.
At this point, Mr. Krejcarek stated staff does not foresee anything more like this
happening and all the demolition is complete.
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Mr. Carney stated he will support this because it is within the contingency.
However, he reiterated that as staff is 15% into this project they have depleted 65% of the
contingency funds and he will look very carefully at any future requests for change orders
to see whether or not staff could have anticipated that event within the original pricing
bid.
Dr. Alperin moved to approve Change Order No. l /Randolph & Dewdney
Construction, Inc./Pompey Concession Stand, seconded by Mr. Carney. Upon roll call
the Commission voted as follows: Mr. Frankel — No; Vice Mayor Gray — Yes; Mr.
Carney — Yes; Dr. Alperin — Yes. Said motion passed with a 3 to 1 vote, Commissioner
Frankel dissenting.
9.A. WAIVER REQUEST/CHASE BANK: Consider a waiver request to
Land Development Regulations (LDR) Section 4.4.12(F)(2), "Planned Commercial (PC)
District ", to reduce the minimum required floor area for a free standing structure from
6,000 square feet to 4,423 square feet for Chase Bank, located on the north side of Linton
Boulevard east of Military Trail within Delray Town Center. (Quasi- Judicial Hearing)
Vice Mayor Gray read the City of Delray Beach Quasi - Judicial rules into
the record for this item and all subsequent Quasi - Judicial items.
Chevelle D. Nubin, MMC, City Clerk, swore in those individuals who
wished to give testimony on this item.
Vice Mayor Gray asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2012 -014 into the record.
Mr. Dorling stated this is a waiver request to LDR Section 4.4.12(F)(2) to
reduce the minimum required floor area for a free standing structure from 6,000 square
feet to 4,423 square feet for the new Chase Bank which will be located in the Albertson's
shopping center. There is currently an old Blockbuster video store and they are
proposing to tear it down and put up a new Chase Bank. The existing square footage on
the blockbuster video store is 6,500 and this would be a reduction to 4,423 square feet.
Mr. Dorling stated this shopping center was approved in 1990 for 91,000 square feet of
shopping center and two 5,000 square feet out parcels. In 1991, a subsequent
modification shifted 3,500 square feet which is also below the minimum freestanding
floor area required by the LDRs. However, the bank square footage of 3,500 square feet
was approved for the Palm Beach County Bank (now known as TD Bank) prior to the
rezoning of the property to PC zone district in October 1, 1990, which now requires a
minimum of 6,000 square feet per building.
At its meeting of December 14, 2011, the Site Plan Review and
Appearance Board (SPRAB) reviewed the waiver request and recommended approval
with a 4 to 0 vote.
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The applicant was not present.
Vice Mayor Gray stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forward at this time. There
being no one from the public who wished to address the Commission regarding the
waiver request, the public hearing was closed.
Mr. Carney stated with regard to the site plan and in analyzing the size of
the structure, credit is not really given for the drive -thru which is part of the bank
structure although it is an exterior portion of the bank. Mr. Dorling stated Mr. Carney is
correct. Mr. Carney asked if the bank drive -thru were added would the applicant have
complied with the square footage. Mr. Dorling stated including the canopy area the
applicant would have complied with the square footage.
The City Attorney reviewed the Board Order with the Commission who
made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Dr. Alperin moved to adopt the Board Order as presented, seconded by
Mr. Carney. Upon roll call the Commission voted as follows: Vice Mayor Gray — Yes;
Mr. Carney — Yes; Dr. Alperin -- Yes; Mr. Frankel — Yes. Said motion passed with a 4 to
0 vote.
9.B. INTERLOCAL AGREEMENT/PALM BEACH
COUNTY/FLORIDA POWER & LIGHT WPLI/DIGITAL DIVIDE PROJECT:
Consider approval of an Interlocal Agreement with Palm Beach County and FPL in the
annual amount of $8,780.31 for payment of pole attachments and electrical fees required
for the Digital Divide project in the West Atlantic Avenue area.
The City Manager stated this is for the Digital Divide project the City of
Delray Beach is doing jointly with Palm Beach County and the Palm Beach County
School District. He stated under the agreement the City would pay the annual fees that
FPL has for pole attachments and electrical fees with an annual cost estimated at
$8,780.31. Staff recommends approval of the Interlocal Agreement so that this project
can move forward. The City Manager stated the Mayor has reported they have raised
over $100,000.00 toward the capital cost of the project.
Dr. Alperin moved to approve Interlocal Agreement with Palm Beach
County and Florida Power and Light (FPL) in the amount of $8,780.31, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Dr. Alperin
— Yes; Mr. Frankel — Yes; Vice Mayor Gray - Yes. Said motion passed with a 4 to 0
vote.
9.C. SPECIAL EVENT REQUEST /1ST ANNUAL WINE AND
SEAFOOD FESTIVAL: Consider approval and endorsement of the 1st Annual Wine
and Seafood Festival, sponsored by Greater Delray Beach Chamber of Commerce
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proposed to be held on November 10, 2012 from 11:00 a.m. to 10:00 p.m., and
November 11, 2012 from 11:00 a.m. to 8:00 p.m., with alternate dates of November 3 &
4, 2012, pending dates for the Chris Evert Tennis Tournament; grant a temporary use
permit per LDR Section 2.4.6(F) for closure and use of Atlantic Avenue from the west
side of Bronson to the east side of the Intracoastal from 3:00 p.m., Friday, November 9,
2012 through approximately 10:00 p.m. Sunday, November 11, 2012; and authorize staff
support for traffic control and security, EMS services and Fire inspections, barricading,
and event signage; contingent upon the conditions of approval listed in the staff report.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
the Commission to approve a special event permit for a Wine and Seafood Festival
produced by the Chamber of Commerce proposed to be held November 10, 2012 from
11:00 a.m. to 10:00 p.m., and November 11, 2012 from 11:00 a.m. to 8:00 p.m. Mr.
Barcinski stated the alternate date is no longer needed because he was advised that the
Chris Evert event is scheduled for the last weekend in October 2012. The Commission is
also requested to approve a temporary use permit for LDR Section 2.4.6(F) for the
closure of Atlantic Avenue from the west side of Bronson to the east side of the
Intracoastal from 3.00 p.m., Friday, November 9, 2012 through approximately 10:00 p.m.
November 11, 2012; and providing staff support for traffic control and security, EMS
services and Fire inspections, barricading and event signage. Mr. Barcinski stated
attached to the site plan permit application is the site plan, budget and economic
prosperity calculator received from Nancy Stewart- Franczak. This event is being
proposed as a result of East Atlantic Avenue merchants asking for additional events on
the beach side. The applicant has indicated that they have the Beach Property Owners'
Association (BPOA) support as well as the merchants. Staff has concern with a 3:00 p.m.
closure on a Friday and staff recommends that the street closures to commence at 2:00
a.m. on Saturday, November 10, 2012. The estimated overtime costs is $14,215,
barricade and message and arrow board rental $1,200, and signage $250 for a total
estimated cost of $15,665. Per the Event Policies and Procedures the event producer is
required to pay 100% of City costs. Staff recommends approval with the conditions #2 -9
(condition #1 no longer applies which includes that Saturday set -up at 2:00 a.m. versus
3:00 p.m. Friday).
Mr. Frankel stated he emailed Mr. Barcinski requesting a master calendar
of all the events because he is concerned that there may be too many events in November.
Dr. Alperin moved to approve the Special Event Request for the 15t
Annual Wine and Seafood Festival subject to the conditions #2 -9 (excluding condition
# 1) listed on page two of the memo, seconded by Mr. Frankel. Upon roll call the
Commission voted as follows: Dr. Alperin — Yes; Mr. Frankel — Yes; Vice Mayor Gray —
Yes; Mr. Carney — Yes. Said motion passed with a 4 to 0 vote.
9.D. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
9.E. AGREEMENTS FOR CONSULTING ENGINEERING SERVICES:
Approve Agreements with Corzo Castella Carballo Thompson & Salman, Craig A. Smith
& Associates, Calvin Giordano & Associates, Kimley -Horn & Associates, Mathews
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Consulting, Inc. and Wantman Group for consulting engineering services for capital
improvement projects contained in the City's Capital Improvement Program (CIP).
Randal Krejcarek, City Engineer, stated at the request of the Commission
this item was brought back after staff received all six (6) executed agreements from the
engineering firms to be in the continuing contract agreement for the next three years.
Dr. Alperin stated because of the insistence of the Commission to add
Craig A. Smith and their 3 -D technology he suggested that in the motion the requirement
be that in all cases, savings to the public would be the use of this technology and that it be
utilized prior to the design so that we can know what is underneath the ground and not
discover it when it could have been detected ahead of time.
Dr. Alperin moved to approve the agreements for consulting engineering
services with the condition that technology is used when necessary as determined by staff
if it is not already known what is underground, seconded by Mr. Frankel. Upon roll call
the Commission voted as follows: Mr. Frankel — Yes; Vice Mayor Gray — Yes; Mr.
Carney — Yes; Dr. Alperin — Yes. Said motion passed with a 4 to 0 vote.
9.F. APPOINTMENT TO THE FINANCIAL REVIEW BOARD:
Appoint one (1) regular member to serve an unexpired term ending July 31, 2012. Based
upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4).
Vice Mayor Gray stated she wished to appoint Brian Wood as a regular
member to the Financial Review Board (FRB) to serve an unexpired term ending July 31,
2012. Mr. Frankel so moved, seconded by Mr. Carney. Upon roll call the Commission
voted as follows: Vice Mayor Gray — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mr.
Frankel — Yes. Said motion passed with a 4 to 0 vote.
9.G. APPOINTMENTS TO THE EDUCATION BOARD: Appoint one (1)
regular member to serve an unexpired term ending July 31, 2013 and one (1) regular
member to serve an unexpired term ending July 31, 2012 to the Education Board. Based
upon the rotation system, the appointments will be made by Commissioner Carney (Seat
#1) and Commissioner Alperin (Seat #2).
Mr. Carney moved to appoint Mary Leavenworth as a regular member to
the Education Board to serve an unexpired term ending July 31, 2013, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Dr.
Alperin — Yes; Mr. Frankel — Yes; Vice Mayor Gray — Yes. Said motion passed with a 4
to 0 vote.
Dr. Alperin moved to appoint Claudia Flores as a regular member to the
Education Board to serve an unexpired term ending July 31, 2012, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Dr. Alperin — Yes; Mr.
Frankel — Yes; Vice Mayor Gray — Yes; Mr. Carney — Yes. Said motion passed with a 4
to 0 vote.
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9.H. DISCUSSION OF THE GARBAGE RATE COMPARISON: Provide
direction to staff regarding how the City should respond to Waste Management's
proposals for extension of their franchise for solid waste collection.
The City Manager stated the Commission had asked when staff heard
Waste Management's proposal that we survey rates around the county in particular
breech of contracts and Mrs. Butler and her staff have done that.
Dr. Alperin stated in reviewing the table the Commission received it
appears that the proposed rate is very similar if not better than what other cities are
getting and in addition to that the City of Delray Beach gets the solar energy containers.
Dr. Alperin stated because of a number of emails the Commission has received,
particularly from one individual, he feels it should be made very aware that this was not
the City's proposal but this was a proposal by Waste Management. He stated the City
checked the information on other communities and this was not something that the City
just accepted.
Mr. Carney asked if the businesses can negotiate the roll off rate. Mrs.
Butler stated Waste Management no longer has an exclusive rate with Delray Beach. Mr.
Carney stated from a contractual point of view we are dealing with what the residential
rates are and the non -roll off rates (container rates). Mrs. Butler stated this is correct.
Mr. Frankel asked if the Commission is giving direction or voting on this.
The City Manager stated staff is asking for direction and what the
Commission needs to vote on is there have been aspects of the current franchise
agreement that are outdated and some of the language needs to be updated. The City
Manager stated if the Commission wants staff to move forward that would be the next
step to see if there are modifications that need to be made in the basic agreement so that
things are clarified and there are not questions that come up in the future.
Mr. Frankel concurs with comments expressed by Dr. Alperin regarding
the savings and the solar trash compactors.
The City Attorney stated Mrs. Butler made a recommendation in her
memo on the $40,000.00 fee that it should be wrapped into this without the City having
to pay. The City Attorney stated the Commission also give staff direction to see what
else can be worked out with Waste Management as far as possible increases for the future
and then bring back for the Commission's consideration.
At this point, the time being 6:47 p.m., the Commission moved to Item
11, Comments and Inquiries on Non- Agenda Items from the Public - Immediately
following Public Hearings.
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I1.A. City Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
inquiries.
11.B. From the Public.
None.
At this point, the time being 6:49 p.m., the Commission took a ten minute
recess.
At this point, the time being 7:00 p.m., the Commission reconvened and
moved to the duly advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. RESOLUTION NO. 02 -12: Consider adopting a schedule of non -ad
valorem assessments to partially fund fire rescue operations and first response.
The caption of Resolution No. 02 -12 is as follows:
RESOLUTION OF THE CITY COMMISSION OF
DELRAY BEACH, FLORIDA ADOPTING A
SCHEDULE OF NON -AD VALOREM ASSESSMENTS
FOR FIRE RESCUE OPERATIONS AND FIRST
RESPONSE FOR THE FISCAL YEAR 2011 -2012 AND
ANNUALLY THEREAFTER.
(The official copy of Resolution No. 02 -12 is on file in the City Clerk's
office.)
The City Manager gave a brief overview of how they came to view the fire
assessment fee and balancing the budget for the current fiscal year. The City Manager
stated the City started off with the millage rate of 7.19 mills and with the further decrease
in property values that the city had this year compared to last year the 2011 millage rate
of 7.19 would produce $89 million. He stated each one tenth of a mill would equal about
$582,000.00. The City Manager stated the initial budget request presented by
Department Heads is total of $96,953,000 therefore the City is looking at a gap of $8
million. He stated we cut $4.2 million that left remaining expenses of $92,742,000
leaving a balance that the City needs to fund the budget of $3,726,000. The City
Manager stated staff looked at a variety of sources to fund the budget. He stated it was
felt that in order to do it by further reductions and expenses would significantly affect
what service is provided by the City and would not allow us to maintain the quality of
city that we have had in the last 15 -18 years. The City Manager stated the city was able
to get additional funding from grants of $313,000; increased parking fees $204,000; and
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increased parks and planning fees $40,000. He stated staff looked at the fire service
assessment for $3,168,000 (or $3.2 million) or the other option would have been to
increase the millage by a little over half a mill to give the City a total of what was needed
to balance the budget of $3,726,000. The City Manager stated over the past five years
and in 2007 the City's levied property tax totaled $59 million; in the current fiscal year
the City's total property tax levy is about $45.5 million and is about a 23% reduction in
property taxes in the last five years. The City Manager stated this is an average and every
piece of property is affected differently because the property tax laws are so convoluted;
however, on average it is a 23% reduction in the last five years. In terms of the total
General Fund budget the 2007 budget was $103 million and this year it is $93,356,000.
The City Manager stated to cut costs the City offered early retirement for general
employees and most of the positions that have opened up in that way have been
eliminated or frozen; required employees to increase their contribution to pensions;
reduced benefits for the General Employee Pension Plan; frozen salaries and wages;
eliminated two paid holidays for Fire & Police; for Fire & Police the City reduced the
contribution the City makes to their retiree health trust; reduced energy usage throughout
the city both fuel and electricity; and reduced the use of overtime significantly. The City
Manager stated these are the major cuts although there are other things. He stated this is
how staff came to look at imposing a fire service fee and emphasized that both Boca
Raton and Boynton Beach imposed the fee. The City Manager stated if you compare
property tax rates with Delray Beach and Boynton Beach because of the funds that
Boynton Beach collects from their fire assessment is the reason why Boynton Beach is
where it is. The City Manager stated the assessment that Delray Beach proposes is a little
less than Boynton Beach particularly on the commercial side. The City Manager stated
he would like the consultants Burton & Associates to explain how the City developed the
fee structure that has been proposed. The City Manager stated this was discussed
extensively during budget preparation, it was reported by the press, the City also wrote it
up in News for Neighborhoods, and was sent out with every water bill in the city so that
there was a lot of information out before the City got to the point of actually developing
the assessment. He stated the City's intention was to balance the budget this year and
approximately what the assessment might be.
Michael Burton, President of Burton & Associates, stated they provide
multiyear financial planning and rate services to local government and have been in
business since 1988. Mr. Burton stated fire assessment development is one of the areas
of their practice and they have a significant portion of their practice where they have
done these over the past ten years. He stated some of their fire assessment clients include
Brevard County, Lauderdale by the Sea, Deltona, Cape Coral, Orange Park, Newport
Richey, and other clients in the southeast of Florida where they perform other rate type
work is the City of Fort Lauderdale, the City of Lake Worth, Coconut Creek, Lauderdale
by the Sea, Davie, Coral Springs, and Key Biscayne. Mr. Burton stated the scope of their
project was to develop a fire assessment program for the City and identify an assessment
structure to achieve a fair and equitable relationship between the benefit received by the
properties and the cost burden of the assessment. This is a requirement of a non -ad
valorem assessment in State law. Mr. Burton stated they also looked at a ten year
financial management plan for the management of the Fire Department and prepared the
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assessment roll, a final report, and provided implementation assistance in terms of the
mailing and resolutions. Mr. Burton stated fire assessments are an alternative revenue
source to more fairly recover the cost of fire- rescue services from those benefiting from
those services. He stated emergency medical services which are part of the Fire
Department cannot be included in a fire assessment in accordance with a Florida
Supreme Court decision. Mr. Burton stated the analysis was comprised of a cost
determination where it performed a detailed allocation of fire - rescue costs to the fire and
emergency services component. Mr. Burton stated costs associated with fire - rescue
include fire cost and first responder cost and the emergency medical service cost was
excluded from the assessment. Mr. Burton stated they also had to evaluate the property
data because the basis of the assessment is the property data that is maintained by the
Palm Beach County Property Appraiser. Mr. Burton stated the building space on the
property is a reasonable criteria and they have a tiered approach where in the residential
class if you have a smaller amount of building space on your property versus a larger
amount you will have a lesser assessment because you are receiving less benefit from the
protection of loss of your property than would a larger residential home. Mr. Burton
stated the database was used to calculate the assessment rates by property class and the
specific assessments for each parcel and also prepared is a fire assessment role that will
be considered tonight. He stated exempted property classes that are not included in the
cost apportionment would include vacant properties, religious institutions, public county
schools, federal buildings, rivers, lakes, and rights-of-ways. Mr. Burton stated other
properties were excluded but included in the cost apportionment so the cost that they
otherwise would pay is not distributed to the other property classes and they will be
excluded from the assessment (i.e. districts within the city, city property, and county
property which are common exclusions in these types of assessments). Mr. Burton stated
if the Commission adopts this assessment they will be adopting it for this fiscal year
(2011 -12) and for fiscal year 2012 -13 and every year thereafter at the same amount and
recommends that the City periodically review this to ensure that the City is recovering the
amount of financial resources in concert with the other revenue sources to meet the
overall objectives, because if not, this will stay a constant assessment year after year.
The City Manager stated the Financial Review Board (FRB) reviewed this
proposed assessment this morning and made numerous recommendations. The Board felt
that the residential fees should start at $52.00 and then go up above that on a per square
foot basis and the $52.00 would be up to 1,500 square feet; for commercial /industrial .5
per square foot; that there should be a limit on any annual increase of no more than 3%
and in the adopting resolution that it would sunset after five (5) years.
Mr. Burton stated the benefit does not necessarily increase on a per square
foot basis but it increases in order of magnitude and in the building area. He stated there
are potential issues to deal with whereas with the tiers it is fair and in an order of
magnitude differentiation and it is much easier for the City in terms of implementation
because they will not have complaints about people saying their square footage is wrong
which the Property Appraisers office would have to deal with. Mr. Burton stated a tiered
approach is well accepted and it would be easier for the City and the public.
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Vice Mayor Gray stated if anyone from the public would like to speak in
favor or in opposition of Resolution No. 02 -12, the public hearing was closed.
Neil Cohen, owner of Delray Chevron, 1909 West Atlantic Avenue,
Delray Beach, stated he is a big fan of the Fire Department; however, he feels the special
assessment is unfair. Mr. Cohen stated taxes have always been assessed on the property
value not the size. He stated it is unfair that his business will be assessed the same tax as
the Marriott or Seagate Hotel. Mr. Cohen stated it is unfair that his taxes will go up 9%
overall based on the county, state, and federal taxes and 30% compared to the City tax
that he currently pays. Mr. Cohen urged the Commission to assess according to the
property value not the size.
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL
33483 (Chair of the Financial Review Board), stated the proposed structure of the
proposed tax will hinder economic growth in the city. Ms. Morrison stated her job is to
get and keep companies in this city. This past year she brought six new companies to the
city and she would like to bring more. She stated by putting more tax burden on the
companies and the residents will hurt the economic growth. Ms. Morrison stated she
appreciates the City Manager's efforts over the last couple of years in tightening the
City's belt but more has to be done. Ms. Morrison stated the fire fee was originally
presented as a way to collect some tax on properties not paying them right now and it was
supposed to be $60.00. However, now it has ballooned so that the bigger properties
which are already paying big taxes are paying the higher taxes again. Ms. Morrison
stated if this tax is needed she recommends that it be for a very short time and that the
city sunset it very quickly. She stated there is a new hotel and 600 apartment units under
construction adding to the tax base within the next 12 -18 months. Ms. Morrison stated if
this has to be done she recommends a $60.00 flat fee on all properties across the city and
sunset it for three (3) years at the very most five (5) years and limit the increases to not
more than 3% a year.
Mike Malone, Chamber of Commerce, 64 S.E. 5 I Avenue, Delray
Beach, FL 33444, stated their business members expressed high concern about the
possible burden it is going to place on their businesses in the community. Mr. Malone
commended the City for cutting where they could on expenses.
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 Delrav
Beach and Member of the Alliance), suggested that the proposed assessment be voted
down and stated if he were a member of this Commission and was running a campaign
for election he would realize that voting against the residents is political suicide.
Daniel Bernard Wright, 406 N.W. 10'h Avenue, Delray Beach, FL
33444, asked when the City will stop implementing fees on its residents and stated the
City has to cut back.
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Harold Ginn, represents Lake Delray Apartments, 700 Lindell
Boulevard, Delray Beach, stated Lake Delray Apartments is the largest provider of
senior affordable housing in Delray Beach. Mr. Ginn stated they are not able to raise
their rents because they are regulated by tax credit regulations and are regulated by what
the housing authorities will pay them. He stated in the last three years they have not
received a rent increase from any of the housing authorities from which they receive
vouchers. Mr. Ginn stated last year the City of Delray Beach mandated that they install
generators to enable their elevators and their emergency lighting. Mr. Ginn stated on his
property that amounted to $356,000.00; if you look at the tiered structure Lake Delray
Apartments will take a hit of $21,008.00 per year. He stated they are not against paying
their fair share but this amount is a significant burden.
Timothy Boykin, 2554 Dolphin Drive, Delray Beach, FL 33445, stated
it is hard for the residents to maintain their properties with all these taxes and they are
cutting back on a lot of things. Mr. Boykin urged the Commission to listen to the
residents and stated a lot of residents have lost their homes and could not afford
Christmas gifts this year. He stated the Commission has lost sight of the people and he
feels they need to start caring for the people versus focusing on projects and
infrastructure.
Mark Hovin, 2870 Sablewood Court, Delray Beach, FL 33445 (Chief
Financial Officer for a commercial real estate company in Boca Raton has an
accounting degree and works with budgets of $93 million plus throughout his career. Mr.
Copan stated Mr. Burton showed a chart where the City saved $10 million from what
they were spending a few years ago and feels the City wasted $10 million that year. He
stated with the budget of $93 million; $55 million goes to Police, Fire and debt. Mr.
Copan stated the other money of $38 million that the City needs to look at and in order to
save the $3.2 million the City needs to reduce the expenses 8.2 %. In his opinion, Mr.
Copan stated raising taxes does not make this community any more residential or
business friendly but makes it less friendly.
Pat Archer, 380 Sherwood Forrest Drive, Delray Beach, FL 33445,
stated we cannot live without the Fire Department but they have to become more
affordable. Mrs. Archer stated everyone has seen their investments, salaries, and
retirement plans shrink drastically. She stated this is not a flat fee that was originally
proposed but amounts to a tax. Mrs. Archer stated the residents and businesses are
already financially strapped. She spoke to one businessman who said he would now have
to pay over $3,500 in additional tax for the fire and does not know if he can afford to stay
in Delray. Mrs. Archer stated this is a time when we are trying to attract new businesses
and jobs. She suggested in this economy that the City may need to renegotiate our
contracts.
Bill Albaugh, 501 N.W. 90' Street, Delray Beach, FL 33444 (43 year
resident of Delray Beach stated he is retired with 23 years from the Federal
Government and his highest position was Deputy Director of single family housing
division (HUD), strongly objects to the non -ad valorem assessment increase. He stated
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current non -ad valorem taxes he paid this year was $411.96 for fiscal year 2011; the City
of Delray Beach taxes alone on his property were $1,420.82; the City debt was $121.19.
Mr. Albaugh stated his total taxes for 2011 was $5,224.54. Mr. Albaugh stated he was
informed by the City that the money is for taller fire truck ladders and maintenance of
stormwater drainage system. Mr. Albaugh stated he would have to pay $186.00 a year
because his property has 4,100 square feet of improvement. He stated he should not have
to pay for taller ladders and noted that he did not approve the condos along Federal
Highway or Atlantic Avenue. He asked what the City did with the impact fee money that
the City collected from the builders. Mr. Albaugh stated each letter states that each
property is a benefit and noted that he is not benefiting and does not have storm drainage.
Brenda Thomas, 3137 Sherwood Boulevard, Delray Beach, FL 33445,
objects to the "AA" (Abusive Assessment) and during these troubled economic times as a
landlord she has had to reduce rents due to tenants becoming unemployed and
underemployed. Ms. Thomas stated with all these extra expenses passed off to the
property owners affordable housing will not be obtainable. Ms. Thomas stated this is an
abusive tax that will deter property owners from purchasing, moving into, developing and
holding onto their properties in the City of Delray Beach. She stated property owners are
on the way to getting taxed out -of- business in the City of Delray Beach. Ms. Thomas
urged the City to look within for raising additional money or for cuts needed to cover
expenses or services rendered. She suggested that the City keep up -to -date software for
keeping track of water usage and the software the City has is forty years behind state -of-
the -art. She stated that the current software allows utility customers to have bills in
excess of $2,00043,000 and continue to maintain their water on because the software
does not check for past due amounts. Ms. Thomas stated she has complained about this
for in excess of 7 years and had a meeting with a City employee the first week of January
who told her that the City is planning to replace this antiquated software. She stated if
you go back 10 years (as long as the software has been in operation) there will be better
than $3.2 million and the City will not have to assess anybody.
Ron Hawk, 2626 Hampton Circle North, Delray Beach, FL 33445,
stated this tax is unfair and suggested that the City re- negotiate the contracts. Mr. Hawk
stated the Fire and Police Department have onerous retirement plans and the funds for
their retirement fund were fully funded by the City. Mr. Hawk stated he read an article
about a firefighter who retired at age 43 after 23 years in South Florida who received an
$800,000 payout in cash plus $100,000 a year for the rest of his life. He stated the
mistake was made in allowing collective bargaining for people that work for the
government because they do not have a vested interest as much as business does. Mr.
Hawk suggested that the Commission start looking at the contracts we have made with
the people who are not only supposed to protect and serve but have turned out to protect,
serve and exploit.
Gail -Lee McDermott, 721 S.E. 3 "d Avenue, Delray Beach, FL 33483
(past President of Osceola Park for 12 years and currently a member of the
Neighborhood Advisory Council (NAC), stated she is speaking for the people of Delray
Beach all of whom have taken a horrible hit in these past years and noted that many
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people are on fixed and diminished incomes. She stated they are also in a position where
if they try to sell their homes and go someplace else no one is going to buy their homes
when the taxes keep going up. Ms. McDermott stated she remembers years ago there
were volunteer firemen. Ms. McDermott stated she has the greatest respect for its current
Fire Department but we cannot afford them. She asked how much did the study
performed by Burton & Associates cost and has much do all the studies cost the City.
Norman Price, 217 South Seacrest Circle, Delray Beach, FL 33444
(lived in Delray Beach for 56 years), stated they have been assessed for years for a
stormwater system and for a security alarm system. Mr. Price stated this is sneaky
taxation without a vote.
Robert Burns, 2578 Lake Ida Road, Delray Beach, FL 33445, stated
the elderly are on fixed incomes. He stated he is disappointed in this and has had four
different jobs in the past three years. Mr. Burns stated he has no more money to give the
City and the City is going to have to tighten its belt and make some tough decisions.
Shelly Petrolia, 2002 N.W. 0h Avenue, Delray Beach, FL 33444, stated
it is the wrong time for this proposed assessment and this should have been done in better
times. Mrs. Petrolia stated although she understands the premise of it in making sure that
every property is paying for services, this is really a tax. She stated she loves the Fire
Department and the money that would be coming in is not necessarily going to go to
them in addition to what they already have. Mrs. Petrolia stated the proposed assessment
is a revenue grab without having to look at other areas to be able to cut expenses.
Victoria Thiel, 936 N.W. 23rd Lane, Delray _Beach, FL 33445 (moved
here six years ago at the height of the market, is strongly opposed to the proposed fire
assessment fee particularly since there was just a county millage increase and the City
will have no constraints on future increases or budgetary accountability. Ms. Thiel stated
the budget should have been made based on the current income not what the City can
hope to squeeze out of residents who are tied to undervalued properties. She stated any
unforeseen expenses should be remedied with line item cuts.
Morris Carstarphen, 619 S.W. 7th Avenue, Delray Beach, FL 33444, is
strongly opposed to this proposed tax. Mr. Carstarphen stated he moved into the
community 4 years ago and the City assessed him at the maximum amount two
consecutive years. He stated his taxes were almost $9,000 on his property and since then
has come down. Mr. Carstarphen asked if this proposed fire assessment fee is not
implemented what the repercussion of it for the City is. He stated where the
accountability is. Mr. Carstarphen suggested that the Commission put this on a ballot and
let the people vote for it.
Deveren Peterkin, 250 N.W. 3rd Avenue, Delray Beach, FL 33444,
since this does not include EMS does this take into consideration structures that have fire
suppression or fire sprinkler systems because there are commercial buildings where the
owner invests the costs of a fire sprinkler system upfront. Mr. Peterkin stated if he has a
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building that is the same square footage as his commercial neighbor but his neighbor does
not have a fire suppression system and the fire suppression system was not required by
code but he put one in anyway, would that be considered fair if they both have to pay the
same assessment. He stated the same would apply to homes. Mr. Peterkin stated with
regard to residential structures sometimes you may have an assisted care facility that is
listed residential use or a home day care with five children that is listed residential and
asked if they are going to receive the same assessment as someone who does not have
those businesses operating out of their home but has the same size square footage. Mr.
Peterkin stated with regard to the assessment as it would be compared to the City of Boca
Raton and Boynton Beach is this tiered assessment based on square footage and is it the
same exact amount for a structure that is the same square footage in Boynton Beach and
Boca or not. He stated those municipalities may have some conditions that are unique to
their budget that the City of Delray Beach may not have.
Susan Litchfield, 931 Gardenia Drive #369, Delray Beach, FL 33483,
stated 25 years ago she moved from New York because she was taxed to death and lives
in Miami and then came to Delray Beach and her condo assessment has depreciated.
Mrs. Litchfield stated when she received the letter regarding the fire assessment fee she
downloaded the City's budget and knows that the City can sit down with the budget and
find the money.
Dr. Joseph Provenzano, 1921 S.W. 36th Avenue, Delray Beach, FL
33445, stated he went on the City's website and reviewed Delray Beach's budgets for the
past 10 years. Dr. Provenzano stated the total fund revenues in 2001 were $58 million; in
2002 revenues were $62 million; in 2003 revenues were $93 million. He stated that
started the inflation of all these budgets and they spiked in 2007 to $102 million which
was at the peak of the housing madness. Dr. Provenzano stated then it dropped to $98,
$97, $96 and now $93 million. He stated we were doing fine at $62 million ten years ago
and stated his expenses have not gone up like this. Dr. Provenzano stated the proposed
fire assessment is a tax. Dr. Provenzano stated he has a business in Boynton Beach and
the fire assessment started off 10 years ago and was supposed to sunset in 5 or 7 years.
He initially started paying $425.00 a year and this year it was over $1,100.00.
Denise James, 4850 N.E. 5th Avenue #105, Boca Raton, FL expressed
concern that the decision is faulty, incomplete, and regressive. She stated square footage
was used as the criteria but instead suggested that it be more revenue generating property
versus non - revenue generating. Ms. James stated in the assessment the City did not
consider past, current, and projected wealth and everything was what the Fire Department
needed but the citizens were not considered. She expressed concern over intellectual and
moral integrity and urged the Commission to reconsider this.
Alba Telles,1670 N.W. 18th Avenue #102, Delray Beach, FL, stated she
does not understand why the churches are tax exempt because they are making money
just like any other business. Ms. Teiles stated she is retired and has to pay healthcare and
it cost $1,400 a month and asked if the Commission receives free healthcare and free
benefits.
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Alson Jacauet, 236 S.E. Yd Avenue, Delray Beach, FL 33483, opposes
the proposed fire tax assessment and stated families and small businesses have had to
tighten their belts and residents expect the same thing from the City. Mr. Jacquet stated
this is not about the Fire Department and noted he understands what it means to protect
our essential services and they deserve it. However, Mr. Jacquet stated this is not what
we are doing here and noted this is something that is in the budget that the City wants to
pull out and call it a fee. He stated this is bad precedent. Mr. Jacquet suggested keeping
the proposed fire assessment fee as a line item in the budget and reduce spending
elsewhere.
Alexander Christopher, 622 Davis Road, Delray Beach FL„ 33445
(President of the Delray Shores Homeowners" Association), stated 24% of the
residents in Delray Shores have already lost their homes. Mr. Christopher stated a lot of
homes are vacant and residents have to call the Police Department every day to get the
drug dealers out of these vacant properties. He is opposed to the proposed fire
assessment fee and stated he is a small business owner. Mr. Christopher urged the
Commission to not pass the proposed fire assessment fee.
Michael Hopper, represents Security Self Storage at 189 Linton
Boulevard, Delray Beach, FL, stated Security Self Storage has been in business for over
34 years paying taxes in Delray Beach. Mr. Hopper stated they do not object to paying
their fair share but they would like to see the Commission reconsider the apportionment
method. He stated the apportionment does not take into account how many floors are
developed, the value or the revenue of the business, the traffic or the people on the
property daily. Mr. Hopper stated not all non - residential properties are equally developed
and should not be assessed solely based on developed square feet. He stated the proposed
assessment should have something to do with the actual need for fire - rescue.
Stu Morris, 1295 -C Highpoint Place North, Delrav Beach, FL 33445,
stated he is a 40 year fire- rescue member of the Lakeland Fire Department in New
York State serving three times as EMT head of the departments rescue company
and has also been a three time state elected fire commissioner serving 15 years with
that district answerable only to the Governor of the State with legislative
responsibilities including budgetary fiscal taxing functions as well as right of
condemnation of private property, served as President of the County Board of Fire
Officials representing 108 fire districts with 540 elected fire commissioners, has
participated in other time studies and response studies, he and his wife volunteer
with the Delray Beach Police Department and work approximately 60 hours a
month for 11 years, stated he just received a 2,400 hour recognition and saved the Police
Department money. Mr. Morris suggested having volunteers in some capacity with the
Fire Department. He stated after listening to everyone speak this evening when the
budget was reduced it was too aggressive and now the City has to go in through the
backdoor to make up the cuts that the Fire - Rescue and Police Department were forced to
take. Mr. Morris supports the fee because he feels there is no other alternative. He stated
the fire persons are willingly risking their lives and health responding to the alarms and
the residents and visitors are entitled to the best service that could be provided.
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Viona Simon, living in Delray Shores since August 1988, stated she is
originally from Haiti but moved from New Jersey and she moved to Delray Beach
because she felt it was ideal for an American to live. Ms. Simon stated when they were
deciding for Delray Beach to become an All American City she was on the Board to help
making the decision. Ms. Simon stated she feels like a stranger in Delray Beach despite
how many years she has been living. Ms. Simon stated she lost her job several years ago
and it is difficult for her to make her mortgage payment. She stated every year the City
has increased the water bill and now they want to propose a fire assessment fee. Ms.
Simon stated she spent all her 401K to pay her mortgage. Ms. Simon stated the letter she
received said "Final Notice" and she did not receive a first or second notice. She stated
she was on a Board to make Delray become what it should be and the Board decided that
Delray should not have buildings than those high -rise buildings that Delray has now. Ms.
Simon stated Delray Beach is called the All American City village -by -the -sea but now
Delray has high -rise buildings. She stated she is being forced to pay extra taxes for the
ladders to be able to reach the top of the high -rise buildings and make it easier for the
firefighters.
Andre Andrews, 739 South Swinton Avenue, Apt. #2, Delray Beach,
FL 33444 lived in Delray Beach for 47 % years), urged the Commission to go back to
the drawing board or we are going to lose our people and stated Delray Beach was made
from the people. He stated if the people do not have a voice in it then they are going to
go bankrupt. Mr. Andrews stated all of the focus and money is on the downtown and
feels the inner -city of Delray Beach from I -95 to the southwest and northwest sections are
being neglected. Mr. Andrews stated there is money in the City of Delray Beach.
Randy Schatz, 935 Jasmine Drive, Delray Beach, FL 33483 (lived in
Delray Beach for over 20 years and has had the privilege of serving on City Boards),
reiterated the previous comments about the fiscal responsibility and she urged the
Commission to take into consideration as they look at this particular tax. Ms. Schatz
expressed concern over the comment by the experts that as far as the size of the
properties the Property Appraiser's Office can deal with that. She asked what that is
going to cost the City if there is some kind of an issue about the size of the property. Ms.
Schatz also expressed concern over the number of years for what appears to be an open
ended type of a tax and that it could be particular increase. Ms. Schatz stated in the
documentation sent out by the City it states that if someone does not pay this there could
be a tax certificate or a lien placed on their property. She is concerned about the cost to
the taxpayers if someone who cannot afford to pay it has a lien on their property or if the
property is already in foreclosure. Ms. Schatz stated we have a wonderful Fire and Police
Department but this is not about any of the agencies. Ms. Schatz stated this is about
fiscal responsibility by the elected officials and not just placing an open ended tax on the
taxpayers. She stated the City needs to make sure that the people understand that if they
do not pay they could lose their house over $50.00.
Hen_ ry Williams, 310 N.W. 3rd Avenue, Delray Beach, FL 33444
(President of the Northwest Homeowners' Association), stated this is a crooked deal
and is not about the Fire Department. Mr. Williams stated people are losing their homes
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and asked when this will stop.
Nick Simeus, 1105 S.W. 4th Avenue, Delray Beach, FL 33444 (has
lived in Delray Beach for 21 years), stated some people cannot afford to pay $85.00.
Carolyn Young, 15112 Tall Oak Avenue, Delray Beach, FL 33446, is
adamantly opposed to this assessment. Ms. Young stated she owns several properties in
the City of Delray Beach of which she would be assessed these additional fees. She
stated her tenants are already troubled trying to keep a place for them to live and now she
has to ask for additional rents to offset those expenses. Ms. Young stated she is now
placed in an undo financial hardship because that means she has to pay them and it is not
fair. Ms. Young expressed concern over the water assessment and stated if she has
tenants who have a legitimate lease who happen not to have come to this city and open a
water account now she is held financially responsible for those bills. She stated this is
another example of the undo hardships that are being placed on her as a property owner
and noted she pays an excessive amount of tax in the City of Delray Beach. Ms. Young
stated she is unable to retroactively balance her home budget and does not see how the
City can do this. She stated in looking into the future the City is going to have to reduce
some line items and tighten its belt.
John Dancy, resident of Delray Beach for 41 years, asked how long the
Commission members have lived in Delray Beach. Mr. Dancy stated this is not about the
Fire or Police Department but it is a tax and people are being taxed out of their homes.
He stated most of friends have moved to another city, town, or state because they cannot
afford it. Mr. Dancy stated he lives alone and his water bill is higher than people that
have 3 -4 people in their household that is using the water. Mr. Dancy opposes the
proposed fire assessment fee and stated he received a letter regarding a vacant lot next to
him. He stated he recently got a job four months ago and is still trying to make up for
property taxes that he has not paid in the past and he cannot afford this proposed fire
assessment fee.
Kenneth MacNamee, 1049 Del Haven Drive, Delray Beach, FL 33483,
stated when the Commission approved the budget with this fire tax in September 2011
and was effectively a 7% millage increase. In 2009, Mr. MacNamee stated the City
increased the garbage /trash rates by 56 and 100 percent and at that time the Commission
had no idea of what the overall increase was. Mr. MacNamee distributed a letter to the
Commission from one of his neighbors because when he did the trash study he found out
that there were hundreds of people in this city not paying for trash pickup. He stated the
City is looking to put a 7% millage increase to the taxpayers with this fire tax. Since
2009, Delray's tax millage rate has gone up 14 %; Boynton Beach has gone up 11 %; Boca
Raton has gone up 6 %; and Gulf Stream has gone up 2 %. Mr. MacNamee stated this is
an unfair tax and it penalizes the least able to pay in town.
Dave Armstrong, 321 North Swinton Avenue, Delray Beach, FL
33444, stated his house is in foreclosure and he is paying $5,000 a year for taxes and
$300 a month for water. He stated he has a little swale that is City property that he is
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paying $7 for water on as well and if he does not cut the grass he receives a fine. Mr.
Armstrong strongly opposes this fire tax and stated every time the Fire Department rolls
out for an accident they are bringing a fire truck, an ambulance, and 3-4 police cars and
feels this is everyone's tax dollars going down the drain. He stated he has been a pastry
chef in Delray Beach for 22 years and every summer when the snowbirds leave he has to
look for landscaping work just to survive. Mr. Armstrong briefly discussed transient
housing on A -1 -A and stated they are going to have six people in the house and plans to
turn it over 12 times a year. Mr. Armstrong stated it is a non -profit organization and the
City receives no revenue from it.
Rudolph Mirage, 575 Dolphin Drive, Delray Beach, FL 33445
(Financial Consultant and has lived in Delray Beach since March 2006, stated his
family just came out from in December 2011 from foreclosure and now the City is
proposing a fire tax. Mr. Mirage stated in the last two years he has seen over 150 people
in the Delray Beach area in foreclosure because of what is going on. He stated this
should not be done unless it is conducive to the benefit of the community.
Reginald Cox, 715 Martin Luther King, Jr. Drive, Delray Beach, FL
33444, stated this type of participation is needed when it comes time to vote. He noted
this is a time to vote. Mr. Cox discussed City positions and suggested to start cutting
from the top. Mr. Cox announced that the Northwest/Southwest Steering Committee is
holding a Candidate's Forum on February 13, 2012 at 7:00 p.m. at St. Matthews's
Episcopal Church and encouraged everyone to come out and vote.
Bob Ledbetter, 913 Iris Drive, Delray Beach, FL 33483, stated less than
7 people out of a 100 voted in the last city election. Mr. Ledbetter suggested that the City
of Delray Beach re- negotiate the contract with the other two municipalities that we
provide fire protection for. He asked how much are we paying per household in the City
of Delray compared to how much we are collecting from the other two municipalities that
we are providing fire service for.
Francesca Mallows, 305 S.W. 70' Avenue, Delray Beach, FL 33444
(represents the Southwest Alliance), stated she moved from Boston, Massachusetts
three years ago and it appears to be an attempt (whether conscious or unconscious) to
squeeze people out. She stated people will lose their homes. Ms. Mallows stated she is
an artist and has a studio on 1st Avenue and expressed concern that the light force that
Delray calls the village -by- the -sea is the northwest and southwest neighborhoods. She
stated if the Commission wants to kill the goose that lays the golden egg for the future of
art for this town for which it is perfectly suited and amply adequate she urged the
Commission to not kill those two neighborhoods. Ms. Mallows strongly opposes the fire
tax.
Daniel Bernard Wright, 406 N.W. 10" Avenue, Delray Beach, FL
33444, urged the Commission to stop hiring consultants.
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01 /17 /12
Leroy Temple, 1380 Bocci Court, Delray Beach, FL 33445, stated he
understands the City needs revenue to run and that cost cutting measures have to be made
in the City as well as in our homes. Mr. Temple stated the fire assessment tax would put
a burden on the middle class. He stated the consultant stated that 75% of the money
would come from the residents and that 99% of the Fire and Police Department are fixed
costs with 1% being the variable cost. Mr. Temple asked why we do not work on the
variable cost of the budget. He stated it is better to have a job rather than not have a job
and understand that everyone has been making sacrifices but he feels the sacrifice is
being put on the residents. He stated if you do not pay the tax you can be levied, lose
your home, tax certificates issued, and people who can least afford to pay this tax are
asked to do it. Mr. Temple asked what other alternatives have been looked at to give the
citizens some relief.
Betty Goodman, 930 S.W.11tb Terrace, Delray Beach, FL 33444, stated
this proposal is the same as the eminent domain.
Brenda Thomas, 3137 Sherwood Boulevard, Delray Beach, FL 33445,
stated the information presented by the consultant is flawed. Ms. Thomas stated she is a
property owner in the City of Deerfield Beach and owns a 4 -plex that is over 4,000
square feet and she is taxed by the Fire Department $52.00 for the total duplex not per
unit.
There being no one else from the public who wished to address the
Commission regarding Resolution No. 02 -12, the public hearing was closed.
Mr. Carney thanked everyone for attending this evening and stated
contrary to what many may thing the Commission spends a lot of time trying to sift
through what they can do, what we should do, and the impact of any and all of their
decisions on everyone. He stated he is one of the two votes that was part of the
opposition originally and originally voted to put it on the table for discussion. Mr.
Carney stated at the time he did not like the way it was going to move from a flat rate to a
tiered rate and was opposed to the tiered rate approach. He stated the Commission has a
delicate balance with trying to provide services that are expected and the funds to provide
those services. Mr. Carney stated part of that delicate balance is trying to figure out what
services are required, which are wanted, versus which can be curtailed or eliminated. Mr.
Carney applauded to Mr. Burton for the work that they need. Mr. Carney stated the City
did a great job when they had the original reduction in the revenues in doing the initial
budget cuts but he feels they can do more. He stated another on -half of one percent
would actually be more money than we need to fund this shortfall. Mr. Carney stated all
aspects should be on the table not just the 38% that is left and everything that the City
does in terms of its funding should be reviewed. Mr. Carney stated that may mean that
there is going to be some cuts in some services. Mr. Carney stated he understands that
we have already had significant cuts and thinks there is more room to cut. Mr. Carney
stated he is opposed to the fire assessment fee even in a flat rate system and this has to be
a last resort and feels that City staff will need to find new cuts and some of them might
include delays of projects and contracts the City has needs to be addressed and there are
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01/17/12
some redundancies that need to be addressed.
Dr. Alperin stated he is disappointed that so many people were trying to
pull something evil over them. Dr. Alperin stated the Commission is trying to keep
Delray Beach the quality city that everyone wants to live in. He stated he served on the
City Commission from 1990 -2000 and in 1990 when he was elected the representatives
of the fire union came to him and requested to re- negotiate the second two years of the
three year contract they have. At that time, they were getting a 9V2 % increase each year
and they asked that the second two years to be 13% each year. Dr. Alperin stated the
Commission realized that in order to protect the interest of the community the City
needed to hire a labor attorney and not negotiate individually with the fire union. He
stated this was done for ten years. Dr. Alperin stated when they talked about controlling
the salaries of the fire fighters they had almost as many people in the Commission
Chambers as there are now claiming the City was going to deprive them of fire service.
Dr. Alperin stated the City was trying to control the cost of fire. In 1996, Dr. Alperin
stated he became Mayor and sat on the Police & Fire Pension Board and it was a monthly
battle that he had to sit through to continue the surplus reserves that the City had building
and the unions wanted to redistribute that money and increase their retirement
individually. Dr. Alperin stated he fought that for four years. Dr. Alperin stated out of
the ten years in office the millage went up twice because the people voted for bond issues
that raised the millage to pay for things they wanted (Decade of Excellence Bond). In
2004, Dr. Alperin stated the then Mayor and one of the Commissioners had decided what
the Commission had made was not adequate and negotiated with some union
representatives for an increase in salaries and to increase the multiplier from 3% to 3 V2%
on top of which it became retroactive. Dr. Alperin stated the City went from a surplus in
reserves to an enormous shortfall in the liability that we have to make up for as taxpayers.
He stated he is against flat taxes and supported that it be tiered and supported it because
he did not want to lose the quality of life that we have become accustomed to. Dr.
Alperin stated if the Commission votes fire assessment fee down that it needs to come
back from unions. Dr. Alperin stated he wants people to realize that this is going to
affect the services and the quality of life. Dr. Alperin stated although he is against it he is
going to vote in favor of the fee because he fears what the consequences are going to be.
He stated this was discussed during the budget hearings and they were going to lower the
millage and use this as a way to more fairly collect and this was an alternative to more
fairly solve the problem.
Mr. Frankel thanked everyone who commented and attended this evening.
Mr. Frankel stated this was much discussion about fiscal responsibility and since he has
been in office they have decreased the budget by over $6 million. He stated they have
negotiated with the Police & Fire and they gave back $1 million each. Mr. Frankel stated
there are approximately 600 residents in the City of Delray Beach that pay zero dollars in
property taxes but use City services; there are approximately 6,000 residents that pay
$200 or less. He stated while he has been on the Commission there has been
expenditures that he has questioned (i.e. parking study, improvements to the boat ramp,
improvements to Pompey Park and Miller Park) that he felt were excessive. Mr. Frankel
concurred with comments expressed by Dr. Alperin that everyone expects quality
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services but they do not want to pay for it. Mr. Frankel stated the Commission took this
into consideration and during the budget process he was informed that it was going to be
a flat fee for everyone. Mr. Frankel stated there was a comment that a fire truck and two
ambulances are not necessary for a fender bender. Mr. Frankel stated many times it is
necessary and he does not want to be in that situation where they are not there for him.
He stated he cannot support the tiered rate structure as proposed by Burton & Associates.
Mrs. Gray thanked the public for attending this evening and voicing their
opinion. She stated she has been speaking to a lot of residents from all over the city.
Mrs. Gray stated the people have spoken and we need to find other ways to make up the
City's shortfall. Mrs. Gray stated when the Commission started looking at this issue a
couple of months ago it did start off being something other than what it is now. She
stated it has taken on another life and it has changed. Mrs. Gray stated she is not in
agreement with having to risk our properties because of a tax. Mrs. Gray stated she is
opposed to this tax and would like to go back to the drawing board and look at other
alternatives to come up with additional dollars but also keeping in mind that some of the
City services will be cut and jobs will be lost.
Mr. Carney moved to adopt Resolution No. 02 -12, seconded by Dr.
Alperin. Upon roll call the Commission voted as follows: Mr. Frankel — No; Vice
Mayor Gray — No; Mr. Carney — No; Dr. Alperin — Yes. Said motion was DENIED with
a 3 to 1 vote, Dr. Alperin dissenting.
10.11. ORDINANCE NO. 44 -11 (SECOND READING): Consider an
ordinance revising the Charter of the City of Delray Beach by amending Article III,
"Legislative ", Section 3.02, "City Commission: Composition, Eligibility, Election, and
Terms'; Section 3.08, "Vacancies; Filling of Vacancies "; and Section 3.09, "Term
Limits "; amending Article V, "Elections ", Section 5.02, "Types of Elections "; to provide
for a change in the length of a terms from two years to three years and clarifying the
applicability of such change; providing for a referendum election to be held on March 13,
2012.
The caption of Ordinance No. 44 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING FOR REVISIONS TO THE CHARTER OF
THE CITY OF DELRAY BEACH BY AMENDING
ARTICLE III, "LEGISLATIVE ", SECTION 3.02, "CITY
COMMISSION: COMPOSITION, ELIGIBILITY,
ELECTION, AND TERMS "; SECTION 3.08,
"VACANCIES; FILLING OF VACANCIES"; AND
SECTION 3.09, "TERM LIMITS "; AMENDING
ARTICLE V, "ELECTIONS ", SECTION 5.02, "TYPES
OF ELECTIONS "; TO PROVIDE FOR A CHANGE IN
THE LENGTH OF A TERM FROM A TWO YEAR
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TERM TO A THREE YEAR TERM AND CLARIFYING
THE APPLICABILITY OF SUCH CHANGE;
PROVIDING FOR A REFERENDUM ELECTION TO BE
HELD ON MARCH 13, 2012; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 44 -11 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated this
proposed ordinance would allow the City to put forth a change in the Charter terms from
two years to three years with moving the maximum limit from six years to nine years and
would also clarify that any current seating Commissioners that vote on this ordinance
their terms that have already been served would count toward the three term limit as well
as any appointments that may be made would not extend beyond 14 months if you fall
within a 60 day period prior to the next election. The City Attorney a special election
would have to be held.
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.
Vice Mayor Gray declared the public hearing open.
Mary Kilpatrick, 713 Place Chateau, Delray Beach, FL 33445, asked if
the proposed term limits are adopted does the City of Delray Beach allow for a ballot or a
recall and is there a predetermined amount of time that a Commissioner has to be seated
prior to a recall being requested. Ms. Kilpatrick sated in other words if you are a new
Commissioner and have served for two months would that Commissioner be available to
be recounted.
The City Attorney stated this is in the City Charter and once you initiate
the recall procedure it can be at any time but there are certain time limits on a recall itself
that need to be followed. The City Attorney stated there is not any minimum time period
and you can initiate a recall at any time.
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL
33483 (Chair of the Financial Review Board), stated we are dealing with an issue that
is in the City Charter without addressing the Charter in general.
Alson Jacquet, 236 S.E. 3rd Avenue, Delray Beach, FL 33483, feels this
should be a Charter issue and suggested that the City take advice from the people before
deciding to put this on the ballot. Mr. Jacquet stated he refers to this ordinance as the
"Incumbent Entrenchment Act" and feels that six years is more than enough time for a
competent and smart individual to do some good work in this city.
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Andre Andrews, 739 S. Swinton Avenue, Apt. #2, Delray Beach, FL
33444, stated people should be able to vote someone out of a Commission seat.
Henry Williams, 314 N.W. Yd Avenue, Delray Beach, FL 33444
(President of -the Northwest Homeowners' Association), briefly discussed the previous
Charter Review Committee and stated he was one of the individuals who fought to put
term limits in the Charter.
John Dancy, Delray Beach, resident of Delray Beach for „41_years,
concurred with comments expressed by Mr. Jacquet and clarified that the Commission is
not putting something in the ordinance to extend terms but the residents have the voice to
say "yes" or "no" who they want to put in the Commission seats.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 44 -11, the public hearing was closed.
Dr. Alperin stated the Commission is not passing this but is only placing
this on the ballot for the public to vote.
Mr. Carney stated he has friends on both sides of this issue and noted
when he initially looked at this issue it related to the fact that he did not see Delray Beach
represented in a meaningful fashion in the Palm Beach County League of Cities and the
Florida League of Cities. He stated he understood that approximately $45,000 every
three years could be saved. Mr. Carney stated he never bought the idea that "change for
the sake of change" was a good idea and sometimes gray hair and experience does count.
He stated we have had some legislators that we like who were termed out and others that
we wished were termed out. Mr. Carney stated in his mind you do not establish a policy
which is designed to strengthen an institution (the Commission) in order to do its job to
better represent the citizens because you are worried about can you get somebody
unelected. He stated if someone were elected they would still have to face the voters
three times. Mr. Carney stated some of the residents feel that we should have a Charter
Review because this is in the Charter and therefore they are unhappy with the process.
Mr. Carney stated it really comes down to who can control the process and feels it is his
duty to put this to the citizens to vote. Mr. Carney commented about DELPAC's (Delray
Economic Leaders Political Action Committee) letter and their position. Mr. Carney
stated when he started looking at the issue of transient housing he requested of someone
who was on the senior position on the Palm Beach County League of Cities as to why the
Palm Beach County League of Cities did not take a position on transient housing. Mr.
Carney stated he was advised that the two biggest communities which are seeing this
issue are the City of Boca Raton and the City of Delray Beach. Mr. Carney stated both
have six year terms and it takes six years to make you place on a committee and by the
time Delray Beach gets into a position of having any voice on a committee they are
cycled off. Mr. Carney stated about ten days ago the Government Affairs Committee was
considering passing without comment Senate Bill 1026 (essentially a transient housing
bill) largely supported by a smaller community in Palm Beach County and a city in
Miami/Dade. Mr. Carney stated while there were portions of the bill that he liked
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01/17/12
(spacing requirements) there was also a portion of the bill which would have permitted
on -site rehabilitative services in residential neighborhoods. Mr. Carney stated a
Commissioner from Boca. Raton learned about it, called his City Attorney who then
called our City Attorney, and because of that the City of Delray Beach was able to get
some comment made on that particular legislation. He stated while their comments have
been noted no change was made to the legislation. Mr. Carney stated the important thing
to do is establish a policy which strengthens the institution that we all need which is to
represent the interest of Delray Beach.
Mr. Frankel stated there are challenges and the Commission makes
difficult decisions. He stated the Commission is like a firing squad because they are
getting hit from every which way. Mr. Frankel stated in six months there will be many
people who were present tonight complaining because their services are cut, etc. He
stated he first ran in 2009 and prior to his decision to run for this seat he met with as
many past elected officials and groups in the city as he could. Mr. Frankel stated the
common complaint he heard was this group controls. Mr. Frankel stated Mr. Jacquet said
you need to take the advice of the people and placing this on the ballot is listening to the
people not hearing a group of 5, 10, or 15 people telling him what they think. Mr.
Frankel stated he can give pros and cons for 2 years, 4 years, no term limits and he
respects DELPAC's (Delray Economic Leaders Political Action Committee) position.
He stated the issue is whether the Commission should put this on the ballot for the
citizens to decide. Mr. Frankel stated if this passes future Commissioners can get the
support locally in our county and statewide, and also federally, and it is experience that
allows this. Mr. Frankel stated if the citizens want to rotate the Commission in and out
he understands.
Dr. Alperin stated he spoke in favor of putting this out to the public to
make the decision and believes that term limits deprive people of democracy.
Vice Mayor Gray stated in 2009 when she was appointed to this seat
immediately she started going to meetings with the Palm Beach County League of Cities
and when she was elected in 2010 she became one of the liaisons to the Palm Beach
County League of Cities. She stated Commissioner Isaac "Ike" Robinson from West
Palm Beach asked her if she would consider being on some of the boards. Mrs. Gray
stated they found out because of the term limits in the City of Delray Beach they would
not be able to do that. She stated the City Manager has been representing the City of
Delray Beach on the Commission's behalf. Mrs. Gray stated when she attended the
National League of Cities last year in March in Washington, D.C. they asked people to be
on these boards the Commission could not do that. Mrs. Gray stated because the City
does not have Iobbyist they as Commissioners and the Mayor have to go out and lobby
the legislators. She stated the Mayor, past Commissioner Mack Bernard and she have
gone to Washington, D.C. to lobby for the City. Mrs. Gray stated it is very important to
build those relationships and by the time you start to build up relationships to do good for
the community you term is up. Mrs. Gray stated we do have the right to vote a person
out -of -office and noted that every three years people will be able to vote. Mrs. Gray
stated because the City does not have a lobbyist then it is very important that the
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Commission has time to do their jobs and they have the opportunity to put the City's
issues out front and have the League back the City.
Dr. Alperin moved to approve Ordinance No. 44 -11 on Second and
FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Vice Mayor Gray — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel —
Yes. Said motion passed with a 4 to 0 vote.
10.C. ORDINANCE NO. 02 -12: Consider an amendment to Chapter 96, "Fire
Safety and Emergency Services ", by amending 96.16, "Certain Codes Adopted by
Reference ", to comply with the State of Florida's updated changes in the Fire Prevention
Code Standards.
The caption of Ordinance No. 02 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 96, "FIRE SAFETY AND
EMERGENCY SERVICES ", BY AMENDING 96.16,
"CERTAIN CODES ADOPTED BY REFERENCE ", TO
COMPLY WITH THE STATE OF FLORIDA'S
UPDATED CHANGES IN THE FIRE PREVENTION
CODE STANDARDS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 02 -12 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. 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.
Victor Williams, Assistant Fire Chief, stated the City of Delray Beach
adopts by reference and incorporates into Chapter 96 the Fire Safety and Emergency
Services chapter of the Code of Ordinances those specific codes and standards known as
the Florida Fire Prevention Code. Mr. Williams stated the Florida Fire Prevention Code
is adopted by the State Fire Marshall every three years as required by Chapter 633.0215
of Florida Statutes. Mr. Williams stated this fire code previsions are enforced by local
fire officials within each county, municipality, or special fire district within the state. He
stated the county, municipality, or special fire district may also have local amendments
applicable to its community. Mr. Williams stated along with the revisions and updating
of the Florida Fire Prevention Code municipalities are also required to adopt any local
amendments made to the Florida Fire Prevention Code as deemed necessary by the
authority having jurisdiction. He stated Florida Statute also states any local amendment
adopted by the municipality sunset every three years keeping in cadence with the Florida
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01/17/12
Fire Prevention Code and require re- authorization by the City. Mr. Williams stated
Section 633.0215 Subsection (4) of the Florida Statutes identifies the process that the
City of Delray Beach employs for amending the Code. He stated some of the previous
portions of the locally amended code in Delray Beach have been adopted by the state and
included in the Florida Fire Prevention code and therefore no longer requires local
adoption. For example, NFPA 170 the fire safety symbol standard has been adopted
which identifies those structures within our jurisdiction that employees light weight truss
assemblies in their construction. Mr. Williams stated this gives firefighters a heads up
when a fire has been burning for an unchecked amount of time it allows them to
recognize the inherent dangers for a possible collapse of the roof structure. He stated
others that have also been adopted are NFPA 326 safe guarding tanks and containers,
NFPA 820 fire protection and wastewater treatment and collection facilities. Mr.
Williams stated these have been adopted and no longer require the City to adopt those as
amendments to the Code. He stated other portions of the Code previously approved and
locally adopted were not adopted by the state and therefore requires local adoption by the
City. For example, NFPA 18 wetting agents and is a wetting agent is a chemical
concentrate when added to water and it enhances the ability of the water to fight deep
seeded fires, NFPA 408 aircraft hand portable fire extinguishers and NFPA 432
construction and protection of aircraft engine tech facilities have not been adopted. Staff
recommends that this ordinance be approved adopting the 2010 addition of the Florida
Fire Prevention Code as well as the following NFPA standards: NFPA 18 wetting agents,
NFPA 408 aircraft hand portable fire extinguishers; NFPA 423 construction and
protection of aircraft engine test facilities, NFPA 496 perched and pressurized enclosures
for electrical equipment, NFPA 720 household carbon monoxide warning equipment,
NFPA 1141 planned building groups, and NFPA 1961 standards on fire hose. Mr.
Williams requested that these standards be adopted as local adoptions along with the
Florida Fire Prevention Code.
Vice Mayor Gray declared the public hearing open.
Mary Kilpatrick 713 Place Chateau, Delray Beach, FL 33445, stated
for clarification part of this that staff is asking the City Commission to adopt is a Code
about fire extinguishers because of our close proximity to the Boca Raton Airport. Mr.
Williams stated this is correct. Ms. Kilpatrick asked what this will do for the City of
Delray Beach and asked if residents are going to have to pay another $25.00 for a decal
that says "we live close to Boca ". Mr. Williams stated the reason they are looking to
adopt this locally is because the City of Delray Beach and the City of Boca Raton have a
mutual agreement to assist one another in times of emergency. For example, if the City
of Boca Raton was to respond to the airport for emergency involving aircraft we have
this Code adopted so it would identify the type of fire extinguishers needed to be
accessible for the personnel on the scene to fight this fire prior to their arrival to contain
it or put it out altogether. Mr. Williams stated this is not going to cost any money.
The City Manager stated the City of Delray Beach has a mutual aid
agreement with the City of Boca Raton so if we have a fire here that requires more
resources than we have, Boca Raton will send people into Delray Beach and if they have
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a need we send our firefighters there. Also, the City Manager stated the City of Delray
Beach has a joint hazardous material response team with Boca where the firefighters
from both cities join together that is largely funded by the Solid Waste Authority
because they have these countywide.
John Dancy, resident of Delray Beach for 41 years, asked if this will
cost the citizens of Delray Beach any additional expenses. Mr. Williams stated there
will not be any additional cost to the citizens and staff is adopting the Code this evening.
Henry Williams, 310 N.W. 3rd Avenue, Delray Beach, FL33444, stated
if you had to drive your truck from here to Boynton it will still cost because you have to
put gas in it and there is wear and tear on the vehicle.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 02 -12, the public hearing was closed.
For clarification, the City Attorney stated staff is not adding anything to
the Code but is trying to clean it up to comply with the Florida Fire Prevention standards.
Dr. Alperin moved to adopt Ordinance No. 02 -12 on Second and FINAL
Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr.
Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes; Vice Mayor Gray — Yes. Said
motion passed with a 4 to 0 vote.
12. FIRST READINGS:
A. None
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
13.A. City Manager
The City Manager had no comments or inquiries on non - agenda items.
13.B. City Attorney
The City Attorney had no comments or inquiries on non - agenda items.
13.C. City Commission
13.C.1. Mr. Frankel
Mr. Frankel had no comments or inquiries on non - agenda items.
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13.C.2. Mr. Carney
Mr. Carney stated he is glad that everyone came out tonight and loves
citizen engagement.
13.C.3. Dr. Alperin
Dr. Alperin stated he would like the public to know that the Commission
does not take this for granted. He stated he wants to be fair and do the right thing for the
entire community because you have to take the whole city into consideration not just
those people that show up at the meeting.
13.C.4. Vice Mayor Gray
Vice Mayor Gray stated Mayor McDuffie was not feeling well tonight so
he could not be here this evening.
There being no further business, Vice Mayor Gray declared the meeting
adjourned at 10:03 p.m.
ATTEST:
VICE MAYOR
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 January 17, 2012, which Minutes were formally approved and adopted by the City
Commission on February 7, 2012.
City Clerk
32
01 /17/12
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.
33
01/17/12
2012.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
t I :.* �- }
1. This waiver request came before the City Commission on January 17,
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for Chase Bank. All
of the evidence is a part of the record in this case. .Required findings are made in
accordance with Subsection I.
I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the
approving body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on other
property for another applicant or owner.
A. Waiver to LDR Section 4.4.12(F)(2):
Pursuant to LDR Section 4.4.12(F)(2), any freestanding structure shall
have a minimum floor area of 6,000 square feet; shall be architecturally
compatible with other structures on the subject plaza; shall take access
from the interior circulation system of the development; and shall be able
to meet all code requirements as if it were to be situated on an outparcel.
Should the waiver to reduce the minimum free - standing floor area from
6,DOO square feet to 4,423 square feet be granted?
Yes v' No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
1
City Commission Meeting on January 17, 2012; Item 9.A.
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves
denies the waiver request.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 17th day of January, 2012, by a vote of 4 in favor and 0
opposed.
ATTEST:
Chevelle Nubin, City Clerk
2
Angelet,4 Gray, Vice -Mayor
City Commission Meeting on January 17, 2012; Item 9.A.