03-15-12 Special Workshop Meeting MinutesSPECIAL /WORKSHOP MEETING
MARCH 15, 2012
A Special /Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at
4:00 p.m., on Thursday, March 15, 2012.
Roll call showed:
Present - Commissioner Thomas F. Carney, Jr.
Commissioner Jay Alperin
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
Mayor Nelson S. McDuffie called the special /workshop meeting to order and announced that it had
been called for the purpose of considering the following Items.
SPECIAL MEETING AGENDA
1. MUNICIPAL ELECTION RESULTS /RESOLUTION NO. 17 -12: Canvass the returns,
and declare the results of the March 13, 2012 First Nonpartisan and Special (Referendum)
Election; approve Resolution No. 17 -12.
Ms. Chevelle D. Nubin, City Clerk, read the unofficial cumulative totals as presented by the
Supervisor of Elections Office for each candidate for Commission Member /Seat #2 and
Commission Member /Seat #4, including all of the regular, absentee, and provisional votes as
presented, and that it is hereby declared, based upon the above and foregoing unofficial results,
that Al Jacquet is elected as Commission Member/ Seat #2, for a two year term commencing on
the 29th day of March, 2012, and ending in accordance with the City Charter; and that Angeleta
Gray is re- elected as Commission Member /Seat #4, for a two year term commencing on the
29th day of March, 2012, and ending in accordance with the City Charter.
In addition, Ms. Nubin read the results for Ballot Question No. 1 as follows:
QUESTION 1
Charter Revision relating to the length of terms and term limits for the Commission
Members and Mayor
Currently, the Commission Members (including the Mayor) serve two -year terms, limited
to three consecutive terms. The Charter Amendment proposes three -year terms, limited
to three consecutive terms as well as clarifying the applicability of such change as
provided in Ordinance No. 44 -11. If passed this amendment shall apply to the
Commissioners and Mayor elected in March 2013 and thereafter.
Should the above- described Charter Amendment be adopted?
"For Approval" 1,236
"Against Approval" 2,080
Approve the total votes for Ballot Question No. 1, and that it is hereby declared, based upon
the above and foregoing results that Ballot Question One was not approved.
Adopt Resolution No. 17 -12 including Exhibit "A" as presented.
Dr. Alperin moved to approve the unofficial cumulative totals for each candidate for Commission
Member /Seat #2 and Commission Member /Seat #4, including all of the regular, absentee, and
provisional votes as presented and adopt Resolution No. 17 -12 including Exhibit "A" as attached,
seconded by Mr. Frankel. Upon roll caIl, the Commission voted as follows: Dr. Alperin — Yes; Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed
with a 5 to 0 vote.
2. RESOLUTION NO. 15 -12 110INT PARTICIPATION AGREEMENT
=wFLORIDA DEPARTMENT OF TRANSPORTATION (FDOT . Adopt
Resolution No. 15 -12 approving a Joint Participation Agreement QPA) with the Florida
Department of Transportation (FDOT) for 50% reimbursement of operational and capital costs
associated with the Downtown Roundabout Shuttle System.
Mr. Richard Hasko, Director of Environmental Services, presented this item. He stated at the
January 17, 2012 Regular Meeting, Commission approved the JPA and that the resolution is also
a requirement of DOT for this application and staff needs to get it approved to proceed with the
agreement.
Mr. Carney moved to approve Resolution No. 15 -12, seconded by Mrs. Gray. Upon roll call,
the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes;
Mr. Carney — Yes; Dr. Alperin — Yes. Said motion passed with a 5 to 0 vote.
3. SETTLEMENT CONTRIBUTION /PALM BEACH COUNTY /INSPECTOR
GENERAL: Approve a settlement contribution regarding the lawsuit filed by fifteen
municipalities, including the City, against Palm Beach County related to the funding for the
Inspector General.
Mr. Brian Shutt, City Attorney, stated this item is regarding the lawsuit with Palm Beach County
for the funding of the Inspector General and the county will have a possible ordinance going
before the Palm Beach County Commission on March 20, 2012 that would make changes to the
current ordinance. He asked if the City Commission wanted to contribute to fund the Inspector
General for the year and a half that the Inspector General has been operating and has not
received funds from the municipalities because of the lawsuit. He referenced the invoice in the
agenda backup. He stated some municipalities have considered a third of the cost and some a
quarter of the cots.
Mrs. Gray asked what impact we will have if we wait and not contribute to find the Inspector
General.
March 15, 2012
Mr. Shutt discussed the settlement further.
Mr. Frankel stated if everyone is paying he does not have a problem with it. He asked if we are
in the middle of litigation and why would we send a check for over $30,000. He asked if the
City Attorney had an idea of what other municipalities are going to do.
Mr. Carney asked what happens if we do not agree to pay anything.
Dr. Alperin reiterated that this is an offer of settlement and if the municipalities agree to it then,
the lawsuit is over.
Mr. Shutt stated the county may change their ordinance.
Mayor McDuffie stated this is really not an offer of settlement; it is a good faith effort on behalf
of the municipalities without a written offer of settlement.
Dr. Alperin asked under what grounds they would have the right to charge us for the service. He
asked what the county's response was.
Discussion between Commission and staff continued. It was the consensus of the Commission
to not pay.
Mayor McDuffie adjourned the Special Meeting at 4:14 p.m.
WORKSHOP MEETING AGENDA
1. Congress Avenue Corridor Strategic Marketing Plan and Citywide Economic
Development Incentives
Mr. Vin Nolan, Economic Development Director and Mr. Richard Reade, Sustainability /Public
Information Officer, introduced this item stating it is a two phased presentation. Mr. David
Wilke, Consultant /Director of Corporate Real Estate and Advisory Services, Sperry Van Ness,
conducted a presentation for a broadly based strategic marketing plan. He introduced Lisa
Tropepe, Vice -Mayor of Palm Beach Shores and President of the Palm Beach County League of
Cities. Mr. Nolan summarized the item and stated the city has to have its own internal plan; and
he and Mr. Reade are working on the plan. Mr. Nolan gave an overview of existing economic
conditions (Congress Avenue Corridor statistics) and the Community Redevelopment Agency
(CRA) Economic Development Incentives. Mr. Reade discussed what other communities are
doing regarding their various economic development programs. Mr. Nolan highlighted citywide
economic development goals and strategies including non -fiscal strategies and
recommendations.
Dr. Alperin stated all of the changes would be easy to accomplish if it were designated a CRA
district He stated we do not need to reinvent the wheel again.
Mr. Carney stated he spoke with Mr. Nolan several tunes and supports any initiative that will
develop this corridor. He commented that this is a great effort.
March 15, 2012
Mrs. Gray stated she is excited about the whole program and is in support of creating a whole
new CRA with a sunset date. She stated we need to look into Commission serving as a CRA like
in other cities. She asked about universities and hospitals as partners in this initiative.
Mr. Frankel asked Mr. Nolan if he considers parking meters an economic development incentive
and Mr. Nolan replied that each city has its issues with parking.
Mayor McDuffie stated we cannot afford not to do this.
Mr. Nolan stated he and Mr. Reade will be back before Cozn_mi.ssion with concrete plans.
2. Discussion of Possible Charter Review Committee
Dr. Alperin opened this item and stated Commission has heard the discussion a few times and it
has been over ten (10) years and he thinks a review should be done. He stated the committee
should consist of 8--10 people with a chair and with a completion date. It should also have one
(1) or two (2) public hearings.
Mr. Frankel stated the committee should be an odd number with each commissioner appointing
two each. He stated five each is too much.
Mt. Harden explained how the committee was appointed in the past.
Mr. Carney stated there should be diversity of thought and stated Commission should nominate
and appoint a chair.
Mrs. Gray asked what is being reviewed regarding the Charter: the whole thing or was there a
specific issue.
Dr. Alperin stated the whole Charter should be reviewed.
Mr. Carney mentioned the roundtable and feels we should do a "Visions 20/20" to get a larger
group involved. This is a great time to get some engagement.
The City Manager mentioned the American Assembly process. He stated we will be approaching
the Goal Setting process soon and suggested a citizen summit be held since it has not been done
in two years. It was the consensus of the Commission to have a citizen summit.
Discussion continued between staff and Commission.
It was the consensus of the Commission to place the Charter Review Committee appointment
on the March 20, 2012 agenda.
3. Discuss Changes to Special Event Policies and Procedures
Mr. Robert Barcinski, Assistant City Manager, stated he is present to discuss changes to the
policy and obtain direction. He discussed five recommendations regarding the Special Event
Policies and Procedures.
Dr. Alperin stated Commission should go item by item to discuss preferences.
Mr. Carney asked why certain organizations were grandfathered in; and asked about the time
length.
Mr. Frankel asked why the city is absorbing any costs.
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March l5, 2012
Dr. Alperin stated start with 5% per year for three years so that persons can get used to this.
Mrs. Gray asked if we need an event planner. Mr. Barcinski stated he and his executive assistant
spend about half of their time on events.
Ms. Martin questioned the administrative fee. Mr. Barcinski stated we would charge an
administrative fee for the overtime.
Mr. Frankel stated he is fine with the proposal regarding deposits. He asked why the city is not
paid before an event.
Nancy Stewart stated paying up front would put them out of business.
Mr. Mike Malone, Chamber of Commerce Executive Director, stated most businesses /event
producers do not have the liquidity to pay up front.
Mrs. Gray stated she does not feel we should eliminate co- sponsorships.
Mayor McDuffie asked about the Chris Evert and Junior Tennis Tournament Sponsorships.
Mr. Barcinski discussed contracts.
Mayor McDuffie stated the two golf courses make a profit and our tennis stadium is shaky. He
mentioned bidding for the Davis Cup, etc.
Mr. Frankel mentioned the Tourist Development Council and grants.
It was the consensus of the Commission to implement the changes to the Special Event Policies
and Procedure as recommended by staff; and make the changes consistent with the budget year.
4. Provide Direction on Valet Parking Program Options
Mr. Scott Aronson, Parking Management Specialist presented a PowerPoint presentation to the
Commission. Mr. Aronson stated that the objective was to evaluate the current valet parking
program, get some of the parking study recommendations equitable to the City, and provide
options. He stated that the Parking Study suggested that the location of the valet queues, the
creation of uniformity among the queues, public access awareness, and having signage on the
queues that represented the sponsors /restaurants be re- evaluated. He suggested looking at other
program options. He discussed several options like a fee based program throughout downtown,
which could create financial value per parking space; possibly an in -house operation to control
the aspects of service; flat fee management which would be collected periodically or have a
Request for Qualifications (RFQ) provided to license each queue separately and then negotiate
the fees with the qualified vendor. Mr. Aronson stated that the current revenue from the valet
queues is $63,000.00 a year, which included 40 spaces west of the Intracoastal at $100.00 per
space and two (2) valet queues east of the Intracoastal at $125.00 per space. In addition,
$19,200.00 per year is generated from 40 spaces leased in the Federspiel Garage at $40.00 per
space /per month to Prime Steakhouse on S.E. 2" d Avenue. There are part-time spaces from the
110 East Atlantic Building in the Federspiel Garage used in the evenings. With the current
system, the City would receive $82,200.00 per year with some efforts.
Mr. Frankel stated that he attended the Downtown Development Authority (DDA) meeting and
business owners discussed valet costs in the other municipalities. There should be a minimal
increase in fees and valet queues should not be transferrable, queues should come back to the
City, he does not want the consumer to suffer.
March ] 5, 2012
Mr. Harden advised that the language could be included in the agreement.
Mrs. Gray stated that if there was a fee increase, it should be consistent from A1A to Atlantic
Avenue. She is also in favor of three (3) year agreements.
Mr. Carney stated the City should not run valet queues; our cost compared to other
municipalities is very cheap.
Dr. Alperin discussed the value of valet services to the City. He is interested in standardization
so that everyone knows how many spaces they should have. Dr. Alperin asked if we have
uniform requirements for the valet staff. He liked the idea of longer contracts, but there should
be room for increases and other modifications.
Mr. Aronson suggested a shirt with "Valet" on the back.
Mrs. Gray discussed the congested traffic on S.E. 2 "d Avenue.
Mayor McDuffie said he appreciated everything that had been done. Stakeholders downtown are
fine with the way the system works.
Dr. Alperin asked if all contracts would expire this month.
Brian Shutt, City Attorney, suggested that the termination clause in the contracts kept.
5. Discussion of On Street Parking Regulations
Mr. Carney opened this item for discussion. He discussed the parking enforcement hours on
East Atlantic Avenue (along Atlantic Avenue and SR A1A). He stated he wanted to encourage
not discourage people to go to the beach and the restaurants downtown.
Mr. Harden stated this may be an ordinance change.
It was the consensus of the Commission to enforce meters beginning at 9:30 a.m. to maintain
two (2) hours limit and no enforcement before 9:30 a.m. all beach parking and Atlantic Avenue
Monday through Thursday only.
6. Draft Proposals for Drainage Design Requirements
Mr. Richard Hasko, Director of Environmental Services presented this item. He discussed
proposed revisions to Land Development Regulations (LDR) Section 2.4.3, "Submission
Requirements" and Section 6.1.9, "Drainage Systems ", beforehand.
Mayor McDuffie adjourned the Workshop Meeting at 6:3 p.m.
City Clerk
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March 15, 2012
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Workshop Meeting of the City Commission held on Thursday,
Maxch 15, 2012, which Minutes were formally approved and adopted by the City Commission on
April 17, 2012.
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated above, this
means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
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March 15, 2012