07-17-12 Regular City Commission MinutesJULY 17, 2012
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers
at City Hall at 6:00 p.m., Tuesday, July 17, 2012.
1. Roll call showed:
Present- Commissioner Thomas F. Carney, Jr.
Commissioner Alson Jacquet
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
2. The opening prayer was delivered by Reverend Nancy Norman with Unity
of Delray Beach.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mr. Frankel moved to approve the Agenda, seconded by Mrs. Gray. Upon
roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs.
Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0
vote.
After the first motion, the City Manager requested that Item 9.C.,
Contract Award /Foster Marine Contractors, Inc. be removed from the Agenda.
Consequently, Mr. Frankel moved to approve the Agenda as amended,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray —
Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes.
Said motion passed with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mrs. Gray moved to approve the Minutes of the Regular Meeting of July
5, 2012, seconded by Mr. Frankel.
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Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes;
Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with
a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. International Clown Week — August 1 -7, 2012
Mayor McDuff a read and presented a proclamation hereby proclaiming
the week of August 1 -7, 2012 as International Clown Week. Krackerj ac Clown Alley of
Boynton Beach came forward to accept the proclamation and gave a few brief comments.
7. PRESENTATIONS:
7.A. RESOLUTION NO. 33 -12: Approve Resolution No. 33 -12 recognizing
and commending Robert Johnson for 30 years of dedicated service to the City of Delray
Beach.
The caption of Resolution No. 33 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING ROBERT JOHNSON FOR
THIRTY YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH.
(The official copy of Resolution No. 33 -12 is on file in the City Clerk's
office.)
Mayor McDuffie read and presented Resolution No. 33 -12 to Robert
Johnson for thirty years of dedicated service to the City of Delray Beach.
Mr. Jacquet moved to approve Resolution No. 33 -12, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr.
Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion
passed with a 5 to 0 vote.
8. CONSENT AGENDA: City Manager Recommends Approval.
S.A. ACCEPTANCE OF A WATER EASEMENT DEED /ABBEY
DELRAY SOUTH: Approve and accept an exclusive water easement deed for a new
fire hydrant at Abbey Delray South.
8.B. ACCEPTANCE OF A RECLAIMED WATER EASEMENT
DEED/LANE SUBDIVISION: Approve and accept a reclaimed water easement deed
for a new reclaimed water main at Lane Subdivision.
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8.C. INDEPENDENT CONTRACTOR AGREEMENT/VINCENT
MINTUS: Approve an Independent Contractor Agreement between the City and
Vincent Mintus to conduct background investigations for prospective candidates for
police officer and non -sworn police employment. Funding is available from 001 -2111-
521 -34.90 (General Fund: Other Contractual Services).
B.D. TRAFFIC ENFORCEMENT AGREEMENT/SHERWOOD FOREST
HOMEOWNERS ASSOCIATION: Approve a Traffic Enforcement Agreement with
the Sherwood Forest Homeowners Association to allow the City of Delray Beach Police
Department to enforce State and local traffic laws on the private roads owned by the
Association.
8.E. RESOLUTION NO. 34 -12: FLORIDA DEPARTMENT OF
TRANSPORTATION {FDOT)/MAINTENANCE MEMORANDUM OF
AGREEMENT: Approve Resolution No. 34 -12 authorizing the Mayor to execute the
Maintenance Memorandum of Agreement with the Florida Department of Transportation
(FDOT) to provide for an overall uniform landscape maintenance agreement covering the
areas under FDOT jurisdiction in the City of Delray Beach.
The caption of Resolution No. 34 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA APPROVING A
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION TO PROVIDE FOR AN OVERALL
AGREEMENT COVERING THE AREAS UNDER FDOT
JURISDICTION IN THE CITY OF DELRAY BEACH;
PROVIDING FOR CONFLICTS; PROVIDING AN
EFFECTIVE DATE.
(The official copy of Resolution No. 34 -12 is on file in the City Cleric's
office.)
B.F. RESCIND BID AWARD TO SIMPLY THE BEST CHARTER:
Approval to rescind the bid award to Simply the Best Charter in the amount of
$45,989.00 for bus rental and driver service for the Parks and Recreation Department for
Youth Football Program, Summer Day Camp, Holiday Day Camp, Special Events, Sport
& Dance Competition and Overnight/Weekend Trips and proceed with re- advertising the
project for bid.
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S.G. SPECIAL EVENT REOUEST /9TH ANNUAL FAMILY FUN DAY AT
POMPEY PARK: Approve a special event request for the 9"' Annual Family Fun Day
at Pompey Park, produced by the Parks and Recreation Department, to be held on August
18, 2012 from 8:00 a.m. to 11:00 p.m., with outside activities ending at 10:00 p.m.; and
authorize staff support for security and traffic control, fire inspection, trash removal and
clean up assistance, trash boxes, use of the large City stage, and preparation and
installation of event signage.
8.H. SPECIAL EVENT REQUEST/ON THE AVE /ROOTS CULTURAL
FESTIVAL FAMILY REUNION: Approve a special event request for On the
Ave /Roots Cultural Festival Family Reunion scheduled for August 11, 2012 from 4:00
p.m. to 10:00 p.m; and authorize staff support for security, fire inspection, trash removal
and clean up assistance, trash boxes, use of the large City stage, and preparation and
installation of event signage.
8_I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period July 2, 2012 through July 13, 2012.
8.J. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Florida Door Control in the amount of
$17,060.00 for the Police Department's Access Control System.
Funding is available from 001- 2111 -521 -46.10 (General Fund:
Repair & Maintenance Services/Building Maintenance).
2. Contract award to Intercounty Engineering, Inc. in the amount of
$82,998.00 for Lift Station Rehabilitation of lift station #35.
Funding is available from 442 - 5178 -536 -68.15 (Water & Sewer
Renewal & Replacement Fund: Improvements Other /Lift Station
Rehabilitation).
3. Purchase award to Fluid Control Specialties, Inc. in the amount of
$19,606.00 for the purchase and delivery of two replacement filter
backwash valves for the City's Water Treatment Plant. Funding is
available from 442 - 5178 - 536 -64.90 (Water & Sewer Renewal &
Replacement Fund: Machinery /Equipment/Other
Machinery /Equipment).
4. Purchase award to Emergency Vehicle Supply (EVS) in the
amount of $131,321.40 for the installation of police lighting and
equipment in fourteen (14) Police Department vehicles. Funding is
available from 501 - 3312 -591 -64.20 (Garage Fund: Machinery/
Equipment/ Automotive).
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5. Purchase award to WW Sod & Equipment Company in the amount
of $27,500.00 for the purchase of one (1) used Toro 3500D Rotary
Mower Sidewinder and one (1) used Toro RM5510 Fairway
Mower with Groomers and Canopy Top. Funding is available from
445 - 4761 -572 -64.90 (D B Municipal Golf Course: Machinery &
Equipment: Other Machinery /Equipment).
Mr. Frankel moved to approve the Consent Agenda, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet —
Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed
with a 5 to 0 vote.
Mayor McDuffie stated out of 700 cities that were competing for this
honor Rand McNally USA Today announced today that the City of Delray Beach has
won the "Most Fun Small Town" in the USA. He thanked the Downtown Marketing
Cooperative (DMC) and everyone who participated for making this happen. Mayor
McDuff e commended Stephanie Immelman for doing a remarkable job and stepped out
for the City of Delray Beach.
9. REGULAR AGENDA:
9.A. RESOLUTION NO. 31 -12: Consider approval of Resolution No. 31 -12
to rename the S.W. 5th Avenue Plaza as The Elizabeth "Libby" Jackson Wesley Plaza.
The caption of Resolution No. 31 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
ELIZABETH "LIBBY" WESLEY BY NAMING THE
5TH AVENUE PLAZA IN DELRAY BEACH, FLORIDA,
"THE ELIZABETH "LIBBY" JACKSON WESLEY
PLAZA," PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEALER; PROVIDING AN
EFFECTIVE DATE.
(The official copy of Resolution No. 31 -12 is on file in the City Clerk's
office.)
Lula Butler, Director of Community Improvement, read Resolution No.
31 -12 into the record renaming the 5t1 Avenue Plaza as The Elizabeth "Libby" Jackson
Wesley Plaza.
Mrs. Gray thanked the City of Delray Beach, CRA, and the City
Commission because when she brought Ms. Wesley's name forward everyone concurred
that recognizing her was a great idea. In addition, Mrs. Gray thanked her family and Ms.
Hill as well.
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At this point, Ms. Wesley's daughter spoke on her behalf.
Mrs. Gray moved to approve Resolution No. 31 -12, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said
motion passed with a 5 to 0 vote.
Mrs. Butler stated the CRA will do the official plaque and unveil at the
plaza on August 11, 2012.
Mrs. Gray stated this is the 35th year for the Roots Cultural Festival in that
this weekend starting July 20th they will be having their youth basketball tournament at
Pompey Park, Village Academy, and the Community Center. Also, Mrs. Gray stated on
August 11, 2012 there will be a family reunion for the 351h year and will be held on
Atlantic Avenue and S.W. 9ti' Avenue and August 3 -5, 2012 is the men's tournament.
She encouraged everyone to come out and support the Roots Cultural Festival.
9.B. SETTLEMENT AGREEMENT AND CONSENT ORDER: CARON
FOUNDATION OF FLORIDA. INC.: Consider approval of a proposed Settlement
Agreement and Consent Order with Caron Foundation of Florida, Inc.
The City Attorney stated the Caron Foundation filed a lawsuit against the
City of Delray Beach claiming violations of the Fair Housing Act (FHA) and Americans
with Disabilities Act (ADA) based on a denial of a reasonable accommodation request
and the enactment of certain zoning ordinances. He stated a Federal Court granted a
portion of that in May 2012. The City Attorney stated after that order staff met with
Caron and had several discussions with them and the proposed settlement agreement
before the Commission came out of those settlement discussions. The City Attorney
stated the highlights of that settlement agreement is that basically Caron agrees to not
own/operate any more than 2 homes in the City, while not required, Caron has agreed to
pay the property taxes to the City (minus the school portion) which they will then take
that amount and use that in conjunction with the City's Education Coordinator for
educational programs in the City, Caron will also be allowed to relocate their second
Ocean Drive home one time with the reasonable accommodation remaining in place,
Caron agrees to have no more than 6 people in the second Ocean Drive property and 8 in
the first Ocean Drive property, Caron would have no more than 4 vehicles in the
driveway of either property for more than 12 hours continuously and the turnovers for the
homes would comply with Ordinance No. 29 -09 which is what the Federal Court ruled
that the City would need to comply with. The City Attorney noted that Mr. Mandel, the
City's outside counsel is present if the Commission has any questions.
Mr. Jacquet stated regarding the taxes that Caron has agreed to pay there is
no time limit as to when they will stop paying those taxes. The City Attorney stated as long as Caron owns the property they would continue to pay the taxes and noted they are
not required to pay the properly taxes. Mr. Jacquet inquired about the amount.
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The City Attorney stated in 2011 the properties were approximately $37,000 and $35,000
and if you subtract the school portion of that it would be $20,000/$25,000 for each
property that would then be coming to the City.
Mr. Carney stated he read and reread the judge's ruling and noted there
was motion for the injunction which essentially the judge came back and said that there
was a substantial likelihood that the plaintiff would prevail on the merits of its claim to
the injunction as it would be imposed on them. Mr. Mandel stated the standard to grant a
preliminary injunction is very high and it has to be "a substantial likelihood of success on
the merits" and the court found that there is a substantial likelihood that Caron would
prevail as to its intentional discrimination under the ADA (Americans with Disabilities
Act) and the Fair Housing Amendments Act (FHAA). Mr. Mandel stated the injunction
only related to the Caron Foundation. Mr. Carney asked if the standard higher than
Caron would have had to meet in a regular trial.
Brief discussion ensued between Mr. Mandel and Mr. Carney.
Mrs. Gray asked how the ordinance the City has in place now relates to
what Caron is willing to have no more than 6 people in the second Ocean Drive property.
The City Attorney stated the ordinance the City has now provides that "no more than 3
unrelated people" and the 6 is above the 3. However, the City Attorney stated this
settlement agreement only applies to the Caron Foundation and no one else. Mrs. Gray
asked for an estimated amount of what is being spent on this case. The City Attorney
stated to date for litigation the City spent approximately $55,000 and that will increase
dramatically if the City continues on through the appellant process and then through a full
blown trial.
Mr. Frankel stated since 2009 he has tried to be the single strongest
advocate in protecting our single family neighborhoods. He stated there is a lot of
misinformation out there and feels it is important to clarify some things, and if it has not
already been done, he feels the opinion needs to be posted on the City's website. Mr.
Frankel thanked outside counsel and the City's inside counsel for doing a great jab. Mr.
Frankel stated he is against any business in a single family neighborhood and in 2009 he
proposed having no more than 3 unrelated in any dwelling and unfortunately at that time
his colleagues thought that was too stringent including many of our beach residents who
lease out their homes were not interested. Mr. Frankel stated he is happy that in 2012 the
City was able to pass the position he previously took. He stated since 2009 he has met
with State and Federal representatives, worked with the Police Department about this
area and it is very complex. Mr. Frankel stated according to Federal law a child born
with spinal bifida is offered the same protections as someone in recovery for alcohol or
drugs. Mr. Frankel read the opinion of Judge William P. Dimitrouleas of the U.S.
District Court into the record (page #20 & 21). Mr. Frankel stated if this goes any further
the City is looking at over $1 million in legal fees potentially and it is going to be worse
than what is in the settlement agreement. Mr. Frankel stated while he is not happy about
it, he believes the City has no choice but to approve the settlement agreement.
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Mayor McDuffie stated the Commission was asked by the community to
do something about this issue and our own legal team worked for a number of years and
along with outside counsel the City worked for quite some time longer. He stated he
asked the public how much more tax were they willing to spend to continue to try to
eliminate this problem. Mayor McDuffie stated in conversation with outside counsel, our
own legal counsel as the spear point of this effort in South Florida we have run into an
immovable object. Mayor McDuffie stated a city of this size cannot stand for a loss of
revenue of the magnitude that this could reach. He stated he believes the City has done
their best to try to bring the stability to single family neighborhoods that Commissioner
Frankel has talked about. Mayor McDuffie stated all of us would like to have pure single
family neighborhoods whether we are the BPOA, Lake Ida, or someone else. He stated
given the Americans with Disabilities Act (ADA), the Fair Housing Law (FHL), and
everything else the City is running into it is impossible. He stated for the City to pursue
this and throw more money at it is fiscally irresponsible and unconscionable. Mayor
McDuffie stated he sees nothing to do but to agree with the settlement agreement.
Mr. Carney stated he understands the frustrations that the Commission is
having, that counsel is having, and that the citizens of Delray Beach are having. Mr.
Carney stated the ordinance itself was found to be non - discriminatory. Mr. Carney stated
he does not like the idea of settling when he knows that the Commission as a body
adopted this ordinance and did not have any of the uitents that are being imputed to them.
Brief discussion ensued by the Commission.
Mr. Mandel stated the City is only agreeing not to enforce certain things
against Caron and Caron only; the ordinance still is in play for everyone else.
Mr. Jacquet stated he is glad to know that this is only dealing with Caron.
He suggested that the City start dialogue with our representatives in Washington and see
if there is a change down the road that could take care of this for us and other
municipalities that are dealing with similar situations.
Mayor McDuffie stated he and Mike Malone went to Washington with
several things to talk to the Congressional Delegation about (i.e. Beach Renourishment,
Highway funding, etc.) but they had two huge issues they wanted to discuss and that were
transient housing and pill mills. Mayor McDuffie stated it caught fire in Washington and
Tallahassee and we now have some very strong efforts being put forth in Tallahassee
with evidence down here that we got serious about dealing with prescription drug pill
mills. Mayor McDuffie stated there is some legislation in the way of this that is huge.
Mayor McDuffie encouraged the Commission to continue to make trips to Washington
and reminded everyone of the election in November and that is where people need to
speak.
Mr. Frankel moved to approve the settlement agreement and Consent
Order with Caron Foundation of Florida, Inc., seconded by Mrs. Gray.
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Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes;
Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with
a 5 to 0 vote.
9.C. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
At this point, Mr. Harden stated Item 9.D. will take quite a bit of time and
suggested that the Commission make their appointments first and come back to this item.
9.E. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD:
Appoint one (1) regular member to serve an unexpired term ending July 31, 2013 and two
(2) regular members to serve two (2) year terms ending July 31, 2014 to the Financial
Review Board. Based upon the rotation system, the appointments will be made by Mayor
McDuffie (Seat #5), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat
#3).
Mayor McDuffie stated he wished to appoint Brian Wood as a regular
member to the Financial Review Board (FRB) to serve a two (2) year term ending July
31, 2014. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the
Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney —
Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
Mr. Jacquet moved to reappoint Jeremy Office as a regular member to the
Financial Review Board (FRB) to serve a two (2) year term ending July 31, 2014,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor
McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray —
Yes. Said motion passed with a 5 to 0 vote.
Mr. Frankel moved to reappoint Luise Piane as a regular member to the
Financial Review Board (FRB) to serve an unexpired term ending July 31, 2013. Upon
roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr.
Frankel.— Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to
0 vote.
9.F. APPOINTMENTS TO THE PUBLIC EMPLOYEES RELATIONS
COMMISSION: Appoint one (1) regular member to serve a four (4) year term ending
August 1, 2016 and one (1) alternate member to serve an unexpired term ending June 30,
2014 to the Public Employees Relations Commission. Based upon the rotation system,
the appointments will be made by Commissioner Frankel (Seat #3) and Commissioner
Gray (Seat #4).
Mr. Frankel moved to reappoint Edward Desmond as a regular member to
the Public Employees Relations Commission (PERC) to serve a four (4) year term ending
August 1, 2016, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie —
Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote.
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Mrs. Gray moved to appoint Yvonne Walker as an alternate member to the
Public Employees Relations Commission (PERC) to serve an unexpired term ending June
30, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows:
Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr.
Jacquet — Yes. Said motion passed with a 5 to 0 vote.
9.G. APPOINTMENTS TO THE EDUCATION BOARD: Appoint five (5)
regular members to serve two (2) year terms ending July 31, 2014 and one (1) regular
member to serve an unexpired term. ending July 31, 2013 to the Education Board. Based
upon the rotation system, the appointments will be made by Commissioner Frankel (Seat
#3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner Carney
(Seat #1) Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat 43).
Mr. Frankel moved to appoint Debra Kaiser as a regular member to the
Education Board to serve a two (2) year term ending July 31, 2014, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion
passed with a 5 to 0 vote.
Mrs. Gray moved to reappoint Angela Burns as a regular member to the
Education Board to serve a two (2) year term ending July 31, 2014, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr.
Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion
passed with a 5 to 0 vote.
Mayor McDuffie stated he wished to reappoint as a regular member to the
Education Board to serve a two (2) year tenn ending July 31, 2014. Mr. Frankel so
moved, seconded by Gray. Upon roll call the Commission voted as follows: Mr. Carney
— Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes.
Said motion passed with a 5 to 0 vote.
Mr. Carney stated he would like to defer his appointment to the next
regular meeting of August 7, 2012.
Mr. Jacquet moved to appoint Shannon Schwartz as a regular member to
the Education Board to serve a two (2) year term ending July 31, 2014, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel —
Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed
with a 5 to 0 vote.
Mr. Frankel moved to appoint Toni McMillan as a regular member to the
Education Board to serve an unexpired term ending July 31, 2013, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray —
Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed
with a 5 to 0 vote.
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9.H. APPOINTMENTS TO THE PARKING MANAGEMENT
ADVISORY BOARD: Appoint two (2) regular members to serve two (2) year terms
ending July 31, 2014 to the Parking Management Advisory Board. Based upon the
rotation system, the appointments will be made by Commissioner Gray (Seat #4) and
Mayor McDuffie (Seat #5).
Mrs. Gray moved to reappoint John Gergen as a regular member to serve
on the Parking Management Advisory Board (PMAB) to serve a two (2) year term ending
July 31, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet —
Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
Mayor McDuffie stated he wished to reappoint Alan Kornblau as a regular
member to the Parking Management Advisory Board (PMAB) to serve a two (2) year
term ending July 31, 2014. Mrs. Gray so moved, seconded by Mr. Frankel. Upon roll
call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr.
Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0
vote.
9_I. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint
six (6) regular members to serve two (2) year terms ending July 31, 2014 to the Police
Advisory Board. Based on the rotation system, the appointments will be made by
Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray
(Seat #4), Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1) and
Commissioner Jacquet (Seat #2).
Mr. Jacquet stated he would like to defer his appointment to the next
regular meeting of August 7, 2012.
Mr. Frankel moved to appoint Wyana Claxton as a regular member to the
Police Advisory Board (PAB) to serve a two (2) year term ending July 31, 2014,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney —
Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes.
Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to reappoint Edith Thompson as a regular member to the
Police Advisory Board (PAB) to serve a two (2) year term ending July 31, 2014,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet
— Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes.
Said motion passed with a 5 to 0 vote.
Mayor McDuffie moved to appoint Shelly Weil as a regular member to the
Police Advisory Board (PAB) to serve a two (2) year term ending July 31, 2014, Mr.
Frankel so moved, seconded by Mrs. Gray.
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Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes;
Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with
a 5 to 0 vote.
Mr. Carney moved to reappoint Robert Shell as a regular member to the
Police Advisory Board (PAB) to serve a two (2) year term ending July 31, 2014,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray —
Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes.
Said motion passed with a 5 to 0 vote.
Mr. Jacquet moved to appoint Aird Cajuste as a regular member to the
Police Advisory Board (PAB) to serve a two (2) year term ending July 31, 2014,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor
McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray —
Yes. Said motion passed with a 5 to 0 vote.
9.J. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD:
Appoint four (4) regular members to serve two (2) year terms ending July 31, 2014 to the
Public Art Advisory Board. Based on the rotation system, the appointments will be made
by Commissioner Gray (Seat #4), Commissioner Frankel (Seat #3), Commissioner Gray
(Seat #4) and Mayor McDuffie (Seat #5).
Mrs. Gray moved to reappoint Sandi Franciosa as a regular member to the
Public Art Advisory Board (PAAB), seconded by Mr. Frankel. Upon roll call the
Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes;
Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote.
Mr. Frankel moved to appoint as a regular member to the Public Art
Advisory Board (PAAB) to serve a two (2) year term ending July 31, 2014, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said
motion passed with a 5 to 0 vote. .
Mrs. Gray stated she would like to defer her appointment to the next
regular meeting of August 7, 2012.
Mayor McDuffie stated he wished to appoint Kevin Rouse as a regular
member to the Public Art Advisory Board (PAAB) to serve a two (2) year term ending
July 31, 2014. Mr. Frankel so moved, seconded by Mr. Carney. Upon roll call the
Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie —
Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:03 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
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10. PUBLIC HEARINGS:
10.A. PUBLIC COMMENTS /FY 2013 PROPOSED BUDGET: The City
Commission will hear public comments, if any, regarding the FY 2013 Proposed Budget
at this time.
Mayor McDuffie declared the public hearing open regarding the fiscal
year 2013 proposed budget.
Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive
Unit "C", Delray Beach, FL 33483, stated he does not feel it is right that there are 6,000
parcels in the city of people that do not pay any taxes at all. Mr. Blum stated he does not
like the term "fire fee" and suggested that it should be "alternative minimum tax ". He
stated he supports setting up a fee like last year's amount about $60 or $70 per household
but a corresponding reduction in the millage rate for the people that are already paying
for that service so they do not get hit twice. Mr. Blum stated it would bring everyone
onto the tax rolls and urged the Commission to consider this for year's budget.
Dr. Victor_Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), stated the problem with what Mr. Blum
recommended is to arrive at the figure that is being proposed is an impossibility. He
stated the 3,500 people that cannot pay the $65 again will not be able to pay the $65. Dr.
Kirson stated the city will have to use the enterprise money or the reserves.
There being no one else from the public who wished to speak on the fiscal
year 2013 proposed budget, the public hearing was closed.
10.11. ORDINANCE NO. 19 -12: Consider a Future Land Use Map amendment
from MD (Medium Density Residential 5 -12 du/ac) to CC (Commercial Core) and
rezoning from RM (Medium Density Residential) to CBD (Central Business District) for
a vacant parcel located on the east side of S.W. 10th Avenue approximately 391 feet
south of West Atlantic Avenue at 35 S.W. 10th Avenue. (Quasi - Judicial Hearing)
The caption of Ordinance No. 19 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA
ADOPTING A SMALL -SCALE FUTURE LAND USE
MAP AMENDMENT FROM MD (MEDIUM DENSITY
RESIDENTIAL 5 -12 DU /AC) TO CC (COMMERCIAL
CORE), PURSUANT TO THE PROVISIONS OF THE
"COMMUNITY PLANNING ACT ", FLORIDA
STATUTES SECTION 163.3187, FOR LAND LOCATED
ON THE EAST SIDE OF SW 10TH AVENUE, 391 FEET
SOUTH OF WEST ATLANTIC AVENUE, AS MORE
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PARTICULARLY DESCRIBED HEREIN, AND
REZONING AND PLACING SAID LAND PRESENTLY
ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT TO CBD (CENTRAL BUSINESS) DISTRICT;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, JANUARY 2012 "; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 19 -12 is on file in the City Cleric'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.
Mayor McDuffie read the City of Delray Beach Quasi - Judicial Hearing
rules into the record for this item.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. The Commission stated they had no ex parte communications to
disclose.
Ron Hoggard, AICP, Principal Planner, entered the Planning and Zoning
project file #2012 -137 and 42012 -138 into the record.
Mr. Hoggard stated the property is on the east side of S.W. 1& Avenue
approximately 391 feet south of West Atlantic Avenue. Mr. Hoggard stated it is part of a
larger parcel that is owned by the Community Redevelopment Agency (CRA). The
property is being developed as a hotel that went up for RFP by the CRA and this parcel is
currently zoned RM (Medium Density Residential) land use designation. Mr. Hoggard
stated in order to use this for parking for the hotel it needs to have a land use plan
amendment and an associated rezoning. He stated the Future Land Use Map change is
from Medium Density Residential (MD) to Commercial Core (CC), and in terms of
zoning it would go from RM (Multiple Family Residential) to CBD (Central Business
District). Mr. Hoggard stated there are a number of findings that are required with this.
The first ones are associated with LDR Section 3.1.1 (Required Findings) are
Consistency, Concurrency, Compatibility, and Compliance. Mr. Hoggard stated also
included in the staff report is the number of policies in the Comprehensive Plan that are
related to Goal Area C which are the ones related to redevelopment in the city. He stated
the Comprehensive Plan Future Land Element Policy A -1.7 requires that Future Land
Use Plan amendments also meet these findings and that it be based on demonstrated
need.
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The applicant has submitted a statement based on the demonstrated need which is
economic stimulus in the area to be created by development. Mr. Hoggard stated Future
Land Use Element Objective A -1.1 is that the development is appropriate in terms of the
physical considerations on the site and complimentary to the adjacent land uses and
fulfills remaining land use needs. He stated it is compatible with the Southwest
Neighborhood Redevelopment Plan (northwest quadrant) and it calls for a substantial
redevelopment of the property north of S.W. 2nd Street to include a mix of residential and
commercial uses. Mr. Hoggard stated the other standards are for rezoning actions
Section 3.2.2 and Item D applies which states "That the rezoning shall result in allowing
land uses which are deemed compatible with adjacent and nearby land use both existing
and proposed..." Also, Mr. Hoggard stated with regard to rezoning finding 2.4.5(D)(5)
and noted there has been a change in circumstance which makes the current zoning
inappropriate and that the requested zoning is of similar intensity allowed under the
Future Land Use Map and more appropriate. He stated to do a hotel in this area would
require the additional area for the parking.
At its meeting of May 24, 2012, the Community Redevelopment Agency
(CRA) reviewed the development proposal and recommended approval of the privately
initiated FLUM amendment and rezoning. The development proposal is not within a
geographical area requiring review by the Downtown Development Authority (DDA). At
its meeting of June 18, 2012, the Planning and Zoning Board reviewed this item and
recommended approval. Staff recommends approval of this ordinance.
Jay Huebner, HSO Group, Inc., (agent for the applicant), stated they
have a conceptual site plan that they have been working on in order to meet parking they
need this parcel to do that. Mr. Hueber stated the adjacent use which is another parking
lot to a church is nominal impact on them.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of Ordinance No. 19 -12, to please come forward at this time.
There being no one from the public who wished to address the Commission regarding
Ordinance No. 19 -12, the public hearing was closed.
There was no cross- examination or rebuttal.
Mrs. Gray inquired about the project. Mr. Huebner stated they are looking
to move forward with the hotel and it is going to be a Marriott and this land use needs to
go forward before the Commission spends a lot of money for consultants, etc. to develop
plans.
Mr. Carney moved to adopt Ordinance No. 19 -12 on Second and FINAL
Reading. The motion failed for the lack of a second.
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10.C. RESOLUTION NO. 32 -12: Consider approval of Resolution No. 32 -12
establishing a budget for the Stormwater Utility System, establishing the rates for FY
2013 Stormwater Management Assessments, and certifying and adopting the Stormwater
Assessment Roll.
The caption of Resolution No. 32 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
ESTABLISHING A BUDGET FOR THE
STORMWATER UTILITY SYSTEM; ESTABLISHING
RATES FOR STORMWATER MANAGEMENT
ASSESSMENTS FOR EACH PARCEL WITHIN THE
BENEFITTED AREA, OTHER THAN NON - ASSESSED
PROPERTY; PROVIDING FOR A PUBLIC HEARING;
PROVIDING FOR THE CERTIFICATION AND
ADOPTION OF THE STORMWATER ASSESSMENT
ROLL IN ACCORDANCE WITH CHAPTER 56 OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA; AND PROVIDING AN EFFECTIVE
DATE.
(The official copy of Resolution No. 32 -12 is on file in the City Clerk's
office.)
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 32 -12,
the public hearing was closed.
The City Manager stated this is a non -ad valorem assessment for the same
amount that it has been for the last several years $63.96 per Equivalent Residential Unit
(ERU) per year. He stated there are certain discounts in the Lake Worth Drainage
District (LWDD) and those properties serve by private system.
Mr. Carney stated he sees the budget from fiscal year 2012/13; however,
there is no comparison on the numbers from fiscal year 2011/12 to show if any savings
were achieved. Mr. Carney stated he does not understand the financials because he does
not see the prior year.
The City Manager stated staff has made reductions in fuel and insurance
costs. He stated this information is not part of the resolution. The City Manager stated
this is a stand -alone fund and the only difference is what is not in operating goes into
capital or project reserve. He stated there are some savings because the administrator of
this retired and the new person will be at a somewhat lower salary.
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The City Manager reiterated that the difference stays in the stormwater fund; in
stormwater there are operating costs and capital costs so it would either go into other
capital projects or to a project reserve for future capital projects.
Mr. Frankel moved to approve Resolution No. 32 -12, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion
passed with a 5 to 0 vote.
At this point, the time being 7:23 p.m., the Commission moved to Item
11, Comments and Inquiries on Non - Agenda Items from the City Manager and the
Public.
11.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.
11.13.1. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive
Unit "C ", Delray Beach, FL 33483, stated he went to an Inspector General (IG) meeting
last week and. they were amazed when he told them that with regard to the Regular
Agenda for the City of Delray Beach the public is not allowed to speak. Mr. Blum stated
the City Manager decides where the items go on the agenda and the public may not get to
speak on a certain item depending on where it is placed. Mr. Blum stated other cities
allow for people to speak and if it concerns the citizens of the city anybody is allowed to
speak when an agenda item comes up. He stated they got back to him today and quoted
the State Supreme Court of Florida has said that people should for the most part have a
right to speak on any item on the agenda that pertains to them. Mr. Blum asked where
does it state that the public is not allowed to speak on regular agenda items and if the
Commission would consider allowing the public to speak on regular agenda items.
11.B.2. Charles Dortch, 112 S.E. 7th Avenue #2, Delray Beach, FL 33483,
asked the Commission to get Delray Beach on the map but in a different venue. Mr.
Dortch stated he is a teacher and volunteers for the North Broward/South Palm Beach
Move0n.org Council. He stated they are working on a constitutional amendment to
overturn Citizens United. Mr. Dortch stated the Supreme Court voted 5 to 4 in favor of
Citizens United and one of the remedies that they announced was that they would hope
that Congress would pass a law that would have transparency. He stated he would like
the City of Delray Beach to be one of the many cities in the United States that are now
starting to get behind support for this "Move to Amend" issue.
11.B.3. Joni Albrecht, 803 N. Swinton Avenue, Delray Beach, FL 33444, stated
everyone should have a vote whether they live on the beach, by the tracks, or near I -95.
She is proud that Delray Beach supports recovery and noted that she is a Pediatrician who
deals with both the kid with Spina Bifida and the teenager struggling with addiction.
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Ms. Albrecht stated she wants our governments to be representative of the population and
not show loyalties to whomever pays for their campaign or TV ads. She stated she sent
the Commission copies of the resolution that was passed in June at the US Conference of
Mayors in Orlando and read this into the record.
11.B.4. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), and stated two weeks ago he suggested a 5%
increase for every city employee without a tax increase and received no response.
Secondly, Dr. Kirson commented about the fire tax and it was deemed
"no" and asked why it is being brought up again.
11.B.5. Christina Morrison, 2809 Florida Boulevard, Delray Beach, FL
33483, stated on June 15, 2012 Waste Management stood up at a Government Affairs
meeting for the Chamber of Commerce and gave out some information on contracts and
it did not look right to her. Therefore, Ms. Morrison stated she had everything researched
and the results of her research are in front of the Commission. She stated all the four
cities that were renegotiated (Riviera Beach, Palm Beach Gardens, Juno Beach and
Jupiter) all reduced their rates for the residential. Ms. Morrison stated Jupiter and Juno
Beach have similar rates for the residential but includes two times per week vegetation
pick up and in Delray Beach we have one time a week vegetation pickup. She stated the
most comparable city to Delray Beach is Palm Beach Gardens in that they are similar in
the amount of residential units and a sizeable commercial base; fewer multi- family units
and Delray Beach has the most multi- family units. She asked that the contract go out for
renegotiation and for open bid for transparency.
9.D. PRIORITY BASED BUDGETING: Presenting the results of the
Priority Based Budgeting System Process.
Doug Smith, Assistant City Manager, stated last year the Commission
approved a proposal for services with the Center for Priority Based Budgeting and that
included implementation of their priority budgeting model which is an extensive process
of ranking and prioritizing budget programs. Mr. Smith gave a brief overview of the
process and displayed the model. which is a tool for looking at and examining the City's
budget broken down by program and prioritization. Mr. Smith explained that the City
Vision Statement was used to arrive at the following Community Results: World Class
Beach, Vibrant Downtown, Diverse Local Economy, Community of Quality
Neighborhoods and Schools, Abundant Recreational and Cultural Opportunities, and
Community Where People Embrace Cultural Diversity. As part of the Priority Based
Budgeting process, the Commission was invited to participate in an exercise to invest a
sum of $500 on the Community Results to determine the prioritization that they felt was
important. Mr. Smith stated staff ranked and rated the budget programs based on the
criteria in addition to specific program attribute criteria which are whether services are
mandated, whether we rely on the city to provide that or are there other providers, cost
recovery, and the demand for services. He stated after City staff rated this there was a
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process of including internal peer review by creating teams of employees that went
through those results to give it a second review. Mr. Smith stated these several layers of
review were presented to the consultants who then put the results into their priority
budgeting model. Mr. Smith stated the results that came from the peer review and the
departmental ranking are plugged into their model and allocated by Quartiles 1 -4 with
Quartile #1 programs were the highest rated.
Mr. Carney stated a lot of the numbers did not end up where he thought
they would fall.
Mayor McDuffie stated there was a comment from the public about
ranking the Police Department as Quartile #4 and does not believe they are seeing the
true picture of this because that particular line item in that particular department is a
Quartile #4 even if you are talking about one of the critical departments.
Mayor McDuffie stated it is very challenging to rank and rate these things.
The City Manager stated the projected revenue at the 2012 millage rate is
$93,057,890 and explained that this is the total millage (operating and debt service). He
stated the operating would actually increase a little because the increase in assessed
values allows the debt service part to go down a little bit. The City Manager stated the
roll back rate is $93,100,000 and the maximum rate the Commission could go at a
majority vote is $109,000,000 which is 9.99 mills and by a super majority the
Commission could go to 10 mills. He stated a tenth of mill equals $590,000 but
approximately $89,000 of that would go to the CRA so the net amount to the City would
be $501,000, one -tenth of a mill increase. The City Manager briefly reviewed the fiscal
year 2013 budget. The City Manager stated the meeting is set on August 3, 2012 to
determine the proposed millage on the Notice of Taxes that will go out from the Property
Appraiser's office and suggested that the Commission schedule a work session on July
24 to give staff further direction as to how they choose to address the gap of
approximately $2.4 million.
Mr. Frankel and Mr. Carney stated they will both be out of town on July
24th.
The City Manager stated the City's deadline for getting the proposed
millage in is August 3, 2012 by 5:00 p.m.
After brief discussion, it was the consensus of the Commission to hold a
Budget Workshop meeting on Tuesday, July 31, 2012 at 3:00 p.m.
At this point, the time being 8:04 p.m., the Commission moved back to
Item 9.K. of the Regular Agenda.
9.K. CITY MANAGER EVALUATION
This item has been moved to the regular meeting of August 7, 2012.
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9.L. CITY ATTORNEY EVALUATION
This item has been moved to the regular meeting of August 7, 2012.
12. FIRST READINGS:
A. None
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
13.A. City Manager
The City Manager read a brief statement into the record and publicly
announced his retirement. He noted that he grew up in Okeechobee, went to school in
Atlanta for six years, and worked in the Orlando area for 19 years. The City Manager
stated he will retire the first week in January 2013 after 22 years of service with the City
of Delray Beach. The City Manager stated at the City Manager's Conference this year he
will receive a 40 year local government service recognition.
13.B. City Attorney
The City Attorney stated he will be out of town the last part of July and
the beginning of August.
13.C. City Commission
13.C.1. Mr. Jacquet
Mr. Jacquet stated this past weekend on Saturday there was a 7 on 7
competition at the Old Atlantic High School complex where two Delray teams were in it
(Village Academy and Atlantic High School) and both did very well. He stated Village
Academy defeated Atlantic High School in the semi - finals and Village Academy lost to
Boca High in the finals. Mr. Jacquet stated this competition is put on by Prep and Sports
(T.J. Jackson, David Clowney, Brandon Flowers and Preston Parker) and stated many
Delray guys who have made it to the NFL were there. Mr. Jacquet stated this was his
first year attending and it was very good and looks forward to attending next year.
13.C.2. Mr. Carney
Mr. Carney stated several meetings ago the Commission had discussed
about trying to do a Visions 20/20 and he would like to get this set for a date certain
sometime in November/December where the community can get involved with what we
want our vision to be especially with the City Manager's 22 years of experience it adds
an invaluable ingredient to where we are. Mr. Carney stated he would really like to get
that accomplished before the City Manager leaves so that when the Commission goes
through the process of selecting what will be a very difficult replacement at least there
will be some kind of road map to help the Commission move forward.
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The City Manager stated Lula Butler is working on this and staff will be setting
up a Steering Committee and will talk to FAU about getting them involved again.
Secondly, Mr. Carney stated it is a matter of policy that contract values
over a certain amount per year even if they are on the Consent Agenda should always
come back to the City Commission so that they can have a look at them and have the
opportunity to have a discussion.
Mr. Carney thanked the City Manager for doing a wonderful job over the
last 22 years.
Lastly, Mr. Carney stated earlier this evening the Commission discussed
Ordinance No. 19 -12 to change the zoning and it failed for lack of a second. He stated
the Community Redevelopment Agency (CRA) staff worked on this for 3 years and did
an RFP. Mr. Carney stated that the Commission should at least hear from the CRA who
is responsible for the redevelopment of that corridor why they think it is important. The
City Attorney stated staff can bring this back at the next regular meeting of August 7,
2012 to see if someone other than Commissioner Carney wants to make a motion for
reconsideration.
13.C.3. Mrs. Gray
Mrs. Gray thanked the City Manager for everything that he has done and
stated his leadership and stability has been valuable. She stated the City Manager will be
missed.
Secondly, Mrs. Gray suggested that the city look into hiring lobbyists to
help obtain dollars and look into how much it will cost to have people advocate on the
Commission's behalf.
Lastly, Mrs. Gray stated at the last regular meeting she expressed concern
about S.E. 3rd Avenue off Atlantic Avenue regarding the zoning from Swinton Avenue to
the railroad. She asked if a text amendment will need to be done because of the conflict
in the zoning.
13.C.4. Mr. Frankel
Mr. Frankel echoed comments expressed by the rest of the Commission
and congratulated the City Manager for a great job. Mr. Frankel stated the City Manager
has the hardest job, the toughest decisions, and receives the most critiques. He stated for
someone to have a position for 22 years and have a "bull's eye" on them when they are
making so many decisions is tough. Mr. Frankel stated in remembering when he first
came to the city when he was 12 years old and to see where it is today, in his opinion Mr.
Harden is the "captain of the ship." Mr. Frankel stated he is looking forward in the
upcoming months to honor the City Manager for everything that he has done.
Secondly, Mr. Frankel recognized former Police Officer Brady Myers
who is directly responsible for working with Tallahassee with regard to pill mills.
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Mr. Frankel suggested that the City give him a proclamation to honor him for his work
with regard to the pill mills.
Mr. Frankel stated another group that deserves recognition is Stephanie
Immelman and the entire Delray Beach Marketing Cooperative (DBMC) for all their
work for the Most Fun Small Town. He stated it was a team effort how they got the
community together, the volunteers, restaurants involved, the car to drive them down
Atlantic Avenue, etc. Mr. Frankel stated he watched it on television and although it was
great that Delray Beach was represented, they did not get the accolades today but he
would like to see the people who are responsible in putting this together get honored.
Lastly, Mr. Frankel stated he was at the Convention Center for his TDC
meeting Thursday and the Sports Commission sponsors a two -day sports festival. He
stated they bring kids from Palm Beach and Dade County to participate. Mr. Frankel
stated Delray Beach Parks and Recreation was there with a large group of Delray Beach
children having a great time.
13.C.5. Mayor MCDuffIe
Mayor McDuffie congratulated and thanked the City Manager for his 22
years of service with the City of Delray Beach.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 8:29 p.m.
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 July 17, 2012, which Minutes were formally approved and adopted by the City
Commission on August 7, 2012.
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City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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