10-02-12 Regular MeetingCity of Delray Beach
Regular Commission Meeting
RULES FOR PUBLIC PARTICIPATION
Tuesday,
October 2,
2012
Regular
Meeting 6:00
p.m.
Public
Hearings
7:00 p.m.
Delray Beach
City Hall
1. PUBLIC COMMENT : The public is encouraged to offer comments with t he order
of presentation being as follows: City Staff, publi c comments, Commission discussion
and official action. City Commission meetings are b usiness meetings and the right to
limit discussion rests with the Commission. Generally, remarks by an individual will
be limited to three minutes or less . The Mayor or presiding officer has discretion to
adjust the amount of time allocated.
A.Public Hearings: Any citizen is entitled to speak o n items under this section.
B.Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is
entitled to be heard concerning any matter within t he scope of jurisdiction of the
Commission under this section. The Commission may w ithhold comment or
direct the City Manager to take action on requests or comments.
C.Regular Agenda and First Reading Items: Public inpu t on agendaed items, other
than those that are specifically set for a formal p ublic hearing, shall be allowed
when agreed by consensus of the City Commission.
2. SIGN IN SHEET : Prior to the start of the Commission Meeting, ind ividuals wishing
to address public hearing or non-agendaed items should sign in on the sheet located on
the right side of the dais. If you are not able to do so prior to the start of the meeting,
you may still address the Commission on an appropri ate item. The primary purpose of
the sign-in sheet is to assist staff with record keeping. Th erefore, when you come up to
the podium to speak, please complete the sign-in sh eet if you have not already done so.
3. ADDRESSING THE COMMISSION : At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must be
addressed to the Commission as a body and not to in dividuals. Any person making
impertinent or slanderous remarks or who becomes bo isterous while addressing the
Commission shall be barred by the presiding officer from speaking further, unless
permission to continue or again address the Commiss ion is granted by a majority vote of
the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appea l any decision made by the City
Commission with respect to any matter considered at this meeting, such person will
need to ensure that a verbatim record includes the testimony and evidence upon which
the appeal is based. The City neither provides nor prepares such record.
100 N.W. 1st
Avenue
Delray
Beach, FL
33444
Phone: (561)
243-7000
Fax: (561)
243-3774
The City will furnish auxiliary aids and services t o afford an individual with a
disability an opportunity to participate in and enj oy the benefits of a service,
program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24
hours prior to the event in order for the City to a ccommondate your request.
Adaptive listening devices are available for meetin gs in the Commission
Chambers.
REGULAR MEETING AGENDA
1. ROLL CALL
2. INVOCATION
3. PLEDGE OF ALLEGIANCE TO THE FLAG
A.NONE
4. AGENDA APPROVAL
5. APPROVAL OF MINUTES:
A.August 23, 2012 - Workshop Meeting Minutes
B.August 14, 2012 - Workshop Meeting
C.August 17, 2012 - Workshop Meeting
D.August 28, 2012 - Workshop Meeting
E.September 4, 2012 – Regular Meeting
6. PROCLAMATIONS:
A.NONE
7. PRESENTATIONS:
A.Artist Alley Project – Pineapple Grove Arts District
8. CONSENT AGENDA: City Manager Recommends Approval
A. COASTAL PLANNING & ENGINEERING INC./2012 BEACH RENO URISHMENT
PROJECT SCOPE OF SERVICES: Approve the Scope of Services for Coastal
Planning & Engineering, Inc., in an amount not to e xceed $344,721.00 for pre -
construction and post -construction administration associated with the 201 2 Beach
Renourishment Project. Funding is available from 33 2 -4164 -572 -31.30 (Beach
Restoration Fund/Engineering/Architect).
B. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND:
SOVEREIGNTY SUBMERGED LANDS EASEMENT DEED: Approve a
Sovereignty Submerged Lands Easement Deed with the Board of Trustees of the
Internal Improvement Trust Fund associated with the 2012 Beach Renourishment
Project .
C. RESOLUTION NO. 52 -12: Approve Resolution No. 52 -12 assessing costs for
abatement action required to remove nuisances on 34 properties throughout the City
of Delray Beach.
D. REJECT ALL BIDS FOR POMPEY PARK LANDSCAPE MAINTENAN CE
ANNUAL CONTRACT: Approval to reject all bids, Landscape Maintenance Annual
Contract at Pompey Park ’s three (3) baseball fields due to incorrect specif ications, and
proceed with re -advertising the project for bid.
E. CONFIRMATION AND MEMORANDUM OF LEASE/SBA MONARCH TO WERS
II, LLC: Approve a Confirmation and Memorandum of Lease with SBA Monarch
Towers II, LLC. with respect to the cellular phone tower located at 4321 Lake Ida
Road .
F. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award one (1)
Housing Rehabilitation contract through the Neighbo rhood Stabilization Program
(NSP) to the lowest responsive bidder, CJ Contracti ng, LLC. for 703 Place Chateau
in the amount of $46,083.45. Funding is available f rom 118 -1935 -554 -62.12
(Neighborhood Services: Capital Outlay/Acquisition Rehabilitation).
G. ADMINISTRATIVE POLICY REGARDING HIRING OF TOBACCO
USERS: Approve implementation of the Administrative Policy and Procedure for
Non -Tobacco Use.
H. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY
(CRA)/SPONSORSHIP OF TENNIS TOURNAMENTS: Approve an Interlocal
Agreement with the Community Redevelopment Agency (CRA) for sponsorship of
City tennis tournaments for FY 2012 -2013.
I. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE: Approve a special
event request to endorse the Annual Holiday Pageant Parade co -sponsored by the
Parks and Recreation Department and the Chamber of Commerce to be held on
December 8, 2012 from approximately 6:00 p.m. to 9:00 p.m., grant a temporary use
permit per LDR Section 2.4.6(F) for the closure and use of Atlantic Avenue from A -1 -
A to N.W. 5th Avenue for the parade route and set u p from approximately 4:00 p.m. to
6:00 p.m., and approve staff support for traffic co ntrol, security, EMS assistance,
barricading, trash removal, clean up, and event sig nage .
J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS : Accept
the actions and decisions made by the Land Developm ent Boards for the period
September 17, 2012 through September 28, 2012.
K.AWARD OF BIDS AND CONTRACTS:
1.Bid award to Atlantic Refrigeration in the estimate d amount of $27,620.00 for the
annual repair and service of the City ’s HVAC Units. Funding is available from
various departments as needed.
9. REGULAR AGENDA:
A.REQUEST FOR PARKING FEES WAIVER /THE ACHIEVEMENT CENTER FOR
CHILDREN & FAMILIES: Consider a request to waive parking fees for 30 -40
spaces at Old School Square Garage for the Achievem ent Center to support a
fundraiser being held at the Hyatt Hotel on October 4, 2012.
B.SPECIAL EVENT REQUEST/45 TH ANNUAL ST. PATRICK ’S DAY PARADE AND
PARTY: Consider approval of a special event request for the 45th Annual St.
Patrick ’s Day Parade and Party on Saturday, March 16, 2013, beginning with setup at
11:30 a.m., parade starting at 2:00 p.m. and ending at approximately 4:00 p.m., and an
event at Delray Center for the Arts from 11:00 a.m . to 7:00 p.m., plus a Friday night
party on the pavilion grounds at Delray Beach Cente r for the Arts from 5:00 p.m. to
11:00 p.m.; to grant a temporary use permit per LDR Section 2.4.6(F) for the use of
Atlantic Avenue from A -1 -A to N.W. 5 th Avenue for the parade, Atlantic Avenue from
A -1 -A to the bridge, with overflow on East Drive to Low ry Street, and Gleason
Street for staging of parade entries; that Atlantic Avenue from E. 5 th Avenue to
Swinton be closed until 6:00 p.m.; and to approve s taff support for traffic control and
security, barricading, EMS assistance, use of the small stage and to allow event
signage starting on March 2, 2013, and authorize th is to be the only approved event on
these dates; contingent upon receipt of the Certifi cate of Liability Insurance and
Alcohol Liability Insurance and a copy of a Tempor ary Liquor License. The event
sponsor will be required to pay 100% of all costs p lus a 5% administrative fee.
C.VISIONS 2020 PROCESS AND RATIFICATION OF THE STEERI NG
COMMITTEE: Provide direction regarding the Visions 2020 process and ra tification
of the Steering Committee, including the appointmen t of a Commission
representative.
D.REQUEST FOR PROPOSALS (RFP)/EMPLOYEE HEALTH AND WEL LNESS
CENTER: Consider approval of the Selection Committee's r anking of responses for
the Employee Health and Wellness Center; and author ize staff to enter into contract
negotiations with the top ranked company, Concentra Health Services, Inc.
E.RESOLUTION NO.51 -12: Consider Resolution No. 51 -12 to not support
Amendment 4 to the Florida Constitution which, if a dopted, would create additional
inequities in Florida ’s tax system by granting certain tax breaks to some taxpayers at
the expense of other taxpayers.
10. PUBLIC HEARINGS:
A.NONE
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-
IMMEDIATELY FOLLOWING PUBLIC HEARINGS:
A.City Manager's response to prior public comments and inquiries.
B.From the Public.
12. FIRST READINGS:
A.ORDINANCE NO. 32 -12: Consider a city -initiated amendment to Land Development
Regulations (LDR) Section 4.6.9(E)(3), “In -Lieu Fee ”, to reduce the in -lieu fee amount
from $15,600.00 to $7,800.00 for those properties w ithin the Old School Square
Historic Arts District (OSSHAD) located south of th e east -west alleyway within Block
69. If passed, a public hearing will be held on October 16, 2012.
B.ORDINANCE NO. 35 -12: Consider an ordinance calling for a referendum on
proposed revisions to the Charter of the City of De lray Beach to clarify and enhance
the Charter's readability; providing for a referend um election to be held on March 12,
2013. If passed, a public hearing will be held on O ctober 16, 2012.
C.ORDINANCE NO . 36 -12: Consider an ordinance calling for a referendum on
proposed revisions to the Charter of the City of De lray Beach to amend Section 3.02,
“City Commission: Composition, Eligibility, Election , and Terms ”; amending Section
5.02, “Types of Elections ”, to provide for a change in the length of Commission terms
from two years to three years, but not extending the maximum number of consecutive
years a Commissioner or Mayor is allowed to serve; providing for a referendum on
March 12, 2013. If passed, a public hearing will be held on October 16, 2012.
D.ORDINANCE NO. 37 -12: Consider an ordinance calling for a referendum on
proposed revisions to the Charter of the City of De lray Beach to amend Section 4.02,
“Appointment; Removal; Compensation ”, by amending Subsection (B), “Removal ”, to
provide that the removal of the City Manager shall only require a majority vote;
providing for a referendum on March 12, 2013. If pa ssed, a public hearing will be held
on October 16, 2012.
E.ORDINANCE NO. 38 -12: Consider an ordinance calling for a referendum on
proposed revisions to the Charter of the City of De lray Beach to amend Section 3.09,
“Term Limits ”, Subsection (A), “Term Limit ”, to provide that the maximum time
period allowed to hold office, six (6) years, shall not apply in the case of a
Commissioner who assumes the office of Mayor, in wh ich case the time spent holding
office as a Commissioner shall not count toward the six (6) year maximum time limit as
Mayor; providing for a referendum on March 12, 2013 . If passed, a public hearing will
be held on October 16, 2012 .
F.ORDINANCE NO. 39 -12: Consider an ordinance calling for a referendum on
proposed revisions to the Charter of the City of De lray Beach to amend Section 4.02,
“Appointment; Removal; Compensation ”, by amending Subsection (D),
“Compensation ”, to provide for the removal of the Charter prohibiti on on reducing
the City Manager ’s Salary; providing for a referendum on March 12, 2 013. If passed, a
public hearing will be held on October 16, 2012.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
A.City Manager
B.City Attorney
C.City Commission
WORKSHOP MEETING
AUGUST 23, 2012
A Workshop Meeting of the City Commission of the Ci ty of Delray Beach, Florida, was called to
order by Vice Mayor Thomas F. Carney, Jr. in the Fir st Floor Conference Room at City Hall at 8:13
a.m., on Friday, August 23, 2012.
Roll call showed:
Present - Commissioner Thomas F. Carney, Jr.
Commissioner Alson Jacquet
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie (Arrived at 8:29)
Absent - None
Also present were - David T. Harden, City Manager
Brian Shutt, City Attorney
Lanelda D. Gaskins, Deputy City Clerk
Vice Mayor Carney called the workshop meeting to or der and announced that it had been called for
the purpose of considering the following Items.
WORKSHOP MEETING AGENDA
1. FY 2013 Budget Discussion
Mr. David T. Harden, City Manager, presented this item . He answered questions that were
presented at the August 17, 2012 Workshop Meeting. He discussed the use of recreational
impact fees pertaining to the Pompey Park concessio n stand/press box and the Beach Pavilion.
The additional area of the Pompey Park concession sta nd would allow for $82,639 to be used
from the Park Impact Fee Fund. The additional area for the Bea ch Pavilion is at $105,000 will be
funded from impact fees. He discussed the furlough da ys – one furlough day for all employees
would be $293,000 in the General Fund, for civil serv ice it would be $58,000 and all others
would have to be negotiated with the unions, and there is no reopener that would allow furlough
days to be negotiated with the blue collared union thi s year. The Civil Service employees are
behind where the bargaining unions are as far as the past pay r aises. The Civil Service employees
should be given an increase and any furloughs at this point would be severely damaging because
a lot of cities are beginning to give small increa ses; this would put us in a very bad position
going forward and we would lose some very valuable emp loyees. The estimated annual savings
from closing the Swim and Tennis Club pool is $86,40 0. There is surplus money in the General
Construction fund that could be used to eliminate any transfer out of the operating fund. The
transfer is $2.2 million and he has already recommen ded $1.6 million and could do another
$600,000. The bids on the Federal Highway Project ca me in at $1.8 million above budget. The
CRA indicates that they will pick up a million of th e cost and we could cover an additional
$800,000 from the Surplus Fund into the General Cons truction Fund without impacting the
budget at all. If we prepay the Police & Fire Pensi on fund contributions which is roughly $8
million, and it is paid in December instead of spre ading it throughout the year, we will save
about $200,000. We need to cash in the fund balance in order to pay this in advance and make
the savings. Mr. Harden discussed the research on the Tennis Facilities and stated that the
contracts and deed restrictions would make it extremely difficu lt to sell these facilities.
2
August 23, 2012
Discussion ensued regarding the use of the Special Pr ojects Fund associated with the in-lieu
parking/valet fees and the funds being used for parking related p urposes.
Mr. Carney stated that a portion of the funds used to pay the debt service on the facilities is a
direct expense related to parking; and a portion of that fund can also be used to reimburse a
portion of the General Fund which is used to pay the debt on the parking facilities. Mr. Harden
stated that a portion of the parking fees was used w hen the Old School Square Garage was built
and suggested to use it to pay down the debt on the gar age because it is not an ongoing expense;
once it is paid, it is paid. Discussion ensued rega rding the General Construction Funds and
General Funds.
Mr. Harden presented a PowerPoint presentation and disc ussed the projected revenues, options
for balancing the budget for FY 2012 and the fire se rvice fee scenario based on the Financial
Review Board Recommendations. All of the revenues ha ve been reviewed and adjusted
estimates on that to give us about another $400,000 or so. The projected revenue is $93,643,140
and the balance needed at the current millage is $3,5 93,100. Mr. Harden recommended using
prior year’s surplus of $1,600,000 which reduces the budget to $1,993,100 needed to balance.
He explained the options are 1) additional budget cuts , 2) increase revenue or 3) use more
surplus. The fire service fee scenario is to reduc e the millage from 7.1992 to 7.0, which reduces
the CRA transfer and a net reduction of $997,443. Ado ption of the fire service fee with a five
(5) year sunset and residential flat fee of $85 per u nit brings it to $1,993,100 to balance budget.
He also presented a PowerPoint presentation on the P riority Based Budget list and briefly
discussed the cost of all the city’s various programs . Mr. Harden stated that his concern is the
city will be looking at a 4 million gap in the budge t in FY 2013/2014. He suggested
restructuring the budget without using a very large amount of surplus, a one-time money source
and the City will be much better during next FY budget.
Brief discussion ensued regarding the fire assessment f ee. Some Commissioners were in support
of the fee and the others opposed the fee.
Mrs. Gray suggested that the alley project in Pineap ple Grove be put on hold until next year.
She asked which beautification projects can be delaye d, if the developer can contribute toward
the Veteran’s Park playground project and look into h ow the City can get more money for
renting space at Pompey Park for the private academy.
Mr. Harden explained that all the residential units ne ar Veteran’s Park will each pay a park
impact fee in the future as the development to the p layground occurs. This will not help with
this year’s budget.
Mr. Carney stated he is looking for a more sustaina ble way to try and do the budget. He
suggested cuts within the City Manager, City Attorne y, Human Resources, City Clerk, Finance,
Planning & Zoning, Engineering and Public Works budge ts. He asked about an electronic plan
submission for zoning changes and building plans. Di scussion ensued regarding an electronic
plan submission system.
Mrs. Gray suggested cutting the Parking Management S pecialist position and two (2) positions
within the Parks and Recreation budget.
Mayor McDuffie asked the Human Resources Director to provide a list of frozen positions.
3
August 23, 2012
Mr. Harden stated if Human Resources staff is reduced, it will force further decentralization of
the Human Resources function because the central office will not be able to handle the work.
Discussion ensued regarding the acceptable percentage of ope rating budget from reserves.
Mr. Carney suggested 19% reserve requirements, which would meet the needs, keep the bond
rating and allow the City to have a more sustainable budget.
Mayor McDuffie suggested 20%.
Mr. Frankel suggested 20%.
Mr. Jacquet stated 18.5 %, but thinks 19% is good.
Mrs. Gray suggested 19%.
Mr. Harden stated that he will respond to everything t hat he possibly can by the meeting next
week and how the 19% will affect the overall budget.
It is the consensus of the Commission for staff to respond to the questions proposed by the
Commission.
Discussion ensued regarding the Special Event Funding.
Mrs. Gray questioned why Old School Square was not on the list and wanted to know if there
were other organizations that the City contribute to that i s not on the list.
Mr. Harden stated Old School Square and the Delray Beach Library.
Mrs. Gray asked the reason for Old School Square and D elray Beach Library not being on this
list.
Mr. Harden explained that they are not part of the Special Even t/Miscellaneous Grant Budget.
Mayor McDuffie adjourned the Workshop Meeting at 9:51 a.m.
4
August 23, 2012
________________________________
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delr ay Beach, Florida, and the information
provided herein is the Minutes of the Workshop Meetin g of the City Commission held on Tuesday,
August 23, 2012, which Minutes were formally approv ed and adopted by the City Commission on
October 2, 2012.
________________________________
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated a bove, 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 in volve amendments, additions or deletions to
the Minutes as set forth above.
WORKSHOP MEETING
AUGUST 14, 2012
A Workshop Meeting of the City Commission of the Ci ty of Delray Beach, Florida, was called to
order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:00 p.m.,
on Tuesday, August 14, 2012.
Roll call showed:
Present - Commissioner Thomas F. Carney, Jr.
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - Commissioner Alson Jacquet
Also present were - Douglas E. Smith, Acting City Manag er
Robert Barcinski, Assistant City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
Mayor McDuffie called the workshop meeting to order a nd announced that it had been called for
the purpose of considering the following Items. Mr. Carney made a motion to move Item #3,
Proposal from ELEV|8 Sports Institute for a Swimmin g Academy at Aqua Crest Pool , to be
the first item on the agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor M cDuffie – Yes; Mr. Carney – Yes. Said
motion passed with a 4 to 0 vote.
WORKSHOP MEETING AGENDA
1. Proposal from ELEV|8 Sports Institute for a Swimming Acade my at Aqua Crest Pool
Mr. Richard French, Director of Camp Operations and Director of Academies for the All Base
Sports Institute f/k/a Bucky Dent Baseball School, st ated they have partnered with Octagon
Sports Agency to create ELEV8 Sports Institute. He stated th ey are still located in Delray Beach
and have been under the same ownership for the last s even years with a few changes in
management. Mr. French stated they wish to endeavor i nto the swimming world and want to
dialogue with the city on how to bring that to be a centerpiece of a swim academy. He stated the
pool at Aquacrest is severely under-utilized and they would like to begin discussions regarding
this. He provided an overview of the proposed academy.
Mrs. Linda Karch stated that they had a meeting and sp oke with the county regarding a tri-lease
agreement. The city would be responsible for the ope rations, maintenance and staffing of the
pool. She stated a swimming academy would be tremendou s for the citizens of Delray Beach
and another pool would be a tremendous asset. Mrs. Ka rch stated there are still a lot of
questions to be asked and discussed regarding this proposal.
Mrs. Gray asked how much the city’s pools cost now including salaries. In addition, she asked
why ELEV8 did not go directly to the county regarding t his program and how much would it
cost for a person to swim under the program.
Mr. Frankel stated this Commission has been vocal a bout wanting to make the city a sports
destination.
2
August 14, 2012
He stated it would be good to reach out to the Sports Commission regarding this program and
believes it could be very successful. He stated he su pports this if the times can be worked out
and get the benefit of working together.
Mr. Carney echoed Mr. Frankel’s comments. He asked i f the expenses attributable to the pool
are approximately $700,000 per year with revenue be ing only $150,000 per year. He stated
assuming we took over this pool we would have a $550 ,000 shortfall. He asked Mr. French
what plan is there to address the shortfall. Mr. Fren ch stated it would be potential sponsorships
as well as certain changes made to the pool.
Mr. Carney asked if there would be any enhanced revenu es to the city. He stated he thinks it is a
great program and there should be earnest negotiations.
Mayor McDuffie stated these conversations began year s ago regarding baseball and tennis, etc.
and Ms. Sharon Painter put together a great analysis . He stated they wanted to work out
partnerships to utilize our facilities better than what we have today. He stated we should take
advantage of the excess of the capacity of our faci lities. Mayor McDuffie stated we are looking
for every party involved in this to come out as a wi n. He stated we should entertain this and
bring everyone to the table to discuss it.
Mr. Carney stated it has to be a win-win situation for everyon e.
Mrs. Gray asked if we could look at renting Aquacrest . In addition, she asked Mr. French what
they are willing to bring to the table.
Mrs. Karch stated the next step would be to draft a letter statin g we are interested.
Mrs. Gray asked about a contract for Little Fenway.
Mr. Bodie, Aquatics Supervisor, stated there are seve ral inconsistencies with this location
regarding staffing and hours.
It was the consensus of Commission for staff to draf t a letter to the county stating we are
interested.
2. Old School Square Annual Report and Budget Presentation
Mr. Joe Gillie, President and CEO of Old School Square (OSS), thanked the Commission for
having them tonight and introduced Scott Porten, Chair man of the Board of Directors and Bill
Morris, Old School Square Development Committee. In addition, he thanked the City
Commission and City Manager for Mr. Barcinski, the C ity’s Liaison to Old School Square. He
discussed Old School Square’s successes for the year, financial challenges as well as new
challenges. He spoke regarding the Crest Theatre, p artnerships, financial stability, Old School
Square Strategic Plan and its mission and vision. M r. Gillie invited everyone to the outdoor
concert that will take place on Friday, October 12, 2012.
Mr. Frankel stated Mr. Gillie, his staff and the Boar d of Old School Square are the best. He
stated the concerts were amazing this year with the food trucks. Mr. Frankel asked what
happened to Levitt. Mr. Porten explained what happened with t he Levitt Foundation.
Mrs. Gray thanked Mr. Gillie for everything.
Mr. Carney stated the percentage of requests goes dow n every year and he enjoyed the outdoor
concerts. He commented that the OSS Board is great.
3
August 14, 2012
Mayor McDuffie stated Old School Square does a great j ob and thanked them for all of their
efforts.
3. Delray Beach Marketing Cooperative Presentation
Ms. Sarah Martin, Executive Director of the Delray Beach Marketing Cooperative (DBMC),
presented this item. She discussed Destination Market ing highlights, goal, results and the
mission statement. In addition, she provided an overvi ew of partnerships, Delray Beach
Signature Event Highlights, and improvements. She dis cussed the name change to “On The
Ave”, marketing program goals and results, Facebook analytics, marketing impressions,
community affiliations and collaborations. Ms. Marti n reviewed their financial stability goals and
results, support of DBMC partners, awards and the tot al return on investments. She also
discussed DBMC’s vision, marketing programs and communicati ons.
Mr. Frankel stated the DBMC is a great group that wo rks well with others and commented on
the loss of the Downtown Development Authority (DDA) as a pa rtner.
Mrs. Gray stated she appreciates all that the DBMC do es. She thanked Jamie Salen for all of her
help with the Roots Cultural Festival. She asked tha t regarding events the DBMC does not
forget about the merchants on West Atlantic Avenue regar ding marketing.
Mr. Carney stated the DBMC does a great job and thanke d Ms. Martin for the presentation. He
stated he would like to know what happened regarding the DDA.
4. Kids and Police Tennis Association (KAPTA)
Mr. Robert Barcinski introduced this item and stated s taff supports this program. Palm Beach
County Sheriff Deputy Ira Peskowitzi gave overview of progr am.
Mrs. Gray asked about the times and tennis programs of KAPTA. She asked how court
utilization will be worked out with the tennis courts. Sh e spoke about targeting at risk youth.
Mr. Carney asked if the anticipated expense is $12,000.
Mr. Peskowitzi stated they have money and equipment; they will need staffing, sneakers, drinks
and snacks.
Mr. Carney asked if this will be a well-attended program if th e city decides to support it.
Mr. Peskowitzi stated there is really not a big turnover rate .
Mr. Frankel stated he plays tennis and feels this is a great program. He suggested that Mr.
Peskowitzi reach out to Mark Baron. He complimente d Mr. Barcinski and staff and stated he
supports this program.
Mr. Henry Guinet stated they are most interested in children fro m the community.
Mr. Brian Shutt, City Attorney, stated staff will look into the agreement.
It was the consensus of the Commission to move forward with t his.
4
August 14, 2012
5. Discussion of Performance Evaluation System and Sick Leav e Incentive Program
Mr. Bruce Koeser, Human Resources Director, gave a n overview of the program,
recommendations and sick leave usage. Police Assista nt Chief Goldman discussed the
evaluations and the process. Mrs. Lula Butler, Commu nity Improvement Director, discussed
incentives for those employees who do not use their sick leave and Victor Majtenyi reviewed the
criteria for the incentives. Mrs. Butler stated the program will cost $150,000 annually and
believes the program will pay for itself.
Mr. Frankel stated a lot of time and effort has been put into this program. He stated it is a good
opportunity and he is fine with both the Performance Evaluation System and Sick Leave
Incentive Program.
Mrs. Gray stated she is fine with both programs as well.
Mr. Carney asked how staff came up with the numbers.
Mr. Koeser explained the process.
It was the consensus of the Commission to move forward with t his.
6. FY 12/13 Capital Improvement Plan (CIP) Presentation
Mr. Randal Krejcarek, City Engineer, presented this item and gave an overview of the CIP
regarding the budget and where the funding comes from. He discussed the CIP development
process and as well as public comments as submitted t o the Planning and Zoning Board. He
highlighted the project expenses by fund, revenues by fund and categories. Mr. Krejcarek
discussed some of the capital projects: alleys, beautificati on, water/sewer.
Mrs. Gray asked about the widening of sidewalks on A-1-A.
Mr. Frankel stated this was a great presentation.
Mr. Carney thanked Mr. Krejcarek for this presentation.
7. FY 12/13 Budget
Mr. Douglas Smith, Acting City Manager, stated Mr. David Boyd, Finance Director, will discuss
the charts his department has put together and this i tem is to provide background information
on general fund reserves and other documentation regar ding suggested reserve levels; and for
any other items the Commission may have. He stated the goal has been to get to a 25% level of
reserves. Mr. Boyd conducted a PowerPoint presentation regardi ng the city’s reserve levels.
Mr. Frankel stated going into reserves should be a last resort. He stated where we are since 2004
to date shows what a great job Mr. Harden and Finance have done. He stated his preference is
not to go into reserves and if so a very minimal amount.
Mr. Carney asked how the city did as far as spending dur ing the hurricanes we experienced. He
also asked about the Water/Sewer Fund and what percenta ge of those funds are administrative
costs. Mr. Smith stated staff will pull that information to gether for the Commission.
Mr. Carney stated he would like to see the expenditure s put in place by the city for a when a
storm comes that will not be duplicative.
5
August 14, 2012
He stated he is still completing his analysis regardi ng reserves and feels Commission should set
the reserve amount. He looks forward to hearing the results of the questions he asked.
8. Special Event and Miscellaneous Grant Requests
Mr. Barcinski presented this item and stated the Commi ttee was established as in years past to
present recommendations to the City Manager and Commi ssion for funding in next year’s
budget for the Special Events line item, the Commiss ion’s budget and miscellaneous grant
division. The committee went through the requests on Augu st 7, 2012 with the applicants giving
brief presentations to them.
Mr. Frankel stated it seems that there is a majority of the Commission that would like to have
cuts regarding the budget. He stated if so, this list is non-esse ntial expenses.
Mrs. Gray asked about the $22,500 for the Economic Developmen t Director.
Mr. Smith and Mr. Barcinski explained this item and th e contract; the contract will come back to
the Commission.
Mrs. Gray stated she would like to have more details regarding th e funding for the DBMC.
Mr. Carney stated he agrees with Mr. Frankel that we are in tough times. He stated he cannot
qualify these as essential services and all expenditures nee d to be weighed.
Mr. Frankel suggested this item be brought back when there is a full Commission.
Mayor McDuffie adjourned the Workshop Meeting at 8:36 p.m.
________________________________
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delr ay Beach, Florida, and the information
provided herein is the Minutes of the Workshop Meetin g of the City Commission held on Tuesday,
August 14, 2012, which Minutes were formally approv ed and adopted by the City Commission on
October 2, 2012.
________________________________
City Clerk
6
August 14, 2012
NOTE TO READER: If the Minutes you have received are not completed as indicated a bove, 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 in volve amendments, additions or deletions to
the Minutes as set forth above.
WORKSHOP MEETING
AUGUST 17, 2012
A Workshop Meeting of the City Commission of the Ci ty of Delray Beach, Florida, was called to
order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 9:02 a.m.,
on Friday, August 17, 2012.
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
Douglas E. Smith, Acting City Manager
Robert Barcinski, Assistant City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
Mayor McDuffie called the workshop meeting to order a nd announced that it had been called for
the purpose of considering the following Items.
WORKSHOP MEETING AGENDA
1. FY 2013 Budget Discussion
Mr. Douglas E. Smith, Assistant City Manager, conduc ted a Power Point presentation outlining
various items regarding the budget and other follow u p items that have been previously
discussed. He reviewed projected revenues, projected exp enses, departmental budget requests,
non-departmental budget requests, options for balanci ng the budget, the general fund budget
account as well as the general fund training and refr eshment accounts. In addition, he
highlighted new additions to departmental budgets and any major increases by department. Mr.
Rich Reade, Sustainability Officer, reviewed what ha ppened in Homestead, Florida before and
after Hurricane Andrew regarding having a stable leve l of general fund reserves. He discussed
analyses of property valuations and annual tax colle ction. Mr. Smith recapped the general fund
reserve balance from 2004-2011. He stated the expen ditures include transfers and debt service.
He stated it should be noted that the budget was declin ing over that period of time as well. He
also discussed how city reserves have tracked in refer ence to the Government Finance Officers
Association (GFOA) Minimum Recommended level. Ms. Be cky O’Connor, City Treasurer,
explained debt service and future projections. Mr. Smi th highlighted the transfers to the general
fund-administrative expenses, contributions from prop rietary funds and general fund debt
service. He also discussed hurricane expenses and proje cts associated with Hurricane Wilma. Mr.
Smith stated staff is present and will answer any questions fo r the Commission.
Mrs. Gray asked about the Clean and Safe program and a sked if the Community Redevelopment
Agency (CRA) can help more with the program.
2
August 17, 2012
In addition, she asked about the Capital Improvement P rogram and asked if certain costs can be
passed along to the CRA i.e. sidewalks, etc. that are in the CRA district. Mrs. Gray asked about
the Veterans Park playground and if this playground is something that has to be done this year.
Mrs. Karch stated it needs to be brought up to standar d and they can speak with the developer
regarding their possibly helping with this. She abou t the Old School Square retail space and if
this is still on the table and how does this affect o ur bond. Mr. Shutt provided information
regarding the space and stated Letters of Intent will come before the Commission soon for
discussion.
Mr. Carney thanked City Manager’s staff and Ms. O’Co nnor regarding his questions and analysis
of the budget. He stated his thoughts are several a nd commented regarding reserves and other
funds. Mr. Smith stated it is a policy decision of th e Commission regarding funds. Mr. David T.
Harden, City Manager, spoke regarding reserves.
Mr. Jacquet thanked Mr. Carney for his work regarding the budget. He asked about the Tennis
Center regarding how much we are spending and what it is costing us. Mr. Barcinski stated they
will put the information together and provide staff r ecommendations. Mr. Smith mentioned the
Impact Study.
Mr. Frankel asked staff to reach out to the Sports C ommission or the Tourist Development
Council (TDC) regarding help with the cost of the st udy. He also spoke regarding property
taxes.
Discussion ensued among the Commission about the budget, esse ntial services and cuts.
2. Special Event and Miscellaneous Grant Requests (ADDENDUM)
Mr. Frankel stated he asked for this to be brought ba ck before a full Commission and feels there
are many non-essential expenses on the list. He suggested th at each grant request on the list gets
cut in half except for the Christmas tree. He expl ained his reasons and stated that will save
approximately $100,000.
Mr. Barcinski stated the Community Redevelopment Agen cy (CRA) contribution regarding
economic development is a contracted amount.
Mr. Frankel stated keep the Economic Development Sha re (25%), the Christmas tree ($22,500)
and cut everything else by fifty percent (50%).
Mrs. Gray asked about the $16,000 for Destination Marketing a nd stated we should eliminate the
two new items; and commented regarding EPOCH. She aske d if there is a reason Old School
Square is not on the list. Mrs. Gray also inquired about the Ac hievement Center.
Mr. Carney stated these are all worthy causes and the groups have fundraisers, etc. He stated by
the city contributing 50% it does show our commitmen t to them. He stated he supports Mr.
Frankel’s recommendation.
Mr. Jacquet stated they are non-essential and he think s this is a great recommendation. He stated
he has never liked taking money from children but if the organizations have other sources of
funding that can bring in what they need, then we can cut. He asked why not cut the funds for
the Christmas tree in half also.
Mr. Barcinski responded about the funds for the Christmas tree .
3
August 17, 2012
Mrs. Gray stated we are the only city around that has a 100 Foot Tree.
Mr. Jacquet reiterated that he is not in favor of cu tting funding for the Achievement Center and
the Boys and Girls Club.
Mayor McDuffie discussed cuts and stated the largest ex pense in the city is payroll. He stated he
met with several Homeowner Association Presidents an d spoke regarding the budget and no
one wants to give up any services. He stated he is willing to meet again but only if
recommendations are going to be made. Mayor McDuffie stated he appreciates everything Mr.
Carney has done because those are numbers that can be looked at .
Mrs. Gray asked if furloughs and pensions can be discu ssed. Mayor McDuffie stated pensions
are bargaining issues. Mr. Smith stated they can hav e the actuary prepare something regarding
pre-pay etc. for pensions. Mrs. Gray asked if furloughs or lay offs are going to be looked at.
Mr. Carney stated he is willing to look at everythin g. He stated staff has put in a tremendous
amount of work and it has been a good collaborative effort.
Mayor McDuffie asked what the Commission recommends f or next steps. Mr. Smith informed
Commission that the next budget workshop meeting is August 28, 2012.
Mr. Frankel asked how long it will take to get responses for M r. Carney’s recommendations.
Mr. Smith stated staff will provide it as soon as they can gathe r it.
Mr. Barcinski asked about the deadline for the budget ad to be publi shed.
Mrs. Gray inquired about Clean and Safe staff and the Delray Swim and Tennis Center pool.
She asked if there is a possibility that this pool can be closed.
Mrs. Karch discussed the pool usage, etc.
Mr. Carney suggested Thursday, August 23, 2012, as the next C ommission meeting date.
It was the consensus of the Commission to have a wo rkshop meeting at 8:00 a.m. on Thursday,
August 23, 2012.
Mr. Smith stated that staff will provide information regardin g in-lieu fees and the pool.
Mayor McDuffie asked that Commission come to the mee ting with their suggestions regarding
reserves (the minimum percentage of where reserves should be) and stated he will have a listing
of what people in the community pay for ad valorem taxes.
Mrs. Gray stated she would like to look at furloughs, layoffs and what other cities are doing i.e.
possibly asking staff to give up some of their salaries.
Mr. Jim Tabeek stated every city employee has taken a hit over the last five years and have made
concessions over the last five years. He stated empl oyees can only take so much and thanked
Commission for the opportunity to speak.
Mayor McDuffie adjourned the Workshop Meeting at 11:00 a.m.
________________________________
City Clerk
4
August 17, 2012
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delr ay Beach, Florida, and the information
provided herein is the Minutes of the Workshop Meetin g of the City Commission held on Friday,
August 17, 2012, which Minutes were formally approv ed and adopted by the City Commission on
October 2, 2012.
________________________________
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated a bove, 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 in volve amendments, additions or deletions to
the Minutes as set forth above.
WORKSHOP MEETING
AUGUST 28, 2012
A Workshop Meeting of the City Commission of the Ci ty of Delray Beach, Florida, was called to
order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:00 p.m.,
on Tuesday, August 28, 2012.
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
Mayor McDuffie called the workshop meeting to order a nd announced that it had been called for
the purpose of considering the following Items.
WORKSHOP MEETING AGENDA
1. City Manager Search
Mr. Kurt Bressner, Former City Manager of the City of Boynton Beach and a part of the ICMA
Range Riders Program, stated Florida is one of thirty-five states that have this type of program
(Range Riders). He explained what the program entails and discussed the process with the
Commission for the hiring of a city manager. He dis cussed the Position Profile which tells the
applicant what they need to know to apply for the p osition. He stated he would like to meet
with the Mayor and Commissioners individually and discus sed the recruitment process with a
citizen engagement component. Mr. Bressner asked the Commission about the timeline for
getting a city manager on board. He provided alterna tives, recommendations and referenced
policy decisions that need to be made.
Mr. Frankel thanked Mr. Bressner for his presentatio n and asked if this will be a national search.
He stated he likes the blended approach. Mr. Bressner asked Mr. Frankel if he would like to see
the applicants’ resumes. Mr. Frankel informed Mr. Bressner that he will meet with him.
Mrs. Gray stated she does not want to see all of the resumes. As far as the process, she stated
she would like to see staff, Human Resources and Rang e Riders involved. Mrs. Gray stated she
likes the idea of interviews with the Commission and business community. She stated she would
like to see a city manager in place before Mr. Harde n and Mayor McDuffie leave. She informed
Mr. Bressner that she will be glad to meet with him.
2
August 28, 2012
Mr. Carney stated he too will be glad to meet with Mr . Bressner. He asked what an adequate
timeline for the process is and stated he would like M r. Harden to participate in this process as
well. Mr. Bressner stated he would like to have the individual meetings within the next two
weeks and provide a report to Commission the second we ek of September. He stated the profile
(Demographics, background, etc.) should be started now and an advertisement for the position
by October 1, 2012 with an approximate cutoff date o f November 15, 2012. Mr. Carney asked
about persons who may apply from the corporate world and thos e with city manager experience.
Mr. Jacquet stated a national search is important to him and he looks forward to meeting with
Mr. Bressner in the next two weeks. He stated he lik es the alternative of including staff in the
process and is in agreement with looking at all of t he resumes. He asked how important is it to
have this process completed by January.
Mrs. Gray stated she feels it is important to have t his completed by January with Mr. Harden
and Mayor McDuffie’s input.
Mayor McDuffie thanked Mr. Bressner and stated he too is in favor of a blended approach of
Human Resources and staff involved. He stated he would like to see the process completed by
the beginning of next year.
Mr. Bressner stated if at all possible he would like to have his meetings with the Commission
occur back to back on a Saturday. It was the consensus of the Co mmission to do so.
Mrs. Gray asked about paying for the travel of the applicants.
Mr. Bressner handed out his contact information.
Mr. Harden addressed paying for applicant travel.
2. FY 2013 Budget Discussion
Mr. David T. Harden, City Manager, presented this item a nd stated the proposed millage is set at
7.1992 and the amount needed at the current millage t o balance the budget is $3,593,100. He
discussed the options from the August 23, 2012 worksh op meeting. He stated with those
options the total net balance needed is $840,230. H e also discussed which additional funds
might be used which could bring that total to $335,15 6. Mr. Harden discussed the undesignated
fund balance.
Mr. Carney asked about the In-Lieu (Area #2) account s. In addition, he asked questions
regarding last week’s budget numbers and this week’s p resentation for the beach pavilion. Mr.
Brian Shutt, City Attorney, commented regarding the i mpact fees. It was the consensus of
Commission for staff to review Area #3 Funds.
Mayor McDuffie commented regarding the Economic Devel opment Funds ($1 million) and
stated he is hesitant to take these funds out of the budget.
Mrs. Gray discussed the Delray Swim and Tennis Center Po ol and stated she feels it is more of a
private pool versus a community pool and she would li ke to see the pool closed. She stated that
is a savings of approximately $87,000. She also me ntioned the capital purchases regarding the
Waste Management Project. She stated she is in favor of certain things in the Capital
Improvement Plan. Mrs. Gray stated she looked at the position of the Parks Superintendent
being eliminated as well as the Parks and Recreation Execut ive Assistant position.
3
August 28, 2012
She asked that staff look into this and stated regarding telecom munications, certain things can be
contracted out or moved into the Information Technolo gy Division. She would like more
direction on this. Mrs. Gray stated she feels there is revenue in our parks and would like to see a
committee look at all of our venues. Mr. Harden sta ted he does not support cutting any of the
positions as stated by Mrs. Gray.
Mrs. Gray also commented about revenue from the garages.
Mr. Frankel stated he will not support any layoffs o r firings; and staff has put up with a lot the
last four years. He stated he also cannot support c losing the pool. He stated he supports the
City Manager’s recommendation regarding the waste man agement compactors. He feels we are
$500,000 away from balancing the budget and with Mr. Carney’s recommendations we are right
there. He stated if so we may not have to cut any s pecial events. Mr. Frankel stated the City
Manager’s office, Mr. Carney and staff deserve a lot of credit regarding the budget. He asked
about the surplus for this year.
Mr. Carney stated he agrees that the big belly compa ctors are a much better way to go. He
discussed the Financial Review Board recommendations an d commented on what staff has done
regarding them.
Mr. Harden stated the Commission should give policy guidance re garding some of the rentals.
Mr. Carney commented about digital submission of building pla ns, etc.
Mr. Jacquet stated he does not support layoffs; howev er, he supports elimination of frozen
positions. He stated if not a lot of people use the Delray Swim and Tennis Center pool and it
functions as more of a private pool he is in suppor t of closing that pool to save money. He
stated he does not feel the trash compactors are as g ood of a deal as the city thinks they are
getting.
Mayor McDuffie asked if there is a document that outl ines the utilization of our facilities. Mrs.
Linda Karch, Parks and Recreation Director, stated staff is w orking on the document.
Mrs. Gray stated she would like to see a group of peo ple involved to look at our venues
including the Palm Beach County Sports Commission. Mr. Frankel stated the Sports
Commission has very limited resources and money.
Mr. Shutt stated there are dollars from outside legal counsel costs and real estate legal costs that
may be coming back to the budget.
Mr. Frankel asked how much was spent on legal costs regarding transient rentals, etc. Mr. Shutt
replied about $70,000 last year.
Mrs. Gray asked about the $70,000 set aside for the D elray Beach Marketing Cooperative and
stated she would like for staff to look at this.
It was the consensus of the Commission to place the Delray Beach Marketing Cooperative and
Downtown Development Authority on a workshop agenda.
Brief discussion regarding the budget continued. Mr. H arden stated staff will work on the items
as discussed tonight and bring the budget to Commission at the September 4, 2012 Regular
Meeting.
Mayor McDuffie adjourned the Workshop Meeting at 8:04 p.m.
4
August 28, 2012
________________________________
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delr ay Beach, Florida, and the information
provided herein is the Minutes of the Workshop Meetin g of the City Commission held on Tuesday,
August 28, 2012, which Minutes were formally approv ed and adopted by the City Commission on
October 2, 2012.
________________________________
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated a bove, 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 in volve amendments, additions or deletions to
the Minutes as set forth above.
09/04/12
SEPTEMBER 4, 2012
A Regular Meeting of the City Commission of the City of Del ray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the C ommission Chambers
at City Hall at 6:00 p.m., Tuesday, September 4, 2012.
1. Roll call showed:
Present - Commissioner Thomas F. Carney, Jr.
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - Commissioner Alson Jacquet
Commissioner Adam Frankel
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Diana Melendez with The G ood
Shepherd Church of Broward.
3. The Pledge of Allegiance to the flag of the United States of A merica was
given.
4. AGENDA APPROVAL.
Mr. Carney stated the Commission had discussed that they would mov e as
a matter of the rules included in the agenda that public comment s would occur earlier in
the agenda. Mr. Carney stated the Commission discussed that the Public Comments
occur at a time certain at 6:30 p.m. and then the Public Hearing s would start at 7:00 p.m.
and any of the remaining public comments would roll over to the next time.
The City Attorney stated since this is not an agenda item tha t the
Commission bring that up under their Commission Comments (#13) and then he will get
consensus from the Commission and if it is the Commission’s desire to move forward
with that change he will make the change and bring it back on September 20 th and he will
get clarification at that time what the consensus of the Commis sion is as far as making
that change. The City Attorney stated if there is that consensus, the Commiss ion can give
him direction at that time and then he will bring it back on September 20, 2012.
Mr. Carney requested that Item 8.K., Amendments to the Historic
Preservation Board be removed from the Consent Agenda and moved to the Regular
Agenda as Item 9.A.A. and Item 8.M.1., Award of Bids and Contracts be removed
from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A.A.
2
09/04/12
Mrs. Gray requested that Item 9.B., Adoption of the South Federal
Highway Redevelopment Plan, be postponed to the regular meeting of September 20,
2012. Also, Mrs. Gray stated Item 9.G., 2012 Beach Renourishment Project involves
a lot of commitment from the City and requested that this be revi ewed by the entire
Commission. After brief discussion, Mayor McDuffie requested tha t Item 9.G., 2012
Beach Renourishment Project and Item 9.G.1., Contract Award to Great Lakes
Dredge and Dock Company be moved to the Workshop meeting as a special item on
September 11, 2012.
Also, Mrs. Gray requested that Item 9.C., Valet Parking Queue
Expansion/Prime Steakhouse be postponed to the regular meeting of September 20,
2012.
Mrs. Gray moved to approve the Agenda as amended, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mrs. Gra y – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 3 to 0 vote.
5. APPROVAL OF MINUTES:
Mrs. Gray moved to approve the Minutes of the Regular Meeting of
August 7, 2012, seconded by Mr. Carney. Upon roll call the Commission vote d as
follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mrs. Gray – Yes. Said motion
passed with a 3 to 0 vote.
6. PROCLAMATIONS:
A. None
7. PRESENTATIONS:
7.A. RESOLUTION NO. 40-12: Approve Resolution No. 40-12 recognizing
and commending Patti L. Goodson for 30 years of dedicated service to the City of Delray
Beach.
The caption of Resolution No. 40-12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING PATTI L. GOODSON FOR
THIRTY YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH.
(The official copy of Resolution No. 40-12 is on file in the City Clerk’s
office.)
Mayor read and presented Resolution No. 40-12 to Patti L. Goodson.
3
09/04/12
Mr. Carney moved to approve Resolution No. 40-12, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Carne y – Yes; Mrs. Gray –
Yes; Mayor McDuffie – Yes. Said motion passed with a 3 to 0 vote.
Victor Majtenyi, Deputy Director of Public Utilities, ca me forward and
gave a few brief comments.
7.B. RESOLUTION NO. 41-12: Approve Resolution No. 41-12 recognizing
and commending John Bullard for 30 years of dedicated service to the Cit y of Delray
Beach.
The caption of Resolution No. 41-12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING JOHN M. BULLARD FOR
THIRTY YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH.
(The official copy of Resolution No. 41-12 is on file in the City Clerk’s
office.)
Mayor read and presented Resolution No. 41-12 to John Bullard.
Mr. Carney moved to approve Resolution No. 41-12, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 3 to 0 vote.
Victor Majtenyi, Deputy Director of Public Utilities, ca me forward and
gave a few brief comments.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve
and ratify the actions of the South Central Regional Wastewater Treatment and Disposal
Board at their Quarterly Meeting of August 16, 2012.
8.B. AMENDMENT NO. 5 /QUALITY TRANSPORT SERVICES,
INC.: Approve Amendment No. 5 with Quality Transport Services, Inc. for the
continued provision of shuttle service for the Downtown Roundabout. Funding of
services is provided through various grants from the Community Redev elopment Agency
(CRA) and Florida Department of Transportation (FDOT).
4
09/04/12
8.C. ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE
SUPPORT: Approve a request for city support and assistance for the 7th Annual Project
Holiday sponsored by the You Are Not Alone Organization, which pr ovides packages to
armed services personnel.
8.D. GENERAL EMPLOYEES PENSION PLAN INVESTMENT
POLICY GUIDELINES: Approve changes to the General Employees’ Pension Plan
Investment Policy Guidelines.
8.E. FY 2013 GOLF RATES/DELRAY BEACH MUNICIPAL GOLF
COURSE: Approve the proposed maximum rates for the Delray Beach Munici pal Golf
Course.
8.F. FY 2013 TENNIS RATES/TENNIS FACILITIES: Approve the
proposed maximum rates for the Tennis Facilities.
8.G. FY 2013 GOLF RATES/ LAKEVIEW GOLF COURSE: Approve the
proposed maximum rates for the Lakeview Golf Course.
8.H. EXTENSION OF CONSULTING AGREEMENT/GALLAGHER
BASSETT SERVICES (GBS): Approve an Extension of the Consulting Agreement
with Gallagher Bassett Services, Inc. (GBS) in the amount of $120,400.00 for employee
benefits management consulting services. Funding is available f rom 551-1575-591-45.20
(Insurance Fund: Insurance/Claims Handling Costs).
8.I. RENEWAL OF INSURANCE POLICY/ FLORIDA MUNICIPAL
INSURANCE TRUST (FMIT): Approve renewal of our insurance policy and payment
of the premium to Florida Municipal Insurance Trust (FMIT) in t he amount of
$1,568,373.00 for liability insurance, property damage insurance and workers’
compensation insurance. Funding is available from 551-1575-591-45.11 (Insurance Fund:
Insurance/General Liability Premium).
8.J. SPECIAL EVENT REQUEST/51 ST ANNUAL DELRAY
AFFAIR: Approve a special event request from the Chamber of Commerce to endorse
the 51 st Annual Delray Affair to be held on April 5-7, 2013, to grant a temp orary use
permit per LDR Section 2.4.6(F) for use of City property and ri ghts-of-way as requested
including Atlantic Avenue from S.W. 2nd Avenue to Palm Square, as well as Worthing
Park and Old School Square Park, to provide trash boxes and use of City generator, to
provide staff support as outlined in the attached letter and perm it, to allow all vendor
permits to be assigned and approved by the Chamber of Commerce , to allow this to be
the only event held on these dates in the City, to provide a waiver of parking time
restrictions in the downtown area during the event, the event producer t o pay 100% of all
City costs and to provide staff support as requested; contingent up on the conditions of
approval listed in the staff report.
5
09/04/12
8.K. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boa rds for
the period August 20, 2012 through August 31, 2012.
8.M. AWARD OF BIDS AND CONTRACTS:
1. THIS ITEM HAS BEEN MOVED TO THE REGULAR
AGENDA AS ITEM 9.A.A.A.
2. Bid award to Complete Property Services of South Florida, Inc., in
the amount of $39,970.00 for landscape maintenance at
Homewood & Linton Boulevard and three (3) medians on Military
Trail. Funding is available from 119-4144-572-46.40
(Beautification Trust Fund: Repair and Maintenance
Services/Beautification Maintenance).
Mr. Carney moved to approve the Consent Agenda as amended, seconded
by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes;
Mr. Carney – Yes; Mrs. Gray – Yes. Said motion passed with a 3 to 0 vote.
9. REGULAR AGENDA:
9.A.A. SPECIAL EVENT REQUEST/EXTREME VOLLEYBALL
PROFESSIONALS (EVP) TOUR: Approve a special event request for the Extreme
Volleyball Professionals (EVP) Tour, sponsored by EVP Tours and sup ported by the
Downtown Marketing Cooperative, to be held on September 22-23, 2012 from 7:00 a.m.
to 7:00 p.m., with setup beginning September 21, 2012 at 5:00 p.m., to grant a waiver to
the City Code of Ordinances, Section 101.32, Section 101.32, “Assemblies”, t o allow
assembly on the beach; and to authorize staff support at an esti mated cost of $735.00;
contingent upon receipt of a turtle permit fourteen (14) days pri or to the event.. Per the
current Special Event Policies and Procedures, the DBMC's will pay 35% of our costs, or
an estimated $257.00.
Robert A. Barcinski, Assistant City Manager, stated this is a request to
approve the Special Event Request for the EVP Tour Volleyball Tour nament to be held
on the municipal beach September 22-23, 2012 from 7:00 a.m. to 7:00 p.m. with setup
beginning September 21, 2012 at 5:00 p.m. Mr. Barcinski stated this event is co-
sponsored by the Downtown Marketing Cooperative (DBMC) as well as EVP Tour
Sports Endeavors and supported by the Sports Commission. He stated there will be
approximately 300 athletes participating in this two day event . Mr. Barcinski stated the
beach setup is primarily tents for the VIP’s, sign-in, chec k-in, as well as the ports. The
estimated overtime costs for this event is $735.00. Per the Speci al Event Policies and
Procedures, the DBMC’s costs will be 35% of overtime costs for a n estimated cost of
$257.00. Staff recommends approval of the event proposed, staffing as requested and
6
09/04/12
waiver of City Code Section 101.32 to allow assembly on the beach of m ore than 25
people contingent on the receipt of an approved turtle permit 14 days pri or to the event.
Mr. Carney asked why is it that the City picks up this cos t if the direct
beneficiary is within the DDA District. Mr. Barcinski stat ed this is the DBMC’s event
not the DDA’s. Mr. Carney stated this should be a DDA expense i f we do things that
benefit a particular taxing district and inquired as to why we use general fund revenues to
pay for it rather than using the revenues from that taxing distri ct. Mr. Barcinski stated
this is a Commission policy decision.
Mr. Carney moved to approve Item 9.A.A. including the waiver
(formerly Item 8.K.), seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mr. Carney – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion
passed with a 3 to 0 vote.
9.A.A. AWARD OF BIDS AND CONTRACTS: Bid award to multiple
vendors for disaster debris removal. Funding is available from 433-3 711-534-49-90
(Sanitation Fund: Other Current Charges).
Mr. Carney stated in the memorandum it states “that the firs t contractor to
respond and arrive with equipment will initiate debris removal and disposal activities.”
Mr. Carney asked if one company sends one truck are they now the ex clusive person for
the debris removal or are these other companies that the Commiss ion is approving also
when they arrive they are equally entitled under this contract to remove debri s.
Richard Hasko, Director of Environmental Services, stated the Cit y is
awarding multiple contracts to ensure that we are going to get immediate, adequate, and
capable response. Mr. Hasko stated if a storm is coming the City will put all of these
contractors on notice and stay in direct communication with them. He stated the concern
about having multiple of these contractors onsite vying for wo rk at one time is of no
concern. Mr. Hasko stated it is the first one that mobilizes with adequate personnel and
equipment to manage the debris site and manage the collection. Mr. Hasko stated staff
contacts them one at a time and asks them to respond. He stated t he likelihood of all five
(5) of them having the ability to respond at one time is not very hi gh because if there is a
storm of any significance that hits the southeast Florida coast that goes from Kissimmee
and that area south virtually every level of government is going to be looking for out-of-
state major contractors with these kind of resources to respond. Mr . Hasko stated a lot of
contractors will have contracts with those municipalities and those counties.
Mayor McDuffie confirmed that the first truck that crosses t he city limits
line gets the deal and the answer is that they are called in sequence and asked if they can
respond and if they are the first one to answer “yes” they are the ones who are allowed to
respond.
Mrs. Gray inquired about the sequence that staff will be call ing the
contractors will it be in the manner of who won the bid first and how will staff determine
who to call first. Mr. Hasko stated it would be according to the rankings. Mr. Hasko
7
09/04/12
stated there were 12 respondents and staff handled this as an RFP and the Review
Committee reviewed all of the responses and ranked them. Mr. Has ko stated the primary
goal is getting an immediate and adequate response.
Mr. Carney moved to approve Item 9.A.A. (formerly Item 8.M.1.),
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mrs. Gray –
Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 3 to 0 vot e.
9.A. WAIVER REQUEST/WEST CORNER VENTURE, LLC: Consider
approval of a waiver request for a waiver to Land Development Regula tions (LDR)
Section 4.6.16(H)(3)(d), “New Multiple Family, Commercial, and Industr ial
Development”, to allow a 1’ landscape buffer where 5’ is require d for 10th and 10th
Center, located at the southeast corner of S.W. 10th Street and S.W. 10th Avenue.
(Quasi-Judicial Hearing)
Mayor McDuffie read the City of Delray Beach Quasi-Judici al Hearing
rules into the record for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished t o
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex part e
communications. Mrs. Gray, Mr. Carney, and Mayor McDuffie state d they had no ex
parte communications to disclose.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department file #2012-156 into the record.
Mr. Dorling stated this is a waiver request for West Corner Venture, LLC
and this is associated with the 10 th and 10 th Center. Mr. Dorling stated this is going to be
a two phased project and the property line is designated b y plat and there is a 20 foot
landscape strip but because the property line is proposed r ight at the one foot line it
requires the waiver. He stated the intent of the Code is met but because of the way the
property owner has decided to divide the property it is not.
At its meeting of August 24, 2012, the Site Plan Review and Appearanc e
Board (SPRAB) considered this waiver request in conjunction with a Class V Site Plan
approval and the Board recommended approval with a 5 to 0 vote.
Matt Phillips, 221 N. Hogan Street, #331, Jacksonville, FL 32202
(applicant) stated he is present for any questions the Commission may have.
Mayor McDuffie stated if anyone from the public would like t o speak in
favor or in opposition of the waiver request, to please come forwa rd at this time. There
being no one from the public who wished to address the Commission re garding the
waiver request, the public hearing was closed.
8
09/04/12
Mr. Carney asked if this is establishing a precedent. Mr. Dorling stated
this is not setting a precedent. Mr. Dorling stated the intent of the sepa ration is met;
when they drew the property lines they were unaware of the requirement for five foot or
they would have accommodated that property line further to the north.
The City Attorney briefly reviewed the Board Order with the C ommission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mrs. Gray moved to adopt the Board Order as presented, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mayor Mc Duffie – Yes; Mr.
Carney – Yes; Mrs. Gray – Yes. Said motion passed with a 3 to 0 vote.
9.B. THIS ITEM HAS BEEN POSTPONED TO THE REGULAR
MEETING OF SEPTEMBER 20, 2012.
9.C. THIS ITEM HAS BEEN POSTPONED TO THE REGULAR
MEETING OF SEPTEMBER 20, 2012.
9.D. REQUEST/GREEN MARKET RELOCATION: Consider approval of
a relocation of the Green Market to be held on October 13, 2012 through M ay 11, 2013
from 9:00 a.m. to 2:00 p.m. to grant a temporary use permit per (L DR) Section 2.4.6(F)
and closure of S.E. 4th Avenue to Old School Square Park; and reduce the re ntal rate to
$200.00 per day plus utilities costs.
Robert A. Barcinski, Assistant City Manager, stated this i s a request from
Lori Nolan on behalf of the Green Market to relocate this u pcoming season from S.E. 4 th
Avenue to the Old School Square Park and to consider reduction of the park r ental fees
by half of what they would be. Mr. Barcinski stated the season begins October 13, 2012
and ends May 11, 2013. He stated there are certain dates with other e vents taking place
that they would not have the park and in that case they would move to the north side of
the grounds of Old School Square; those dates being November 10, 2012, Febr uary 9,
2013, March 9, 2013, and March 23, 2013 and they would not operate during the Delr ay
Affair. Mr. Barcinski stated based on the need to use ½ of the pa rk, the half day non-
profit rental rate would be $400 per day. The total rental income based on this rate would
be $10,400 in revenue at the $200 requested rental rate the rental income w ould be
$5,200. Staff recommends approval to relocate as well as reduction of rental fee.
Mrs. Gray asked if there is a reason why they are being move d from their
location now.
Lori Nolan, representing the Green Market, stated the relocation would
allow the Green Market to expand and they have always been confine d to a small area of
about 35 vendors. Ms. Nolan stated allowing them to move into the Old S chool Square
Park would allow them to have 50 vendors which means their bottom line would increase
and hopefully next year they will be able to pay full rental value for the park. She
distributed a copy of her budget to the Commission.
9
09/04/12
Mr. Carney and Mayor McDuffie stated they support the relocati on of the
Green Market.
Mr. Carney moved to approve the Request for the Green Market
Relocation, seconded by Mrs. Gray. Upon roll call the Commission vote d as follows:
Mr. Carney – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Sa id motion passed with a
3 to 0 vote.
9.E. SPECIAL EVENT REQUEST/14 TH ANNUAL GARLIC
FESTIVAL: Consider approval of a special event request for the 14 th Annual Garlic
Festival to be held February 8-10, 2013, and grant a temporary use pe rmit per
LDR Section 2.4.6(F) for use of City rights-of-way to include N.E. 1st Avenue from
Atlantic to the grass area at Old School Square, Swinton Avenue from Atlantic to N.E.
1st Street and Old School Square Park and N.E. 2nd Avenue from the n orth side of the
east/west alley north of Atlantic to a line at the south end of the Old School Square
Garage, from 6:00 a.m., February 7 through 11:00 p.m., February 10, 2013 and use of
the Old School Square Parking Garage, CRA parking lots in Block 60, Ci ty Hall north
lot, City Attorney lot and the County Parking Garage, and authorize st aff support for
traffic control and security, EMS assistance, barricading, ba nner hanging, signage
preparation and installation, use of a City generator, the event produ cer to pay 100% of
all City costs, and waiver of the two (2) hour parking limit i n the downtown area during
the event, subject to the conditions listed in the staff report.
Robert A. Barcinski, Assistant City Manager, stated this is a request to
approve the 14 th Annual Garlic Festival to be held February 8-10, 2013, grant the
temporary use permit for uses of rights-of-way, park, etc. whi ch would begin setup on
February 7, 2013 at 6:00 a.m. and be removed from the streets by 11:00 p.m. on February
10, 2013. Mr. Barcinski stated various parking requests as well as s taff support requests,
a generator and a waiver of the two (2) hour parking limit downtown. He stated in the
proposed event site plan staff is recommending one change. Mr . Barcinski stated the
proposed event site plan shows the fence line on N.E. 1 st Avenue from Atlantic back to
the park from the east side of the street to the west side pa rking spaces to comply with a
request Mr. Himmelrich has made in the past to keep that stre et open to the alley as well
as his parking lot entrance. Mr. Barcinski stated that since thi s was prepared at his
request the DDA checked with some of the businesses in the area and the City received
objection from three of the businesses to expanding into the street on N.E. 2 nd Avenue
from Tramonti’s, Mizner Electric, and Solita’s. He stated tw o of these businesses
indicate it will be a detriment to their business by having anot her event extended into 2 nd
Avenue. Mr. Barcinski stated the estimated overtime cost for t his event is approximately
$17,920, administrative fee $896, signage costs $250, barricade rental $445, a nd park
rental of $1,908 for a total estimate of $21,419. The event producer will b e required to
pay 100% of that cost. He stated they will utilize the CRA l ot. All paid garage lots will
be manned by the Police Explorer Scouts with proceeds split be tween the City and the
Scouts on a percentage as may be agreed to. All other lots wil l be manned by the City’s
parking contractor and we will be charging $5 per car to pa rk. Staff recommends
approval subject to staff conditions listed in the memorandum.
10
09/04/12
Mr. Carney stated he gathers that Tramonti’s is upset becaus e that is
where their valet queue is. Mr. Barcinski stated in the past for some of the major events
the City has been able to help relocate the queue so they ca n still operate. Mr. Carney
asked what the alternative is if the City does not expand the event into the street on N.E.
2 nd Avenue.
Nancy Stewart-Franczak, Executive Director of Delray Beach Arts ,
Inc., 227 South Swinton Avenue, Delray Beach, FL 33444, stated there is no
alternative because their site is limited in where they can expand. Ms. Stewart stated
when they started the Garlic Festival 14 years ago they used 2 nd Avenue. She stated being
able to move their Garlic Chef Stadium competition and their gat e to 2 nd Avenue will
allow them to expand where their gourmet alley is. Ms. Stewar t stated they are
eliminating some things in the children’s area so that they can ha ve additional seating
where the carousel by the Christmas tree is placed and on 1 st Avenue where they were
closed last year creates a bottleneck at the concession sta nd and the only way to come
through the front grounds of Old School Square is through that little a rchway. Ms.
Stewart stated they need to expand because the event was ve ry crowded last year. She
stated looking at their site plan and being able to adjust the flow of traffi c and open up the
areas that are the busiest is what they came up with.
Mrs. Gray stated they can see how it works this year and if it does not
work out then they can come up with another plan next year.
Ms. Stewart stated the alley is open behind Tramonti’s and the y always
work with them as far as not allowing anyone to park in their sp aces. She stated she is
not sure if the valet can still be on N.E. 2 nd Avenue.
Mr. Barcinski stated in the past they have operated out of the alley.
Mayor McDuffie commented that in the past we have worked the va let out
to the agreement of the restaurants.
Mr. Carney asked if the street can be left open as long as p ossible because
he is trying to mitigate the impact to them. Mr. Carney s tated every business complains
when the City closes East Atlantic Avenue or shuts down a road. M s. Stewart stated they
can still go through the alley towards Bru’s Room and suggested t hat something be
worked out with the traffic flow that way.
Bern Ryan, Chief Financial Official, Delray Beach Arts, Inc., stated
they had a similar issue with the Twilight Bicycle Race s everal months ago and there was
a concern about the valet at Solito’s. Mr. Ryan stated they were able to accommodate
both them and Tramonti’s and they were able to get in and out without a ny problems. He
stated that was closing down the entire perimeter there and as long as the valets are aware
of what is going on beforehand they have plenty of time to deal with any traffi c issues.
11
09/04/12
Mayor McDuffie stated as he understands they are not closing down until
they hit Old School Square Garage. Mr. Ryan stated they are cl osing the exact footprint
of the park; the alleyway is still open and the entranceway i nto their valet parking is still
open. Ms. Stewart-Franczak stated the south side of the parkin g garage is not open for
valet or access because they use that for their tour buses so t hat part of the garage will be
closed and should not be impacted.
Mrs. Gray moved to approve the Special Event Request for the 14 th
Annual Garlic Festival to be held February 8-10, 2013 with staf f conditions, seconded by
Mr. Carney. Upon roll call the Commission voted as follows: Mr s. Gray – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 3 to 0 vote.
9.F. LETTERS OF INTENT/OLD SCHOOL SQUARE GARAGE
RETAIL SPACE: Provide direction regarding the Letters of Intent received for
purchase of the Old School Square garage retail space.
Brian Shutt, City Attorney, stated staff received two Lett ers of Intent; one
for $1.7 million from Marcus and Millichap and the other for $2 million f rom Kanner &
Pintaluga. Mr. Shutt stated this is before the Commission becaus e staff is looking to see
if they want to give staff direction to sit down and talk with the proposed purchasers to
try to work out a deal with one of them because in order to do that staff would have to
draft up condominium docs, get an appraisal, and ramp up the purchas e and sale
agreement. The City Attorney stated he also included some language where the balance
on the line of credit that the City has with the Old School Square retail space is about
$2,479,000. The City Attorney asked if the City Commission would like to proceed now
or would they like to wait and see if staff can get closer to that number.
The City Manager stated there are two issues to consider; pre vious
Commissions have wanted retail in this space and asked if the Com mission would like to
consider an offer for office use; or, once the hotel gets up and op erating and operating a
while and with other things going on in Pineapple Grove, the value of this property is
likely to increase.
The City Attorney stated the CRA lease expires January 2015.
Mrs. Gray stated there a few offers on the table that she would like to look
at and negotiate.
Mr. Carney stated he does not care if it is office or retail . He has not
examined the offers in detail because he understands they are a ll going to be subject to
negotiation. However, Mr. Carney stated he is more concerned with the price and if the
Commission was to accept either of these offers without negotia tion the City would end
up having to write a check for $275,000 and $675,000 at a time when we do not need t o
sell the space in the garage. Mr. Carney stated he is not op posed to selling the space in
the garage if the City can get the right price for it and t hat is a price that the City does not
have to come out-of-pocket to affect that sale. Mr. Carney stat ed before amending the
12
09/04/12
condominium documents that the Commission have the opportunity to have them come
back with a price that the Commission is attracted to and then move forward. M r. Carney
stated he understands both would have to take subject to the existing lease and the City
would not be earmarking in the garage any particular parking a nd they would have to
park in whatever facility they could find wherever they find it . Mr. Carney stated under
that framework he does not have a problem sitting down to see if they can struc ture a deal
that would meet those criteria.
Mrs. Gray stated she too supports negating the price range and that if they
come back before the Commission and they cover their expenses she is okay wit h that.
Ingrid Kennemer, Coastal Commercial Group, 1045 East Atlantic
Avenue, Delray Beach, FL 33483, stated if the Commission would like to get closer to
what the outstanding financing is they should consider changing the pri ce. Ms.
Kennemer stated if they are going to entertain something that i s closer to the outstanding
financing then they do not want to keep bringing this to the Commissi on at a lower
number. She stated this number was set by a previous appraisal and there was an
appraisal that was after that which was lower but both of those were during the time that
the lease was in place and that is how they set the last asking price.
Mayor McDuffie stated he is fine with negotiating.
Mr. Carney reiterated that he would like to keep this moving forw ard to
see if the City can get a deal at a price that the City can live with and that the purchaser is
willing to pay.
It was the consensus of the Commission to do a new appraisal then the
Commission will look at the asking price.
9.G. THIS ITEM HAS BEEN MOVED TO THE MEETING OF
SEPTEMBER 11, 2012 AS A SPECIAL WORKSHOP ITEM.
9.G.1. THIS ITEM HAS BEEN MOVED TO THE MEETING OF
SEPTEMBER 11, 2012 AS A SPECIAL WORKSHOP ITEM.
At this point, the time being 7:04 p.m., the Commission moved to the du ly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. RESOLUTION NO. 44-12 (TENTATIVE MILLAGE LEVY): A
resolution tentatively levying a tax on all properties withi n the City of Delray Beach for
operation and maintenance and for payment of principal and intere st on bonded
indebtedness for FY 2013.
The caption of Resolution No. 44-12 is as follows:
13
09/04/12
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO TENTATIVELY LEVY
A TAX ON ALL PROPERTIES WITHIN THE CITY OF
DELRAY BEACH, FLORIDA, FOR MAINTENANCE
AND OPERATION, AND TO TENTATIVELY LEVY A
TAX FOR THE PAYMENT OF PRINCIPAL AND
INTEREST ON BONDED INDEBTEDNESS, AND TO
ALLOCATE AND APPROPRIATE SAID
COLLECTIONS THEREUNDER.
(The official copy of Resolution No. 44-12 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the resolution. A public hearing
was held having been legally advertised in compliance with the l aws of the State of
Florida and the Charter of the City of Delray Beach, Florida.
The City Attorney stated the City of Delray Beach is the taxing authority
and the proposed operating millage is 7.1992 which exceeds the roll ed back millage rate
of 7.1805 by 0.26%.
Mayor McDuffie stated he ran an analysis on a $100,000 propert y, a
$300,000 property, a $500,000 property, and a $1 million property (tax able value). He
stated the proposed over the rolled back on the $100,000 would cost the ow ner $1.87, on
the $300,000 property it would cost the owner $5.61, on the $500,000 property it woul d
cost $9.35, and on the $1 million property it would cost $18.70.
The City Manager stated although the operating millage is proposed to
increase by 0.62% the total millage will stay the same as in this year.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding R esolution No. 44-12,
the public hearing was closed.
Mrs. Gray moved to approve Resolution No. 44-12, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mayor Mc Duffie – Yes; Mr.
Carney – Yes; Mrs. Gray – Yes. Said motion passed with a 3 to 0 vote.
10.B. RESOLUTION NO. 45-12 (TENTATIVE MILLAGE LEVY/DDA):
A resolution tentatively levying a tax of one mill on all prop erties within the Downtown
Development Authority Taxing District of the City of Delray Beach for FY 2013.
The caption of Resolution No. 45-12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO TENTATIVELY LEVY
14
09/04/12
A TAX ON ALL PROPERTIES WITHIN THE
DOWNTOWN DEVELOPMENT AUTHORITY TAXING
DISTRICT OF THE CITY OF DELRAY BEACH,
FLORIDA, FOR MAINTENANCE AND OPERATION,
AND TO APPROPRIATE SAID COLLECTIONS
THEREUNDER.
(The official copy of Resolution No. 45-12 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.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding R esolution No. 45-12,
the public hearing was closed.
Mrs. Gray moved to approve Resolution No. 45-12, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mr. Carne y – Yes; Mrs. Gray
– Yes; Mayor McDuffie – Yes. Said motion passed with a 3 to 0 vote.
10.C. RESOLUTION NO. 46-12 (TENTATIVE BUDGET ADOPTION
FOR FY 2013): A resolution tentatively making appropriations of sums of money for all
necessary expenditures of the City of Delray Beach for the period October 1, 2012
through September 30, 2013.
The caption of Resolution No. 46-12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, MAKING
TENTATIVE APPROPRIATIONS OF SUMS OF
MONEY FOR ALL NECESSARY EXPENDITURES OF
THE CITY OF DELRAY BEACH FOR THE PERIOD
FROM THE 1st DAY OF OCTOBER, 2012, TO THE 30th
DAY OF SEPTEMBER, 2013; TO PRESCRIBE THE
TERMS, CONDITIONS AND PROVISIONS WITH
RESPECT TO THE ITEMS OF APPROPRIATIONS AND
THEIR PAYMENT; AND TO REPEAL ALL
RESOLUTIONS WHOLLY IN CONFLICT WITH THIS
RESOLUTION AND ALL RESOLUTIONS
INCONSISTENT WITH THIS RESOLUTION TO THE
EXTENT OF SUCH INCONSISTENCY.
(The official copy of Resolution No. 46-12 is on file in the City Clerk’s
office.)
15
09/04/12
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.
Steve Blum, Antilles Homeowners’ Association, 115 Venetian Dri ve
Unit “C”, Delray Beach, FL 33483, asked if this is approval for the budget for the year.
Mayor McDuffie stated this is tentative approval and there is a final approval that will
come later in September.
The City Manager stated the Exhibit has been modified to incorp orate all
of the changes that were discussed in the previous two work sessi ons. He stated the net
result of all that is the total budget dropped from $97,436,000.00 to $96,004,560.00. The
City Manager stated the budget is balanced without any increas e in millage or any other
city-wide fees but it is not sustainable long-term.
Mr. Carney stated he would like to see the actual numbers as a result of all
their discussion because he would like to see where we got all the funds.
The City Manager briefly explained the numbers and changes ma de as
discussed in two work sessions.
Mrs. Gray commended everyone for the work that they have done but she
is still interested in looking at the closure of the Delray S wim and Tennis Club pool.
Mrs. Gray stated the parking valets and parking meters have b een taken off the table
which was a source of revenue as well. Mrs. Gray asked if anyt hing has been done as far
as the valet queues because with more and more restaurants openi ng we are going to need
more and more parking. She asked if there is another area to look into being that we are
taking away more public parking. Mrs. Gray asked if there are any other things besides
adding a new tax or fee to actually generate more revenue. She stated ther e are properties
that are coming online now that will increase for next year s o maybe the things that are
being done this year will get us by and then next year those ot her things will kick in.
Mrs. Gray expressed concern over duplication of a couple jobs and suggested that this be
looked at in order to help the City become sustainable.
The City Manager stated next year the City will be negot iating with the
Police Benevolent Association (PBA) and the Commission will ha ve the opportunity to
look at Police pensions at that time. The City Manager state d at the last work session
meeting where the Commission had discussion about the pool there were at least three
members of the Commission that were not interested in closing the pool this year. Mrs.
Gray stated she would like to look at this again.
Mayor McDuffie stated the Commission is more than happy to look at the
pool but they will also look at everything one more time.
16
09/04/12
Mrs. Gray moved to approve Resolution No. 46-12, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mrs. Gra y – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 3 to 0 vote.
10.D. ORDINANCE NO. 27-12: Consider an amendment to Chapter 99,
“Noise Control”, of the Code of Ordinances of the City of Delray Beach by repealing
Chapter 99, “Noise Control”, in its entirety, enacting a new Chapt er 99, “Noise Control”,
providing for the control of sound originating within the City of Delr ay Beach in its
place.
The caption of Ordinance No. 27-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 99 “NOISE CONTROL” OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY REPEALING
CHAPTER 99 “NOISE CONTROL” IN ITS ENTIRETY,
ENACTING A NEW CHAPTER 99, “NOISE CONTROL”
PROVIDING FOR THE CONTROL OF SOUND
ORIGINATING WITHIN THE CITY OF DELRAY
BEACH IN ITS PLACE, AND PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 27-12 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.
The City Attorney stated based on the discussion that was held a t first
reading staff made some minor modifications to the ordinance and a dded a section that
dealt with nuisance which staff also copied out of the City of M iami Code and was
contacted by a representative of AT&T who talked about exempti ons for starting up
generators on a weekly basis. The City Attorney staff als o had some correspondence
with some other people who had looked at as far as clarifying t he language in Section
99.03(A)(2) on Loud Speaker usage.
Mayor McDuffie declared the public hearing open.
Andy Katz, 20 South Ocean Boulevard, Delray Beach, FL 33483
representing the Beach Property Owners Association (BPOA), stated the BPOA have
had some complaints with regard to noise coming from the new Tiki bar. Mr. Katz asked
if there are limits on amplified systems if inside of a bui lding in a commercial zone. He
17
09/04/12
stated the 100 feet away would not apply if the amplification e quipment is inside of a
building.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 27-12, the public hearing was closed.
The City Attorney stated if it is located entirely within a building and if
the noise can be heard more than 100 feet away then it is a violation.
Mr. Katz stated a 100 feet is defined in (A)(1)(a) but in (A)(2) it says that
in a commercial zoning district it would not apply if it is inside of a building and he is not
sure if one clause negates the other clause. The City Attorney stated (A)(2) deals more
with PA systems or certain loud speakers would fall under (A)(2). However, the City
Attorney stated (A)(1)(a) would be a catch all where if ther e is music being played and if
it is heard more than 100 feet away then it would be a violation. The City Attorney stated
there is also the catch all under (A)(1)(a) where if it is unreasonably loud the officer can
still fall under that.
Mr. Carney thanked the City Attorney for adding the nuisance provisi ons
and some of the structures that are deemed inside are barely i nside. Mr. Carney
expressed concern with buildings which have opened up their entire facade with sliding
doors or windows and some do not have any windows at all that are technic ally inside.
He stated he wants to be sure that we are careful not to have s pecial rules for those
parties. Secondly, Mr. Carney stated he appreciates the incr easing fines for multiple
violations. He stated in terms of public nuisance a $500 fine while meaningful in some
cases it would be just a cost of doing business to pay an extra $500 and what he was
looking to try to get is if the violations were continuous enough that we would have the
ability to shut the place down for a day or two because that is the greatest “hammer” of
compliance if they cannot operate. Mr. Carney expressed conce rn that unless we get the
fines into the $5,000 level after so many violations he is not sure a $500 fine might mean
much to some.
The City Attorney stated the Miami Beach Code has the graduat ed fine
system in there where the fines are much steeper and they a lso seem to provide after 3 or
4 violations that there might be a weekend a month that they do not shu t the business
down; however, what they say is “you cannot play music.” The City Attorney stated if
there is a 4 th or 5 th violation and this is on an annual basis the way they have it structured
then it might be two weekends out of the year. He stated in doi ng that the City would
have to amend another section of the Code that allows us to have fines of that nature
because per State Statute we are not allowed to go up that hi gh unless certain findings
have to be made, etc.
Mr. Carney stated some of the noise gets very loud and residents i n
Osceola Park have informed him they can hear the noise from some of the Atlantic
Avenue businesses that face south. Mr. Carney stated he is in fa vor of stringent rules as
it relates to noise control. He stated he would like to encourage people of all ages to
18
09/04/12
come downtown at different times of day but he also wants to reco gnize that there are
some people sleeping at 11:00 at night. The City Attorney stat ed if this ordinance passes
tonight staff can take a closer look at the loud speaker languag e on that section and if it
needs any tweaking staff can do that at that time as well.
Mr. Carney moved to approve Ordinance No. 27-12, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mayor McD uffie – Yes; Mr.
Carney – Yes; Mrs. Gray – Yes. Said motion passed with a 3 to 0 vote.
10.E. ORDINANCE NO. 26-12: Consider an amendment to Chapter 37
“Delray Beach Code Enforcement”, Section 37.45, “Supplemental Code Enf orcement
Procedures”, Subsection Q, “Civil Penalties”, of the Code of Ordinan ces of the City of
Delray Beach, Florida, in order to update the provisions pertaining to noise control.
The caption of Ordinance No. 26-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 37 “DELRAY BEACH CODE
ENFORCEMENT”; 37.45 “SUPPLEMENTAL CODE
ENFORCEMENT PROCEDURES”; SUBSECTION Q
“CIVIL PENALTIES” OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, IN ORDER TO UPDATE THE PROVISIONS
PERTAINING TO NOISE CONTROL, PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 26-12 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.
The City Attorney stated this ordinance modifies the actual fine amount
and staff may be modifying this ordinance as well when the Commi ssion brings back
Ordinance No. 27-12.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Or dinance No. 26-12,
the public hearing was closed.
19
09/04/12
Mr. Carney moved to adopt Ordinance No. 26-12 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
Carney – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Sai d motion passed with a 3 to
0 vote.
10.F. RESOLUTION NO. 43-12/CONTRACT FOR SALE AND
PURCHASE/810 N.W. 21 ST WAY: Consider approval of Resolution No. 43-12, a
contract for sale and purchase, authorizing the City to sell the N eighborhood Stabilization
Program (NSP) property located at 810 N.W. 21 st Way to Jarrod Levins for the purchase
price of $145,000.00 or appraised value and provide subsidy up to $50,000.00 secured b y
promissory note and second mortgage.
The caption of Resolution No. 43-12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO SELL REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE BUYER AND THE CITY
OF DELRAY BEACH, FLORIDA.
(The official copy of Ordinance No. 43-12 is on file in the City Clerk’s
office.)
Lula Butler, Director of Community Improvement, stated this item is a
request for Commission approval to sell one of the City’s Neig hborhood Stabilization
Program properties located at 810 N.W. 21 st Way to Mr. Jarrod Levins for the purchase
price of $145,000 or appraised value and provide a subsidy up to $50,000 t hat will be
secured by a promissory note and second mortgage. Mrs. Butler stat ed the City of Delray
Beach was the recipient of $1,905,000 that was matched by $400,000 from the De lray
Beach Community Redevelopment Agency (CRA). She stated this property the City has
had in their inventory for over a year. Mrs. Butler stated the Ci ty has had this piece of
property in its inventory for over a year because it is a 2 b edroom/1 bath and is difficult
to sell because everyone wants 3 bedrooms. Staff recommends Commi ssion approval of
the sale of the property at 810 N.W. 21 st Way in the amount of $145,000 or appraised
value with a subsidy up to $50,000 secured by a promissory note and second mortgage.
Mr. Carney asked if the appraised value comes in less is t hat going to be
the price or is it $145,000. Mrs. Butler stated it could be either b ut the City has
completed the appraisal and the property appraised at what staff is as king tonight.
20
09/04/12
Mrs. Gray moved to approve Resolution No. 43-12, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mrs. Gra y – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 3 to 0 vote.
At this point, the time being 7:32 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 stated at the last regular meeting the re was a request
that we have quarterly reports from the people working on the Gr ade Level Reading
Program. He stated staff is not sure if quarterly is reall y meaningful but there would at
least be semi-annual data. The City Manager stated there is a certain amount of data that
staff has to depend on the School District for and that may not be available on a quarterly
basis normally. However, the City Manager stated we will ha ve a report within the next
month and probably another one within three months after that.
11.B. From the Public.
11.B.1. Steve Blum, Antilles Homeowners’ Association, 115 Venetian Dri ve
Unit “C”, Delray Beach, FL 33483, stated Mayor McDuffie sent a letter to 200
homeowner association presidents talking about a meeting on Septemb er 25, 2012 which
is a great idea. However, Mr. Blum stated September 25 th at sundown starts Yom Kippur
and the preparation is the before that during the daytime. Mr. Blum requested that the
Mayor push the meeting back to September 18, 2012 due to Yom Kippur.
11.B.2. Francesca Kennedy, 106 N.E. 12 th Street, Delray Beach, FL 33444,
expressed concern over the Aqua Crest Pool and Pompey Park Pool. Ms . Kennedy
stated it is the time that Delray should take a greater inte rest in both pools in particular
the Aqua Crest Pool. She stated she and her family have used t he pool and when her son
who showed promise as a swimmer at age 4 was ready to join a s wim team she drove to
North Palm Beach to get him on a swim team because at that time there was no team
here. Ms. Kennedy stated they now have a team here and teams com e for a while but
because of things that cannot be resolved because of administrati on in part from the
County level these teams go from 6 people on a team two years ago to 90 now and then
things do not continue because it is not conducive.
Mayor McDuffie stated this is not Delray’s pool. The City has entertained
an agreement with Palm Beach County on the pool and the County would like to see
something done because it is one of their lowest performing pools a nd it only recovers
15% of its cost.
Mrs. Gray clarified that the pool closure she spoke about earli er in the
meeting was not Pompey Park; it was Delray Swim and Tennis Center.
21
09/04/12
11.B.3. 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 about 4 months ago Jack Hallahan from the
Financial Review Board (FRB) came across the Enterprise Funds and the Trust Funds
and passed this along to Christina Morrison. Dr. Kirson stated t his is equal to 12 funds
and about $12 million. Dr. Kirson stated for approximately three mont hs he has been
speaking about using those funds and Ms. Morrison passed this along to the City
Commission Stated approximately 7-8 weeks ago Vice Mayor Carney investigated the
funds thoroughly and came up with availabilities and put the major e ffort into producing
the budget for this year. Dr. Kirson thanked Commissioner Carney for hi s time spent on
the budget and stated if people would attend the Workshop meetings they would see
where the actual work is being done and who actually does the work.
At this point, the time being 7:42 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 28-12: Consider an ordinance amending Chapter 35,
"Employees Policies and Benefits", Subheading "Retirement Plan", of the Code of
Ordinances by amending Section 35.089, “Definitions”, to amend the definition of
“Employee” to include certain previously excluded positions. If pa ssed, a public hearing
will be held on September 20, 2012.
The caption of Ordinance No. 28-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEES POLICIES
AND BENEFITS", SUBHEADING "RETIREMENT
PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 35.089, “DEFINITIONS”, TO
AMEND THE DEFINITION OF “EMPLOYEE” TO
INCLUDE CERTAIN PREVIOUSLY EXCLUDED
POSITIONS; PROVIDING A GENERAL REPEALER
CLAUSE; A SAVINGS CLAUSE; AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 28-12 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance and stated i n 2003 the
City Commission allowed at that time certain managerial empl oyees to buy back into the
General Employees’ Pension Plan; however, the ordinance provided for a ninety (90) day
window to do that. The City Attorney stated this ordinance removes t he ninety (90) day
22
09/04/12
window so that way if you have certain managerial employees, de partment heads, etc.
who start to work for the city and if they have been here a whi le if they have not joined
their pension plan then this would allow them to join the pension plan at a late r date.
Mayor McDuffie asked if these managerial employees would b e allowed
to buy time. The City Manager stated they would have to pay t he full actuarial cost.
Mayor McDuffie stated this is a good idea especially for retention.
Mrs. Gray moved to approve Ordinance No. 28-12 on FIRST Reading,
seconded by Mr. Carney. Upon roll call the Commission voted as foll ows: Mayor
McDuffie – Yes; Mr. Carney – Yes; Mrs. Gray – Yes. Sai d motion passed with a 3 to 0
vote.
12.B. ORDINANCE NO. 30-12: An ordinance amending Chapter 51,
"Garbage and Trash", of the City Code of Ordinances by amending Section 51.70,
“Regular Charges Levied”, to provide for increased residential a nd commercial collection
service rates for FY 2013. If passed, a public hearing will be held on September 20,
2012.
The caption of Ordinance No. 30-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 51, "GARBAGE AND TRASH",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 51.70,
"REGULAR CHARGES LEVIED", TO PROVIDE FOR
INCREASED RESIDENTIAL AND COMMERCIAL
COLLECTION SERVICE RATES FOR FY 2013;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 30-12 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance.
Lisa Hartman, Utility Billing Manager, stated the City’s Waste
Management contract requires that we adjust the contractual rat es for garbage and trash
by the CPI (Consumer Price Index) and the fuel surcharges and this increase is a result of
applying the rules under the contract to our current rates. Mrs. Hartman stated this will
be approximately a 3.7% increase over last year. She stated this also adjusts the City’s
commercial rates as well by the CPI and fuel surcharges. M rs. Hartman stated Waste
Management has agreed with the City’s calculations. She stat ed if this is not approved,
the City would have to absorb the increase.
23
09/04/12
Mr. Carney stated if the contract provides for these increase s why does it
come before the Commission. Mrs. Hartman stated staff has to a djust the ordinance to
authorize that payment otherwise the City would have to absorb that cost and this is
actually built into the current contract and has nothing to do with the extension that has
been discussed. Mrs. Hartman stated this is correct.
Mrs. Gray stated with the increases it looks like the majori ty of them
range. Mrs. Hartman stated they range from approximately .48 to .90.
Mrs. Gray moved to approve Ordinance No. 30-12 on FIRST Reading,
seconded by Mrs. Carney. Upon roll call the Commission voted as f ollows: Mr. Carney
– Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 3 to 0 vote .
9.H. WOMEN’S TENNIS ASSOCIATION (WTA) CHAMPIONSHIP
TOURNAMENT: Provide direction concerning a bid to the Women’s Tennis
Association (WTA) to be a host site/promoter for the WTA Cham pionship beginning
2014.
Robert A. Barcinski, Assistant City Manager, stated staff i s looking for
direction on submitting a bid to the Women’s Tennis Association (WT A) to be a host
site/promoter for the WTA Championships from 2014 with a five (5) y ear commitment
and another five (5) year renewal. Mr. Barcinski stated he feel s this more or a promoter
for a big money city because there are some hefty financia l requirements both yearly for
a host fee as well as a marketing commitment for multi-milli on dollars per year. Staff
recommends that based on the bid requirements that we do not submit a bid for the WTA
tournament.
It was the consensus of the Commission to accept staff’s rec ommendation
to not submit a bid for the WTA tournament.
9.I. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1)
regular member to the Education Board to serve an unexpired term e nding July 31,
2013. Based upon the rotation system, the appointment will be made by Commissioner
Gray (Seat #4).
Mrs. Gray moved to appoint Deborah Nix as a regular member t o serve on
the Education Board to serve an unexpired term ending July 31, 2013, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mrs. Gra y – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 3 to 0 vote.
9.J. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) At Large Representative to the Neighborhood Advisory
Council to serve an unexpired term ending July 31, 2014. Based upon the rotation
system, the appointment will be made by Commissioner Gray (Seat #4).
24
09/04/12
Mrs. Gray moved to appoint Patricia Westall as an At Large
Representative to the Neighborhood Advisory Council (NAC) to serve an unexpired term
ending July 31, 2014, seconded by Mr. Carney. Upon roll call the Commis sion voted as
follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Car ney – Yes. Said motion
passed with a 3 to 0 vote.
9.K. APPOINTMENTS TO THE HISTORIC PRESERVATION
BOARD: Appoint three (3) regular members to the Historic Preservation B oard to serve
two (2) year terms ending August 31, 2014. Based upon the rotation syst em, the
appointments will be made by Commissioner Carney (Seat #1), Comm issioner Jacquet
(Seat #2) and Commissioner Frankel (Seat #3).
Mr. Carney moved to reappoint Annie Adkins Roof as a regular membe r
to the Historic Preservation Board (HPB) to serve a two (2) yea r term ending August 31,
2014, seconded by Mrs. Gray. Upon roll call the Commission voted as fol lows: Mayor
McDuffie – Yes; Mr. Carney – Yes; Mrs. Gray – Yes. Sai d motion passed with a 3 to 0
vote.
Due to his absence, Mr. Jacquet’s appointment will be moved to the
regular agenda of September 20, 2012.
Due to his absence, Mr. Frankel’s appointment will be moved to the
regular agenda of September 20, 2012.
At this point, the time being 7:52 p.m., the Commission moved to Item 13,
Comments and Inquiries on Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager reported from the League of Cities meeti ng last week
that Pat Archer was appointed to the Ethics Commission as the municipal repr esentative.
Secondly, the City Manager stated there will be no League of C ities
meeting in November and he encouraged everyone to attend the meeting on December 7,
2012 in Pahokee.
Lastly, the City Manager stated the League is looking for a representative
on the Water Taxi Task Force. He suggested that a Commissioner serve as
representative, or if not, then a staff member can represent the City.
25
09/04/12
13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mr. Carney
Mr. Carney stated he had recommended at the last regular m eeting that the
Public Comments be moved to 6:30 p.m. and in the event that it would go over public
comment would stop and would continue after whatever public hearing s are set for a time
certain of 7:00 p.m. The City Manager stated that staff will place this on the Workshop
agenda for discussion.
Secondly, Mr. Carney stated he would like to meet with the Downtow n
Development Authority (DDA) and the Delray Beach Marketing Coo perative (DBMC) to
discuss their roles, what the expectations are both how they should b e working together
or not working together, and if there is any other third solution that ha s not been thought
of yet.
13.C.2. Mrs. Gray
Mrs. Gray concurred with comments expressed by Commissioner Carney.
She stated she believes there are a lot of duplications with t ax dollars. It was the
consensus of the Commission to place this on the October Workshop agenda.
Secondly, Mrs. Gray announced that the West Atlantic Redevelopme nt
Coalition (WARC) meeting is scheduled for Saturday, September 8, 2012 at 8:30 a.m.
Mr. Carney stated he would like to make sure the City Clerk post s the proper Public
Notice regarding the WARC meeting.
Secondly, Mrs. Gray stated during First Night there are many activities
going on and last year at the end of S.W. 5 th Avenue Plaza (Ms. Wesley’s Plaza Park) a
lot of bands set up in that area and played. Mrs. Gray asked if the City can include that
theatre as a venue as at First Night.
Lastly, Mrs. Gray stated she inquired a couple months ago about the status
of the Delray Beach Full Service Center demolition and requested an update.
13.C.3. Mayor McDuffie
Mayor McDuffie stated on October 1, 2012 the City will hang the first
transceiver on the first pole in the northwest/southwest community f or the Digital Divide
Project which will require approximately 60 days to get all the gear in up and operational
and at that point they will light up from Lake Ida Drive on the north to S.W. 10 th on the
south from Swinton Avenue on the east to Congress Avenue on the west free wireless for
26
09/04/12
every home with a free or reduced lunch child in that home. Mayor Mc Duffie stated the
City has also been working with Atlantic High School, Spady E lementary, and Village
Academy to refurbish PC’s as well as the Palm Beach County S chool District. Mayor
McDuffie stated the City has an inventory of those PC’s and those w ill go out as well to
every household with a free or reduced lunch student in that area. He stated today he
gained the signature of Palm Beach State University to be t he Help Desk for all these
people. Mayor McDuffie stated the TED Center will be the training facility and it will
also be the area where the PC’s are disbursed. He thanked t he CRA, City, Palm Beach
Broadband, FAU, and FPL. Mayor McDuffie stated Delray Beach i s the second city to
do this in South Florida; Pleasant City has done this in the Palm Beach area.
Mr. Carney congratulated Mayor McDuffie for spearheading t his project
and stated this is a tremendous service he has done for the city. M rs. Gray echoed
comments expressed by Mr. Carney.
There being no further business, Mayor McDuffie declared the m eeting
adjourned at 8:04 p.m.
__________________________________________
City Clerk
ATTEST:
____________________________________
M A Y O R
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 Meeti ng held
on September 4, 2012, which Minutes were formally approved and adopte d by the City
Commission on ________________________.
_________________________________________
City Clerk
27
09/04/12
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 wil l become the official
Minutes only after review and approval which may involve some amendm ents, additions
or deletions as set forth above.
Se
p
t
e
m
b
e
r
4,
20
1
2
Ci
t
y
Co
m
m
i
s
s
i
o
n
Me
e
t
i
n
g
;
It
e
m
9.
A
.
Se
p
t
e
m
b
e
r
4,
20
1
2
Ci
t
y
Co
m
m
i
s
s
i
o
n
Me
e
t
i
n
g
;
It
e
m
9.
A
.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:September 26, 2012
SUBJECT:AGENDA ITEM 7.A. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
ARTIST ALLEY PROJECT PRESENTATION
ITEM BEFORE COMMISSION
Pineapple Grove Arts District will give a presentat ion on the Artist Alley Project.
Recommenda)ons
for
Improvements
from
the
Ar)sts
and
Stakeholders
of
Ar)sts
Alley
Shirley
Talbert,
CHME,
CDME
Chief
Marke)ng
Officer
Palm
Beach
County
Conven)on
&
Visitors
Bureau
Board
Member
Pineapple
Grove
Arts
District
Proud
Resident
Delray
Beach
Stakeholder
Ar)sts
Alley
GOALS:
to
implement
interim
enhancements
to
the
alley
un)l
comple)on
of
city
streetscaping
plans
to
provide
a
clean
and
safe
environment
for
ar)sts,
art
patrons
and
visitors
to
Ar)sts
Alley
to
raise
awareness
of
the
Pineapple
Grove
Arts
District
to
support
Delray
Beach
as
an
art
and
cultural
des)na)on
to
officially
name
the
alley
“Ar)sts
Alley”
What
is
Ar)sts
Alley?
1. An
alley
that
is
oQen
flooded
with
rain
water
2. An
area
that
has
welcomed
100
–
200
visitors
per
month
since
January
2012
3. A
group
of
individuals
who
have
invested
their
)me
and
financial
resources
to
build
and
market
the
area
4.
An
authen)c
and
thriving
colony
of
ar)sts
working
together
to
inspire
ar)s)c
expression,
incubate
new
ar)sts,
create
innova)ve
artwork
and
enrich
the
des)na)on
through
engagement
in
the
arts.
Exis)ng
condi)ons
on
Ar)sts
Alley
1B,
1,
1A
14
14
1A
14
1B,
1
12
12
1B
11
11
2
10
9
8
3
south
3
north
7
north
7
south
4
north
4
south
6
5
Proposed
Changes
on
Ar)sts
Alley
1B
&
1
14
12
1
&
1B
12
12
11
1B
&
1
11
10
2
9
3
north
3
south
8
4
south
7
north
7
south
4
north
5
6
EAST
SIDE
Buildings
3
&
5
PROGRESS
TO
DATE
NEXT
STEPS
Thank
You
THE DELRAY BEACH PINEAPPLE www.DELRAYPINEAPPLE.COM AUGUST 2012, 11
Marina Delray 4
$tB fit.
Historic
Hartman House
Bed & Breakfast
" 3rd St.
A
,.
" t
MR
I
e ASN, E 4�
T �
Arts
Al
,,
Rec Center
--4 Garage
Playground
I Puppetry 41 r � Y
rn Arts Center M
Veterans
w
A Park
�► Historic Delray i•
Colony Sightseeing Marriot Beach
a_ Hotel Cruises Residence Inn Marnot
W-1 ilk
rs ^�
T � The � ...
ing Information 1*► Seagate Hotel C nte °
C &
.�14 x �"
sue'- �t ♦ Marina
District Spa
a
q
= Crane sl
Beach •s
House
C� a+ & Tiki Bar
Delray
I. �. Beach
w u Yacht
+R
t
4? ;
0 Sandoway
r House
0 Nature
0 s Movie Center
Theater{ ,
w
rr
t Beach
Rentals
A
Grocery Store N
a
& •
Pharmacist i
•
•
t
•
•
0 Mini 0
Bt
0 Golf
San _`try
�
0 Bike
0 Rentals
Post
g t%
Office
'. ME. �
�I;AyL
� r3
ay
s
i
Marina Delray 4
$tB fit.
Historic
Hartman House
Bed & Breakfast
" 3rd St.
A
,.
" t
MR
I
e ASN, E 4�
T �
Arts
Al
,,
Rec Center
--4 Garage
Playground
I Puppetry 41 r � Y
rn Arts Center M
Veterans
w
A Park
�► Historic Delray i•
Colony Sightseeing Marriot Beach
a_ Hotel Cruises Residence Inn Marnot
W-1 ilk
rs ^�
T � The � ...
ing Information 1*► Seagate Hotel C nte °
C &
.�14 x �"
sue'- �t ♦ Marina
District Spa
a
q
= Crane sl
Beach •s
House
C� a+ & Tiki Bar
Delray
I. �. Beach
w u Yacht
+R
t
4? ;
0 Sandoway
r House
0 Nature
0 s Movie Center
Theater{ ,
w
rr
t Beach
Rentals
A
10 • AUGUST Zola
www.DELP,AYPINEAPPLE.COM THE DELRAY BEACH PINEAPPLE
„r
i
C,
Pompey Park
Delray
Beach
Seg\
Historical
Toi
Society
P�,
Q
Cason
Hyatt Plc
Cottage
Openinc
u.
Fall 201:
Old
School
Square
Cultural
Great La,
Art Center
-Crest
Theatre
- Cornell
�-
Museum
THE DELPAY BEACH PINEAPPLE www.DELPAYPINEAPPLE.COM SEPTEMBER 2012 ' 9
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
o�
a
`m
Bike
Rentals
•
Colon'.
Hotel
Marina Defray •
4tEs
Rec Center
c
&
•
>
•
Park
Delray
Sightseeing
Marriot
Beach
4
•
Marriot
161
W
�w
..
..
A�kw ='
Center
Marina
•
District
Spa
S P
Y
�
Crane's, r
Beach ``"
House
8 Tiki Bar
II
�
•
Movie
Delray
•
Theater
Beach
x
s
Yacht
o�
a
`m
Bike
Rentals
•
Colon'.
Hotel
Marina Defray •
4tEs
Rec Center
&
Playground
eterans
Park
Delray
Sightseeing
Marriot
Beach
Cruises
Residence Inn
Marriot
161
W
The
Information
Seagate Hotel
Center
Marina
8`
District
Spa
S P
Y
�
Crane's, r
Beach ``"
House
8 Tiki Bar
Delray
Beach
x
Yacht
Sandoway
House
Nature
Center
rI
, N
Beoc
Rentc
8 SEPTEMBER, 2012 www.DELPAYPINEAPPLE.COM
BEACH �
..........
Parks
Pompey Park
2nd St
m°` 9
Y
Sir- i St fit .
® Morikami
Museum =}
1 Tri -Rail
Awl
g
M
1st St.
Parking
Garage
gt�
` x t �° ; J is t cry
e
s €. 3> > >
4
Y
F
2nd St. ;r .
' K
0 Spady
Cultural
Heritage
Museum
A.
Delray
Beach
Playhouse
Pineapple
Grove Arts
District
City Hall 0
Delray Beach
Tennis Center
Tou
Society
Court
Delray
House
Beach
P., yatt Pla
Public
Opening
Library
Sundy
House
i Inn
CL
rty
> . > .
CD I
Bethesd
Hospita
Delray
Beach
Historical
Tou
Society
&
Cason
P., yatt Pla
Cottage
Opening
,fa112012;
Old
School
r' Square
- Cultural
Great Lain
Art Center
-Crest
Theatre
- Cornell
Museum
,t
m
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Paul Dorling, AICP, Director of Planning & Zon ing
THROUGH:City Manager
DATE:September 24, 2012
SUBJECT:AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
COASTAL PLANNING & ENGINEERING, INC./ 2012 BEACH RENOURISHMENT PROJECT
ITEM BEFORE COMMISSION
This proposal is to authorize the Construction Phas e scope of work which will include Construction
Administration, pre and post-construction physical monitoring surveys, pre and post-construction hard
bottom observations and documentation, engineering construction observation, post-construction
engineering reports and project closeout and final project certification.
The attached scope of work outlines the personnel t hat will be utilized for these tasks and estimated
hours and related fee schedules. The tasks are expl ained in detail in the attached correspondence from
Coastal Planning and Engineering, Inc. The proposed fee for this task is not to exceed
$344,721.00. Funds for this item are available in t he Beach Restoration Fund account number 332-
4164-572-31.30. This task is 100% reimbursable from Federal, State, and County funding sources.
RECOMMENDATION
By motion, approve the proposed Coastal Planning & Engineering, Inc. Construction phase scope of
services.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Paul Dorling, AICP, Director of Planning and Z oning
THROUGH:City Manager
DATE:September 24, 2012
SUBJECT:AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND:
SOVEREIGNTY SUBMERGED LANDS EASEMENT DEED
ITEM BEFORE COMMISSION
The acceptance of a nonexclusive Submerged Lands Ea sement granted by the Board of Trustees of the
Internal Improvement Trust Fund of the State of Flo rida to the City of Delray Beach. The easement is
for a period of 50 years from January 27, 2012 and is for the two offshore borrow areas as described i n
the attached Easement No. 41449. These Borrow areas will be utilized for sand source material for the
2012/2013 City of Delray Beach renourishment projec t.
The attached easement has been reviewed by the City Attorney’s office for legal sufficiency and is
ready for consideration by the City Commission.
RECOMMENDATION
By motion, accept the nonexclusive submerged lands easement and authorize the execution of the
easement by the Mayor on behalf of the City.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:September 27, 2012
SUBJECT:AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
RESOLUTION NO. 52 -12
ITEM BEFORE COMMISSION
This is a resolution assessing costs for abatement action required to remove nuisances on (34) propert ies
throughout the City.
BACKGROUND
The resolution sets forth the actual costs incurred and provides the mechanisim to attach liens agains t
the properties if the assessments remain unpaid.
RECOMMENDATION
Recommend approval of Resolution No. 52-12.
RESOLUTION NO. 52-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF T HE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE
NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT A ND
LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE
AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LE VY
TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
WHEREAS, the City Manager or his designated representative ha s, pursuant to
Chapter 100 of the Code of Ordinances, declared the exi stence of a nuisance upon certain lots or
parcels of land, described in the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his de signated representative has inspected said
land(s) and has determined that a nuisance existed in ac cordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish t he respective owner(s) of the land(s)
described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and
100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that
within seven (7) days from the date of said notice (fo rty-two (42) days in the case of violation of
Section 100.04 pertaining to seawalls) they must ab ate said nuisance, or file a written request for a
hearing to review the decision that a nuisance exist ed within five (5) days from the date of delivery
of said notice, failing which the City of Delray Bea ch would proceed to correct this condition by
abating such nuisance, and that the cost thereof wou ld be levied as an assessment against said
property; and,
WHEREAS, the property owner(s) named in the list attached her eto and made a part
hereof did fail and neglect to abate the nuisance(s) existing up on their respective lands or to properly
request a hearing pursuant to Section 100.21 and 100 .22 within the time limits prescribed in said
notice and Chapter 100 of the Code of Ordinances, or i f the property owner(s) did request and
receive a hearing, said property owner(s) failed and/or neglect ed to abate such nuisance(s) within the
time designated at the hearing wherein a decision was rendered adverse to the property owner(s);
and,
2
Res. No. 52-12
WHEREAS, the City of Delray Beach, through the City Administ ration or such
agents or contractors hired by the City Administratio n was therefore required to and did enter upon
the land(s) described in the list attached and made a pa rt hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the noti ce; and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter
100 of the Code of Ordinances of the City of Delray B each, submitted to the City Commission a
report of the costs incurred in abating said nuisance (s) as aforesaid, said report indicating the costs
per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, p ursuant to Chapter
100 of the Code of Ordinances desires to assess the c ost of said nuisance(s) against said property
owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISS ION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown by the report of the
City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid
nuisances upon the lots or parcels of land described i n said report, a copy of which is attached
hereto and made a part hereof, are hereby levied agai nst the parcel(s) of land described in said report
and in the amount(s) indicated thereon. Said assessmen ts so levied shall, if not paid within thirty
(30) days after mailing of the notice described in Sec . 3, become a lien upon the respective lots and
parcel(s) of land described in said report, of the same nature and to the same extent as the lien for
general city taxes and shall be collectible in the s ame manner as mortgages and foreclosures are
under state law.
Section 2. That such assessments shall be legal, valid and bin ding obligations upon
the property against which said assessments are levied.
Section 3 . That the City Clerk of the City of Delray Beach i s hereby directed to
immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon
the records of the County Tax Assessor, notice(s) th at the City Commission of the City of Delray
Beach at the October 2, 2012 meeting has levied an assessment against said proper ty for the cost of
abatement of said nuisance by the City, and that said a ssessment is due and payable within thirty (30)
days after the mailing date of said notice of assessme nt, after which a lien shall be placed on said
property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Li en shall be mailed, along with the Notice of
Assessment and this resolution.
Section 4. That this resolution shall become effective thirt y (30) days from the date
of adoption and the assessment(s) contained herein sha ll become due and payable thirty (30) days
after the mailing date of the notice of said assessme nt(s), after which a lien shall be placed on said
3
Res. No. 52-12
property(s), and interest shall accrue at the rate o f eight (8) percent per annum plus, if collection
proceedings are necessary, the costs of such proceedings incl uding a reasonable attorney's fee.
Section 5. That in the event that payment has not been recei ved by the City Clerk
within thirty (30) days after the mailing date of t he notice of assessment, the City Clerk is hereby
directed to record a certified copy of this resolution in the public records of Palm Beach County,
Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall
become effective on the subject property which shal l secure the cost of abatement, interest at the
rate of 8%, and collection costs including a reasonable attor ney's fee.
PASSED AND ADOPTED in regular session on this 2 nd day of October, 2012.
________________________________________
M A Y O R
ATTEST:
____________________________________
City Clerk
This instrument was prepared by:
Brian Shutt, City Attorney
200 N.W. 1 st Avenue
Delray Beach, Florida 33444
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTIONOWNER
238 SE 4TH AVENUE
LINNS ADD TO OSCEOLA PK DELRAY
LOTS 22 & 23 BLOCK 95
PCN 12 43 46 16 04 095 0220
CASE NO. NA12-23905
Frederick Hoffman
388 Driftwood Terrace
Boca Raton, FL 33431 95.00 $ Invoice No. 37879
55.00 $ Admin Fee
150.00 $
520 SW 9TH STREET
DELRAY MANOR ADD TO DELRAY
E 40 FT OF LOT 86 & W 20 FT OF LOT 87
PCN 12 43 46 20 12 000 0861
CASE NO. NA12-25646
Stacey Sanders &
Cassandra Sanders
826 SW 4th Avenue
Delray Beach, FL 33444 80.00 $ Invoice No. 37881
55.00 $ Admin Fee
135.00 $
20 NW 13TH AVENUE
ODMANNS SUB LOT 12 BLOCK 1
PCN 12 43 46 17 28 001 0120
CASE NO. RN12-29229
Marih Hayes Est
% Willie Goodman, Jr.
687 Pennington Avenue
Trenton, NJ 08618-3011 95.00 $ Invoice No. 37981
55.00 $ Admin Fee
150.00 $
333 NW 8TH AVENUE
TOWN OF DELRAY
N 50 FT OF S 100 FT OF W 135 FT OF N 1/2 OF
BLOCK 1
PCN 12 43 46 16 01 001 0060
CASE NO. RN12-28501
Annie Rolle & Sandra A. English
2656 Cortez Lane
Delray Beach, FL 33445 125.00 $ Invoice No. 37982
55.00 $ Admin Fee
180.00 $
687 NW 46TH AVENUE
PINE TRAIL SEC 1
S 40 FT OF LOT 1 BLOCK 1
PCN 12 42 46 12 07 001 0012
CASE NO. RN12-29409
Eloise Griffin & Betty J. Griffin
687 NW 46th Avenue
Delray Beach, FL 33445 75.00 $ Invoice No. 37983
55.00 $ Admin Fee
130.00 $
ASSESSMENT
VIOLATION IS: SECTION 100.01 –LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTESHAZARDS; DECLARED NUISANCE
PDFConvert.15754.1.RES_NO._52-12.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTIONOWNER
413 SW 15TH AVENUE
CARVER PARK LOT 10 BLOCK 3
PCN 12 43 46 17 41 003 0100
CASE NO. RN12-28997
Lizzie McDowell
413 SW 15th Avenue
Delray Beach, FL 33444 95.00 $ Invoice No. 37984
55.00 $ Admin Fee
150.00 $
302 NW 7TH AVENUE
TOWN OF DELRAY
S 90 FT OF E 135 FT OF S 1/2 OF BLOCK 1
PCN 12 43 46 16 01 001 0180
CASE NO. RN12-29405
Viola H. Mc Clam
702 NW 3rd Street
Delray Beach, FL 33444 135.00 $ Invoice No. 37985
55.00 $ Admin Fee
190.00 $
VAC LOTS NORTH OF 2955 FLORIDA BLVD
TROPIC ISLE 3RD SECTION
LOTS 411 & 412
PCN 12 43 46 28 03 000 4110
CASE NO. NA12-27925
Katharine D. Martens
589 Deerfield Drive
Melbourne, FL 32940
2725 Johnston Place
Cincinnati OH 45206-1822 175.00 $ Invoice No. 37986
55.00 $ Admin Fee
230.00 $
14950 WHATLEY RD (VAC LOT)
COUNTRY CLUB ACRES 1ST ADD
LOT 35 (LESS S 37.5 FT) & LOT 36
PCN 12 42 46 13 02 000 0351
CASE NO. NA12 -28777
Grayhawk Development Corp
% Lawrence B. Hawkins, Reg Agt.
4570 Lake Worth Road #B-1
Lake Worth, FL 33463
4495 Emerald VIS # 2
Lake Worth FL 33461-5207 75.00 $ Invoice No. 37987
55.00 $ Admin Fee
130.00 $
14960 WHATLEY RD
COUNTRY CLUB ACRES 1ST ADD
LOT 34 (LESS S 1/2) & S 37.5 FT OF LOT 35
PCN 12 42 46 13 02 000 0341
CASE NO. NA12-28778
Grayhawk Development Corp
% Lawrence B. Hawkins, Reg Agt.
4570 Lake Worth Road #B-1
Lake Worth, FL 33463
4495 Emerald VIS # 2
Lake Worth FL 33461-5207 95.00 $ Invoice No. 37980
55.00 $ Admin Fee
150.00 $
ASSESSMENT
VIOLATION IS: SECTION 100.01 –LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTESHAZARDS; DECLARED NUISANCE
2PDFConvert.15754.1.RES_NO._52-12.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTIONOWNER
7 SW 9TH STREET
BELLVIEW COURT LOT 1
PCN 12 43 46 20 15 000 0010
CASE NO. RN12-28084
Laurent Gillot
4214 NW 1st Place
Deerfield Beach, FL 33442 75.00 $ Invoice No. 37988
55.00 $ Admin Fee
130.00 $
1ST VAC LOT W OF 4928 JEFFERSON ROAD
COUNTRY CLUB ACRES 2ND ADD
LOTS 68 & 69
PCN 12 42 46 13 03 000 0680
CASE NO. NA12-28618
Arturo Gutierrez & Marta Gutierrez
3621 NW 108th Drive
Coral Springs, FL 33065 95.00 $ Invoice No. 37990
55.00 $ Admin Fee
150.00 $
108 NW 10TH AVENUE (VAC LOT)
17-46-43, E 135 FT (LESS N 150 FT, S 50 FT &
E 25 FT RD R/W) & W 15 FT OF E 150 FT
PCN 12 43 46 17 42 006 0240
CASE NO. RN12-28514
Maggie Rolle
106 NW 10th Avenue
Delray Beach, FL 33444 150.00 $ Invoice No. 37991
55.00 $ Admin Fee
205.00 $
215 & 217 SE 2ND AVENUE
LINNS ADD TO OSCEOLA PARK
LOT 6 BLOCK 87
PCN 12 43 46 16 04 087 0060
CASE NO. NA12-27871
Land Trust/Daros Susan G TRS
Gwynn John D. & Mary A Trustees
805 George Bush Blvd
Delray Beach, FL 33483 125.00 $ Invoice No. 37992
55.00 $ Admin Fee
180.00 $
244 NW 9TH AVENUE (VAC LOT)
TOURIST NOOK DELRAY LOT 28 BLOCK A
PCN 12 43 46 17 25 001 0280
CASE NO. RN12-28508
Willa M. Bernard
P.O. Box 211864
West Palm Beach, FL 33421 95.00 $ Invoice No. 37993
55.00 $ Admin Fee
150.00 $
41 SW 7TH AVENUE
TOWN OF DELRAY S 55 FT OF N 540 FT OF W
135 FT OF BLOCK 13
PCN 12 43 46 16 01 013 0070
CASE NO. RN12-29739
James Gross
41 SW 7th Avenue
Delray Beach, FL 33444 125.00 $ Invoice No. 37994
55.00 $ Admin Fee
180.00 $
ASSESSMENT
VIOLATION IS: SECTION 100.01 –LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTESHAZARDS; DECLARED NUISANCE
3PDFConvert.15754.1.RES_NO._52-12.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTIONOWNER
810 SW 5TH AVENUE
ROSEMONT VILLAS UNIT B LOT 10
PCN 12 43 46 20 33 000 0100
CASE NO. RN12-27843
Felicia Dickson
1115 North 'M' Street
Lake Worth, FL 33460
146 SE 27th Place
Boynton Beach, FL 33435 95.00 $ Invoice No. 37996
55.00 $ Admin Fee
150.00 $
921 ALLAMANDA DRIVE
TROPIC ISLE 2ND SECTION LOT 142
PCN 12 43 46 28 02 000 1420
CASE NO. RN12-29749
Marcelo Poguio
15 Sleepy Hollow Road
Tarrytown, NY 10591 100.00 $ Invoice No. 37997
55.00 $ Admin Fee
155.00 $
2006 NW 4TH AVENUE
LAKE SHORE ESTS LOT 14
PCN 12 43 46 05 02 000 0140
CASE NO. RN12-28549
Leonard Silvestri
80 SW 14th Avenue
Boca Raton, FL 33486
1835 Lake Drive
Delray Beach, FL 33444 75.00 $ Invoice No. 37999
55.00 $ Admin Fee
130.00 $
586 NW 46TH AVENUE
PINE TRAIL SEC 1 N 1/2 OF LOT 3 BLOCK 3
PCN 12 42 46 12 07 003 0031
CASE NO. NA12-27679
Eldert Boerckel Estate
525 NW 46th Avenue
Delray Beach, FL 33445-2114
75.00 $ Invoice No. 38000
55.00 $ Admin Fee
130.00 $
38 NW 10TH AVENUE
WHIDDENS SUB E 1/2 OF LOT 6 / LESS E 10 FT
BLOCK 1
PCN 12 43 46 17 16 001 0061
CASE NO. RN12-28522
Alexandre Blanc
5585 Boynton Rise Lane
Boynton Beach, FL 33437
1130 Sea Grape Circle
Delray Beach, FL 33445 75.00 $ Invoice No. 38001
55.00 $ Admin Fee
130.00 $
ASSESSMENT
VIOLATION IS: SECTION 100.01 –LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTESHAZARDS; DECLARED NUISANCE
4PDFConvert.15754.1.RES_NO._52-12.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTIONOWNER
902 NW 1ST STREET
WEST SIDE HEIGHTS DELRAY LOT 24
BLOCK C
PCN 12 43 46 17 26 003 0240
CASE NO. RN12-28502
Nick Simeus & Venande Simeus
902 NW 1st Street
Delray Beach, FL 33445 75.00 $ Invoice No. 38004
55.00 $ Admin Fee
130.00 $
240 NW 9TH AVENUE
TOURIST NOOK DELRAY
LOT 27 BLOCK A
PCN 12 43 46 17 25 001 0270
CASE NO. RN12-28507
Jason Brenner
11245 SW 243rd Terrace
Homestead, FL 33032 95.00 $ Invoice No. 38006
55.00 $ Admin Fee
150.00 $
2323 FLORIDA BOULEVARD
TROPIC ISLE 2ND SECTION LOT 128
PCN 12 43 46 28 02 000 1280
CASE NO. NA12-26366
Emily M. Diana Est.
981 SE 10th Court
Pompano Beach, FL 33060 75.00 $ Invoice No. 38007
55.00 $ Admin Fee
130.00 $
39 SW 13TH AVENUE
ATLANTIC PARK GARDENS, DELRAY
LOT 19 BLOCK 2
PCN 12 43 46 17 18 002 0190
CASE NO. NA12-29385
Platinum Properties & Inv LLC
% Fay Washington, R/A
1652 40th Street
West Palm Beach, Fl 33407 75.00 $ Invoice No. 38009
55.00 $ Admin Fee
130.00 $
111 NW 14TH AVENUE
A J JOHNSON SUB, LOTS 6 & 7
PCN 12 43 46 17 37 000 0060
CASE NO. RN12-29741
Dorothy Hilborn
2170 NW 14th Street
Delray Beach, FL 33445 75.00 $ Invoice No. 38010
55.00 $ Admin Fee
130.00 $
ASSESSMENT
VIOLATION IS: SECTION 100.01 –LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTESHAZARDS; DECLARED NUISANCE
5PDFConvert.15754.1.RES_NO._52-12.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTIONOWNER
321 NW 5TH AVENUE
TOWN OF DELRAY LOT 5 BLOCK 25
PCN 12 43 46 16 01 025 0050
CASE NO. RN12-29402
Aleida Austin
4465 Coral Hills Drive
Pompano Beach, FL 33065 95.00 $ Invoice No. 38011
55.00 $ Admin Fee
150.00 $
2131 SW 12TH COURT
DELRAY BEACH HIGHLANDS SEC 1
LOT 14 BLOCK 1
PCN 12 43 46 19 02 001 0140
CASE NO. NA12-29128
Aristin Nacius & Melaine Nacius
1912 SW Janette Avenue
Port Saint Luice, FL 34953 150.00 $ Invoice No. 38012
55.00 $ Admin Fee
205.00 $
4956 LINCOLN ROAD
COUNTRY CLUB ACRES 2ND ADD
LOT 105
PCN 12 42 46 13 03 000 1050
CASE NO. RN12-28775
Mark A. Eteau & Sophia Eteau
30870 Russell Ranch Rd
3rd Floor - Bac Field Srvcs
Canyon Oaks, CA 91362
4956 Lincoln Road
Delray Beach, FL 33445 125.00 $ Invoice No. 38013
55.00 $ Admin Fee
180.00 $
505 CORTEZ LANE
DELRAY SHORES LOT 20 BLOCK 4
PCN 12 43 46 07 01 004 0200
CASE NO. NA12-29017
DHS Investments LLC
% Israela Herskovitz, R/A
5300 W. Atlantic Avenue #505
Delray Beach, Florida 33484 95.00 $ Inovice No. 38014
55.00 $ Admin Fee
150.00 $
2887 ANGLER DRIVE
DELRAY SHORES 1ST ADD
LOT 29 BLOCK 12
PCN 12 43 46 07 02 012 0290
CASE NO. RN12-29930
Rosman Clerval & Vanes Clerval
2887 Angler Drive
Delray Beach, FL 33445 75.00 $ Invoice No. 38015
55.00 $ Admin Fee
130.00 $
ASSESSMENT
VIOLATION IS: SECTION 100.01 –LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTESHAZARDS; DECLARED NUISANCE
6PDFConvert.15754.1.RES_NO._52-12.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTIONOWNER
2554 ANGLER DRIVE
DELRAY SHORES LOT 12 BLOCK 10
PCN 12 43 46 07 01 010 0120
CASE NO. NA12-29058
Jean Gaspard & Madette Gaspard
P.O. Box 6542
Delray Beach, FL 33482 112.07 $ Invoice No. 38016
55.00 $ Admin Fee
167.07 $
115 NW 18TH STREET
3RD ADD TO HIGH ACRES
LOT 7 BLOCK A
PCN 12 43 46 08 12 001 0070
CASE NO. RN12-29981
Fred Peipman & James Engle
20310 Highway 160 #51
Durango, CO 81303 75.00 $ Invoice No. 38017
55.00 $ Admin Fee
130.00 $
355 N. CONGRESS AVENUE
L L PARK OF COMMERCE REPL PAR B
PCN 12 43 46 18 43 002 0000
CASE NO. RN12-29279
Bentley CKS, Inc.
% Sam Caliendo, R/A
900 Glades Road #200
Boca Raton, FL 33431
3350 Boca Raton Blvd #A44
Boca Raton, FL 33431 175.00 $ Invoice No. 37995
55.00 $ Admin Fee
230.00 $
ASSESSMENT
VIOLATION IS: SECTION 100.01 –LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTESHAZARDS; DECLARED
NUISANCE
7PDFConvert.15754.1.RES_NO._52-12.xls
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Tim Simmons, Parks Superintendent
Linda Karch, Director of Parks and Recreation
THROUGH:David T. Harden, City Manager
DATE:September 28, 2012
SUBJECT:AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
REJECT ALL BIDS FOR LANDSCAPE MAINTENANCE POMPEY PARK B ALLFIELDS
ITEM BEFORE COMMISSION
This item before Commission is for approval to reje ct bids for Landscape Maintenance of Pompey
Park's three (3) Baseball Fields Annual Contract du e to incorrect specifications.
BACKGROUND
Parks and Recreation would like to reject all bids received for mowing the Pompey Park ballfields
because the mowing frequencies were stated incorrec tly in the bid specifications.
The Invitation to Bid, 1.2 b. MOWING, EDGING, LINE TRIMMING SPECIFICS stated, "Grass shall
be mowed weekly from December through March. Only Reel-type mowers shall be used".
The correct statement should read, "Grass shall be mowed weekly, two (2) times per week, April
through November, and one (1) time per week from De cember through March. Only Reel-type mowers
shall be used".
The bid specifications need to be changed and the I nvitation to Bid re-issued.
RECOMMENDATION
Parks and Recreation recommends Commission reject a ll bids for Landscape Maintenance of Pompey
Park's Three (3) Baseball Fields Annual Contrtact.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Terrill Pyburn, Assistant City Attorney
THROUGH:R. Brian Shutt, City Attorney
DATE:September 27, 2012
SUBJECT:AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
CONFIRMATION AND MEMORANDUM OF LEASE/SBA MONARCH TOWERS II, LL C.
ITEM BEFORE COMMISSION
Confirmation and Memorandum of Lease with SBA Monar ch Towers II, LLC with respect to the
cellular phone tower located on 4321 Lake Ida Road, Delray Beach, FL (Barwick Park).
BACKGROUND
Due to SBA Monarch Towers II, LLC's recently acquir ed ownership of Mobilitie Investments II, LLC
(they merged), the attached Confirmation and Memora ndum of Lease with SBA confirms that as new
owners, the previous lease terms with Mobilitie rem ain intact.
RECOMMENDATION
The City Attorney’s Office recommends City Commissi on discretion.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Community Improvement
THROUGH:David Harden, City Manager
DATE:September 26, 2012
SUBJECT:AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
HOUSING REHABILITATION GRANT/ CONTRACT AWARD
ITEM BEFORE COMMISSION
Approval is requested for one (1) NSP Housing Rehab ilitation project to be awarded to the selected
general contractor for acquired NSP properties for the total amount of $46,083.45.
BACKGROUND
On February 21, 2010, the City publicized a Request for Qualification (RFQ 08-2010NS) to obtain
qualified firms and/or individuals to execute misce llaneous services, including: Real Estate
Professionals, Financial Institutions for Mortgage Lending, Appraisal Services, Title Agencies, and
General Contractor Service Providers for NSP proper ties. Selection was contingent on the same being
approved by the Florida Department of Community Aff airs and were approved by Commission on April
20, 2010.
Project awards are based on the actual cost of the rehabilitation, as determined by the low responsive
bidder(s), plus a 5% contingency. Total rehab cost may include lead inspection, lead abatement, lead
clearance, termite inspection, termite treatment, a nd recording fees, if applicable. Additional cost m ay
be incurred for lead clearance test(s). The conting ency may be used for change orders and all unused
funds will remain with the NSP Housing Rehabilitati on program. Inspection of work is done by Gil
Valdes, Inc. (approved through RFP 11-2010NS at the June 15 th Commission meeting), the Department
of Community Improvement’s Building Inspection and Neighborhood Services Div ision. Contracts are
executed between the building contractor and the Ci ty. A contractual agreement is signed by Gil Valdes ,
Inc. and the contractor with each award. The City r emains the agent and this office and our housing
inspector monitors all work performed by the contra ctor, ensuring compliance with specifications and
program guidelines. Pay request forms require both contractor and City representative’s signature,
ensuring all City approved Policies and Procedures have been adhered to. The rehabilitation activities
will bring the home to minimum code requirements by repairing the roof, electric and plumbing systems
and correcting other incipient code violations prio r to resale. Detailed work write-ups and individual
case files are available for review in the Neighbor hood Services Division Office. The Neighborhood
Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded on a
rotating basis to the approved contractors followin g a formal bid process.
The following housing rehabilitation project to be awarded to the selected general contractor for the
rehabilitation is:
Property Address Contractor Rehabilitation
Cost
703 Place Chateau C J Construction, LLC $46,083.45
FUNDING SOURCE
Neighborhood Stabilization Program 118-1935-554-62.12
RECOMMENDATION
Staff is recommending a pproval for one (1) Housing Rehabilitation project to be awarded to the selected
general contractor per RFQ 08-2010NS and RFP 08-201 0NS (A) for the total amount of $46,083.45.
Bid #01-2013NS
PROJECT ADDRESS:
DATE OF BID LETTERS: August 31, 2012
DATE OF BID OPENING: September 25, 2012
GENERAL CONTRACTORS BID AMOUNT BID BOND
All Phase Roofing & Construction, Inc $75,975.00
C J Contracting, LLC $43,889.00
Gentile LLC $0.00
Solid Builders Construction Company -
Stacy Bomar Construction LLC -
In-House Estimate:$45,948.18
RECOMMENDED CONTRACTOR: C J Contracting, LLC
BID/CONTRACT AMOUNT :$43,889.00
Contingency:5%2,194.45
$46,083.45
FUNDING SOURCE:DCA-Neighborhood Stabilization Program
Account #118-1935-554-62.12
COMMENTS:Staff recommends project to be awarded to the lowest responsive bidder.
Revised 12/7/10 FFM
CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION
HOUSING REHABILITATION PROGRAM
BID INFORMATION SHEET
703 Place Chateau
Neighborhood Services Division
Bid Estimate Summary
Bid Number:01-2013NS
OWNER:
ADDRESS:
BID ADVERTISEMENT DATE:
BID OPENING DATE:
In-House All Phase Roofing &
Construction
C J Contracting
LLC
Gentile LLC Solid Builders
Construction Co.
1 Flat Deck Cap Sheet Roof w/Slope Roof Trans.2,182.50 $ 8,850.00 $ 2,565.00 $ -$ -$ -$
2 Repair Soffit Screens 187.50 $ 650.00 $ 100.00 $ -$ -$ -$
3 Install Exterior Door 825.00 $ 1,950.00 $ 600.00 $ -$ -$ -$
4 Install Impact Patio Doors 4,600.00 $ 6,310.00 $ 3,000.00 $ -$ -$ -$
5 Install Window/Opening 375.00 $ 780.00 $ 190.00 $ -$ -$ -$
6 Paint House Complete 2,788.80 $ 2,475.00 $ 2,400.00 $ -$ -$ -$
7 Repair and Rescreen Rear Patio 810.00 $ 2,000.00 $ 900.00 $ -$ -$ -$
8 Repair Door 600.00 $ 780.00 $ 600.00 $ -$ -$ -$
9 Repair Stucco 1,552.50 $ 2,990.00 $ 1,900.00 $ -$ -$ -$
10 Repair Window 750.00 $ 1,235.00 $ 1,100.00 $ -$ -$ -$
11 Replace Existing Slider with New Window 1,087.00 $ 2,600.00 $ 1,600.00 $ -$ -$ -$
12 Install Base Trim 45.00 $ 50.00 $ 200.00 $ -$ -$ -$
13 Install Cabinets and Counter Top 7,200.00 $ 15,135.00 $ 5,900.00 $ -$ -$ -$
14 Install Carpet 2,637.30 $ 3,065.00 $ 1,999.00 $ -$ -$ -$
15 Install Interior Door 600.00 $ 510.00 $ 280.00 $ -$ -$ -$
16 Paint Room Complete 4,420.00 $ 3,380.00 $ 2,590.00 $ -$ -$ -$
17 Repair Ceramic Floor Tile 218.75 $ 450.00 $ 200.00 $ -$ -$
18 Repair Door 546.03 $ 1,400.00 $ 700.00 $ -$ -$
19 Repair Drywall 1,332.80 $ 4,365.00 $ 600.00 $ -$ -$
20 Install Kitchen Sink 295.00 $ 690.00 $ 350.00 $ -$ -$
21 Install Tub / Shower 1,900.00 $ 3,500.00 $ 3,000.00 $ -$ -$
22 Install Vanity w/Sink 2,250.00 $ 2,000.00 $ 2,600.00 $ -$ -$
23 Install Water heater 925.00 $ 860.00 $ 1,500.00 $ -$ -$
24 Repair Toilet 250.00 $ 750.00 $ 200.00 $
25 Replace Shower 1,800.00 $ 3,500.00 $ 2,000.00 $
26 Carbon Monoxide/Smoke Detectors 1,050.00 $ 1,235.00 $ 1,100.00 $
27 Install Exterior Light Fixture 345.00 $ 290.00 $ 150.00 $
28 Remove All Ceiling Fans 200.00 $ 150.00 $ 15.00 $
29 Repair Electrical Service 1,175.00 $ 1,625.00 $ 2,600.00 $ -$
30 Replace Exhust Fan 450.00 $ 525.00 $ 550.00 $
31 Install Range and Refrigerator 1,900.00 $ 1,425.00 $ 1,800.00 $
32A Install Security Cage for A/C Compressor 650.00 $ 450.00 $ 600.00 $ -$
TOTAL 45,948.18 $ 75,975.00 $ -$ 43,889.00 $ -$ -$ -$ -$ #-$
703 Place Chateau
City of Delray Beach
September 25, 2012
August 31, 2012
NS TO PICK UP CHECK PO #
NEIGHBORHOOD STABILIZATION PROGRAM 1
Date:Account #
Invoice #
Contractor File #
NEIGHBORHOOD SERVICES ADMINISTRATOR
I HAVE EXAMINED THE ABOVE REQUEST FOR PAYMENT AND FIND THAT IT IS A FAIR AND REASONABLE PAYMENT FOR THE WORK
PERFORMED ON MY PROPERTY LOCATED AT THE ABOVE ADDRESS AND APPROVE SAID PAYMENT
DIRECTOR OF COMMUNITY IMPROVEMENT
DATE HOME OWNER'S SIGNATURE
I HAVE INSPECTED THE REHABILITATION WORK ON THE ABOVE NAMED CONTRACT AND FOUND THE WORK TO BE SATISFACTORY
AND IN FULL COMPLIANCE WITH THE CITY OF DELRAY BEACH AFFORDABLE HOUSING REHABILITATION PROGRAM STANDARDS AND
WORK WRITE-UP. I ALSO CERTIFY THAT THE CONTRACTOR HAS DELIVERED ALL NECESSARY DOCUMENTS AND PAPERS (FINAL
REQUEST ONLY). THEREFORE, I AUTHORIZE THE PAYMENT OF $________. I FURTHER CERTIFY THAT ALL REQUIRED/APPLICABLE
PERMITS AND INSPECTIONS HAVE BEEN ISSUED, CONDUCTED AND APPROVED FOR THE INVOICED WORK
DATE NEIGHBORHOOD SERVICES REHABILITATION INSPECTOR
DATE
11-391
Mailing Address
703 Place Chateau -
118-1935-554-62.12
TOTAL PAYMENT DUE CONTRACTOR
RETAINAGE (10%)
DATE
TOTAL WORK COMPLETED
LESS PREVIOUS PAYMENT(S)
Site Address:
Delray Beach, FL 33445
June 26, 2009
Property Owner:
REVISED 07/09 SWL
DATE
TOTAL LESS RETAINAGE
REVISED CONTRACT AMOUNT
703 Place Chateau
CONTRACT AMOUNT
PLUS CHANGE ORDERS
I CERTIFY THAT THE ABOVE PAYMENT IS CORRECT AND THAT SAID PAYMENT IS JUSTIFIED BY THE WORK WHICH HAS BEEN
COMPLETED. (IF FINAL PAYMENT, CONTRACTOR IS TO ATTACH A COPY OF THE CITY OF DELRAY BEACH CERTIFICATE OF OCCUPANCY,
CONTRACTOR'S SIGNATURE
CITY OF DELRAY BEACH
City of Delray Beach
-$
HOUSING REHABILITATION
PAYMENT REQUEST
Description Scheduled
Value
Previous
Requests This Request
Total
Completed
Balance To
Finish
Retainage
1 Flat Deck Cap Sheet Roof w/Slope Roof Trans.-$ -$ -$ -$ -$ -$
2 Repair Soffit Screens -$ -$ -$ -$ -$ -$
3 Install Exterior Door -$ -$ -$ -$ -$ -$
4 Install Impact Patio Doors -$ -$ -$ -$ -$ -$
5 Install Window/Opening -$ -$ -$ -$ -$ -$
6 Paint House Complete -$ -$ -$ -$ -$ -$
7 Repair and Rescreen Rear Patio -$ -$ -$ -$ -$ -$
8 Repair Door -$ -$ -$ -$ -$ -$
9 Repair Stucco -$ -$ -$ -$ -$ -$
10 Repair Window -$ -$ -$ -$ -$ -$
11 Replace Existing Slider w/New Window -$ -$ -$ -$ -$ -$
12 Install Base Trim -$ -$ -$ -$ -$ -$
13 Install Cabinets and Counter Top -$ -$ -$ -$ -$ -$
A14 Install Carpet -$ -$ -$ -$ -$ -$
A15 Install Interior Door -$ -$ -$ -$ -$ -$
A16 Paint Room Complete -$ -$ -$ -$ -$ -$
17 Repair Ceramic Floor Tile -$ -$ -$ -$ -$ -$
18 Repair Door -$ -$ -$ -$ -$ -$
19 Repair Drywall -$ -$ -$ -$ -$ -$
20 Install Kitchen Sink -$ -$ -$ -$ -$ -$
21 Install Tub / Shower -$ -$ -$ -$ -$ -$
22 Install Vanity w/Sink -$ -$ -$ -$ -$ -$
23 Install Water heater -$ -$ -$ -$ -$ -$
24 Repair Toilet -$ -$ -$ -$ -$ -$
25 Replace Shower -$ -$ -$ -$ -$ -$
26 Carbon Monoxide/Smoke Detector -$ -$ -$ -$ -$ -$
27 Install Exterior Light Fixture -$ -$ -$ -$ -$ -$
28 Remove All Ceiling Fans -$ -$ -$ -$ -$ -$
29 Repair Electrical Service -$ -$ -$ -$ -$ -$
30 Replace Exhust Fan -$ -$ -$ -$ -$ -$
31 Install Range and Refrigerator -$ -$ -$ -$ -$ -$
32 Install Security Cage for A/C Comp -$ -$ -$ -$ -$ -$
-$ -$ -$
-$ -$ -$
-$ -$ -$
-$ -$ -$ -$ -$
Total -$ -$ -$ -$ -$ -$
No: 11-391 PARTIAL PAYMENTS ARE MADE ON A PER CONTRACT BASIS IN THE AMOUNT OF 90% OF VALUE OF WORK COMPLETED , NOT
TO EXCEED 75% OF THE TOTAL CONTRACT
*** AMOUNT THIS REQUEST column is equal to the TOTAL COMPLETED column less the 10% retainage column
Home Owner:
Address:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 Take after pictures and notate the file
Monitor permit process
Address change orders as necessary
Submit pay requests as needed
Monitor work to completion
Submit final pay request with C/O And warranty documents
Execute contract
Prepare punch list
Attend contract conference
Prepare summery
Award bid
Housing Rehabilitation Inspector Check List
Receive file from Rehab Specialist
Contact Home Owner and perform Write up
Take before pictures and notate the file
Prepare pay request work sheet
Prepare Bid Information sheet
Produce In-House and Contractor bid Documents for batch release
Attend bid opening
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Bruce Koeser, Human Resources Director
DATE:September 27, 2012
SUBJECT:AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
ADMINISTRATIVE POLICY FOR NON -TOBACCO USE
ITEM BEFORE COMMISSION
The item before the Commission is an Administrative Policy and Procedure for Non-Tobacco Use.
BACKGROUND
On July 5, 2012, the Commission requested staff to create an administrative policy for limiting hiring to
non-users of tobacco. The proposed policy provides emp loyees hired after October 1, 2012, shall
undergo an annual tobacco screening. Employees are required to remain tobacco free during their tenure
with the City of Delray Beach. Employees who viola te the policy may be subject to termination.
Employees hired before October 1, 2012 are exempt f rom the prohibition of tobacco use.
REVIEW BY OTHERS
The policy was reviewed by Janice Rustin, Assistant City Attorney.
RECOMMENDATION
Approve the Administrative Policy and Procedure for Non-Tobacco Use.
City of
Delray
Beach
ADMINISTRATIVE
POLICIES AND PROCEDURES
MANUAL
SUBJECT:
Non-Tobacco Use Policy
NUMBER
PER-15
REVISIONS
0
EFFECTIVE
DATE:
October 3, 2012
PAGE 1 OF 2
SUPERSEDES
0
APPROVED BY:
David T. Harden, City Manager
PER - 15.0 PURPOSE:
To reduce the negative impacts of continued tobacco use among City of Delray Beach employees
and recognizing that:
1) The City of Delray Beach maintains a firm commitment t o reducing healthcare
costs.
2) Studies have demonstrated that employees who use tobacco produc ts have a greater
negative impact on healthcare costs than non-smoking employees.
3) The impacts of continued use of tobacco products by employee s increases
healthcare costs, such as insurance plan premium costs.
4) The City is self-insured so increases in healthcare costs have a direct impact on the
financial viability of the self-insurance fund.
PER – 15.1 POLICY:
Effective October 3, 2012, the City of Delray Beach will no longer hire employees who regularly
use tobacco products. The City will not consider applicants who have used tobacco products for a
period of at least one year prior to application for employment . The definition of “tobacco
products” shall include, but is not limited to, cigarettes, cigars , chewing tobacco, pipes and snuff.
Employees of the City of Delray Beach who were hired before October 3, 2012 are exempt from
this policy.
PER – 15.2 PROCEDURES:
All applicants for employment must sign a Non-Tobacco Use Affidavit, whi ch shall be recertified
by the employee on an annual basis. All offers of employment will be conditioned on passing a
nicotine screening test. Any employee who signs the Non-Tobacco Use Affi davit and violates
the Non-Tobacco Use Policy may be subject to termination.
CITY OF DELRAY BEACH
NON-TOBACCO USE AFFIDAVIT
I, _______________________________ , do hereby affirm that I have not been a regular user of
tobacco products for at least one (1) year immediately prece ding my application for employment.
For purposes of this affidavit, tobacco products are defined as ci garettes, cigars, chewing tobacco,
pipes and snuff.
Under the penalties of perjury, I declare that I have read this affida vit and the facts stated in it are
true.
DATED and SIGNED this _____ day of ______________________ , 20____.
Signature of Applicant
SWORN TO AND SUBSCRIBED before me on thisday of _________________________
20___, by __________________________, who is personally known to me OR who produced
__________________________, as identification and who did take an oath.
My Commission Expires: NOTARY PUBLIC
State of ______________ at large
Notary Public Signature
MEMORANDUM
TO: All Commissioners and Mr. Harden
FROM: Bruce Koeser, HR Director
SUBJECT: Smoke Free Workplace
DATE: July 5, 2012
Commissioners and Mr. Harden -
In response to your request, we have put together the following information regarding the question of
hiring non -users of tobacco:
The tobacco user costs the average organization more than $12,000 per year in health and disability -
related costs. Diseases related to smoking include Stroke, Lung Cancer, Heart Disease, Pulmonary
Disease and ot her related diseases. Tobacco use is the single most preventable cause of disease,
disability and death in the United States. Secondhand smoke is also dangerous, as many of the same
poisons in cigarette smoke are inhaled by children, friends and family me mbers of smokers.
Smoking is the biggest factor in controllable health care costs, and some employers are becoming more
aware and insistent about managing costs and promoting healthy lifestyles. Many major national
companies have imposed on -the -job bans on smoking. Others have gone further, by adopting policies
that address employees’ off the job behavior. Companies such as Turner Broadcasting, Union Pacific and
Alaska airlines have not hired smokers in over 20 years. Hospitals in several states (includin g Florida)
have stopped hiring smokers in the past year. Closer to home, the only known governmental
organization that has a no hire policy for tobacco users is the Palm Beach County Tax Collector (see
attachment #1), which put this policy in place in 200 9 (existing employees who were smokers were
grandfathered in).
Here at the City of Delray Beach, we do have a Smoke Free Policy for Fire Rescue, which has been in
force since 1989 (see attachment #2). All employment applicants must certify that they have been
tobacco free for a period of at least one year. In the Police Department, there is a General Order
(attachment #3) governing tobacco use while on the job; there is no prohibition of employment for
prospective employment candidates for Sworn (or unsw orn) positions. No other Departments within
the City currently have any similar policies.
From a legal perspective, our outside labor counsel Bob Norton opines that it is legal to institute a
tobacco free policy in the workplace, but that this is probably a mandatory subject of bargaining in order
to implement this for a workforce segment that is covered by a collective bargaining agreement (see
attachment #4). This could more easily be negotiated when discussing policies for new hires; while
there is vir tually no case law on this issue, we could not terminate current tobacco users.
There are organizations out there such as the American Civil Liberties Union (ACLU), that call an
employer’s refusal to hire smokers “lifestyle discrimination”, and there are a t least 29 states that have
statutes protecting employees from adverse employment actions based on their off -duty activities, as
long as these activities are legal; Florida is not one of these states, so we could implement this for new
hires in the Civil S ervice sector almost immediately.
The downside of instituting a ban on hiring smokers is obvious: we would be limiting the applicant pool.
It is predicted that the applicant pool will grow slimmer as this City moves closer to the year 2020 – to
limit the q ualified applicant pool further may result in additional problems in finding qualified
candidates to fill our open positions. Since approximately 47 million Americans smoke, it is estimated
that approximately 16% of candidates would not be considered due to their tobacco use, if a non -
smoking policy was put in place. This may eliminate potential workers who have something to bring to
the table.
Currently, the City of Delray Beach takes the following steps in regards to tobacco use:
Offered four (4) smokin g cessation classes in the last 16 months (free of charge).
For the last two years, we have charged an additional premium to the employee’s medical
insurance premium. This is also true if a covered spouse/domestic partner is a tobacco user.
Offer free pres cription medications (under a physician’s care) to assist in smoking cessation.
This is a summary of what I have found, both internally and externally. If you have additional questions,
or would like for me to do some additional research into this issue, please let me know.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:September 20, 2012
SUBJECT:AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
INTERLOCAL AGREEMENT: CRA/SPONSORSHIP OF TENNIS TOURNAMENTS
ITEM BEFORE COMMISSION
Staff requests Commission approval of an interlocal agreement between the City and the CRA for the
sponsorship of City tennis tournaments for FY12-13.
BACKGROUND
The CRA has agreed to contribute $535,000.00 to the City in order to assist in the sponsorship of City
tennis tournaments and to be co-title sponsor for the International Tennis Champion ships
tournament. The funds shall be given to the City wi thin 30 days of the execution of this agreement by
both parties.
RECOMMENDATION
Staff recommends approval of the Interlocal Agreeme nt with the CRA for Sponsorship of the City
Tennis Tournament for FY12-13.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:September 19, 2012
SUBJECT:AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
SPECIAL EVENT REQUEST /HOLIDAY PAGEANT PARADE
ITEM BEFORE COMMISSION
City Commission is requested to approve the Delray Beach Holiday Pageant Parade co-sponsored by
Parks and Recreation Department and Chamber of Comm erce to be held on December 8, 2012 from
approximately 6:00 p.m. to 9:00 p.m., to grant a te mporary use permit per LDR’s Section 2.4.6(F) for
the closure and use of Atlantic Avenue from A-1-A t o NW 5 th Avenue for the parade route and set up
from approximately 4:00 p.m. to 6:00 p.m. Commissio n is also requested to approve staff support for
traffic control, security, EMS assistance, barricad ing, trash removal, clean up and event signage.
BACKGROUND
Attached is a Special Event permit received from Da nielle Beardsley requesting approval of this event
with a copy of the event site plan, budget and econ omic impact calculator. The parade will end on NW
5 th Avenue again this year. Since the event is co-sponsored by the Parks and Recreation Department,
there will be no charges per City policy for City c osts and a Hold Harmless Agreement or Certificate o f
Insurance is not required. The estimated costs for the event which includes overtime, barricade rental ,
signage and trash boxes are approximately $12,360.
RECOMMENDATION
Staff recommends approval of the event, the tempora ry use permit and staff support as requested.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Jasmin Allen, Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH: City Manager
DATE:September 25, 2012
SUBJECT:AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
ITEM BEFORE COMMISSION
The action requested of the City Commission is revi ew of appealable actions which were taken by
various Boards during the period of September 17, 2 012 through September 28, 2012.
BACKGROUND
This is the method of informing the City Commission of the land use actions, taken by designated
Boards, which may be appealed to the City Commissio n. After this meeting, the appeal period shall
expire (unless the 10 day appeal period has not occ urred). Section 2.4.7(E), Appeals, of the LDRs
applies. In summary, it provides that the City Comm ission hears appeals of actions taken by an
approving Board. It also provides that the City Com mission may file an appeal. To do so:
· The item must be raised by a Commission member.
· By motion, an action must be taken to place the ite m on the next meeting agenda of the
Commission as an appealed item.
REVIEW BY OTHERS
Site Plan Review and Appearance Board Meeting of Se ptember 19, 2012
A. Approved with conditions (7 to 0), a reconsideratio n of a condition associated with the
driveway modification attached to the approval of t he Class IV site plan modification, landscape
plan and architectural elevation plan for Harbor Plaza , located at the northeast corner of Linton
Boulevard and South Federal Highway.
B. Approved with conditions (7 to 0), a Class II site plan modification associated with the addition
of windows, floor plan modifications and expansion of the connecting courtyards between the
two easternmost residences, including adding a seco nd story to the enclosed courtyard
connection between Units #7 and #8 for Delray Villas by the Sea , located on the east side of
South Ocean Boulevard, south of Linton Boulevard (2 225 South Ocean Boulevard).
C. Approved with conditions (7 to 0), a Class II site plan modification, landscape plan and
architectural elevations associated with the instal lation of upgraded landscaping material,
modification of driveway curb cuts and installation of a dumpster enclosure and bicycle rack for
Gasland Military Trail , located on the west side of Military Trail, north of Conklin Drive
(14111 South Military Trail)
Historic Preservation Board Meeting of September 19 , 2012
1. Approved (4 to 0, Iris McDonald absent), a request for a Certificate of Appropriateness
associated with exterior alterations for 290 SE 6 th Avenue (northwest corner of SE 6 th Avenue
and SE 3 rd Street).
2. Approved (4 to 0), a Certificate of Appropriateness associated with the new construction of a
one-story, single family residence located at 530 NE 3 rd Avenue (west side of NE 3 rd Avenue,
north of NE 5 th Street. Concurrently, the Board approved a varianc e request to permit parking
within the front yard setback.
No other appealable items were considered by the Hi storic Preservation Board. The following items
which were considered by the Board will be forwarde d to the City Commission for action:
3. Recommended approval (4 to 0), of the historic desi gnation of an individual site “Waters-
Wellenbrink Residence” located at 1108 Vista Del Mar Drive North .
4. Recommended to the Planning and Zoning Board approv al (4 to 0) of a City initiated LDR
Amendment to Section 4.6.9(E)(3)(b), to reduce the in-lieu fee amount for a portion of those
properties located within Block 69 of the Old Schoo l Square Historic Arts District (OSSHAD)
with the revision that properties classified as con tributing within Lots 1-6 are subject to the
lower in-lieu fee of $7,800.
RECOMMENDATION
By motion, receive and file this report.
Attachment: Location Map
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Clayton A. Gilbert, Building Maintenance Super intendent
Richard C. Hasko, P.E. Director of Environmental Se rvices
THROUGH:David T. Harden, City Manager
DATE:September 20, 2012
SUBJECT:AGENDA ITEM 8.K.1 - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
BID AWARD/ ATLANTIC REFRIGERATION
ITEM BEFORE COMMISSION
This item is before the Commission to approve a con tract award to the lowest
responsive bidder, Atlantic Refrigeration, for bid number 2013-05 for the annual repair and service of
City's HVAC Units.
BACKGROUND
Bids were received on September 13, 2012 from five (5) vendors in accordance with City purchasing
policies and procedures for the provision of annual HVAC system repair and service activities. The
lowest responsive bidder is Atlantic Refrigeration as shown on the attached bid tabulation sheet.
Atlantic Refrigeration has provided similar service s for the City in the past and has exceeded
expectations for performance.
Please note that the annual estimate of hours shown in the bid document is for purposes of bid
evaluation. Service and repair requirements will b e ordered on an as needed basis and approval
of individual work orders will comply with City pur chasing policies and procedures.
FUNDING SOURCE
The funding will be provided from each department a s needed.
RECOMMENDATION
Staff recommends approval of the contract award to Atlantic Refrigeration in the estimated amout of
$27,620.00.
B
I
D
N
o
.
2
0
1
3
-
0
5
-
O
P
E
N
D
A
T
E
:
0
9
.
1
3
.
2
0
1
2
@
2
:
0
0
P
.
M
.
An
n
u
a
l
E
s
t
i
m
a
t
e
d
A
t
l
a
n
t
i
c
E
.
D
.
S
F
B
M
G
e
n
e
r
a
l
T
h
e
r
m
a
l
U
n
i
t
e
d
H
.
V
.
A
.
C
Ho
u
r
s
R
e
f
r
i
g
e
r
a
t
i
o
n
A
i
r
C
o
n
d
i
t
i
o
n
i
n
g
C
o
n
t
r
a
c
t
i
n
g
C
o
n
c
e
p
t
s
,
I
n
c
.
S
e
r
v
i
c
e
s
,
I
n
c
.
I.
H
O
U
R
L
Y
R
A
T
E
O
F
L
A
B
O
R
:
A.
8
:
0
0
a
.
m
.
-
5
:
0
0
p
.
m
.
,
M
o
n
d
a
y
-
F
r
i
d
a
y
1.
L
e
a
d
T
e
c
h
n
i
c
i
a
n
/
J
o
u
r
n
e
y
m
a
n
10
0
$3
6
.
0
0
h
r
$
6
3
.
0
0
h
r
$
6
0
.
0
0
h
r
$
6
5
.
0
0
h
r
$
5
5
.
0
0
h
r
$3
,
6
0
0
.
0
0
$
6
,
3
0
0
.
0
0
$
6
,
0
0
0
.
0
0
$
6
,
5
0
0
.
0
0
$
5
,
5
0
0
.
0
0
2.
A
p
p
r
e
n
t
i
c
e
/
H
e
l
p
e
r
50
$1
2
.
0
0
h
r
$
3
0
.
0
0
h
r
$
3
0
.
0
0
h
r
$
6
0
.
0
0
h
r
$
4
5
.
0
0
h
r
$6
0
0
.
0
0
$
1
,
5
0
0
.
0
0
$
1
,
5
0
0
.
0
0
$
3
,
0
0
0
.
0
0
$
2
,
2
5
0
.
0
0
B.
A
f
t
e
r
H
o
u
r
s
(
O
v
e
r
t
i
m
e
-
E
m
e
r
g
e
n
c
y
C
a
l
l
s
)
3.
L
e
a
d
T
e
c
h
n
i
c
i
a
n
/
J
o
u
r
n
e
y
m
a
n
15
$2
4
.
0
0
h
r
$
7
9
.
9
0
h
r
$
6
0
.
0
0
h
r
$
9
7
.
5
0
h
r
$
8
2
.
5
0
h
r
$3
6
0
.
0
0
$
1
,
1
9
8
.
5
0
$
9
0
0
.
0
0
$
1
,
4
6
2
.
5
0
$
1
,
2
3
7
.
5
0
4.
A
p
p
r
e
n
t
i
c
e
/
H
e
l
p
e
r
5
$1
2
.
0
0
h
r
$
4
5
.
0
0
h
r
$
4
0
.
0
0
h
r
$
9
0
.
0
0
h
r
$
6
7
.
5
0
h
r
$6
0
.
0
0
$
2
2
5
.
0
0
$
2
0
0
.
0
0
$
4
5
0
.
0
0
$
3
3
7
.
5
0
II
.
P
E
R
C
E
N
T
A
G
E
M
A
R
K
-
U
P
(
P
A
R
T
S
A
N
D
M
A
T
E
R
I
A
L
S
)
:
5.
P
e
r
c
e
n
t
a
g
e
m
a
r
k
-
u
p
%
15
%
2
0
%
1
8
%
2
0
%
2
0
%
To
t
a
l
e
s
t
.
f
o
r
m
a
t
e
r
i
a
l
s
@
$
2
0
,
0
0
0
x
m
a
r
k
-
u
p
%
$
3
,
0
0
0
.
0
0
$
4
,
0
0
0
.
0
0
$
4
,
3
9
0
.
0
0
$
4
,
0
0
0
.
0
0
$
4
,
0
0
0
.
0
0
6.
T
o
t
a
l
e
s
t
.
f
o
r
m
a
t
e
r
i
a
l
s
@
$
2
0
,
0
0
0
+
L
i
n
e
2
0
%
$
2
3
,
0
0
0
.
0
0
$
2
4
,
0
0
0
.
0
0
$
2
4
,
3
9
0
.
0
0
$
2
4
,
0
0
0
.
0
0
$
2
4
,
0
0
0
.
0
0
G
R
A
N
D
T
O
T
A
L
(
I
t
e
m
s
1
,
2
,
3
,
4
,
a
n
d
6
)
$
2
7
,
6
2
0
.
0
0
$
3
3
,
2
2
3
.
5
0
$
3
2
,
9
9
0
.
0
0
$
3
5
,
4
1
2
.
5
0
$
3
3
,
3
2
5
.
0
0
Ad
d
e
n
d
u
n
#
1
Y
E
S
Y
E
S
Y
E
S
Y
E
S
Y
E
S
Co
m
m
e
n
t
s
:
It
e
m
D
e
s
c
r
i
p
t
i
o
n
CI
T
Y
O
F
D
E
L
R
A
Y
B
E
A
C
H
BI
D
#
2
0
1
3
-
0
5
AI
R
C
O
N
D
I
T
I
O
N
I
N
G
S
E
R
V
I
C
E
S
A
N
D
R
E
P
A
I
R
S
AI
R
C
O
N
D
I
T
I
O
N
I
N
G
S
E
R
V
I
C
E
S
A
N
D
R
E
P
A
I
R
S
B
I
D
#
2
0
1
3
-
0
5
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Scott Aronson, Parking Management Specialist
Richard C. Hasko, PE, Director of Environmental Ser vices
THROUGH:David T. Harden, City Manager
DATE:September 25, 2012
SUBJECT:AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
REQUEST FOR PARKING FEES WAIVER/ THE ACHIEVEMENT CE NTER FOR CHILDREN
& FAMILIES (ACCF)
ITEM BEFORE COMMISSION
The item before the City Commission is a request to waive parking fees in the Old School Square
Garage to support a fundraiser for the Achievement Center for Children and Families of Delray Beach.
BACKGROUND
The Achievement Center for Children and Families of Delray Beach will be holding a fund raising
event at the new Hyatt Hotel on Pineapple Grove Way on October 4, 2012.
Ameristar Parking Solutions, Inc., the City's parki ng service provider is donating valet services for the
event. Uncertain if the Hyatt Hotel parking facilit ies will be able to accommodate the number of
vehicles attending the event, Ameristar has request ed use of between 30 and 40 spaces in the Old
School Square Garage to accommodate potential overf low vehicles.
The event will take place on Thursday, October 4, 2 012, which is one of the evenings during the week
that a $5.00 fee is collected for parking in the ga rage between 4:00 PM and Midnight. Ameristar is
requesting waiving of the fee to accommodate any ov erflow vehicles.
At this time of year, the garage has sufficient cap acity to accommodate the request without sustaining a
loss of revenue from turning away vehicles for bein g full. This combined with the value the
Achievement Center provides to the community, merit s approval of the request.
The Commission should keep in mind that we have nev er received a request of this nature before and
action on this request will set a precedent for the future.
RECOMMENDATION
By motion, approve the request for Ameristar Parkin g Solutions to use up to 40 spaces, free of charge,
in the Old School Square Parking Garage for overflo w parking related to the Achievement Center for
Children and Families of Delray Beach fund raiser b eing held at the Hyatt Hotel on October 4, 2012.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:September 25, 2012
SUBJECT:AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
SPECIAL EVENT REQUEST/ 45TH ANNUAL ST. PATRICK'S DAY PA RADE & PARTY
ITEM BEFORE COMMISSION
City Commission is requested to approve a Special E vent Permit request to conduct the 45 th Annual
Saint Patrick’s Day Parade and Party proposed to be held on Satur day, March 16, 2013 beginning with
set up at 11:30 a.m., parade starting at 2:00 p.m. and ending at approximately 4:00 p.m., and event at
Delray Center for the Arts from 11:00 a.m. to 7:00 p.m., and a Friday night party on the pavilion
grounds at Delray Beach Center for the Arts from 5:00 p.m. to 11:00 p.m. Commission is also requested
to grant a temporary use permit per LDR’s Section 2 .4.6(F) for the use of Atlantic Avenue from A-1-A
to NW 5 th Avenue for the parade and Atlantic from A-1-A to the bridge with overflow on East Drive to
Lowry Street and Gleason if needed for staging of p arade entries. The event producer is also requestin g
that Atlantic Avenue from NE/SE 5 th Avenue to Swinton be closed until 6:00 p.m. Commis sion is also
being requested to approve staff support for traffi c control and security, barricading, EMS assistance ,
use of the small stage and to allow event signage t o be put up on March 2, 2013 and authorize this to be
the only approved event on these dates.
BACKGROUND
Attached are a letter, special event application, s ite plan, budget and economic calculator received f rom
Nancy Stewart-Franczak on behalf of the St. Patrick ’s Day Events, Inc. The parade will start at 2:00
p.m. and end approximately 4:00 p.m. Atlantic Aven ue from A-1-A to the bridge will be utilized to
stage the parade entries. We would close these str eets by 11:30 a.m. The event producer is also
requesting the use of the Delray Beach Center for t he Arts front lawn, which will be fenced and gated
and will have food and beverage vendors as well as entertainment. In addition, the event producer is
requesting approval to conduct a St. Patrick’s Day party in the pavilion area at Delray Center f or the
Arts on Friday, March 15, 2013. This addition to th e event area will be fenced in. This will hopefully
take the place of a pub crawl which created problem s in the past. The event producer is also requestin g
that Atlantic Avenue from NE/SE 5 th Avenue to Swinton remain closed until 6:00 p.m., w hich our
Police Department had agreed to last year.
Estimated overtime cost for the event is $19,595, b arricade rental cost $600, stage rental $530, event
signage $250, and trash boxes $350 for a total of $21,325. Per event policies and procedures, the even t
sponsor will be required to pay 100% of all costs p lus a 5% administrative fee.
RECOMMENDATION
Staff recommends approval of the special event requ est, the temporary use permit and providing staff
support as requested contingent on the receipt of t he following:
Certificate of Liability Insurance and Alcohol Liab ility Insurance by March 2, 2013.
A copy of a temporary liquor license by March 2, 20 13.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Community Improvement
THROUGH:David Harden, City Manager
DATE:September 26, 2012
SUBJECT:AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
VISIONS 2020 STEERING COMMITTEE
ITEM BEFORE COMMISSION
City Commission direction to staff regarding the Vi sions 2020 process and ratification of the Steering
Committee, including the appointment of a Commissio n representative.
BACKGROUND
The City Commission has elected to initiate Visions 2020 using the American Assembly process. This
process is designed to bring together a cross-section of key players in the community to discuss major
issues of concern to public officials. Its effecti veness is in exposing participants to a variety of
viewpoints, while fostering face-to-face communication and compromise, ultimately achie ving a
consensus position on the direction and goals for t he City up to 2020. It should be noted that City
Commission participation is vital to the success of the assembly.
The past three (3) Visioning processes (1988, 1994 & 2001) were planned and implemented using a
Steering Committee ranging from 13-19 members plus a City Commissioner/Mayor appointed by the
Commission. The first two (2) Steering Committees were developed from within the community and
the third was ratified by the Commission. Sandy S imon chaired the first two (2) and co-chaired the last
one in 2001 with Jay Alperin. The Steering Committ ee will work with the selected consultant to
develop background information, set the agenda for the 2-day event and recommend the list of general
participants. The recommended persons for the Ste ering Committee are:
1. Francisco Perez-Azua – Incoming Chairman, Chamber o f Commerce
2. William “Bill” Nix – Palm Beach County Cultural Cou ncil
3. Scott Porten – Developer; Chairman, Chamber Governm ent Affairs Committee
4. Conner Lynch – Chairman, DELPAC, Plastridge Insuran ce
5. David Schmidt – Former Mayor, Attorney
6. Joann Peart – Historic Preservation/Homeowners Asso ciation
7. Evelyn Dobson – CEO, Delray Beach Community Land Tr ust
8. Jeff Perlman – Former Mayor, Entrepreneur
9. Lee Cohen – Entrepreneur, Attorney
10. Terra Spero – Entrepreneur, Real Time Marketing Group
11. Gary Eliopoulos, Architect, Former City Commiss ioner
12. Howard Lewis, CRA Chairperson, Owner, Delray BP Amoco
13. Derline Pierre-Louis, Entrepreneur, Accountant
In addition, Commissioner Gray has asked that the n ames of Alberta McCarthy, former City
Commissioner and Margie Walden, Member of the West Atlantic Redevelopment Coalition (WARC),
be added. Commissioner Carney has asked that Jay Al perin, former Mayor and Ryan Boylston, Director
of Marketing for The Pineapple Newspaper, be added. Staff would also like to recommend that Sandy
Simon be invited to serve as an advisor to the Stee ring Committee.
RECOMMENDATION
Staff is recommending City Commission ratify the re commended Steering Committee for Visions 2020,
appoint a City Commission representative for the sa me and provide any further direction desired to sta ff
on the process and timeline for this event.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Bruce Koeser, Human Resources Director
DATE:September 25, 2012
SUBJECT:AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
REQUEST FOR PROPOSAL (RFP)/ EMPLOYEE HEALTH AND WELLNESS C ENTER
ITEM BEFORE COMMISSION
The item before Commission is to approve the select ion of Concentra Health Services, Inc. to provide
medical staff and services for the Employee Health and Wellness Center.
BACKGROUND
The City of Delray Beach's current provider, CareH ere contract will expire on December 31, 2012. On
September 18, 2012 the City submitted an RFP for an Onsite Medical Center and received five (5)
responses. A selection committee of three (3) met o n September 25, 2012 to review and discuss the
selection for the Onsite Medical Staffing, Administ ration and Provisions based on the selection criter ia
(see attachment 1). According to the selection cr iteria Concentra Health Services, Inc. results were the
most favorable (see attached item 2).
FUNDING SOURCE
Funding will be from the account 551-1577-591-34.90 .
RECOMMENDATION
Based on the selection criteria scoring, the Staff recommends approval from the City Commission to
move forward to secure services for the Onsite Medi cal Center Staffing, Administration and
Provision from Concentra Health Services, Inc.
City of Delray Beach - Medical Center RFP 2013 -06 - Selection Criteria
Name of Vendor: ____________________________________________
1. Cost to operate Medical Center, staff and provide requested services – maximum of 25 points
2. Vendor – Medic al Center reporting capabilities – maximum of 25 points
3. Medical Center management capabilities – maximum of 25 points
4. Number of years and depth of experience with managing Medical Centers – maximum of 25 points
Score: ____
Score: ___
Score: ___
Score: ___
TOTAL SCORE: ___________
Due Date: 09.18.2012 @ 2:00 P.M.City of Delray Beach
RFP No. 2013-06
Onsite Medical Center Staffing, Adminstration and Provisions
Questions
Vendors CareATC Concentra Health Health2You Marathon MDNow
Committee Member 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3
1
Cost to operate medical center, staff and
provide requested services (maximum of
25 points)11 8 0 22 24 20 10 14 0 15 23 22 10 10 0
2 Vendor - medical center reporting
capabilities (maximum of 25 points)13 8 0 25 23 20 10 15 0 20 20 25 12 13 0
3 Medical center management capabilities
(maximum of 25 points)16 8 0 23 22 20 10 17 0 20 22 17 10 12 0
4
Number of years and depth of
experience with managing medical
centers (maximum of 25 points)15 8 0 24 24 20 10 19 0 15 20 19 10 13 0
Sub-Total 55 32 0 94 93 80 40 65 0 70 85 83 42 48 0
Total 87 267 105 238 90
Average Total 29 89 34 79.3 30
Selection Criteria Points
Care ATC Did not properly follow instructions in RFP to hours of operation and staffing criteria, and costing was incorrect
Unreciprocated majority of questions from RFP
Concentra Health Service Reporting capability much more robust
Monthly reports available
Superlative RFP submitted
With such a big workforce should not be an issue to staff the Wellness Center
Greatest experience in staffing a Wellness Center
Currently operation 278 medical centers-considerably more than other bidders
Health 2 You Did not properly follow instructions in RFP to hours of operation and staffing criteria
Marathon Estimation of cost did not include medications
Reporting on a quarterly basis, City of Delray Beach would have a preference for a more frequent reporting
Health Risk Assessment insufficient information
Higher Cost
MDNow Generally an Urgent Care Center: not a lot of experience in worksite medical center model still in first stages
Did not want City of Delray Beach to be their first project
Committee Meeting Date: 09.24.2012
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:September 26, 2012
SUBJECT:AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
RESOLUTION NO. 51 -12
ITEM BEFORE COMMISSION
Resolution No. 51-12 is before Commission to not support Amendment 4 to the Florida Constitution
which, if adopted, would create additional inequiti es in Florida’s tax system by granting certain tax
breaks to some taxpayers at the expense of other ta xpayers.
BACKGROUND
The resolution urges our residents to consider the potential consequences of Amendment 4 to the
Florida Constitution to be voted on in the November 6, 2012 general election:
If passed, Amendment 4 shifts the tax burden to new or growing businesses creating an unfair
disadvantage for new businesses that would have to pay higher property taxes than their established
counterparts.
Amendment 4 makes our complicated property tax syst em even worse.
The amendment is unfair to Florida homesteaded resi dents. It defines a first time home buyer as anyon e
who has not had a homestead exemption in Florida in the last three years. Thus it favors people movin g
into the state at the expense of those already here .
The amendment is unbalanced because identical prope rties will pay different taxes. It will create the
same inequities among non-homestead properties, including business property a nd vacant land, as we
currently have with homestead properties.
RECOMMENDATION
Approve Resolution No. 51-12.
RESOLUTION NO. 51-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA CONCERNING
AMENDMENT 4 TO THE FLORIDA CONSTITUTION
WHICH, IF ADOPTED, WOULD CREATED ADDITIONAL
INEQUITIES IN FLORIDA’S TAX SYSTEM BY GRANTING
CERTAIN TAX BREAKS TO SOME TAXPAYERS AT THE
EXPENSE OF OTHER TAXPAYERS.
WHEREAS, a proposed constitutional amendment sponsored by the Florida Legislature
will be placed on the 2012 general election ballot as “Amendmen t 4”; and
WHEREAS, this proposed constitutional change reduces the curr ent assessment limitation
on non-homestead real property from 10 percent to 5 percent; and
WHEREAS, the proposed amendment grants first-time homesteaders an additional
homestead exemption equal to 50 percent of the just value of the property up to the county median
home value; and
WHEREAS, the proposed amendment creates a provision that allo ws the Legislature by
general law to prohibit increases in the assessed va lue of homestead property if the just value of the
property decreases; and
WHEREAS, Amendment 4 creates inequities for non-homestead pro perties by allowing
identical properties to be taxed differently, and Amendm ent 4 extends the sunset provision already
in the Florida Constitution from 2019 to 2023, which allows these inequities to be in place longer;
and
WHEREAS, Amendment 4 shifts the tax burden to new or growing businesses, creating an
unfair disadvantage for new businesses that would hav e to pay higher property taxes than their more
established counterparts; and
WHEREAS, the non-homestead cap reduction and the first-time ho mesteader provision
apply to city and county taxes and not to school property taxes ; and
WHEREAS, over the last few years, several property tax init iatives, including additional
homestead exemptions, Save Our Homes portability and statutory millage caps, have also
contributed to the unequal treatment of Florida’s taxpayers.
2
Res No. 51-12
WHEREAS, there are estimates of the total tax impact of Ame ndment 4 of $1.6 billion
cumulatively over a four-year period beginning in 201 3-2014, with approximately $447 million borne
by cities.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSI ON OF
THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That the City of Delray Beach will evaluate the i mpact Amendment 4 may have
on its property taxes.
Section 2. That the City of Delray Beach urges its residents to carefully consider the
potential adverse consequences of Amendment 4 before voting in the November 2012 general
election.
Section 3. That a copy of this resolution be provided to the F lorida League of Cities, Inc.
and other interested parties.
PASSED AND ADOPTED in regular session on this the ____ day of___________, 2012.
________________________________
M A Y O R
ATTEST:
___________________________
City Clerk
General Election 11/06/2012
NO. 4 CONSTITUTIONAL AMENDMENT
ARTICLE VII, SECTIONS 4, 6 &
ARTICLE XII, SECTIONS 27, 32, 33
Vote For 1
Property Tax Limitations; Property Value Decline; Reduction for Nonhomestead Assessment Increases; Delay
of Scheduled Repeal
(1) This would amend Florida Constitution Article VII, Sec tion 4 (Taxation; assessments) and Section 6 (Homestead
exemptions). It also would amend Artic le XII, Section 27, and add Sections 32 and 33, relating to the Schedule for
the amendments.
(2) In certain circumstances, the law requires the assess ed value of homestead and specified nonhomestead property
to increase when the just value of the property decreases . Therefore, this amendment provides that the Legislature
may, by general law, provide that the assessment of homestead and sp ecified nonhomestead property may not
increase if the just value of that property is less than th e just value of the property on the preceding January 1, subject
to any adjustment in the assessed value due to changes, additions, reductions, or improvements to such property
which are assessed as provided for by general law. This amendment takes effect upon approval by the voters. If
approved at a special election held on the date of the 2012 presidential preference primary, it shall operate
retroactively to January 1, 2012, or, if approved at the 2012 general election, shall take effect January 1, 2013.
(3) This amendment reduces from 10 percent to 5 percent the limitation on annual changes in assessments of
nonhomestead real property. This amendment takes effect upon approval of the voters. If approved at a special
election held on the date of the 2012 pres idential preference primary, it shall ope rate retroactively to January 1, 2012,
or, if approved at the 2012 general election, takes effect January 1, 2013.
(4) This amendment also authorizes gene ral law to provide, subject to conditions specified in such law, an additional
homestead exemption to every person who establishes the ri ght to receive the homestead exemption provided in the
Florida Constitution within 1 year after purchasing the homestead property and who has not owned property in the
previous 3 calendar years to which the Florida homestead exemption applied. The a dditional homestead exemption
shall apply to all levies ex cept school district levies. The additional exem ption is an amount equal to 50 percent of
the homestead property's just value on January 1 of the year the homestead is establishe d. The additional homestead
exemption may not exceed an amount equal to the median just value of all homestead property within the county
where the property at issue is located for the calendar year immediately preceding January 1 of the year the
homestead is established. The additional exemption shall apply for the shorter of 5 years or the year of sale of the
property. The amount of the additional exemption shall be re duced in each subsequent year by an amount equal to 20
percent of the amount of the additiona l exemption received in the year the homestead was established or by an
amount equal to the difference between the just value of the property and the assessed value of the property
determined under Article VII, Section 4(d), whichever is gr eater. Not more than one such exemption shall be allowed
per homestead property at one time. The additional exempti on applies to property purchased on or after January 1,
2011, if approved by the voters at a special election held on the date of the 2012 presidential preference primary, or
to property purchased on or after January 1, 2012, if approved by the voters at the 2012 general election. The
additional exemption is not available in the sixth and subse quent years after it is first received. The amendment shall
take effect upon approval by the voters. If approved at a sp ecial election held on the date of the 2012 presidential
preference primary, it shall operate retroactively to Ja nuary 1, 2012, or, if approved at the 2012 general election,
takes effect January 1, 2013.
(5) This amendment also delays until 2023, the repeal, curre ntly scheduled to take effect in 2019, of constitutional
amendments adopted in 2008 which limit annual assessment increases for specified nonhomestead real property.
This amendment delays until 2022 the submission of an am endment proposing the abrogation of such repeal to the
voters.
YES
NO
Pa g e 1of 1 Palm Beach Count y , FL Supervisor of Elections
9/26/2012 htt p ://www.p bcelections.or g /OfficeCandidates.as p x?eid=129&oid=770&p id=-1&p rinte r -f r ...
LOCAL LEADERS ANNOUNCE GRASSROOTS
CAMPAIGN AGAINST AMENDMENT 4
(TALLAHASSEE, FL) Officials at the Florida League o f Cities (FLC) and the Florida
Association of Counties (FAC) today announced the f ormation of a grassroots campaign
aimed at alerting voters to the hidden costs of Ame ndment 4—a proposed change to
Florida’s constitution, which will appear on ballot s this November.
“Amendment 4 is a wolf in sheep’s clothing,” said B ryan Desloge, President of the
Florida Association of Counties and a Leon County C ommissioner. “If passed,
Amendment 4 will mean that property taxes for Flori da homeowners who have lived in
their homes for several years may go up in order to subsidize tax breaks for non-
residents and real estate investors.”
Amendment 4 has already drawn warnings from some local property appraisers , who
caution that Florida’s homeowners will ultimately p ick up the tab should the measure
pass. Leaders of the newly formed committee—Citizen s for Local Decision Making—
vowed a strong “grassroots” approach to get their m essage out.
“We won’t have the resources of the other side,” sa id Manny Morono, President of the
Florida League of Cities and Mayor of the City of S weetwater. “But we have the facts on
our side. And the fact is that Amendment 4 is like ly to lead to tax hikes for full-time
Floridians in order pay for tax breaks for snowbird s. At the end of the day, I believe that
our members—trusted local leaders in their communit ies—will get the message out at
the grassroots level.”
The new committee was announced along with the laun ch of its website,
www.taxbreaks4snowbirds.org .
Formed by the Florida League of Cities (FLC) and th e Florida Association of Counties
(FAC), Citizens for Local Decisions Making is a grassroots organization aimed at
educating voters on the hidden costs of Amendment 4 .
###
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Amy E. Alvarez, Historic Preservation Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:September 24, 2012
SUBJECT:AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
ORDINANCE NO. 32 -12
ITEM BEFORE COMMISSION
The item before the City Commission is that of appr oval of a City-initiated text amendment to the Land
Development Regulations (LDR) Section 4.6.9(E)(3)(b ) pertaining to the in-lieu fee amount for
properties located within a portion of Block 69 of the Old School Square Historic Arts District
(OSSHAD).
BACKGROUND
The in-lieu of parking fee for properties within the OSSHA D (Old School Square Historic Arts District)
zoning district, with the exception of Block 69, is $7,800. Block 69 currently requires an in-lieu of
parking fee in the amount of $15,600, which is the same as parcels located west of the Intracoastal
Waterway which are zoned CBD or CBD-RC.
The proposed LDR Amendment contained within Ordinan ce 32-12 will reduce the required in-lieu of
parking fee from $15,600 to $7,800 for those proper ties within Block 69 which do not front East
Atlantic Avenue. Further, for Lots within Block 69 that front on East Atlantic Avenue and which are
classified as “contributing” shall also be subject to the reduced rate of $7,800.
Currently, there are six buildings which front East Atlantic Avenue, two of which are classified as
contributing, and four of which are recommended to be reclassified to contributing from non-
contributing. In 2010, the four property owners req uested that they not be reclassified, and the City
Commission approved this request. The uses within t he non-contributing buildings are restaurant, stand -
alone bar, and retail (art gallery). The uses withi n the two contributing buildings are restaurant, re tail,
personal services (salon), and office.
REVIEW BY OTHERS
The Historic Preservation Board (HPB) considered Ordinance 32-12 at its September 19, 2012
meeting, where a recommendation of approval was mad e to the Planning and Zoning Board, with the
suggestion that properties classified as contributi ng within Lots 1-6 of Block 69 are also subject to the
lower in-lieu fee of $7,800. (The original version of Ordinance 32-12 did not reflect this; the current
version has been amended.)
The Planning and Zoning Board considered Ordinance 32-12 at their September 24, 2012 meeting and
a recommendation of approval was made with the sugg estion that properties classified as contributing
within Lots 1-6 of Block 69 are also subject to the lower in-lieu fee of $7,800. (Ordinance 32-12 reflects
this suggestion, as indicated above.)
The Parking Management Advisory Board (PMAB)considered Ordinance 32-12 at their September 27,
2012 meeting and recommended approval, but with onl y a 90 day window for those properties on lots 1-
6 which are not currently classified as contributin g in the LDR's to opt in to being reclassified as
contributing.
RECOMMENDATION
By motion, approve on First Reading, Ordinance 32-1 2, a City-initiated amendment to the Land
Development Regulations, by adopting the findings o f fact and law contained in the Staff Report and
finding that the request is consistent with the Com prehensive Plan and meets the criteria set forth in
LDR Section 2.4.5(M)(5), with second reading to occ ur on October 16, 2012.
ORDINANCE NO. 32-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.6,
“SUPPLEMENTAL DISTRICT REGULATIONS”, SECTION 4.6.9,
“OFF-STREET PARKING REGULATIONS”, SUBSECTION (E),
“LOCATION OF PARKING SPACES”, TO REVISE THE IN-LIEU OF
PARKING FEE APPLIED TO THOSE PROPERTIES WITHIN BLOC K
69 OF THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT
ZONE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health,
safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations
pertaining to land use and development within the City of Del ray Beach; and
WHEREAS, pursuant to LDR Section 1.1.6, the Plannin g and Zoning Board reviewed the proposed text
amendment at a public hearing held on September 24, 2012 and voted 7 to 0 to recommend that the changes
be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the
Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectiv es and
policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and
Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the
Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Article 4.6, “Supplemental District Regulatio ns”, Section 4.6.9, “Off-Street Parking
Regulations”, Subsection (E), “Location of Parking Spaces”, of the Land Development Regulations of the City
of Delray Beach, Florida, shall hereby be amended to read as foll ows:
(E) Location of Parking Spaces :
(1) Street parking, parking located in the public right-of-way, or parking located in public parking facilities
shall not be used to satisfy on-site parking require ments, except as provided for herein. The terms
2
Ord No. 32-12
"on-site parking" and "off-street parking" are synonymous. However, pursuant to the requirements of
Section 4.6.9(E)(3)(e) and Section 4.6.9(E)(4)(d), the construction of additi onal on-street public
parking may reduce the number of in-lieu and public parking fee spaces required.
(2) Required off-street parking shall be provided on t he same lot, or parcel, as the building and uses for
which it is required, except as provided for within th is Subsection (E). When the provisions of
Sections 4.6.9(E)(3) or 4.6.9(E)(4) cannot be appli ed and where adequate right-of-way exists,
construction of additional on-street parking spaces di rectly and wholly abutting the lot, or parcel, may
be counted towards the off-street parking requirement of the lot or parcel it is intended to serve,
provided that:
(a) The adjacent right-of-way has not been previousl y utilized for parking or, in cases where the
adjacent right-of-way has been used for parking only those spaces in addition to the number of
existing spaces shall be counted;
(b) Such parking spaces are clearly marked on the si te plan and designed in accordance with
appropriate City, County or State standards, as applicable ; and,
(c) Such parking spaces shall be publicly accessibl e and cannot be reserved or restricted by the
owner(s) or tenant(s) of the lot or parcel, unless approved by the City Commission for special
events or valet parking.
One parking space credit shall be given for each addit ional full space constructed abutting a lot or
parcel. No part of an on-street parking space shall extend past a side property line of the lot it serve s.
On-street parking located on the opposite side of th e right-of-way, and within the property lines, as
extended to the opposite side of the right-of-way, may be counted toward fulfilling the off-street
parking requirement when the adjacent lot is a railr oad or waterway, and it does not warrant parking.
In the event the City, County or State removes the parking spaces at any time for a public purpose,
the property shall be considered lawfully nonconforming wit h respect to parking.
(3) In-Lieu Fee : Subject to the limitations of this Section, new de velopment, use conversion to existing
buildings, building additions and/or renovations, that re sult in the requirement to provide new
parking or additional parking, have the option of req uesting some of the parking spaces to be
approved by the City Commission through the payment in-lieu of parking program. Required parking
for exclusively residential development or residential components of mixed use developments are not
eligible for this in-lieu option. A maximum limit o f 30% of eligible required parking can be provided
under this option, except for use conversions for wh ich there is no maximum. Before granting such
approvals, the City Commission must find that adequat e public parking options are available and that
the request is consistent with the Land Development Regulations, City Comprehensive Plan, and all
currently adopted City policies and/or studies.
Payment of a fee in-lieu of required parking shall be pursuant to the following provisions.
3
Ord No. 32-12
(a) The in-lieu fee is authorized only in the CBD, C BD-RC, and OSSHAD Zoning Districts, in
compliance with the Supplemental District Regulations pr ovisions therein.
(b) Arrangements for payment shall be approved by th e City Commission at the time of the approval
of the in-lieu fee. The fee amount shall be based up on the location of the property for which in-
lieu fees are being sought. Area descriptions and co rresponding fee amounts are hereby
established as follows: (See corresponding map).
(1) Area 1 : Parcels located east of the Intracoastal Waterway which are zoned CBD - $18,200
per space.
(2) Area 2 : Parcels located west of the Intracoastal Waterway which are zoned CBD or CBD-
RC and which are not included within the Pineapple Gro ve Main Street area, West Atlantic
Neighborhood or noncontributing Lots 1-6 of Block 69 located in the Old School Square
Historic Arts District (OSSHAD) - $15,600 per space.
(3) Area 3 : Parcels located within the OSSHAD zoning district, except for noncontributing
Lots 1-6 of Block 69 as noted in Area 2; and parcels located wit hin the Pineapple Grove
Main Street area which are zoned CBD or CBD-RC - $7,800 per spa ce.
(4) Area 4 : Parcels located within the West Atlantic Neighbor hood which are zoned CBD -
$4,000 per space.
(c) All proceeds from such a fee shall be used for parking purpo ses.
(d) For property owners opting to pay in full, or lessees of properties, payment of the in-lieu fee i s
due upon issuance of a building permit.
The in-lieu fee may be paid in full upon issuance o f a building permit or in installments.
Applicants for an in-lieu fee which is not paid in f ull at time of permit, must enter into an In-Lieu
of Parking Fee Agreement with the City prior to or upon issuance of a building permit. Such
agreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The
obligations imposed by such an In-Lieu of Parking Fe e Agreement constitute a restrictive
covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant
shall be released upon full payment of the in-lieu p arking fees including attorneys’ fees and costs.
In-Lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the
subject property. If an In-Lieu of Parking Fee Agre ement is entered into, installment payments
shall be made over a three-year time period in three installments. The first installment shall be
50% of the total fee and is to be paid upon signing the agreement. The second installment shall
be 25% of the total fee and is due on the second annive rsary date of the signing of the agreement.
The third and final payment of 25% of the total fee i s due on the third anniversary date of the
signing of the agreement. There shall be no interest due under this payment schedule.
4
Ord No. 32-12
(e) In addition to in-lieu fees due, where adequate r ight-of-way exists adjacent to a proposed project
for which an in-lieu parking fee has been approved, the applicant must construct additional on-
street parking, not to exceed the total amount of sp aces subject to in-lieu fees unless authorized
by the City Commission. The applicant will be credi ted up to one-half of a parking space for each
full parking space constructed within public right-o f-way. (For example, the applicant requests to
pay the in-lieu fee on 4 spaces; the applicant cons tructs 4spaces in the right-of-way; the applicant
must only pay the in-lieu fee for 2 spaces). Crediti ng of spaces constructed in the right-of-way
resulting in a fraction shall be rounded down. Credit m ay not be taken for those parking spaces
constructed in the public right-of-way which are req uired to meet the performance standards for
new developments.
(f) Requests to allow in-lieu fee payments that are not associated with a site plan or a site plan
modification shall expire two years after such reque st is approved. The fee charged shall be the
fee that is set forth in the Land Development Regula tions at the time payment is made for spaces
required to accommodate the associated site plan or site plan m odification.
Section 2 . That should any section or provision of this ordin ance or any portion thereof, any paragraph,
sentence, or word be declared by a court of compete nt jurisdiction to be invalid, such decision shall not affect the
validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid.
Section 3 . That all ordinances or parts of ordinances in con flict herewith shall be, and the same are
hereby repealed.
Section 4 . That this ordinance shall become effective immed iately upon its passage on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this ____ day of
_______________, 2012.
______________________________________
MAYOR
ATTEST:
___________________________
City Clerk
First Reading________________
Second Reading______________
PLANNING & ZONING BOARD
STAFF REPORT
MEETING DATE: SEPTEMBER 24, 2012
AGENDA ITEM: ORDINANCE 32-12, CITY INITIATED AMENDM ENT TO LDR SECTION
4.6.9(E), TO REVISE THE IN-LIEU OF PARKING FEE APPL IED TO A
PORTION OF THOSE PROPERTIES WITHIN BLOCK 69 OF THE OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) ZONE.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recomme ndation to the City Commission
regarding Ordinance 32-12 for an LDR (Land Developme nt Regulation) text amendment to
Section 4.6.9(E)(3)(b) pertaining to the in-lieu fee amount for specific properties located within a
portion of Block 69 of the Old School Square Historic A rts District (OSSHAD).
BACKGROUND & LDR AMENDMENT DESCRIPTION
The in-lieu of parking fee for properties within th e OSSHAD (Old School Square Historic Arts
District) zoning district, with the exception of Block 69 , is $7,800. Block 69 requires an in-lieu of
parking fee in the amount of $15,600, which is the sam e as parcels located west of the
Intracoastal Waterway which are zoned CBD or CBD-RC.
Block 69 is located within the Old School Square Histori c District and consists of approximately
19 properties, a majority of which are either classified as contributing (historic) to the historic
district, or are deemed eligible for the contributing classification. While other blocks within the
district have benefitted from adaptive reuse and furth er development of historic properties,
properties within Block 69 which do not front East Atla ntic Avenue have not found such success.
Further, in the last ten years, three historic structu res have been demolished within this block,
and one historic structure has been relocated. The provi sion of an incentive equal to the
balance of the Old School Square Historic District should be considered by reducing the in-lieu
fee to $7,800.
It is important to note that Ordinance 74-04 (adopted January 18, 2005) expanded Area 2 (see
attached map) to include all of Block 69 among other p arcels. The reasoning for differentiating
between Block 69 and the rest of the OSSHAD zoning di strict is not explained in back up
documentation for the Ordinance. However, the inclusion of the entire block is thought to have
been done in error, whereas it is likely that only Lot s 1-6 (Lots which front on East Atlantic
Avenue) were intended to be included in Area 2.
The current LDR Section 4.6.9(E)(3) is shown below, wit h the prepared changes depicted in
underlined text. The complete Ordinance is attached for further reference.
(3) In-Lieu Fee : Subject to the limitations of this Section, new develo pment, use conversion
to existing buildings, building additions and/or renova tions, that result in the requirement to
provide new parking or additional parking, have the opt ion of requesting some of the parking
spaces to be approved by the City Commission through the p ayment in-lieu of parking program.
Required parking for exclusively residential development or residential components of mixed
Planning & Zoning Board Meeting of September 24, 20 12 / Page 2 of 3
Ordinance 32-12; LDR Amendment re: OSSHAD In-Lieu F ees
2
use developments are not eligible for this in-lieu opti on. A maximum limit of 30% of eligible
required parking can be provided under this option, exce pt for use conversions for which there
is no maximum. Before granting such approvals, the City C ommission must find that adequate
public parking options are available and that the reque st is consistent with the Land
Development Regulations, City Comprehensive Plan, and al l currently adopted City policies
and/or studies.
Payment of a fee in-lieu of required parking shall be pursuant to the following provisions.
(a) The in-lieu fee is authorized only in the CBD, CB D-RC, and OSSHAD Zoning Districts,
in compliance with the Supplemental District Regulation s provisions therein.
(b) Arrangements for payment shall be approved by the C ity Commission at the time of the
approval of the in-lieu fee. The fee amount shall be based upon the location of the
property for which in-lieu fees are being sought. Area descriptions and corresponding
fee amounts are hereby established as follows: (See corr esponding map).
(1) Area 1 : Parcels located east of the Intracoastal Waterway whi ch are zoned CBD -
$18,200 per space.
(2) Area 2 : Parcels located west of the Intracoastal Waterway whi ch are zoned CBD or
CBD-RC and which are not included within the Pineappl e Grove Main Street area,
West Atlantic Neighborhood or Lots 1-6 of Block 69 located in the Old School
Square Historic Arts District (OSSHAD) - $15,600 per sp ace.
(3) Area 3 : Parcels located within the OSSHAD zoning district, ex cept for Lots 1-6 of
Block 69 as noted in Area 2; and parcels located within the Pineapple Grove Main
Street area which are zoned CBD or CBD-RC - $7,800 p er space.
(4) Area 4 : Parcels located within the West Atlantic Neighborhoo d which are zoned
CBD - $4,000 per space.
SCHEDULE FOR REVIEW
The Historic Preservation Board (HPB) considered Ordinance 32-12 at its September 19,
2012 meeting, where a recommendation of approval was made to the Planning and Zoning
Board, with the revision that properties classified as con tributing within Lots 1-6 are subject to
the lower in-lieu fee of $7.800. Note: There are six buildings which front East Atlanti c Avenue,
two of which are classified as contributing, and four o f which are recommended to be
reclassified to contributing from non-contributing. In 2 010, the four property owners requested
that they not be reclassified, and the City Commission a pproved this request. The uses within
the non-contributing buildings are restaurant, stand-al one bar, and retail (art gallery). The uses
within the two contributing buildings are restaurant, retail, personal services (salon), and office.
The Parking Management Advisory Board will consider Ordinance 32-12 at its September 27,
2012 meeting. The recommendation will be forwarded t o the City Commission.
The City Commission will consider Ordinance 32-12 at its meetings of Octobe r 2, 2012 (First
Reading) and October 16, 2012 (Second Reading).
Planning & Zoning Board Meeting of September 24, 20 12 / Page 3 of 3
Ordinance 32-12; LDR Amendment re: OSSHAD In-Lieu F ees
3
RECOMMENDED ACTION
By motion, recommend to the City Commission approval o f Ordinance 32-12 for an LDR
amendment to Section 4.6.9(E), to reduce the in-lieu of parking fee from $15,600 per space to
$7,800 per space for all lots within Block 69, except Lo ts 1-6 which face East Atlantic Avenue.
The current $15,600 fee would continue to apply to Lo ts 1-6, which face East Atlantic Avenue.
Ex
i
s
t
i
n
g
I
n
-Li
e
u
F
e
e
D
i
s
t
r
i
c
t
B
o
u
n
d
a
r
y
M
a
p
Pr
o
p
o
s
e
d
B
o
u
n
d
a
r
y
Ch
a
n
g
e
t
o
B
l
o
c
k
6
9
Pr
o
p
o
s
e
d
I
n
-Li
e
u
F
e
e
D
i
s
t
r
i
c
t
M
a
p
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:September 25, 2012
SUBJECT:AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
ORDINANCE NO. 35 -12
ITEM BEFORE COMMISSION
Adoption of Ordinance 35-12 regarding a proposed ch ange to clarify and enhance the Charter’s
readability.
BACKGROUND
This proposed Ordinance corrects some grammatical e rrors, clarifies language and makes the Charter
easier to read. This charter amendment would be pl aced on the ballot for the March 2013 election and
would be effective upon passage at referendum.
RECOMMENDATION
Commission discretion.
ORDINANCE NO. 35-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIO NS
BY AMENDING SECTION 3.04, “ASSUMPTION OF OFFICE;
ORGANIZATIONAL MEETING”; SECTION 3.05, “OATH OF OFFICE”;
SECTION 3.08, “VACANCIES; FILLING OF VACANCIES”,
SUBSECTION (B), “VACANCY IN OFFICE OF MAYOR”; SECTIO N
4.02, “APPOINTMENT; REMOVAL; COMPENSATION”, SUBSECTION
(C), “REPLACEMENT”; SECTION 4.05, “BUDGET PROCEDURE”,
SUBSECTION (D), “PUBLIC HEARING”, SUBSECTION (E), “B UDGET
ADOPTION/APPROPRIATIONS”, SUBSECTION I, “AUDIT”; SECT ION
5.04, “ELECTIONS GENERALLY”, SUBSECTION (B), “HIGHEST
NUMBER OF VOTES TO ELECT IN FIRST NONPARTISAN
ELECTION”, SUBSECTION (D), “IF NO PERSON QUALIFIES”;
SECTION 6.05, “PROCEDURE FOR FILING”, SUBSECTION (A),
“CERTIFICATE OF CITY CLERK; AMENDMENT”; TO CLARIFY,
CORRECT GRAMMATICAL ERRORS, AND TO ENHANCE THE
CHARTER'S READABILITY; PROVIDING FOR A REFERENDUM O N
MARCH 12, 2013; PROVIDING FOR A REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission established a Charter Review Committee which sought
input from the Community as to potential Charter revisions; and
WHEREAS, the City Commission, after a review of the proposa l, has decided to put the
Question set forth in this Ordinance to a vote of the electorate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY
OF DELRAY BEACH, FLORIDA:
Section 1 . That Section 3.04, “Assumption of Office; Organizational Meeting”, of the
Charter of the City of Delray Beach is hereby amended to read as follows:
Section 3.04. - ASSUMPTION OF OFFICE; ORGANIZATIONAL MEETING.
(A) Assumption of Office . The successful candidates for Mayor and Commissioners shall ass ume
office on the last Thursday in March following their election. The Commission shall hold an
organizational meeting immediately thereafter each year on or after the last Thursday in
March , and shall select from the Commissioners other than the Mayor, a Vice-Mayor and a
Deputy Vice-Mayor. These two (2) officials shall serve in the ir respective capacities at the
2 ORD NO. 35-12
pleasure of the Commission until the organizational meeting of the following year. If the
person elected fails to assume office, the procedures set fort h in Section 3.08 shall apply to
fill the vacancy.
(B) Assumption of Office for Appointees and Those Elected at a Speci al Election . A person
appointed to fill a vacancy in the office of Mayor or Commissioner, or by electing elected a
Mayor or Commissioner at a special election shall assume office at the first regular meeting
of the Commission after being so appointed or elected. If the per son so appointed or elected
does not assume office, the procedures set forth in Section 3.08 shal l apply to fill the
vacancy.
Section 2. That Section 3.05, “Oath of Office”, of the Charter of the City of Delray
Beach is hereby amended to read as follows:
Section 3.05. - OATH OF OFFICE.
Before assuming their respective offices, the Mayor and Commi ssioners shall each take and
subscribe to the following oath:
"I do solemnly swear (or affirm) that I will support, protect , and defend the Constitution and
Government of the United States and of the State of Florida and of the City of Delra y Beach;
that I am duly qualified to hold office under the laws of the State of Florida and the Charter
and laws of the City of Delray Beach, and that I will well a nd faithfully perform the duties
of {Mayor} {Commissioner} of the City, upon which I am about to e nter. (So help me
God.)"
Section 3. That Section 3.08, “Vacancies; Filling of Vacancies”, Subsecti on (B), “Vacancy
in Office of Mayor”, of the Charter of the City of Delray Beach is hereby a mended to read as follows:
Section 3.08. - VACANCIES; FILLING OF VACANCIES.
(B) Vacancy in Office of Mayor.
(1) If a vacancy in the office of Mayor occurs at least sixty (60) or more calendar days
preceding the date of the next regular City election, there wi ll be an election to fill
the Mayor's seat which will be held at the time of the next regular City election. If a
vacancy occurs in the office of Mayor less than sixty (60) cal endar days preceding
the date of the regular City election, the Mayor shall be ele cted at a special election
to be held on the second Tuesday in May. If a special election is held to fill the office
of Mayor, those persons who previously qualified to run for the Mayor's seat and
other candidates who qualify pursuant to this Charter and Chapter 34 of the Code of
3 ORD NO. 35-12
Ordinances may run for the Mayor's seat to be filled at th e special election.
Notwithstanding anything to the contrary, the Mayor elected at t he special election
shall assume office after at the first regular meeting after being elected.
(2) When a vacancy occurs in the office of Mayor, the Vice-Mayor shall automatically
succeed to the office of Mayor and shall serve until the last Thursday in March
following the next regular City election. Thereafter, the Vice-Mayor shall return to
his or her former seat and complete the remainder of his or her Commission term if
any part thereof remains unexpired. If a special election is called to fill a vacancy in
the office of Mayor, the Vice-Mayor selected at the organizat ional meeting shall
serve until a new Mayor is seated and shall thereafter return to his or her seat .
(3) The succession of the office of Mayor by the Vice-Mayor shall create a vacancy in
the Commission. The vacancy on the Commission shall be filled in t he manner set
forth in this Charter except the Commissioner appointed to fill t he vacancy created
on the Commission as a result of a vacancy in the office of May or that occurs sixty
(60) days or more before the next election shall serve only until the last Thursday in
March following the next regular City election. If a vacanc y occurs on the
Commission as a result of a vacancy in the office of Mayor l ess than sixty (60) days
before the next election, the Commission seat shall remain vac ant, notwithstanding
anything to the contrary within this Charter until after the a ssumption of office of the
Mayor after the special election.
(4) If the Vice-Mayor is unable or unwilling to succeed to the of fice of Mayor, then the
Deputy Vice-Mayor shall succeed to the office of Mayor. If the Deputy Vice-Mayor
is unable or unwilling to succeed to the office of Mayor, the Comm ission shall then
select a Mayor from the remaining Commissioners. If the Commis sion is unable to
select a Mayor by the end of the second regular meeting aft er the vacancy then a
special election shall be held for the election of the Mayor.
(5) If a vacancy occurs in the office of Vice-Mayor, the Deput y Vice-Mayor shall
automatically become Vice-Mayor and a new Deputy Vice-Ma yor shall be selected
by the Commission. If a vacancy occurs in the office of Deputy Vice-Mayor, the
Commission shall then select a new Deputy Vice-Mayor.
Section 4. That Section 4.02, “Appointment; Removal; Compensation”, Subsection (C ),
“Replacement”, of the Charter of the City of Delray Beach is hereby ame nded to read as follows:
Section 4.02. - APPOINTMENT; REMOVAL; COMPENSATION.
4 ORD NO. 35-12
(C) Replacement . Upon the death, resignation, incapacity, or termination of the City Manager,
the Commission shall appoint an Acting City Manager and thereaft er, within a reasonable
time, appoint a regular City Manager.
Section 5. That Section 4.05, “Budget Procedure”, Subsection (D), “Public H earing”, Subsection
(E), “Budget Adoption/Appropriations”, Subsection I, “Audit”, of the Charter of the City of Delray Beach
is hereby amended to read as follows:
Section 4.05. - BUDGET PROCEDURE.
(D) Public Hearing . A public hearing on the budget shall be held in accordance w ith State law
on the first regular Commission meeting in September of each year. Notice of such public
hearing shall be published at least one week in advance by the City Clerk . A condensed
copy of the proposed budget shall be published available to the public prior to the public
hearing .
(E) Budget Adoption/Appropriations . At the second regular Commission meeting in the month
of September of each year, the Commission shall, by resolution, ado pt the budget for the
next fiscal year, and shall, in such resolution, make an appropriati on for the money needed
for municipal purposes during the ensuing fiscal year of the Ci ty,. The resolution shall also
and provide for a levy of the amount necessary to be raised by taxes upon real and personal
property for municipal purposes, which levy shall not, for the ge neral operating expenses of
the City, in any event exceed the mill e age limitation as provided by State law on the
assessed valuation of all real and personal property subject t o taxation in the City. Should
the Commission take no final action during said meeting, the budget a s submitted, shall be
deemed to have been finally adopted by the Commission.
(I) Audit . An independent audit shall be made of all accounts of the City gove rnment at least
annually, and more frequently if deemed necessary by the Commis sion. Such audit shall be
made by certified public accountants experienced in municipal accounting, and who shall
have no personal interest, direct or indirect, in the fiscal af fairs of the City government or of
any of its officers. The condensed audit shall be published available to the public within
thirty (30) days after receipt of the same. An annual report of the City business shall be
made available to the public by the City Manager in such for m as will disclose pertinent
facts concerning the activities and finances of the City government.
5 ORD NO. 35-12
Section 6. That Section 5.04, “Elections Generally”, Subsection (B), “Highes t Number of Votes to
Elect In First Nonpartisan Election”, Subsection (D), “If No Person Qualifies”, of the Charter of the City of
Delray Beach is hereby amended to read as follows:
Section 5.04. - ELECTIONS GENERALLY.
(B) Highest Number of Votes to Elect in First Nonpartisan Election . In a nonpartisan election, a
candidate for each of the seats on the ballot for the offices of Commissioners or for the
office of Mayor who receives the highest number of votes even if i t is not a majority of the
votes cast by all electors casting ballots for that office shall be declared to be elected;
provided, however, notwithstanding the foregoing provision, should two (2) or mor e
candidates tie for the highest number of votes from all electors casting ballots for that seat
for Commissioner or for the office of Mayor, then the candidates receiving the highest
number of votes shall be declared candidates for the second nonpartisan electi on.
(D) If No Person Qualifies or Assumes Office . If no person qualifies as a candidate for any
particular seat for the office of Commissioner or for the offic e of Mayor or assumes office ,
then those seat(s) shall be declared vacant and it shall be the duty of the members of the
Commission who are seated following the organizational meeting pr ovided for in Section
3.04 of this Charter, by majority vote to appoint a qualified person to fill the vacancy. The
member(s) appointed to fill a vacancy in the office of Commissi oner or the office of Mayor
shall serve as provided by Section 3.08 of this Charter.
Section 7. That Section 6.05, “Procedures for Filing”, subsection (A), “Certi ficate of City Clerk;
Amendment”, of the Charter of the City of Delray Beach is hereby amended to rea d as follows:
Section 6.05. - PROCEDURE FOR FILING.
(A) Certificate of City Clerk; Amendment . Within twenty (20) days after the initiative petition is
filed and five (5) days after a referendum petition is filed, t he City Clerk shall complete a
certificate as to its sufficiency. The certificate shall specify the any deficiencies and defects
and the City Clerk shall promptly send a copy of the certificate to the peti tioners' Committee
by Registered Certified mail. Grounds for insufficiency are only those specified in Sec tion
6.04. A petition certified insufficient for lack of the required numbe r of valid signatures may
be amended once if the petitioners' Committee files a notice of intention to amend it with the
City Clerk within two (2) days after receiving the copy of hi s or her certificate and files a
supplementary petition within ten (10) days after receiving the copy of such certificate.
Additional signatures may be gathered in this ten (10) day period in order to meet the
6 ORD NO. 35-12
minimum required number of electors. Such supplementary petition shall comply with the
requirements of subsections (B) and (C) of Section 6.04. Within f ive (5) days after it is filed
the City Clerk shall complete a certificate as to the suff iciency of the petition as amended
and promptly send a copy of such certificate to the petitioner s' Committee by Registered
Certified mail as in the case of an original petition.
Section 8 . The Charter amendment proposed by this ordinance shall be subm itted to the
electors of the City of Delray Beach at the regular electi on of March 12, 2013 and shall be deemed adopted
upon the favorable vote of a majority of the City electors voting at that time upon the following question:
QUESTION NO. ____
CHARTER AMENDMENT - CLARIFYING AND ENHANCING THE
“READABILITY” OF THE CHARTER.
AN AMENDMENT REVISING THE CITY OF DELRAY BEACH CHAR TER BY
CORRECTING GRAMMATICAL ERRORS, CLARIFYING CERTAIN PR OVISIONS,
AND MAKING THE CHARTER EASIER TO READ, AS PROVIDED I N
ORDINANCE NO. __-12.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES (for approval) ________
NO (against approval) ________
Section 9 . That upon approval of this ordinance by the majority of electors voting at the
election, all ordinances or parts of ordinances or Charter provisi ons or parts of Charter provisions in
conflict herewith shall be and the same are hereby repealed as of the ef fective date of this ordinance.
Section 10 . That if any clause, section or other part of this ordinance shall be declared
invalid or unconstitutional by a court of competent jurisdiction, the re mainder of this ordinance shall not be
affected thereby but shall remain in full force and effect.
Section 11 . That this ordinance shall become effective upon passage on sec ond and final
reading and in accordance with Section 8.
PASSED AND ADOPTED in regular session on second and final rea ding on this the _____
day of ___________________, 2012.
ATTEST: ______________________________________
7 ORD NO. 35-12
MAYOR
______________________________
City Clerk
First Reading_______________
Second Reading_____________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:September 25, 2012
SUBJECT:AGENDA ITEM 12.C. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
ORDINANCE NO. 36 -12
ITEM BEFORE COMMISSION
Adoption of Ordinance No. 36-12 regarding a proposed change to the Charter to ch ange the length of
term for a commissioner or mayor from two years to three years.
BACKGROUND
This proposed Ordinance would change the current te rm length for a Commissioner or Mayor from two
years to three years, but would not increase the nu mber of consecutive years a Commissioner or Mayor
may serve, which is six. The Ordinance also provid es that an election shall be held on the second
Tuesday in March of each year when the term of a Ma yor or Commissioner expires, and not each year.
This charter amendment would be placed on the ballo t for the March 2013 election and would be
effective upon passage at referendum.
RECOMMENDATION
Commission discretion.
ORDINANCE NO. 36-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AM ENDING
SECTION 3.02, “CITY COMMISSION: COMPOSITION, ELIGIBILITY ,
ELECTION, AND TERMS”; AMENDING SECTION 5.02, “TYPES OF
ELECTIONS”; TO PROVIDE FOR A CHANGE IN THE LENGTH O F A TERM
FROM A TWO YEAR TERM TO A THREE YEAR TERM, BUT NOT
EXTENDING THE MAXIMUM NUMBER OF CONSECUTIVE YEARS A
COMMISSIONER OR MAYOR IS ALLOWED TO SERVE; PROVIDIN G FOR A
REFERENDUM ON MARCH 12, 2013; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFF ECTIVE
DATE.
WHEREAS, the City Commission established a Charter Review Com mittee which sought input
from the Community as to potential Charter revisions; and
WHEREAS, the City Commission, after a review of the proposal , has decided to put the Question
set forth in this Ordinance to a vote of the electorate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIO N OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1 . That Section 3.02, “City Commission: Composition, Eligibility, Ele ction, and
Terms”, of the City Charter of the City of Delray Beach is hereby amende d to read as follows:
Section 3.02. - CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION,
AND TERMS.
(A) Composition and Term . The City Commission shall be composed of five (5)
Commissioners, one of whom shall be duly elected Mayor. All of them shall be elected at
large for a term of two (2) three (3) years in the manner provided in this Charter.
(B) Staggered Terms . Two (2) Commissioners shall be elected in even -numbered years, and two
(2) Commissioners shall be elected in odd -numbered years. The Mayor may be elected in an
even or odd -numbered year. Two (2) Commission seats with terms expiring in 2014 shall be
filled by election in 2014 and every three years thereafter. Tw o (2) Commission seats with
terms expiring in 2015 shall be filled by election in 2015 and ever y three years thereafter.
The Mayor’s term commencing in 2015 shall be filled by election i n 2015 and every three
years thereafter.
2 ORD NO. 36-12
(C) Length of Mayor's Term . If a special or regular election is held to fill a vacancy in the office
of Mayor, the duration of the Mayor's term of office will be for two (2) years commencing
on the last Thursday in March prior to the special election the remainder of the unexpired
term .
(D) Terms as a Result of a Vacancy . In the event of vacancies, successors shall be appointed or
elected in the manner provided in this Charter.
Section 2 . That Section 5.02, “Types of Elections”, of the City Charter of the City of Delray
Beach is hereby amended to read as follows:
Section 5.02. - TYPES OF ELECTIONS.
Elections to be held in the City shall all be conducted on a nonpa rtisan basis without regard
for or designation of political party affiliation.
(A) Date of Municipal Nonpartisan Election. Municipal n N onpartisan elections shall be held on
the second Tuesday in March of each year in which a term of the Mayor or Commissioner
expires .
(B) Ties . In case of a tie in the municipal nonpartisan election, a second nonpartisan election
shall be held.
(C) Special Election . All other municipal elections that may be held by authority o f this Charter,
or of any law, shall be known as special elections.
Section 3 . The Charter amendment proposed by this ordinance shall be submitted t o the electors
of the City of Delray Beach at the regular election of March 12, 2013 and shall be deemed adopted upon
the favorable vote of a majority of the City electors voting at that time upon t he following question:
QUESTION NO. ______
CHARTER AMENDMENT – COMMISSIONER/MAYOR TERM LENGTH
CURRENTLY, THE COMMISSION MEMBERS (INCLUDING THE MAY OR)
SERVE TWO-YEAR TERMS AND ARE LIMITED FROM HOLDING O FFICE FOR
MORE THAN SIX CONSECUTIVE YEARS. THE CHARTER AMENDM ENT
PROPOSES THE TERM LENGTHS BE CHANGED FROM TWO YEARS TO THREE
YEARS BUT STILL PROVIDE THAT THE COMMISSION MEMBERS
(INCLUDING THE MAYOR) ARE LIMITED FROM HOLDING OFFI CE FOR MORE
THAN SIX CONSECUTIVE YEARS.
3 ORD NO. 36-12
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL) _____
NO (AGAINST APPROVAL) _____
Section 4 . That upon the approval of this ordinance by the electors as set forth above, all
ordinances or parts of ordinances or Charter provisions or parts of Charter provisions in conflict herewith
shall be and the same are hereby repealed as of the effective date of thi s ordinance.
Section 5 . That if any clause, section or other part of this ordinance s hall be declared invalid or
unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected
thereby but shall remain in full force and effect.
Section 6 . That this ordinance shall become effective upon passage on second and final reading
and in accordance with Section 3 herein.
PASSED AND ADOPTED in regular session on second and final readi ng on this the _____ day of
___________________, 2012.
ATTEST: ______________________________________
MAYOR
______________________________
City Clerk
First Reading_______________
Second Reading_____________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:September 25, 2012
SUBJECT:AGENDA ITEM 12.D. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
ORDINANCE NO. 37 -12
ITEM BEFORE COMMISSION
Adoption of Ordinance 37-12 regarding a proposed change to the Charter to ch ange the number of votes
needed to remove the City Manager from 4 votes to 3 votes.
BACKGROUND
This proposed Ordinance would change the number of votes required to remove the City Manager from
four votes to just a majority vote, which is three. This charter amendment would be placed on the ball ot
for the March 2013 election and would be effective upon passage at referendum.
RECOMMENDATION
Commission discretion.
ORDINANCE NO. 37-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIO NS
BY AMENDING SECTION 4.02, “APPOINTMENT; REMOVAL;
COMPENSATION”, BY AMENDING SUBSECTION (B), “REMOVAL” ;
TO PROVIDE THAT THE REMOVAL OF THE CITY MANAGER
SHALL ONLY REQUIRE A MAJORITY VOTE; PROVIDING FOR A
REFERENDUM ON MARCH 12, 2013, PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDI NG
AN EFFECTIVE DATE.
WHEREAS, the City Commission established a Charter Review Committee which sought
input from the Community as to potential Charter revisions; and
WHEREAS, the City Commission, after a review of the proposa l, has decided to put the
Question set forth in this Ordinance to a vote of the electorate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY
OF DELRAY BEACH, FLORIDA:
Section 1 . That Section 4.02, “Appointment; Removal; Compensation”, by amending
Subsection (B), “Removal”.
Section 4.02. - APPOINTMENT; REMOVAL; COMPENSATION.
(B) Removal . The City Manager shall only be terminated by the City C ommission upon the
casting of four (4) affirmative votes a majority vote in favor of such termination. Said vote
shall not take place except at a public hearing which has been duly noticed seventy-two (72)
hours in advance of the meeting at which the vote takes place.
Section 2 . The Charter amendment proposed by this ordinance shall be submitted t o the electors
of the City of Delray Beach at the regular election of March 12, 2013 and shall be deemed adopted upon
the favorable vote of a majority of the City electors voting at that time upon t he following question:
QUESTION NO. ____
CHARTER AMENDMENT- CITY MANAGER REMOVAL
CURRENTLY THE CHARTER PROVIDES THAT THE CITY MANAGE R MAY
ONLY BE REMOVED UPON THE AFFIRMATIVE VOTE OF FOUR
COMMISSIONERS. THE CHARTER AMENDMENT PROPOSES TO CHANGE THE
REQUIREMENT FROM FOUR VOTES REQUIRED FOR REMOVAL TO A
MAJORITY OF THE COMMISSION (THREE VOTES) REQUIRED FOR R EMOVAL.
2 ORD NO.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL) ________
NO (AGAINST APPROVAL) ________
Section 3 . That upon the approval of this ordinance by the electors as set forth above, all
ordinances or parts or ordinances or Charter provisions or parts of Charter provisions in conflict herewith
shall be and the same are hereby repealed as of the effective date of thi s Ordinance.
Section 4 . That any clause, section or other part of this ordinance shall b e declared
invalid or unconstitutional by a court of competent jurisdiction, the re mainder of this ordinance shall not be
affected thereby but shall remain in full force and effect.
Section 5 . That this ordinance shall become effective upon its passage on second and
final reading and in accordance with Section 2 above.
PASSED AND ADOPTED in regular session on second and final rea ding on this the _____
day of ______________, 2012.
ATTEST: ______________________________________
MAYOR
______________________________
City Clerk
First Reading_______________
Second Reading_____________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:September 25, 2012
SUBJECT:AGENDA ITEM 12.E. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
ORDINANCE NO. 38 -12
ITEM BEFORE COMMISSION
Adoption of Ordinance 38-12 regarding a proposed change to the Charter to pr ovide that in the event of
a Commissioner assuming the office of Mayor, the ti me spent as a Commissioner shall not count toward
the six year maximum time limit as Mayor.
BACKGROUND
Under the current wording of the Charter if a Commi ssioner assumes the office of Mayor, the time spent
as a Commissioner shall count toward the six year m aximum limit for time in office. The proposed
Ordinance provides that if a Commissioner assumes t he office of Mayor the time spent as a
Commissioner would not count toward the six year ma ximum time limit and the person would be
allowed to hold the office of Mayor for six years. This Ordinance does not allow the Mayor to assume
the office of Commissioner and have the time spent as Mayor not count toward the six year maximum
time limit. This charter amendment would be placed on the ballot for the March 2013 election and
would be effective upon passage at referendum.
RECOMMENDATION
Commission discretion.
ORDINANCE NO. 38-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AM ENDING
SECTION 3.09, “TERM LIMITS”, SUBSECTION (A), “TERM LIMIT”; TO
PROVIDE THAT THE MAXIMUM TIME PERIOD ALLOWED TO HOL D
OFFICE, SIX YEARS, SHALL NOT APPLY IN THE CASE OF A
COMMISSIONER WHO ASSUMES THE OFFICE OF MAYOR, IN THA T CASE
THE TIME SPENT HOLDING OFFICE AS A COMMISSIONER SHA LL NOT
COUNT TOWARD THE SIX YEAR MAXIMUM TIME LIMIT; PROVI DING
FOR A REFERENDUM ON MARCH 12, 2013; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDI NG AN
EFFECTIVE DATE.
WHEREAS, the City Commission established a Charter Review Com mittee which sought input
from the Community as to potential Charter revisions; and
WHEREAS, the City Commission, after a review of the proposal , has decided to put the Question
set forth in this Ordinance to a vote of the electorate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIO N OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1 . That Section 3.09, “Term Limits”, Subsection (A), “Term Limit ”, of the City Charter
of the City of Delray Beach is hereby amended to read as follows:
Section 3.09. - TERM LIMITS.
(A) Term Limit . Individual Commissioners, including the Mayor, shall be prohibited from
holding office for more than six (6) consecutive years. However, i n the event a
Commissioner assumes the office of Mayor, the time that the Com missioner held office as a
Commissioner shall not count toward the maximum time allowed to hol d the office of
Mayor. The person assuming the office of Mayor will be al lowed to hold office for a
maximum of six consecutive years. This shall apply to any Comm issioner who has assumed
the office of Mayor on or after the March 2013 municipal election. This extension of term
limits does not apply in the case of the Mayor assuming the offic e of a Commissioner. The
term "holding office" shall be defined as serving as Commissi oner or Mayor. The term
"consecutive years" shall not include any years served as a res ult of an appointment.
Effective for those elected in March of the year 2003 and thereaft er, a Commissioner or
Mayor may complete the entire term to which they were ele cted, if a term limit is reached
during an elected term.
2 ORD NO. 38-12
Section 2 . The Charter amendment proposed by this ordinance shall be submitted t o the electors
of the City of Delray Beach at the regular election of March 12, 2013 and shall be deemed adopted upon
the favorable vote of a majority of the City electors voting at that time upon t he following question:
QUESTION NO. ______
CHARTER AMENDMENT – EXTENSION OF TERM LIMITS FOR A
COMMISSIONER WHO IS ELECTED MAYOR
CURRENTLY, THE COMMISSIONERS AND MAYOR CAN ONLY HOLD OFFICE
FOR A MAXIMUM CONTINUOUS PERIOD OF SIX YEARS. THE C HARTER
AMENDMENT PROPOSES THAT IF A COMMISSIONER IS ELECTE D MAYOR,
THEN THE TIME SPENT AS A COMMISSIONER SHALL NOT COU NT TOWARD
THE MAXIMUM TIME LIMIT AND THE PERSON COULD SERVE A S MAYOR
FOR A MAXIMUM PERIOD OF SIX YEARS. THIS EXTENSION W OULD NOT
APPLY IF THE MAYOR IS ELECTED OR APPOINTED TO THE O FFICE OF
COMMISSIONER.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL) _____
NO (AGAINST APPROVAL) _____
Section 3 . That upon the approval of this ordinance by the electors as set forth above, all
ordinances or parts of ordinances or Charter provisions or parts of Charter provisions in conflict herewith
shall be and the same are hereby repealed as of the effective date of thi s ordinance.
Section 4 . That if any clause, section or other part of this ordinance s hall be declared invalid or
unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected
thereby but shall remain in full force and effect.
Section 5 . That this ordinance shall become effective upon passage on second and final reading
and in accordance with Section 2 herein.
PASSED AND ADOPTED in regular session on second and final readi ng on this the _____ day of
___________________, 2012.
ATTEST: ______________________________________
MAYOR
______________________________
City Clerk
3 ORD NO. 38-12
First Reading_______________
Second Reading_____________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:September 25, 2012
SUBJECT:AGENDA ITEM 12.F. - REGULAR COMMISSION MEETING OF OCTOBER 2, 2012
ORDINANCE NO. 39 -12
ITEM BEFORE COMMISSION
Adoption of Ordinance 39-12 regarding a proposed change to the Charter to re move the language from
the Charter that prevents the City Manager’s salary from being reduced.
BACKGROUND
Currently the Charter provides that the City Manage r’s salary may not be reduced during his/her
employment. This proposed Ordinance would remove th at prohibition from the Charter. This Charter
amendment would be placed on the ballot for the Mar ch 2013 election and would be effective upon
passage at referendum.
RECOMMENDATION
Commission discretion.
ORDINANCE NO. 39-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIO NS
BY AMENDING SECTION 4.02, “APPOINTMENT; REMOVAL;
COMPENSATION”, BY AMENDING SUBSECTION (D),
“COMPENSATION”; TO PROVIDE FOR THE REMOVAL OF THE
CHARTER PROHIBITION ON REDUCING THE CITY MANAGER’S
SALARY; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013,
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission established a Charter Review Committee which sought
input from the Community as to potential Charter revisions; and
WHEREAS, the City Commission, after a review of the proposa l, has decided to put the
Question set forth in this Ordinance to a vote of the electorate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY
OF DELRAY BEACH, FLORIDA:
Section 1 . That Section 4.02, “Appointment; Removal; Compensation”, by amending
Subsection (D), “Compensation”.
Section 4.02. - APPOINTMENT; REMOVAL; COMPENSATION.
(D) Compensation . The compensation of the Manager shall be fixed by the Commis sion and
shall not be reduced during this appointment .
Section 2 . The Charter amendment proposed by this ordinance shall be submitted t o the electors
of the City of Delray Beach at the regular election of March 12, 2013 and shall be deemed adopted upon
the favorable vote of a majority of the City electors voting at that time upon t he following question:
QUESTION NO. ____
CHARTER AMENDMENT- CITY MANAGER COMPENSATION
CURRENTLY THE CHARTER PROVIDES THAT THE CITY MANAGE R’S
SALARY MAY NOT BE REDUCED. THE CHARTER AMENDMENT PR OPOSES
TO REMOVE THE LANGUAGE FROM THE CHARTER THAT THE CI TY
MANAGER’S SALARY MAY NOT BE REDUCED.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
2 ORD NO. 39-12
YES (FOR APPROVAL) ________
NO (AGAINST APPROVAL) ________
Section 3 . That upon the approval of this ordinance by the electors as set forth above, all
ordinances or parts or ordinances or Charter provisions or parts of Charter provisions in conflict herewith
shall be and the same are hereby repealed as of the effective date of thi s Ordinance.
Section 4 . That any clause, section or other part of this ordinance shall b e declared
invalid or unconstitutional by a court of competent jurisdiction, the re mainder of this ordinance shall not be
affected thereby but shall remain in full force and effect.
Section 5 . That this ordinance shall become effective upon its passage on second and
final reading and in accordance with Section 2 above.
PASSED AND ADOPTED in regular session on second and final rea ding on this the _____
day of ______________, 2012.
ATTEST: ______________________________________
MAYOR
______________________________
City Clerk
First Reading_______________
Second Reading_____________