09-20-12 Regular Meeting MinutesSEPTEMBER 20, 2012
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers
at City Hall at 6:00 p.m., Thursday, September 20, 2012.
1. Roll call showed:
Present - Commissioner Thomas F. Carney, Jr.
Commissioner Alson Jacquet
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Linda Mobley with Cason
United Methodist Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mr. Carney requested that Item 8.F., Bid Award/Randolph & Dewdnev
Construction, Inc. and Item 8.F.1., Change Order No. 1 /Randolph & Dewdnev
Construction, Inc. be removed from the Consent Agenda and moved to the Regular
Agenda as Item 9.A.A.
Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel —
Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed
with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mrs. Gray moved to approve the Minutes of the Regular Meeting of
September 20, 2012, seconded by Mr. Carney. Upon roll call the Commission voted as
follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney —
Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
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6.
PROCLAMATIONS:
6.A. Recognizing and Commending Lillie Bell Evans
Mayor McDuffie read and presented a proclamation recognizing and
commending Lillie Bell Evans on a very Happy 100th Birthday. Lillie Bell Evans
accepted and proclamation.
6.B. National Sickle Cell Awareness Month — September 2012
Mayor McDuffie read and presented a proclamation hereby proclaiming
the month of September 2012 as National Sickle Cell Awareness Month. Frank Hayden
came forward to accept the proclamation and gave a few brief comments.
6.C. National Plug In Day — September 23, 2012
Mayor McDuffie read and presented a proclamation hereby proclaiming
September 23, 2012 as National Plug In Day. Scott Aronson, Parking Management
Specialist, came forward to accept the proclamation and gave a few brief comments.
Charles Ralen also came forward and gave a few brief comments.
Mayor McDuffie complimented Rich Reade, Sustainability Officer, for his
efforts of "greening" Delray Beach.
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. REQUEST FOR A SIDEWALK DEFERRAL /1604 NORTH
SWINTON AVENUE: Approve an agreement to defer installing a sidewalk along N.W.
16th Street for the property located at 1604 North Swinton Avenue.
8.B. REQUEST FOR A SIDEWALK DEFERRAL /910 & 920 N.W. lsr
AVENUE: Approve an agreement to defer installing a sidewalk in front of 910 and 920
N.W. 1st Avenue.
8.C. CONTRACT CLOSEOUT [CHANGE ORDER NO. 2MNALI/
INTERCOUNTY ENGINEERING, INC.: Approve Contract Closeout (C.O. No.
2/Final) to Intercounty Engineering, Inc. in the amount of a $53,535.19 decrease and final
payment in the amount of $3,971.68 for completion of the S.W. 10th Avenue Water Main
Project. Funding is available from 442 - 5178 - 536 -68.76 (Water and Sewer Renewal &
Replacement Fund: Improvements Other /S.W. 10th Avenue Water Main).
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8.D. REQUEST FOR PROPOSALS (RFP)/ CONSTRUCTION AND
ENGINEERING INSPECTION SERVICES (CED/FEDERAL HIGHWAY
BEAUTIFICATION PROJECT: Approve the Selection Committee's ranking
of responses for RFP4 2012 -32 for Construction and Engineering Inspection Services
(CEI) for the Federal Highway Beautification Project; and authorizing staff to enter into
contract negotiations with the top ranked firm, R.J. Behar & Company.
8.E. CONTRACT CLOSEOUT (CHANGE ORDER NO.
4/FINAL)/BRANG CONSTRUCTION, INC.: Approve Contract Closeout (C.O. No.
4 /Final) to Brang Construction, Inc. in the amount of a $13,662.72 decrease and final
payment in the amount of $21,233.18 for completion of the ARRA Bus Shelters Project.
Funding is available from 101 - 3163 -544 -65.70 (ARRA Economic Stimulus Fund: Other
Improvements/Transit Stop Bus Shelters).
8.G. INTERLOCAL AGREEMENT FOR HAZARDOUS MATERIALS
EMERGENCY RESPONSE SERVICESIPALM BEACH COUNTY: Approve
Interlocal Agreement for Hazardous Materials Emergency Response Services with Palm
Beach County for funding of hazardous materials emergency response services.
8.11. GRANT APPLICATION TO FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)/ VETERANS PARK
PLAYGROUND: Authorize staff to submit a grant application to the Florida State
Department of Environmental Protection's Recreation Development Assistance Program
for funding in the amount of $138,500.00 to replace playground equipment for Veterans
Park.
8„_„I. GRANT APPLICATION TO FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)/POMPEY PARK
POOL: Authorize staff to submit a grant application to the Florida State Department of
Environmental Protection's Recreation Development Assistance Program for funding in
the amount of $178,350.00 to redesign the wading pool at Pompey Park Pool located at
1101 N.W. 2nd Street.
8.J. RENEWAL OF POLICE AND FIRE COMMUNICATIONS
AGREEMENT/TOWN OF GULF STREAM: Approve renewal of the Police and Fire
Communications Agreement between the City and the Town of Gulf Stream for police
and fire dispatching and communications services with a termination date of September
30, 2017.
8.K. TRAFFIC ENFORCEMENT AGREEMENTITHE SENECA GROUP
HOMEOWNERS ASSOCIATION: Approve a Traffic Enforcement Agreement with
The Seneca Group to allow the City of Delray Beach Police Department to enforce State
and local traffic laws on the private roads of The Seneca Group.
S.L. REVISION TO THE COMMISSION RULES OF PROCEDURES/
SCHEDULE FOR PUBLIC COMMENTS AT COMMISSION
MEETINGS: Approve a revision to the Commission Rules of Procedures to provide
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that public comments on non - agenda items shall begin after approval of the consent
agenda and if not concluded by 7:00 p.m., shall terminate and resume after the public
hearing portion of the agenda.
8.M. RESOLUTION NO. 50 -12: Approve Resolution No. 50 -12 which
amends Resolution No. 6 -08 and adopts updated Cemetery Rules and Regulations and
Fees.
The caption of Resolution No. 50 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
RESOLUTION NO. 06 -08 AND APPROVING THE
ATTACHED UPDATED RULES, REGULATIONS AND
FEES FOR THE DELRAY BEACH MEMORIAL
GARDENS MUNICIPAL CEMETERY.
(The official copy of Resolution No. 50 -12 is on file in the City Clerk's
office.)
8.N. APPOINTMENT TO WORKFORCE ALLIANCE, INC. BOARD OF
DIRECTORS: Appoint an individual to serve as a representative from the Delray
Beach private sector to the Workforce Alliance Inc. Board of Directors.
8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period September 3, 2012 through September 14, 2012.
8.P. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Intercounty Engineering, Inc. in the amount of
$56,384.00 for the construction of a drainage improvement
project on Lowry Street on the barrier island. Funding is available
from 448 - 5461 -538 -63.90 (Storm Water Utility Fund:
Improvements Other /Other Improvements).
Mr. Frankel moved to approve the Consent Agenda as amended, seconded
by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion
passed with a 5 to 0 vote.
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9. REGULAR AGENDA:
9.A.A. SID AWARD/RANDOLPH & DEWDNEY CONSTRUCTION,
INC.: Approve a bid award to Randolph & Dewdney Construction, Inc. in the amount of
$618,600.00 for modifications to Fire Station No. 1. Funding is available from 118 -1962-
554- 62.89 (Neighborhood Services: Capital Outlay /Fire Station No. 1) and 118 -1962-
554- 64.90 (Neighborhood Services: Capital Outlay /Other Machinery/Equipment).
Richard Hasko, Director of Environmental Services, stated this item is a
request and a recommendation for a bid award to Randolph & Dewdney Construction,
Inc. in the amount of $618,600.00 for the disaster recovery initiative work which Fire
Station No. 1 is the subject. Mr. Hasko stated it involves the replacement and upgrade of
the standby generator at Fire Headquarters which will provide backup power for the
entire facility rather than just bits and pieces. He stated it also includes the flat roof over
the fire bays and the primary purpose of it is for replacement of 49 windows with impact
resistant glass as well as 8 or 10 doors. Mr. Hasko stated these bids were done in
accordance with not only the City's requirements but also State and Federal requirements
for documentation. He stated at the pre -bid meeting that was held for this project those
requirements were explained clearly to the bidders. Mr. Hasko stated when staff received
the bids and reviewed them they found that the first three bidders DiPompeo
Construction, Coastal Contracting, and Stuart and Shelby Development did not submit
any of the required Federal forms and as a result their bids were considered non-
responsive which made Randolph and Dewdney the lowest responsive bidder.
Mr. Carney asked if the document that was omitted by these three entities
DiPompeo Construction, Coastal Contracting, and Stuart and Shelby Development was a
supplementary document or is it critical to actually determining whether or not one is
qualified to do the job. Mr. Hasko stated they were required documents because of the
State and Federal funding. Mr. Carney asked if these forms were subsequently
submitted. Mr. Hasko stated they were never submitted and it would not have mattered
after the fact if they were submitted because the cut -off is the bid opening and time and
date. Mr. Carney asked if there was an attempt afterwards to submit any of this
information which is important to have in the bid but not critical in determining whether
or not one is selected or qualified. Mr. Hasko stated this is a requirement.
After brief discussion, Mr. Hasko stated staff is recommending based on
the total.
Mrs. Gray asked for clarification. Mr. Hasko stated we have four
companies; the first three were non - responsive.
Mr. Jacquet moved to approve Item 9.A.A. (formerly Item 8.F.),
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor
McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray -
Yes. Said motion passed with a 5 to 0 vote.
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9.A.A.A. CHANGE ORDER NO. 1/RANDOLPH & DEWDNEY
CONSTRUCTION, INC.: Approve Change Order No. 1 to Randolph & Dewdney
Construction, Inc. to decrease the undefined collections allowance thereby reducing the
contract amount to $613,347.00 for modifications to Fire Station No. 1. Funding is
available from 118 -1962- 554 -62.89 (Neighborhood Services: Capital Outlay/Fire Station
No. 1) and 118 - 1962 - 554 -64.90 (Neighborhood Services:. Capital Outlay /Other
Machinery /Equipment).
Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.F.1.),
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney —
Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie -- Yes.
Said motion passed with a 5 to 0 vote.
9.A. ADOPTION OF THE SOUTH FEDERAL HIGHWAY
REDEVELOPMENT PLAN: Consider adoption of the "South Federal Highway
Redevelopment Plan ", which covers the commercial properties on both sides of South
Federal Highway between Linton Boulevard on the north and the city limits to the
south.
Ron Hoggard, AICP, Principal Planner, stated in addition to two minor
Future Land Use Map amendments and six rezonings there are a number of land
development regulation text amendments that are aimed at both increasing redevelopment
flexibility and addressing compatibility issues with the residential development to the
east. Mr. Hoggard stated they include all of AC (Automotive Commercial) zoned
properties in the area and will allow the alternative development under the PC (Planned
Commercial) zoning regulations; mixed -use residential/commercial development will be
encouraged; conditional uses for free - standing multiple family will not be permitted
within the Overlay; individual tenants on the east side of Federal Highway will be limited
to a maximum of 50,000 square feet; a special landscape setback along South Federal
Highway will be eliminated where new development seems to seeks to create an urban
edge and move the buildings up to the street and if parking is immediately adjacent they
would have to meet the special landscape setback; facade and exterior walls are designed
to include projections and recessions and to reduce scale and create uniform appearance
to the buildings; parking areas should be distributed around the large buildings and the
shopping centers to balance the parking. He stated on the east side of Federal Highway
special setbacks for building offsets in the rear to reduce the scale of the building that are
required based on the width of the building; machinery, service areas, and trash collection
must be screened from the adjacent properties; special buffers are required on the east
side of South Federal Highway when it is adjacent to the residential district and is when
it is adjacent to the residential district and they are generally 25 feet in depth and can
either include a wall if it is immediately adjacent to a street or no wall with 25 feet in
landscaping if it is adjacent to residential property. Mr. Hoggard stated that buffer
includes double rows of shade trees and they increase the size of the trees at the time of
planning to be 18 feet and an 8 foot spread. He stated street access should be from South
Federal Highway and have vehicular access to the rear of the commercial properties on
the east side of South Federal Highway and all the service operations on the rear of the
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property cannot occur between 7:00 a.m. — 7:00 p.m. on the east side of Federal
Highway.
Mr. Hoggard stated the Planning and Zoning Board reviewed it and staff
accommodated all their recommendations with the exception of the Ralph Buick
property. Staff recommends that the Ralph Buick be rezoned from AC to PC.
Mr. Carney stated there has been a lot of discussion about the southeast
corner of Linton Boulevard and Federal Highway and noted that in places it is listed as
one thing and in another it is listed as POC (Planned Office Center) or SAD (Special
Activities District). Mr. Hoggard stated it would either stay POC which is what it is now
or it can be rezoned to an SAD. Mr. Hoggard stated this is a permitted redevelopment
classification under an SAD not the original PC.
Mr. Jacquet asked what the demand is for automotive now. Mr. Haggard
stated automotive seems to be coming back some and there are still quite a bit of
automotive property that is vacant that the large dealerships on the west side already cut
out of their property that are still sitting there now that are available for redevelopment if
another automotive use wanted to come in there. Mr. Hoggard stated the original intent
for doing a plan here because the automotive industry went so far down that staff was
concerned about what would happen if it tanks completely and the City is left with all this
automotive property on South Federal Highway. Mr. Hoggard stated staff feels there is
enough automotive commercial; almost the entire corridor on the west side is automotive
commercial plus there is Kia and Mazda on the east side and Ralph Buick property and
some minor small ones.
Mr. Jacquet asked what the status is regarding the discussion about stand-
alone residential. Mr. Hoggard stated this should be a commercial corridor and the City
does not want any more free - standing residential development in the commercial corridor
immediately on Federal Highway.
Mrs. Gray stated she is favor of staff s recommendation.
Mr. Frankel stated he was driving down Federal Highway today and
noticed a lot of the vacant properties north of this have "sold" signs. Mr. Frankel
inquired about the maximum tenant size of 30,000 versus 50,000 square feet. He stated
there were a lot of objections to the 50,000 size. Mr. Hoggard stated the residents have
30,000 in their mind and staff s argument is that really the issue is more of a mass issue
and has to do with the size of the building. Mr. Hoggard stated staff looked at different
developments and shopping center type tenants and there are still a lot of them that are up
to 50,000 square feet and staff wants to have as much flexibility as possible for some of
the anchors on some of the larger parcels. Mr. Hoggard noted that the Planning and
Zoning Board agreed with staff. Mr. Frankel supports staff's recommendations.
this done.
Mayor McDuffie thanked Mr. Hoggard and everyone's efforts in getting
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Mrs. Gray moved to adopt the South Federal Highway Redevelopment
Plan, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr.
Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney
— Yes. Said motion passed with a 5 to 0 vote.
93. FIFTH AMENDMENT TO THE SOLID WASTE AND
RECYCLING COLLECTION FRANCHISE AGREEMENT/WASTE
MANAGEMENT, INC. OF FLORIDA: Consider approval of the Fifth Amendment to
the Solid Waste and Recycling Collection Franchise Agreement with Waste
Management, Inc. of Florida.
The City Attorney stated based on the Commission's direction to go ahead
and amend the Franchise Agreement with Waste Management staff has brought forth this
amendment. The term would be for 8 years which would also have renewable five (5)
year terms upon the approval of both parties. The City Attorney stated Waste
Management would furnish the city with 125 of the Big Belly Solar- powered Compactors
within certain time periods; Waste Management will also be servicing the bus shelters
without any collection charge to the city; if Waste Management changes to a CNG fleet
the City will modify the Fuel Surcharge Table.
Mr. Frankel shared information he received from Gerry Franciosa today.
Mr. Jacquet asked for clarification regarding the diesel fuel price and CNG
(Compressed Natural Gas) fuel surcharge. The City Manager stated CNG is Compressed
Natural Gas and is cheaper than diesel fuel.
Mr. Frankel moved to approve the Fifth Amendment to the Solid Waste
and Recycling Collection Franchise Agreement with Waste Management, Inc. of Florida,
seconded by Mrs. Gray. Upon roil call the Commission voted as follows: Mr. Frankel —
Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — No; Mr. Jacquet — No.
Said motion passed with a 3 to 2 vote, Commissioner Carney and Commissioner Jacquet
dissenting.
9.1C. CHARTER REVIEW COMMITTEE FINAL REPORT: Provide
direction on proposed changes to the City's charter as recommended by the Charter
Review Committee.
The City Attorney stated this came before the Commission at the
Workshop meeting and following that discussion staff was recommended to bring this in
front of the Commission to get direction to see if they want staff to bring five (5)
potential ordinances for first reading in the very near future.
Mr. Carney stated he has received a lot of emails on this issue commenting
on what the Commission does in going forward and which recommendations it should or
should not make in going forward. Mr. Carney stated he would like to hear some public
comment on this and hear what some of the public have to say.
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Mr. Frankel asked if the public be afforded that opportunity when they
came before the Commission for an ordinance reading.
Mr. Carney stated if Mr. Frankel is saying that all five (5) ordinances are
going to go to first and second reading then yes; but, if all five ordinances are not, then he
thinks the public and the Blue Ribbon Panel the Commission appointed should have the
opportunity to say why they think all five (5) ordinances should at least be moved
forward to the next stage.
Mr. Frankel stated he believes the opportunity should be given but at the
appropriate time and feels that all five (5) ordinances should be brought forward. He
stated people who are complaining that they are not able to comment find a way to email
the Commission daily, have their phone numbers, and know where to find the
Commission. Therefore, Mr. Frankel stated there is ample opportunity for the public,
including when they come before the Commission in ordinance form, to be allowed to do
that.
Mrs. Gray moved to have all five (5) proposed ordinances move forward
as a First Reading (no advertisement) and a public hearing on both first and second
reading, seconded by Mr. Frankel.
Mr. Jacquet stated the public deserves the opportunity to speak on this.
However, Mr. Jacquet stated he feels there has been ample opportunity to voice concerns
about these five (5) changes in the Charter. He stated with having heard from some
people in the community, having had this brought to the Commission by the Blue Ribbon
Committee and the Commission had extensive dialogue on each one of the changes; and
it was unanimous on all Commissioners that were present that one of those changes none
of the Commission was in support of. Mr. Jacquet stated the Commission made this very
clear and the reasons why. Mr. Jacquet stated it appeared to him to be unanimous giving
direction to staff that the Commission wanted to move forward with four (4) of the
ordinances and one of them the Commission was not in support of for the Commission to
reopen it now he does not understand the process. Mr. Jacquet suggested that the
Commission not to open the one change that they were against to any further discussion
but the other four changes that the Commission wanted to go forward with then it is open
to the public.
Brief discussion between Commissioner Carney and Conuuissioner
Jacquet followed.
Mayor McDuffie stated if this is going to be done as a public hearing he
would like to see this as a regular public hearing and move all five (5) of the proposed
ordinances forward.
Mrs. Gray stated she understood it to be the way Commissioner Jacquet
understood it to be. Mrs. Gray stated we should allow the public to speak on them but the
direction at the Workshop meeting was not to consider Item #3. Mrs. Gray stated she is
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open to listen to the public not only that item but she would like to discuss one of the
other items as well.
Brief discussion by the Commission ensued about whether to hold one of
two public hearings on the ordinances.
Mayor McDuffie stated he had concurred with Commissioner Jacquet;
however, in the interest of transparency tonight he supports moving forward with all five
(5) ordinances and going through the regular process that they would all go through
where it gets open to the public and everyone gets to speak. Mayor McDuffie stated if
the Commission decides to do this as a public hearing he would like to move this ahead
as a regular public hearing and move all five (5) ordinances.
After brief discussion, the City Attorney suggested that the Commission
follow the general format which is to have first reading and it is not open to the public
and second reading it is open to the public. The City Attorney stated if the Commission
wishes to open first reading up to the public as a consensus they can do that or they can
direct staff now to put this on at 7:00 p.m. and state that it is going to be a public hearing
on first reading.
Prior to the vote, the City Attorney clarified for First Reading there will
not be advertisement.
Mayor MCDuffte stated the Commission has agreed to the fact to open all
of this to the public but the question is now procedurally what is the most streamlined
way to get that done.
Mr. Jacquet stated if there is going to be open discussion on first reading
and we do not have notice go out this would be unfair because he feels only a small group
of people will come out on first reading because they will not be aware of it.
The City Manager stated staff would notice this in normal ways but not do
the legal notice that is required in the newspaper.
Mayor McDuffie stated we have rules for a reason and it needs to follow
our order and needs to go through the readings that it needs to go through. Mayor
McDuffie stated this has been on a Workshop meeting and it is going to go to a regular
public hearing on second reading. Mayor MCDuffie stated this is adequate.
Mr. Carney moved to have all five (5) proposed ordinances move forward
and recommends that there is a public hearing on both first and second readings,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray —
No; Mayor McDuffie -- No; Mr. Carney — Yes; Mr. Jacquet — No; Mr. Frankel — Yes.
Said motion was DENIED with a 3 to 2 vote, Commissioner Carney and Commissioner
Frankel dissenting.
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For clarification for the record, the Commission reiterated to move
forward on all five (5) of the proposed ordinances and that it follows the normal
procedure that there be no public comment on first reading but that it be opened up for
public comments on second reading and that it be held at 7:00 p.m.
At this point, the time being 7:07 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. RESOLUTION NO. 47 -12 (FINAL MILLAGE LEVY): A
resolution levying a tax on all properties within the City of Delray Beach for operation
and maintenance and for payment of principal and interest on bonded indebtedness for
FY 2013.
The caption of Resolution No. 47 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL
PROPERTIES WITHIN THE CITY OF DELRAY
BEACH, FLORIDA, FOR MAINTENANCE AND
OPERATION, AND TO 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. 47 -12 is on file in the City Clerk's
office.)
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 the taxing authority is the City of Delray Beach
and the proposed operating millage is 7.1992 which is greater than the rolled back
millage of 7.1805 by .26 %.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 47 -12,
the public hearing is closed.
Mr. Frankel stated staff and fellow Commissioners did a great job.
However, Mr. Frankel stated he had the honor for the second year to host the S.P.I.R.I.T.
Banquet and stated while there was more in attendance this year compared to last year
there were many people not in attendance who are great employees of the city. He
expressed concern as to why some employees did not attend.
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The City Manager stated the total millage stayed the same and the
operating millage went up slightly and the debt service went down slightly but the
combined millage rate is the same.
Mr. Frankel moved to approve Resolution No. 47 -12 (Final Millage
Levy), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor
McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray —
Yes. Said motion passed with a 5 to 0 vote.
10.B. RESOLUTION NO. 48 -12 (MILLAGE LEVY/DDA): A resolution
levying a tax on all properties within the Downtown Development Authority Taxing
District of the City of Delray Beach for FY 2013.
The caption of Resolution No. 48 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO LEVY 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. 48 -12 is on file in the City Clerk's
office.)
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 the millage rate for the Downtown Development
Authority (DDA) Taxing District is 1.00 which is more than the rolled back rate of
0.9848 by 1.54 %.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 48 -12,
the public hearing is closed.
Mr. Jacquet asked for clarification regarding the DDA millage and
whether this millage went up from last year. The City Manager stated the DDA millage
rate is set at 1.0000 by Statute and only under certain circumstances does it change.
Mr. Frankel moved to approve Resolution No. 48 -12, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet
— Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed
with a 5 to 0 vote.
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10.C. RESOLUTION NO. 49 -12 (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. 49 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, MAKING
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. 49 -12 is on file in the City Clerk's
office.)
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 Manager stated the final budget numbers are $96,057,090 in
revenue and expenses and that includes $1,600,000 in cash balances brought forward
from prior years.
Mayor McDuffie declared the public hearing open.
Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, suggested
increasing the hours of parking meter usage on the beach from 8:00 p.m. to 12:00 am. or
later only on the east side of A -1 -A to raise revenue for the City of Delray Beach. Mrs.
Finst stated those 4 hours more of meter usage would increase the revenue in the
following manner: 4 hours added meter payment at $1.50 per hour multiplies to $6.00
additional revenue hours and dollars per meter per evening; $6.00 x 200 meters = an
additional $1,200 per evening; $1,200 x 2 weekend nights = $2,400 per weekend x 52
weeks = $124,800 for two weekend nights. She stated using 201 spaces the money
earned actually comes out to $125,424. Mrs. Finst stated she is using weekends as an
example because there are no parking spaces available on weekends but noted that it
could be extended to seven days a week.
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Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive
Unit "C ", Delray Beach, FL 33483, stated he has attended all the meetings and all the
workshops and read a statement into the record of a few of his observations.
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 he would like to see all city employees get a
5% pay raise somewhere in the near future. Dr. Kirson thanked the Commission for no
millage increase and no tax and commended them for doing a great job.
Mr. Carney inquired about the comment made by the City Manager that he
found an extra $33,000 from the conversion of a fire- rescue employee from one status to
another. Mr. Carney stated by doing that don't we take that person out of the line of
being able to access a fireman if necessary. The City Manager stated Mr. Carney is
correct and commented how often does the City use those inspectors as firefighters. The
City Manager stated they are available if needed. The City Manager stated West Palm
Beach has a mix of civilian and sworn and suggested that Delray Beach look into a mix
as well. The City Manager stated by being qualified firefighters they are available but
how often are they used and is that something you can afford to continue. The City
Manager stated he does not believe so because between the salary and the pension you
are spending $130,0004140,000 per person to staff it the way it is currently staffed.
Mrs. Gray stated the pool at Delray Swim and Tennis Center is something
she still wants to consider. She stated the pool is costing the City approximately
$83,000/$84,000 for a pool that we do not utilize. Mrs. Gray stated this $83,000/$84,000
can go towards some salaries that one of the residents was commenting on. She stated
the City could sell it back or let the condominium association there that is using it
privately fund that. Mrs. Gray commented about the City getting revenue from our sport
venues and stated she would like to see contracts actually come back to the Commission
so they can make the decision instead of the contracts going to the department head or
Parks and Recreation. She stated the City needs to bring someone in to do a study
because all the City's venues are valuable and if we are going to allow a private entity to
use them then they need to pay. Mrs. Gray stated she believes that our parks and pools
were built for our residents and not for private entities. Mrs. Gray expressed concern
over the City of Delray Beach giving away all of our space that was designed for our
residents. The City Manager stated this is being worked on and noted that the budgetary
impact is minor. Mrs. Gray reiterated that she supports taking the Delray Swim and
Tennis Pool out of the budget because it is underutilized.
Mr. Jacquet stated when Mrs. Gray brought this up in a Workshop he
asked the individual who is in charge of our facilities and he got a response in the
affirmative that they did not feel enough people from the community went there. Mr.
Jacquet supports closing the pool because there is a large enough sum of money that the
City could bring back or keep. He stated if this public pool is privately used by the
community then he supports selling it to the people who own and operate those buildings.
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Mr. Jacquet stated if we could potentially sell it back and if the pool is underutilized then
we might as well do something with it to make sure that we do not continue throwing
money away.
The City Manager stated staff has identified the pool before as something
we could close. He stated when staff starts prioritizing things it is one that could be
closed. The City Manager stated he disagrees with the assertion that it is privately used
because there are a good number of swim lessons taught there; however, compared to the
Pompey Park Pool, it is not used nearly as much.
Mr. Jacquet inquired about the Aqua Crest Pool. The City Manager stated
the City is working with the County on the Aqua Crest Pool.
Mayor McDuff e stated the Aqua Crest Pool is one of the lowest
performing pools and one of the reasons the County is willing to work with the City is
because it does not return 85% of the cost; it only returns about 15% of the cost.
The City Manager stated selling the pool is a bit problematic because it
does not have separate restrooms.
The City Manager stated he can work out the fire position within the
budget but the Commission needs to decide whether or not to close the pool.
Brief discussion by the Commission continued.
Mr. Carney moved to approve Resolution No. 49 -12 with the caveat to
close the Delray Swim and Tennis Pool, seconded by Mr. Jacquet. Upon roll call the
Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — No; Mrs. Gray — Yes;
Mayor McDuffie — No; Mr. Carney — Yes. Said motion passed with a 3 to 2 vote,
Commissioner Frankel and Mayor McDuffie dissenting.
10.C.1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN:
Accept the Planning and Zoning Board's finding that the proposed Five Year Capital
Improvement Plan for FY 2012 -13 through FY 2016 -17 and FY 2013 Capital
Improvement Budget are consistent with the Comprehensive Plan.
The City Manager stated this has been reviewed by the Planning and
Zoning Board and they found that it is consistent with the Comprehensive Plan. Staff
recommends approval.
Mrs. Gray moved to approve the Capital Improvement Plan, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs.
Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion
passed with a 5 to 0 vote.
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10.D. 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.
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.)
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 read the caption of the ordinance and stated there has
been a minor change in the ordinance from first reading. The City Attorney stated staff
added language to Section 35.089(2) that also provided for the Sustainability
Officer/Public Information Officer to be included in this change as well.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 28 -12,
the public hearing was closed.
Mr. Jacquet asked if this saves the City money. The City Manager stated
it does not save money; however, if all the employees eligible were to buy into the plan it
would be an additional cost of $7,516 per year. The City Manager stated it gives the City
a good tool going forward to help them in recruiting employees at the department head
level and above because those are "at will employees ". He stated they could come in
under the Deferred Compensation Plan and then buy into the Pension Plan later if they
see they are going to be with the City long enough to be vested.
Mr. Jacquet asked what the intent was behind the original decision and
why they were not included to begin with. The City Manager stated an employee has to
be employed ten (10) years to be fully vested in the pension plan. The City Manager
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stated some employees may come in with the idea that they do not intend to stay that long
and they have the option of having the city contribute to a Deferred Compensation Plan
instead of going into the Pension Plan. The City Manager stated in 2004 the City opened
it up and allowed anyone who wished to within a ninety (90) day window to buy into the
plan and many senior employees did at time but some did not and some have joined the
City since then.
Brief discussion between Commissioner Jacquet and the City Manager
continued.
Mr. Jacquet commented about the position being added not being a
department head position. The City Manager stated this employee was a contract
employee and when he changed from a contractor to a regular employee the City
neglected to put him in the Pension Plan which should have been done at that time which
was approximately three years ago.
Mr. Carney stated asked if the time that the employee becomes vested
after that time they should not be able to. Mr. Carney inquired about whether or not the
next City Manager will be able to opt into this program depending on what his contract
says. Mr. Carney stated we should make sure that once an employee has the opportunity
to vest that is when they have to make the election and not wait until the end and if they
stay long in they opt in and if they don't then they can move on.
Brief discussion by the Commission followed.
Mr. Jacquet asked why the City decided to make this irrevocable. The
City Manager stated you do not want people to move back and forth; once they decide to
go into the plan they have to stay in the because the City and the employee has put money
into it and you do not want them to go back to the Deferred Compensation Plan.
Mr. Frankel moved to adopt Ordinance No. 28 -12 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs.
Gray — Yes; Mayor McDuffe — Yes; Mr. Carney — Yes; Mr. Jacquet — No; Mr. Frankel —
Yes. Said motion passed with a 4 to 1 vote, Commissioner Jacquet dissenting.
10.E. 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 and commercial collection
service rates for FY 2013.
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
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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. 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.
Lisa Hartman, Utility Billing Manager, stated this is amending the garbage
ordinance to increase the garbage rates by approximately 3.7% based upon the fact that
the rates the City is paying Waste Management are increasing October 1, 2012. Mrs.
Hartman stated this is due to the price increases with the diesel fuel and the cost of living
adjustment.
Mayor McDuffie declared the public hearing open.
Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive
Unit "C ", Delray Beach, FL 33483, stated he emailed the Commission regarding the
trash cans and he has had experience dealing in Washington, D.C. with the Big Belly
Solar powered trash compactors and they are a burden. He stated the way the contract is
set up with Waste Management the City is responsible for graffiti, vandalism, or any third
party damage which he feels will be 99% of the damage. Mr. Blum proposed that the
City exchange those Big Bellies get a reduced cost and use that cost to pay the City for
the increase that the citizens would bear as far as their trash collection would go. Mr.
Blum stated the compactors are all peeling and when you open up the tops there is gum
inside and trash all around them. He urged the City to take this off the backs of the
people who are paying their water bills and eat the cost and get Waste Management to
reduce their costs to the City by not giving us the Big Bellies.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 30 -12, the public hearing was closed.
Mr. Jacquet is opposed to this because he wanted to see the rates go down
for the residents or at least get the opportunity to see whether we can save the residents
some money or not. He stated the residents are paying a fair amount for trash pickup.
Mr. Jacquet reiterated that he stands by his earlier decisions in prior meetings and will be
voting "no" against this.
Mr. Carney clarified that these are scheduled increases that are set forth in
the current contract. Mrs. Hartman stated if the Commission did not want to have the rate
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increase the City would have to absorb the additional cost because that is what the Waste
Management contract states.
Mr. Jacquet stated he feels that the City should pay it because the City
decided that the residents should continue with that contract. Mr. Jacquet stated if we felt
that we did not want them to at least explore the opportunity of getting a lower cost and
now we are going to turn around and put the increase on the residents again he does not
see that as his position.
Mrs. Hartman explained that this increase is for the upcoming fiscal year
and is based on the current contract that the City has. Furthermore, the City Manager
stated if the City had gone out to bid it would not affect this rate increase because this
rate increase is under the current contract which runs until September 30, 2013. The City
Manager stated if the City had gone out to bid the new contract would not have taken
affect until October 1, 2013.
Mrs. Gray stated she understands what the Commission is voting on is an
existing contract that will be forward for the next fiscal year. Mrs. Gray inquired about
the increases. Mrs. Hartman stated it was about .25 to .90 per month on the regular
residential rates.
Mr. Frankel moved to adopt Ordinance No. 30 -12 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows:
Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — No; Mr. Frankel — Yes; Mrs.
Gray — Yes. Said motion passed with a 4 to 1 vote, Mr. Jacquet dissenting.
At this point, the time being 8:08 p.m., the Commission moved to Item
11, Comments and Inquiries on Non - Agenda Items from the City Manager and the
Public.
11.A. City Manager's response to prior public comments and inquiries.
The City Manager had no comments or inquiries on non - agenda items.
11.13. From the Public.
11.13.1. David Charles Faustin, 10175 Camino Del Dios, Delray Beach, FL
33446 (continued his remarks from March 6, 2012, April 3, 2012, May 1, 2012, and
June 5 2012 meetings), stated he stands before the Commission in defense of liberty,
the rule of law, and the United States Constitution. Mr. Faustin read a brief statement
into the record.
11.13.2. Yvonne Odom, 3905 Lowson Boulevard, Delray Beach, FL 33445,
wrote the City Commission a letter regarding the abrupt movement of one of the
employees at Pompey Park who she feels has worked so well with the community in all
aspects of keeping the programs going, etc. Ms. Odom stated there is new staff at the
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park and sometimes when people change people get a little leery of how that change is
going to affect what we are so comfortable with. She stated she is proud of Delray Beach
and how it has maintained a program that is the envy of so many cities. Ms. Odom stated
the new people are not familiar so much with the programs because they have not had
experience with it. She stated historically African - American kids are losing ground in
baseball all over the country. Ms. Odom stated she wants to make sure that the
opportunity to work with the city continues as they do what they have done over the 40
years and that is to make a viable program that we are the envy of so many cities.
11.B.3. Betty Goodman, 930 S.W. 11th Terrace, Delray Beach, FL 33444,
distributed information to the Commission regarding an employee who worked at the
City of Delray Beach.
Ms. Goodman stated at the last Commission meeting she attended there
was discussion about some new wand technology for the water meters. She stated she
remembers when the men used to have to bend down and read the water meters so when
the City got the new wand this was great technology. However, Ms. Goodman stated it
was discussed about a new technology now where the City would not have to have
employees read the meters. She urged the Commission to seriously think about it when
accepting this kind of technology from these companies that is going to eliminate jobs
because there are already a lot of people out of work. She stated some technology is
wonderful but some technology is to just make money for the companies.
At this point, the time being 8:18 p.m., the Commission moved back to
Item 9.1). of the Regular Agenda.
9.1). VALET PARKING QUEUE EXPANSION/PRIME
STEAKHOUSE: Consider a request from Prime Steakhouse to expand their valet
parking queue from 2 to 6 spaces for the property located at 110 East Atlantic Avenue.
Scott Aronson, Parking Management Advisory Board, stated Prime
Steakhouse has requested an expansion of their valet queue. Mr. Aronson stated the
Commission heard this item back in March and it was tabled at that time as the Parking
Study was being brought forth and how the results of the Parking Study might affect that.
He stated the Parking Valet License Agreements were changed and there were no real
changes to the queues themselves and the prime queue on S.E. 2nd Avenue still has the
burden of the additional restaurants that had opened recently with Salt Park Tavern. He
stated across the street Rock will be opening soon which is an additional 3,000 square
feet. Mr. Aronson stated they currently have two spaces on the west side of S.E. 2nd
Avenue south of Atlantic Avenue. Mr. Aronson stated the applicant is requesting to
expand that queue further south and they are requesting two spaces across the street on
the east side. He stated this would reduce their travel route and they currently park their
cars
Mayor McDuffie stated when you get below Worthing Place you can no
longer turn back to west but you have to turn east on S.E. 1St Street (one -way). Mr.
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Aronson stated people are going down to 2nd Street and turning west and then coming
back down S.E. 1St Street.
Mrs. Gray expressed concern over all the free parking spaces going to
valet. Mr. Aronson stated this would be four (4) additional spaces; for each parking
space on a busy weekend night you might get three (3) cars to park there (i.e. first
seating, second seating, and then a late night crowd). He stated the valets between those
three seating's can move upwards of 20 -30 cars per space. Mr. Aronson stated you are
sacrificing the four (4) spaces of the number of people that is serviced through those
spaces. He stated in most cases, this is one of the exceptions that it uses the Federspiel
Garage, but they do lease other private parking lots which lay dormant during the evening
so it opens up our inventory. Mr. Aronson stated there is the small financial stipe in there
at $105.00 per space totaling $420.00. Mrs. Gray stated the merchants did not want
parking meters there which she believes would make the City more money versus these
valet queues but asked if this is the same thing because they do not have the parking and
they still have to pay for it. She stated these parking queues are supposed to have some
type of attachment to the businesses. Mrs. Gray asked who then actually owns that
queue. Mr. Aronson stated Mrs. Gray is correct and Prime Steakhouse owns that queue.
Mrs. Gray stated it is going to be very congested and if cars come from both directions it
is going to be a big issue in this area. Mrs. Gray stated she does not want to give these
four (4) spaces up.
Mr. Carney stated he attended the Parking Implementation meeting on
Wednesday morning for the purpose of reviewing a couple of matters with Mr. Aronson
and this matter is one that he also brought up to him at that time. Mr. Carney stated he
did an "unscientific study" over the weekend watching these parking valet stands that had
multiple spaces and found that some cars were parked in these spaces for great periods of
time without being moved into their designated spots. Mr. Carney stated he is against
expanding anyone's parking queues at this time giving Prime Steakhouse six (6) spaces
especially the two (2) spaces on the east which would force people onto Atlantic Avenue.
Mr. Carney stated you do not need four (4) spaces to run a valet if you are in fact parking
all the cars. He stated he cannot see any justification for expanding what they already
have.
Mr. Frankel concurs with comments expressed by Commissioner Carney
and echoed Commissioner Gray's concerns. Mr. Frankel stated the DDA did not get a
second on the motion to approve the request and the consensus of the CRA was denial of
the request.
Mr. Jacquet stated his fellow Commissioners made great points.
Mr. Frankel moved to approve the Valet Parking Queue Expansion from
Prime Steakhouse from two (2) to six (6) spaces, seconded by Mr. Carney. Upon roll call
the Commission voted as follows: Mr. Carney — No; Mr. Jacquet — No; Mr. Frankel —
No; Mrs. Gray — No; Mayor McDuffie — No. Said motion was DENIED with a 5 to 0
vote.
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At this point, Mr. Carney reiterated that staff needs to review his concern
about this lack of correct use of these prime spaces which we have taken out of public
use.
9.E. AGREEMENT: DELRAY BEACH MARKETING COOPERATIVE
DBMC COMMUNITY REDEVELOPMENT AGENCY CRA /GREATER
DELRAY BEACH CHAMBER OF COMMERCE: Consider approval of an
Agreement between the City, Delray Beach Marketing Cooperative (DBMC),
Community Redevelopment Agency (CRA) and the Greater Delray Beach Chamber of
Commerce, to make the City the parry responsible for financial aspects of First Night;
and the removal of the Downtown Development Authority (DDA).
Robert A. Barcinski, Assistant City Manager, stated the Commission is
being requested to consider approval of an agreement between the City, Community
Redevelopment Agency (CRA), the Chamber of Commerce and the Delray Beach
Marketing Cooperative (DBMC). Mr. Barcinski stated this would not take effect until
October 7, 2012 and the DDA decided to not be a partner after this date. Mr. Barcinski
stated the other change is it gives the City more responsibility for financial aspects of the
4th of July similar to First Night. Mr. Barcinski stated the DBMC Board came up when
the City had the issue with the barge last year and the issues with the cost and the DBMC
has a very limited budget.
Mr. Carney stated is it premature to consider this contract when we are
going to be having a Workshop. Mr. Barcinski stated the City is under the old agreement
until October 7, 2012 because the DDA officially gave notice. Mr. Carney stated there
are a lot of questions that need to be asked and answered on this issue. Mr. Carney stated
this contract may be subject to revisions on October 9, 2012,
Mrs. Gray concurred with comments expressed by Mr. Carney.
Mrs. Gray moved to postpone until October 16, 2012, seconded by Mr.
Carney. Upon roll call the Commission voted as follows. Mr. Jacquet — Yes; Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said
motion passed with a 5 to 0 vote.
9.F. MUNICIPAL LIEN SEARCH FEE INCREASE: Consider approval of
an increase to the municipal lien search fees.
Chevelle D. Nubin, City Clerk, stated staff is requesting to increase the
lien search fees. Ms. Nubin stated the lien searches fees are handled with the City
Clerk's office, the Utility Billing division, and the Code Enforcement division and staff
processes between 10 -20 liens per day. The City Clerk stated the last time the fees were
increased was October 2009. Ms. Nubin stated the City currently has a regular fee of $40
and a rush fee of $75. She stated the regular lien searches that staff has done to date is
1,470 searches which brought in approximately $58,000 and under the rush searches staff
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has completed 709 searches to date which brought in a little over $53,000. Staff requests
to either increase both of those fees by $25 which will equate to $65 for a regular search
and $100 for a rush fee with still maintaining the 1 -3 business days response time for the
rush and 5 -7 business days response time for the regular fee. Or, Ms. Nubin stated the
City can go to a flat fee of $100 for all lien searches with a 5 day response. The City
Clerk stated staff surveyed all 38 municipalities and there were other municipalities
looking at what they charge as well because it takes a little bit of time across these
departments to complete these lien searches (1 V2 hrs. per lien search). She stated if there
are other things that have to be researched dating back to previous owners sometimes
staff has to pull records for that. Ms. Nubin stated staff provides updates as well because
sometimes the title companies and/or person requesting the search may not close on the
day they initially expected and staff has to provide the information to them again. Ms.
Nubin stated with regard to the City of Boynton Beach and the City of West Palm Beach
the reasons their fees are a flat rate of $115 is because they use the "Net Assets" software.
Ms. Nubin stated the City of Delray Beach looked at that software as well but we are also
looking at some things with our financial software here so once we have all of that
worked out we may be able to go to "Net Assets" because it is an online or web -based
type of service. Ms. Nubin stated if the City increases the fees by $25 for the regular and
the rush fee the proposed revenue to the City is approximately $54,000; if we go to the
proposed flat fee of $100 for all lien searches next year the revenue would increase by
$110,000.
Mr. Carney stated there needs to be a significant difference between the
City's regular fee and rush fee.
It was the consensus of the Commission to support the difference between
the City's proposed regular fee of $65 and proposed rush fee of $100. The Commission
stated although they support the proposed increase for the City of Delray Beach it is still
low compared to what other municipalities charge.
Mr. Frankel moved to approve the municipal lien search fee increase for
fiscal year 2012 -2013, seconded by Mr. Jacquet. Upon roll call the Commission voted as
follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney —
Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
9.G. APPOINTMENTS TO THE HISTORIC PRESERVATION
BOARD: Appoint two (2) regular members to the Historic Preservation Board to serve
two (2) year terms ending August 31, 2014. Based upon the rotation system, the
appointments will be made by Commissioner Gray (Seat 44) and Mayor McDuffie (Seat
#5).
Mrs. Gray moved to appoint Reginald Cox as a regular member to the
Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2014,
seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray —
Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes.
Said motion passed with a 5 to 0 vote.
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Mayor McDuffie stated he wished to appoint Annette Smith as a regular
member to the Historic Preservation Board (HPB) to serve a two (2) year term ending
August 21, 2014. Mr. Carney so moved, seconded by Mrs. Gray. Upon roll call the
Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet —
Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote.
9.H. APPOINTMENT TO THE POLICE ADVISORY
BOARD: Appoint one (1) regular member to the Police Advisory Board to serve an
unexpired term ending July 31, 2013. Based upon the rotation system, the appointment
will be made by Commissioner Frankel (Seat #3).
Mr. Frankel moved to appoint Linda Kidd as a regular member to serve an
unexpired term ending July 31, 2013, seconded by Mr. Carney. Upon roll call the
Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes;
Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote.
9_I. APPOINTMENTS TO THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Appoint two (2) regular members to serve unexpired terms
ending July 31, 2014 and two (2) alternate members to serve unexpired terms ending July
31, 2013 to the Green Implementation Advancement Board. Based upon the rotation
system, the appointments will be made by Commissioner Carney (Seat #1),
Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat 43) and Commissioner
Gray (Seat #4).
Mr. Carney moved to appoint Joeven Valenzuela as a regular member to
the Green Implementation Advancement Board to serve an unexpired term ending July
31, 2014, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney
— Yes. Said motion passed with a 5 to 0 vote.
Mr. Jacquet moved to appoint Hilary Roche as a regular member to serve
an unexpired term ending July 31, 2014, seconded by Mrs. Gray. Upon roll call the
Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie —
Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
Mr. Frankel moved to appoint Michael Marcus as an alternate member to
the Green Implementation Advancement Board to serve an unexpired term ending July
31, 2013, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows:
Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr.
Frankel — Yes. Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to appoint Giulia Pace as an alternate member to the
Green Implementation Advancement Board to serve an unexpired term ending July 31,
2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor
McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray —
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Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 8:41 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 29 -12: Consider a request for historic designation of
an individual site known as the "Waters- Wellenbrink Residence ", located at 1108 Vista
Del Mar Drive North to be listed in the Local Register of Historic Places. If passed, a
public hearing will be held on October 2, 2012.
office.)
The caption of Ordinance No. 29 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
DESIGNATING WATERS- WELLENBRINK
RESIDENCE, LOCATED AT 1108 VISTA DEL MAR
DRIVE NORTH, AS MORE PARTICULARLY
DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE;
PROVIDING FOR THE AMENDMENT OF THE
"ZONING MAP OF DELRAY BEACH, FLORIDA,
JANUARY 2012" PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 29 -12 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is an
approval to individually designate the property located at 1108 Vista Del Mar Drive
North as Waters- Wellenbrink Residence as listed on the Local Register of Historic
Places. Mr. DorIing stated it is a Cape Cod colonial revival style single family home
built in 1938 and it has been minimally altered to allow it to maintain its original
integrity. He stated the LDRs set forth criteria under Section 4.5.1(B)(2) and 4.5.1(B)(3)
and it meets criteria in both of those categories to designate it as a local property. Mr.
Dorling displayed an aerial of the property and photographs of the structure. Staff
recommends that it be approved and locally listed.
At its meeting of September 19, 2012, the Historic Preservation Board
recommended approval.
Mr. Carney moved to approve Ordinance No. 29 -12 on FIRST Reading,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney
— Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes.
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Said motion passed with a 5 to 0 vote.
1.2.B. ORDINANCE NO. 33 -12: Consider an amendment to Chapter 37,
"Delray Beach Code Enforcement ", by amending Section 37.42, "Administrative Fines;
Costs of Repair, Liens ", to increase the fines for noise violations as defined in Section
99.03. If passed, a public hearing will be held on October 2, 2012.
The caption of Ordinance No. 33 -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 AMENDING
SECTION 99.02 "DEFINITIONS" TO DEFINE
"STRUCTURE "; BY AMENDING 99.03 "LOUD AND
UNNECESSARY NOISES PROHIBITED" TO CLARIFY
SAME; BY AMENDING SECTION 99.08 "PENALTY"
TO INCREASE THE FINES FOR NOISE VIOLATIONS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 33 -12 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated at the last
meeting the Commission gave staff direction to bring an ordinance forward that provided
for an increase and possible fines regarding noise violations. He stated we would need to
amend this section in order to allow us to increase the fines for noise violations. The City
Attorney stated the language in this ordinance is the maximum allowed by State Statute;
this does not mean that the City is going to implement that change but it allows the City
to do that if they decide to.
Mr. Frankel moved to approve Ordinance No. 33 -12 on FIRST Reading,
seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Jacquet —
Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes.
Said motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 34 -12: Consider an amendment to Chapter 99,
"Noise Control'", by amending Section 99.03, "Loud and Unnecessary Noises
Prohibited ", to clarify same, by amending Section 99.08, "Penalty ", to increase the fines
for noise violations. If passed, a public hearing will be held on October 2, 2012.
The caption of Ordinance No. 34 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
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AMENDING CHAPTER 99 "NOISE CONTROL ", OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 99.02 "DEFINITIONS" TO DEFINE
"STRUCTURE"; BY AMENDING 99.03 "LOUD AND
UNNECESSARY NOISES PROHIBITED" TO CLARIFY
SAME; BY AMENDING SECTION 99.08 "PENALTY"
TO INCREASE THE FINES FOR NOISE VIOLATIONS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 34 -12 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. He stated at the last
meeting where staff was amending the noise ordinance there was some discussion on the
inconsistency of one of the sections where it talks about loud speakers and Public
Address (PA) Systems. He made reference to Section 99.03(A)(1) and (A)(2) and
whether or not there could be some inconsistency in the enforcement of that which the
Code Officer would site to whether it is Section 99.03(A)(1) or (A)(2). The City
Attorney stated to clarify that staff has included that language under Section 99.03(A)(1)
so that will be the citation that would be issued and there would not be a discrepancy in
the distance requirements or how someone could interpret whether or not there would be
a violation. The City Attorney reiterated that staff has amended this section in order to
allow for the potential of an increased fine greater than what it was at the last ordinance.
He stated this is not setting the fine at a certain amount but it allows us to fine up to the
amount that is statutorily allowed.by law. The City Attorney stated with regard to these
fines it cannot just be on a civil citation; in order to get the graduated fines it would have
to through the Code Enforcement Board for them to have a finding of guilt before
someone could be fined a second time for a repeat violation.
Mr. Carney moved to approve Ordinance No. 34 -12 on FIRST Reading,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel
— Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes.
Said motion passed with a 5 to 0 vote.
13. COMMENTS AND INQUIRIES ON NON- AGENDA ITEMS.
13.A. City Manager
The City Manager stated Commissioner Gray had asked if the City can
include an additional venue at the S.W. 5th Avenue Plaza (Ms. Wesley's Plaza Park). The
City Manager stated the City will try to have some other events in- between as well to
attract more people down to 5t" Avenue.
Secondly, the City Manager stated with regard to the status of the Full
Service Center according to the School District they have $50,000 in the budget for fiscal
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year 2012 -2013 to develop design documents for demolition in the school. He stated if
the School District gets funding in 2014 they would demolish it then (between July 1,
2013 -June 30, 2014) but right now it does not look like they will have funding available
and it is not included in their 5 -year capital plan.
13.B. City Attorney
The City Attorney had no comments or inquiries on non- agenda items.
O.C. City Commission
O.C.I. Mr. Jacquet
Mr. Jacquet stated several months ago he brought up the issue about
smoking and hiring and the Commission discussed this at a Workshop meeting. He
stated it was unanimous from the comments that the Commission wanted to see this come
forward at least in the proper process. Mr. Jacquet stated he would like to see this placed
on the next agenda.
Secondly, Mr. Jacquet asked what the City's process was for naming
things in the City such as a building or park.
Lastly, Mr. Jacquet stated he would like to see recognition for a group of
individuals within the city who have been doing some phenomenal work known as the
"Delray 21" in particular Mr. Lee Cohen and Mr. Ryan Boylston. Mr. Jacquet stated they
have taken a few of the athletes and students from Atlantic High School, the mentoring
program, teaching life skills, they are always at their athletic games and helping out. Mr.
Jacquet stated Mr. Cohen and Mr. Boylston were instrumental in getting brand new
uniforms for Atlantic High School and they are the talk around the nation. He stated the
uniforms are unique, the players love it, and it makes a loud statement and the players
enjoy it. Mr. Jacquet stated the first play in their new uniforms was a touchdown and
they beat Pahokee High School 39 -0 last Friday. He stated tomorrow evening is the next
football game against the Santaluces Chiefs. Mr. Jacquet reiterated that the City
recognize this group and the work that they are doing in the community. He stated Mr.
Ryan Boylston part of Futuristic Woo designed the uniforms and Lee Cohen came out of
pocket to help fund it.
13.C.2. Mr. Carney
Mr. Carney stated approximately 4 -5 months ago he led direction in
asking that City staff start considering developing Legislation to deal with transient
housing that we could propose in Tallahassee. He stated they worked very hard and came
up with a variety of different options and has been working with both the Palm Beach
County League of Cities and the Florida League of Cities to see if they can get some
traction for their support in this proposed Legislation. He stated Delray Beach and to a
lesser extent Boca Raton have a unique situation which the others do not share and the
Florida League who only proposes two bills a year to start pushing; Delray Beach made
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the list but we were down on the list so we will not be one of theirs that will be pushed.
Therefore, Mr. Carney stated he had conversations with people in Boca Raton and they
have this issue on their Legislative agenda this year as a standing issue and they have
hired a lobbyist to try to affect some benefit for them in this Legislation in Tallahassee.
Mr. Carney requested that at the next Commission meeting we have consideration that
Delray Beach piggyback with Boca Raton with a lobbyist or engage our own in order to
get this Legislation introduced and gain some traction because otherwise we will be
where we are today.
Secondly, Mr. Carney expressed concern over the management of pension
funds. He stated now that the budget is over he has spent a lot of time looking at the
various performance of the two principal pension funds that we have in the city and he is
perplexed by the Police and Fire Pension Fund in terms of its performance. Mr. Carney
stated the City has three members of the Board as do Police have three members of the
Board as do Fire have three members of the Board but if it does not perform well the City
has to make good any deficiency. Mr. Carney stated we need to sit down and bring the
management of these pension funds under some greater control of the city in terms of
who we choose and have a greater voice in that process. He stated on total performance
standards these funds are not performing as well as other funds are performing and
suggested that this be discussed at a Workshop meeting.
Lastly, Mr. Carney stated he received several calls within the last few days
regard to Deidra Thomas and asked staff to look into this to see if there is a way the
neighborhood can be accommodated better than they have been in this particular case.
13.C.3. Mrs. Gray
Mrs. Gray stated Lula Butler's office has been working on the naming
rights procedure.
Secondly, Mrs. Gray stated she would like to move forward with trying to
get a study done or someone to analyze the Tennis Stadium. She stated some of her
fellow Commissioners have talked about having a skybox and she would like to move
forward with getting a study done to see what it would cost. Mrs. Gray stated she
believes this is an asset of the City and is an anchor to West Atlantic Avenue.
Mrs. Gray stated she supports having an outside lobbyist not just because
of transient housing but because of dollars that are out there that we may not be tapping
into.
She thanked the Commission for agreeing to move forward with the
Prescription Drug Program that we have from the National League of Cities. Mrs. Gray
stated Delray residents are saving up to 23% on their prescription drug medications.
Lastly, Mrs. Gray stated the AKA sorority had their Senior Citizen
Luncheon last Saturday at Pompey Park and over 100 senior citizens were in attendance.
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13.C.4. Mr. Frankel
Mr. Frankel stated the Police and Fire Pension Fund is up $10412 million
this year and supports having a Workshop meeting to discuss this.
Secondly, Mr. Frankel stated he was in the hospital last week and
complimented the paramedics and the Wellness Center.
Mr. Frankel stated he and Commissioner Gray represented the City
yesterday at the Mayor's Literacy Luncheon for the Literacy Coalition of Palm Beach
County. Mr. Frankel stated Mayor McDuff e was announced for the great work that he
has done as well as the City being recognized for everything with regard to the Education
Committee. Mr. Frankel gave a packet to the City Manager and stated they noted that the
City can seek some sort of designation that would allow us to apply for grants.
Lastly, Mr. Frankel stated wished everyone a 'V Shana Tova" (Jewish
Happy New Year).
13.C.5. Mayor MCDuffie
Mayor McDuffie stated he was not able to be at the Mayor's Literacy
Luncheon yesterday and thanked Commissioner Frankel and Commissioner Gray for
attending.
Secondly, Mayor McDuffie stated he will have all the stakeholder partners
together next week for the Digital Divide Project to do a detail on what we need to get the
kickoff done the first week of October. He stated is thrilled that the City is going to be
able to make that opportunity available to our underserved kids. Also, Mayor McDuffie
suggested to invite Janet Meeks and he will follow up with exactly what day that is.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 9:05 p.m.
ATTEST:
MAYO 1�6p
city
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The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on September 20, 2012, which Minutes were formally approved and adopted by the City
Commission on October 16, 2012.
5 r
City Cl rk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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