10-02-12 Regular City Commission MinutesOCTOBER 2, 2012
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers
at City Hall at 6:00 p.m., Tuesday, October 2, 2012.
1. Roll call showed:
Present - Commissioner Thomas F. Carney, Jr.
Commissioner Alson Jacquet
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Nancy Norman with Unity
of Delray Beach.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor McDuffie requested that Item 8.D., Re
iect All Bids for Pompey
Park Landscape Maintenance Annual Contract, be removed from the Consent
Agenda and moved to the Regular Agenda as Item 9.A.A. and Item S.G.,
Administrative Policy Regarding Hiring of Tobacco Users be removed from Consent
Agenda and moved to the Regular Agenda as Item 9.A.A.A.
Mr. Frankel moved to approve the Agenda as amended, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray
— Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 4 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. Frankel moved to approve the Minutes of the Workshop Meeting of
August 14, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mrs. Gray -- Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Frankel —
Yes. Said motion passed with a 4 to vote.
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Mrs. Gray moved to approve the Minutes of the Workshop Meeting of
August 17, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mayor McDuffie — Yes; Mr. Carney -- Yes; Mr. Frankel — Yes; Mrs. Gray —
Yes. Said motion passed with a 4 to 0 vote.
Mr. Frankel moved to approve the Minutes of the Workshop Meeting of
August 23, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mr. Carney — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie —
Yes. Said motion passed with a 4 to 0 vote.
Mrs. Gray moved to approve the Minutes of the Workshop Meeting of
August 28, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney —
Yes. Said motion passed with a 4 to 0 vote.
Mrs. Gray moved to approve the Minutes of the Regular Meeting of
September 4, 2012, seconded by Mr. Carney — Yes. Upon roll call the Commission voted
as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Frankel —
Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 6:06 p.m., Commissioner Jacquet arrived to
the meeting.
6. PROCLAMATIONS:
6.A. None
7.
PRESENTATIONS:
7.A. Artist Alley Project — Pineapple Grove Arts District
Gene Fischer introduced Shirley Talbert and stated she will give a
presentation on the Artist Alley which is located on the northeast quadrant of Pineapple
Grove.
Shirley Talbert, 109 N.E. 8th Street, Delray Beach, FL 33483, gave a brief
PowerPoint presentation of the current conditions on Artist Alley, the recommendations
for improvement, and how the City can help.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. COASTAL PLANNING & ENGINEERING INC. /2012 BEACH
RENOURISHMENT PROJECT SCOPE OF SERVICES: Approve the Scope of
Services for Coastal Planning & Engineering, Inc., in an amount not to exceed
$344,721.00 for pre - construction and post - construction administration associated with the
2012 Beach Renourishment Project. Funding is available from 332 - 4164 -572 -31.30
(Beach Restoration Fund /Engineering/Architect).
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8.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.
8.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.
The caption of Resolution No. 52 -12 is as follows:
RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO CHAPTER 100 OF THE 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 AND 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 LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 52 -12 is on file in the City Clerk's
office.)
8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.E. CONFIRMATION AND MEMORANDUM OF LEASE /SBA
MONARCH TOWERS 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.
8.F. HOUSING REHABILITATION GRANT /CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract through the Neighborhood
Stabilization Program (NSP) to the lowest responsive bidder, CJ Contracting, LLC. for
703 Place Chateau in the amount of $46,083.45. Funding is available from 118 -1935-
554 -62.12 (Neighborhood Services: Capital Outlay /Acquisition Rehabilitation).
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8.G. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.
8.11. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY (CRAUSPONSORSHIP OF TENNIS TOURNAMENTS: Approve an
Interlocal Agreement with the Community Redevelopment Agency (CRA)
for sponsorship of City tennis tournaments for FY 2012 -2013.
8.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 up from approximately 4:00 p.m. to
6:00 p.m., and approve staff support for traffic control, security, EMS assistance,
barricading, trash removal, clean up, and event signage.
8.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period September 17, 2012 through September 28, 2012.
8.K. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Atlantic Refrigeration in the estimated 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.
Mr. Frankel moved to approve the Consent Agenda as amended, seconded
by Mr. Carney. 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 4 to 0 vote.
At this point, the time being 6:21 p.m., the Commission moved to Item
11, Comments and Inquiries on Non - Agenda Items from the Public.
11.11. From the Public.
11.11.1.
Marylou Zambrano 505 Ibis Drive Delray Beach FL 33444 (Tropic
Palms stated her family has lived here for 22 years and have used the Delray Swim and
Tennis Club pool constantly. Ms. Zambrano stated when the pool was opened the second
time they did a beautiful job and the landscaping is beautiful. She stated if the City were
to close the pool not only would families lose a good thing but it would be an eyesore.
Ms. Zambrano commended the lifeguards and urged the City to let the pool remain open.
11.11.2. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive
Unit "C ", Delray Beach, FL 33483, stated with the pool closing maybe there are 100
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reasons why people feel the pool should be left open but there is 60,000 people who live
in Delray Beach that should not have to pay for it.
11.B.3. Ingrid Botero, 1353 Gallinule Drive, Delray Beach, FL 33444 (Tropic
Palms ), stated the reason the pool should remain open is because her children and other
children in the neighborhood learn to swim and not drown. Ms. Botero stated the
coaches are exceptional, the pool is impeccable, and it always feels like you are at home.
She stated there are services throughout the city that not everyone uses and yet everyone
still pays for it. Ms. Botero suggested that for more people to know more about the pool
is sponsor events as like with the other pools (i.e. use pool birthday parties) to help
provide revenue. She stated instead of closing the pool down there may be other areas
that can be cut and urged the Commission to keep in mind what service this provides for
her family.
11.B.4. Edward Walters, 2361 Jaeger Drive #6 -B, Delray Beach, FL 33444,
asked other than posted information about the pool on the City's website (Parks and
Recreation) has the City done anything to promote use of the pool. Mr. Walters stated if
the pool is not generating enough revenue one solution would be to do more to promote
the use of the pool. He stated the pool is generating revenue with them because his son
has taken two sessions of swimming lessons. He commended the lifeguards who work at
the pool and stated they are good at teaching swimming, professional, and qualified. Mr.
Walters urged the Commission to keep the pool open.
11.B.5. Celine Zambrano, Tropic Palms, urged the Commission to leave the
pool open because she learned to swim there.
11.B.6. Gerard Smith, Aquatics Operations Supervisor for both pool sites,
asked if the pool will be closed short-term because of budget crunches it is still going to
cost the City just as much money to maintain the pool until it can be reopened; if the pool
will be closed long -term the effect to the aquatics department of Parks and Recreation is
going to be very hard. Mr. Smith stated that site helps break down some of the services
we are doing in the community. He stated one of their newly staff members will lose her
job as a result and noted that she has accomplished great things over the last 60 days she
has been employed. Mr. Smith urged the Commission to review the budget again and
reiterated that the City will still have to spend money to maintain it and keep it up to par
for public safety.
11.B.7. Renee Sonic, stated her two five year old children have been taking
swimming lessons at the Delray Swim and Tennis Club pool and it is very difficult to
schedule an appointment at Pompey Park pool because it is always fully booked with
swim lessons. Ms. Sonic stated the Delray Swim and Tennis Club pool makes a more
flexible scheduled for people like her who have children that are young in age and when
they get out of school. She stated the Pompey Park pool is also swamped full of kids
getting out after school and there is no time for swim lessons. Ms. Sonic reiterated that
the Delray Swim and Tennis Club allow more flexibility with swim, lessons and she also
lives within the current distance of Tropic Palms so it is very convenient for her family.
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She also expressed concern over safety issues with the Pompey Park pool Ms. Sonic
stated she is not happy with having to park her car into the other facility and walk the
children across the area to get into the pool. She stated the little lot by the tennis courts is
always packed double spaced park and people park along the sides of the street that is
very unsafe for the children too. Ms. Sonic stated the Pompey Park pool is not a good
substitute and she urged the Commission to keep the other pool open.
113.8. Marilyn Soto, 950 Lavers Circle, Delray Beach, FL 33444, stated she is
in walking distance of the pool and has owned her condo for 7 years but she did not learn
of the pools availability for her use and water aerobics until last year by word of mouth.
Ms. Soto stated according to an article in the Sun - Sentinel that the City spent $570,000
on acquiring the pool, the building, and 24 tennis courts. She stated it is a wonderful
facility and the City spent another $400,000 on improvements. Ms. Soto stated there are
many programs in the area that could utilize the pool and nothing has been done with
that. She stated since learning of the pool closing she has been investigating where other
programs are that offer water aerobics and although there are not too many out there the
ones that she is finding charge a lot more money. Ms. Soto stated she paid $1.06 for each
session and believes the minimum charge could be at least $3.00 or more per session.
She stated there is a true health benefit in continuing to offer the pool in this particular
area. Ms. Soto agrees that participation is low; however, she feels with the marketing
efforts that Delray Beach is so good at, there is a huge potential in the asset that Delray
Beach owns.
11.B.9. Connie Walters, 2361 Jaeger Drive #6 -B, Delray Beach, FL 33444,
stated the leading cause of deaths for children under the age of 5 in Florida is drowning's
and the City is closing a pool that promotes water safety and swimming lessons that are
affordable for women and children. Ms. Walters suggested that the City re- energize
itself with a Public Awareness Campaign on water safety in Delray Beach. She stated
she attends "mommy and me" classes at the library, etc. and offered to help. Ms. Walters
urged the Commission to help bring that sad statistic down in Delray Beach.
11.B.10. Debra Ginev, resident of Tropic Palms, stated her grandchildren are
learning how to swim at this pool. She stated she cannot believe that with a little
promotion we can get more use out of the pool and asked the Commission to reconsider
their decision to close this valuable resource in the city.
11.B.11. Eric Husky, resident of Tropic Palms, stated Tropic Palms is right next
to complex where the pool is and he lived there for 11 years and lived in the
neighborhood 6 or 7 years before he knew the pool existed and can walk to the pool. Mr.
Husky reiterated many people are not aware of the existence of the pool and there is a lot
of potential for more use of the pool if people are made aware of its existence. He stated
if the pool were promoted more it would be used a lot more.
113.12. John Qast name unknown), resident of Tropic Palms for over 20
years, stated his daughter learned to swim at the pool, they have had birthday parties
there, and the pool is a tremendous resource for the community. He stated there is so
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much potential for the pool to be used by even a larger portion of the population with a
little bit of awareness for people that live within the community as well as those
communities that are nearby.
11.11.13. Unidentified Female, echoed comments of some of the previous speakers
and stated there is a big senior population and winter population that use the pool. She
stated the winter population did not get to speak because they are not here yet and noted
that the pool is very valuable asset to the city.
11.11.14. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delrav
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), stated when this was discussed it was looked at as
a line item in an accountant's ledger and now the decision is affecting a lot of children.
Dr. Kirson requested that the Commission reopen the issue and come up with a better
conclusion.
11.13.15. David Charles Faustin, 10175 Camino Del Dios, Delray Beach, FL
33446 (continued his remarks from March 6, 2012, April 3, 2012, May 1, 2012, June
5, 2012, and September 20, 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.
11.13.16. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444,
expressed concern over the closing of the pool and asked if the City will be closing the
Pompey Park pool as well. Ms. Moody inquired as to why the City would shut the
Delray Swim and Tennis Club pool down after they just purchased it. Ms. Moody stated
the people who live around this pool on Linton Boulevard in this development the price
they pay (i.e. HOA fees and/or monthly or yearly maintenance fee) for their development
should be included into keeping up the pool. She stated it does not make sense to close
one pool and not the other pool.
At this point, the time being 6:50 p.m., the Commission moved back to
Item 9.A.A. (formerly Item 8.D.) of the Regular Agenda.
9. REGULAR AGENDA:
9.A.A. REJECT ALL BIDS FOR POMPEY PARK LANDSCAPE
MAINTENANCE ANNUAL CONTRACT: Approval to reject all bids, Landscape
Maintenance Annual Contract at Pompey Park's three (3) baseball fields due to incorrect
specifications, and proceed with re- advertising the project for bid.
Linda Karch, Director of Parks and Recreation, stated this item is for
approval to reject all bids for landscape maintenance of Pompey Park Baseball Fields
Annual Contract due to incorrect bid specifications. Mrs. Karch stated the mowing
frequencies stated on the bid were incorrect. 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 December through March. Only Reel -type mowers shall be used."
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Mrs. Gray stated she understands the wording is incorrect; however, she
expressed concern that the City has sent out a Request for Proposal and now we are
saying that we are not going to follow through with it because of our error. Mrs. Gray
asked if there is a way to send it back out to bid.
The City Attorney stated the Commission has the right to waive minor
irregularities in bid specs or in bid responses; however, he expressed concern that what
the City sent out was incorrect. The City Attorney stated the fairest way to do this is to
re -bid it with the correct specs.
Mr. Frankel concurs with comments expressed by the City Manager and
the City Attorney.
Mr. Jacquet stated he sees issue from both sides and noted this is a
significant difference and it is unfair to proceed with this description.
the City's side.
Mr. Carney asked if there is a streamline process since this was an error on
Brief discussion between the City Attorney and the Commission followed.
Mr. Jacquet stated he agrees with the City Attorney but at the same time
when the City puts out these requests and people put a bid out we need to be mindful how
much time and money it is taking them and that we do not penalize hard working
business people in the community because of our mistakes. However, Mr. Jacquet stated
he agrees that if this was not a significant cost or a lot of time lost and it is a substantial
change in the description then he agrees that we should put it out to bid again.
The City Manager stated in this instance work that is required to put the
bid together has been done so all that needs to be done to amend their bid or submit a
new bid is to take into account that for a certain portion of the year it is twice a week
instead of once a week.
Mr. Frankel moved to reject bids and proceed with re- advertising,
seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor
McDutfie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray —
Yes. Said motion passed with a 5 to 0 vote.
9.A.A.A. HOUSING REHABILITATION GRANT /CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract through the Neighborhood
Stabilization Program (NSP) to the lowest responsive bidder, CJ Contracting, LLC for
703 Place Chateau in the amount of $46,083.45. Funding is available from 118 -1935-
554- 62.12 (Neighborhood Services: Capital Outlay /Acquisition Rehabilitation).
The City Attorney commented about the revised version in front of the
Commission and stated staff had discussion today with outside counsel in getting their
input as well. The City Attorney stated they made a few minor revisions to the language
that had been on the agenda paragraph 15, #2 where it refers to "smoking" and this was
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changed to "tobacco products" and clarified under the procedures in PER. 15.2
Procedures — to clarify that the time that the City would be doing the actual medical
screening would just be pre - employment not on an ongoing basis.
Bruce Koeser, Human Resources Director, stated on July 5, 2012, the City
Commission requested that staff create an administrative policy for limiting hiring to
non -users of tobacco and would impact new hires only. Mr. Koeser stated the proposal is
for new hires that start if approved this evening effective whenever the Commission
wishes to do and thereafter. Mr. Koeser stated after a pre - employment nicotine test they
would ask that employees reaffirm their commitment to no nicotine use through an
affidavit on an annual basis. He stated staff believes that overtime create a healthier
workplace, cut costs, and reduce expenses over long -term. Mr. Koeser stated the City
currently has a smoke -free policy for Fire and a general order for Police which prohibits
smoking on the job.
Mrs. Gray stated she is not in favor of this policy and feels it is a form of
discrimination. She stated it eliminates some talented people when it is time to select
some of that talent from the work pool.
Mr. Jacquet stated the Courts have spoken on this issue that it is clearly
not a discrimination issue against someone's lifestyle. He stated the primary concern for
the City is the cost. Mr. Jacquet stated healthcare is one of the largest costs that families
face most of the time and the issues the City is dealing with regarding sustaining the
budget and making sure that we can make responsible and sustainable decisions to carry
us into the future he believes this is a wise and bold policy. Mr. Jacquet stated this is a
decision that is going to save the City money every year because the City is self - insured
so the cost is on the City. Mr. Jacquet stated he supports this.
Mr. Carney asked if there is a measurable figure that smokers lose more
work than non - smokers. Mr. Koeser stated Mr. Carney is correct.
Mr. Jacquet stated he believes the stats say smokers tend to miss more
work, take more time off, and take more breaks. He stated it has nothing to do with the
act of smoking itself but it is the collateral.
The City Attorney stated if this is passed this will be applicable to civil
service employees if they go with the date on the Administrative Policy which is October
3, 2012; for union employees staff might have to have discussions and/or consultations
with them.
Mr. Frankel stated he respects Mrs. Gray's opinion. However, Mr.
Frankel stated he believes this saves people's lives, he does not find it discriminatory, and
for all the reasons he previously stated at the Workshop he supports this.
Mayor McDuffie clarified that the City charges smokers more for their
healthcare insurance than non - smokers. Mr. Koeser stated the City charges smokers 20%
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more for their premiums than non - smokers. Mayor McDuffie stated he detests smoking
but he has a problem with legislating things with what people do at home.
Mr. Jacquet moved to approve Item 9.A.A.A. (formerly Item 8.G.),
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney
— Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray --- No; Mayor McDuffie — No.
Said motion passed with a 3 to 2 vote, Commissioner Gray and Mayor McDuffie
dissenting.
9.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 Achievement Center to support a
fundraiser being held at the Hyatt Hotel on October 4, 2012.
Scott Aronson, Parking Management Specialist, stated the Achievement
Center for Children and Families of Delray Beach is having their new fundraiser at the
Hyatt Hotel on Thursday, October 4, 2012. Mr. Aronson stated Ameristar is volunteering
their services for valet parking for the event at the hotel. He stated there is concern that
the parking at the hotel will not accommodate the number of guests that are arriving. Mr.
Aronson stated they are not able to use the indoor parking lot for liability purposes and
they do not want to mix self - parking with the valet parked cars. He stated they will be
utilizing the upper levels of the parking garage which is where they will be parked. Staff
supports the waiver.
Mr. Jacquet clarified that this will be a one day event from 4:00 p.m. to
midnight.
Mr. Frankel moved to approve the request to waive parking fees for 30 -40
spaces at Old School Square Parking Garage for overflow parking related to the
Achievement Center for Children and Families of Delray Beach fundraiser being held at
the Hyatt Hotel on October 4, 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.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
A. None
9.11. SPECIAL EVENT REQUEST /45TH 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 lb, 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
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Friday night party on the pavilion grounds at Delray Beach Center 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. 5th Avenue for the parade, Atlantic
Avenue from A -1 -A to the bridge, with overflow on East Drive to Lowry Street, and
Gleason Street for staging of parade entries; that Atlantic Avenue from E. 5th Avenue to
Swinton be closed until 6:00 p.m.; and to approve staff 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 this to be the only approved event on these
dates; contingent upon receipt of the Certificate of Liability Insurance and Alcohol
Liability Insurance and a copy of a Temporary Liquor License. The event sponsor will
be required to pay 100% of all costs plus a 5% administrative fee.
Nancy Stewart- Franczak, Event Sponsor, showed a video of the St.
Patrick's Day Parade.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
the Commission to approve the 45t' Annual St. Patrick's Day Parade and parties on
Sunday, March 16, 2013 from 2:00 -4:00 p.m. with setup at 11:30 a.m. east of the
Intracoastal. Mr. Barcinski stated the parade will go from that end to N.W. 5d' Avenue.
He stated this also includes the 16d' Saturday parry that has been held the last couple of
years on the front grounds of Old School Square. In addition, Mr. Barcinski stated the
event producer is requesting the use of the Delray Beach Center for the Arts front lawn
from 5:00 p.m. to 11:00 p.m. He stated all the required permit information is included.
He stated the reason for the Friday night is to try to avoid the problems that have
occurred over the last two years with pub crawls and this created concerns downtown.
Mr. Barcinski stated the estimated cost for the event is estimated at $21,325.00 paid by
the event producer including the 5% administrative fee. Staff recommends approval of
the request contingent on the receipt of the following: (1) Certificate of Liability
Insurance and Alcohol Liability Insurance by March 2, 2013, and (2) a copy of a
temporary liquor license by March 2, 2013.
Mr. Jacquet stated he had the opportunity of attending last year and got to
ride on one of the fire engines with a County Commissioner and Congressman from
around the area. He stated the event was so well handled because there was so much
trash and afterwards everything was cleaned immediately. Mr. Jacquet stated he was
very impressed about that and the way that people came from all over the world to come
to Delray Beach so he is very much in support of this event. Mr. Jacquet asked what the
cost will be to the City. Mr. Barcinski stated the cost of the event is $21,325.00 paid for
by the event producer.
Mr. Frankel stated he heard some complaints that this has turned into a big
fire truck parade and it used to be a nice variety of students, merchants, etc. He stated it
is one of the premiere events and it brings down a large amount of people to the city. Mr.
Frankel echoed comments expressed by Commissioner Jacquet about the cleanliness of
the city and he commended the Police Department on handling the amount of people and
drinking on the streets with a few minor incidences.
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Mr. Carney stated it would be great to see more of the local merchants in
the parade.
Mayor McDuffze asked if the entrants pay a fee. Ms. Stewart- Franczak
stated people that have floats pay to be in the parade; they have to pay people that are
marching such as bands and the firefighters do not pay. She stated they started with the
firefighters because it added a greater attraction because they are traveling from all over
the world and they have travel costs, etc. Ms. Stewart- Franczak stated they get sponsors
to do little parties and noted she had nothing to do with the "flash mob" parade last year.
She stated the reason they displayed the video is because there are a couple of restaurants
that are looking to financially cover the increased city costs for them if they are granted
an extended liquor license to have after parties for the parade. Ms. Stewart- Franczak
stated they receive no support from the restaurants or the bars.
Mr. Carney moved to approve the Special Event Request for the 45h
Annual St. Patrick's Day Parade and Party on March 16, 2013, seconded by Mr. Frankel.
Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes;
Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with
a 5 to 0 vote.
9.C. VISIONS 2020 PROCESS AND RATIFICATION OF THE
STEERING COMMITTEE: Provide direction regarding the Visions 2020 process and
ratification of the Steering Committee, including the appointment of a Commission
representative.
Al Berg, Assistant Director of Community Improvement, stated 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. Staff requests direction
from the Commission.
Mr. Frankel stated the Commission was given the memo and a few of the
Commissioners gave a couple recommendations and asked why the City Commission
was not consulted on their selections to this.
The City Manager stated in the past it, has been outside the City
Commission.
Mr. Jacquet suggested that each Commissioner appoint an individual and
come back with their own list instead of being given a list of names to where they decide
to ratify them or not because he believes it is more efficient that way.
Mr. Carney asked when this is scheduled to take place. The City Manager
stated this will take place in March 2013. Mr. Carney stated it seems that the
Commission has the opportunity to ask the community to ask those who are interested
and then from that list they can add or subtract names and put forth their own list.
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The City Manager stated the list of names has varied from 13 -19 and
suggested that each Commissioner submit no more than three (3) names if they choose to
do it that way.
Brief discussion by the Commission followed.
Mayor McDuffie asked if a Chair has been selected. In response, the City
Manager stated the Visions 2020 Steering Committee will choose the Chair.
It was the consensus of the Commission that each Commissioner bring
back three (3) names and this will come back on the Commission meeting of October 16,
2012 and the City Commission will submit their names to the City Clerk by October 10,
2012 and appoint Commissioner Carney as the Commission representative.
At this point, Commissioner Gray left the dais.
9.D. REQUEST FOR PROPOSALS (RFP)/EMPLOYEE HEALTH AND
WELLNESS CENTER: Consider approval of the Selection Committee's ranking of
responses for the Employee Health and Wellness Center; and authorize staff to enter into
contract negotiations with the top ranked company, Concentra Health Services, Inc.
Bruce Koeser, Human Resources Director, stated the City's current
provider for the Employee Health and Wellness Center (Care Here) will have their
contract with the City expiring on December 31, 2012. Mr. Koeser proposes staying in
the same facility and provide essentially the same services but with a different provider.
He stated the City put out an RFP and received five (5) responses and staff believes the
best choice to replace CareHere is an organization called Concentra Health Services, Inc.
Mr. Koeser stated the City will save between $50,000 and $100,000 per calendar year.
He stated Concentra Health Services, Inc. has much better reporting capabilities than
CareHere. Mr. Koeser stated he could not get solid Return On Investment (ROI)
reporting from CareHere so he could not justify to the City Commission how the City
was doing there. Mr. Koeser stated Concentra Health Services, Inc. is much stronger in
the management end of things and they currently operate in 278 medical centers both
private and publicly owned. Staff requests approval to proceed with negotiations with
Concentra Health Services, Inc.
Mr. Jacquet asked who is on the selection committee. Mr. Koeser stated
the Selection Committee is made up of Pat Lewandowski, Benefits Manager, Don
Titcomb from Gallagher Benefit Services (City's Insurance Broker), and himself. Mr.
Koeser clarified that CareHere did not bid.
Mr. Frankel stated he feels the Wellness Center is one of the best things
that was established in the City.
staff members.
Mr. Koeser stated the City hopes that they can retain at least 3 out of the 4
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Brief discussion followed by Mayor McDuffie and Mr. Koeser.
Mr. Frankel move to approve the Selection Committee's ranking of
responses for the Employee Health and Wellness Center and authorize staff to enter into
contract negotiations with the top ranked company Concentra Health Services, Inc.,
seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor
McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion
passed with a 4 to 0 vote.
At this point, Commissioner Gray returned to the dais.
9.E. RESOLUTION NO. 51 -12: Consider Resolution No. 51 -12 to
not support Amendment 4 to the Florida Constitution which, if adopted, would create
additional inequities in Florida's tax system by granting certain tax breaks to some
taxpayers at the expense of other taxpayers.
The caption of Resolution No. 51 -12 is as follows:
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.
(The copy of Resolution No. 51 -12 is on file in the City Clerk's office.)
The City Manager stated he feels the property tax system in Florida is
complicated and inequitable already and this would make it worse. He stated by reducing
the cap on non - residential increases from 10% to 5% over a period of time you are going
to develop the same kind of inequities you now have with residents. The City Manager
stated a new business coming in and starting up or expanding will be at a competitive
disadvantage to long -term businesses because the long -term businesses have their taxes
capped and the new guy is paying the full rate. The City Manager stated the break for
first -time homebuyers sounded great on the surface until you see how it is defined and a
first -time homebuyer is defined as "anyone who has not had a homestead exemption
within the last three years." He stated somebody who sells a house up north and moves
to Florida is treated as a first -time homebuyer and gets a big tax break. The City
Manager stated you get up to half of the average value throughout the County plus the
normal homestead exemption on top of it. The City Manager stated one of the urban
counties was used as an example by the Florida League of Cities and it would be
$150,000 plus another $50,000 on top of that so it would be a $200,000 homestead
exemption and it reduces 20% over the next five years. The City Manager stated when
Gary Nikolits spoke about these amendments he feels that he made a very good point that
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every exemption you approve does not benefit you directly because it increases your tax
burden. The City Manager urged the Commission to adopt the resolution and noted the
resolution does not say that the Commission opposes it but it urges voters to take a
careful look at it so that they are informed about the issue when they vote.
Mayor McDuff a stated he has been through Amendment 10, Amendment
1, and now looking at Amendment 4. He stated there are three cities in Palm Beach
County that looking at this amendment have said within a certain timeframe if this passes
they will file Chapter 11.
Mayor McDuffie stated the item is to consider a resolution not to support
Amendment 4 to the Florida Constitution which if adopted would create additional
inequities in Florida's tax system by granting certain tax breaks to some taxpayers at the
expense of others.
Mr. Frankel moved to approve Resolution No. 51 -12, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr.
Carney — No; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion
passed with a 4 to 1 vote, Commissioner Carney dissenting.
II.A. City Manager's response to prior public comments and inquiries.
The City Manager had no comments or inquiries on non - agenda items.
At this point, the time being 7:51 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.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 within the Old School
Square Historic Arts- District (OSSHAD) located south of the east -west alleyway within
Block 69. If passed, a public hearing will be held on October 16, 2012.
The caption of Ordinance No. 32 -12 is as follows:
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 BLOCK 69 OF THE OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT ZONE;
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office.)
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 32 -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 a city -
initiated text amendment to the LDR's Section 4.6.9(E)(3)(b) pertaining to in -lieu fees for
properties within a portion of Block 69 and the Old School Square Arts District. Mr.
Dorling stated currently it is in Area 2 which is subject to a $15,600 fee. Staff
recommends that it be put into Area 3 which has a lower in -lieu fee of $7,800. Mr.
Dorling stated the proposal is to incentivize redevelopment in the OSSHAD District. He
stated the Historic Preservation Board (HPB) considered this request and their
recommendation was that while the higher fees apply along Atlantic Avenue it would
only be for properties that are non - contributing properties. Mr. Dorling stated the last
survey did suggest that all six of those properties be designated contributing properties
and four of six properties opted out and that was approved by the City Commission.; the
two end properties did get a contributing status. He stated this was seen as an additional
incentive to bring other people in and give them a benefit.
At its meeting of September 24, 2012, the Planning and Zoning Board
agreed that this would be a better incentive if we included the entire block and the
properties along Atlantic Avenue if they were contributing would enjoy the 7,800 feet
and for those that chose not to be non - contributing they would continue to have the
higher fee assessed to them. At its meeting of September 27, 2012, the Parking
Management Advisory Board (PMAB) considered Ordinance No. 32 -12 and the Board
recommended that there be a ninety (90) day window for those properties on Lots 1 -6
which are not currently classified as contributing in the LDRs to opt in to being
reclassified as contributing.
Mr. Dorling stated he does not recommend incorporating that language at
this time because staff is going to be doing some resurveys. He stated if the Commission
supports this he agrees in looking at the ordinance as written we need to add some
additional language in Area 2 to make it clear that the Lots 1 -6 that were non-
contributing would have the higher fee and those that were contributing would have the
lower fee. Mr. Dorling stated if the Commission is in agreement he asked that they
continue it so that he can tweak the language and come back for first reading at a
subsequent meeting.
The City Attorney stated if the Commission wants to adopt it on first
reading then staff can make the change and have the corrective language for the
Commission on second reading.
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Mr. Jacquet asked for clarification as to whether we would want the lower
price on the south side as opposed to on the north side. Mr. Dorling stated until about
five years ago this entire block area was part of Area 3. Mr. Dorling stated the balance of
this property is CBD (Central Business District). He stated the original thought pattern
was that those properties maybe along Atlantic Avenue should be consistent with the
CBD but at that time the entire block was taken in and assessed. Mr. Jacquet stated he
feels that. block (southeast corner of Swinton Avenue and Atlantic Avenue) belongs in
CBD. Mr. Dorling stated Area 2 would continue to have those properties that are along
Atlantic Avenue be consistent and treated similarly to shoes in the CBD. He stated this
ordinance would take that balance and 'incorporate it into the CBD properties and treat it
similarly to properties north and south. Mr. Jacquet stated he does not understand why
we are trying to put it into OSSHAD. Mr. Dorling stated it is zoned OSSHAD and what
is being suggested is that it be treated similarly to OSSHAD not downtown. Mr. Dorling
stated it is OSSHAD zoned property that is being assessed a CBD as downtown. Mr.
Jacquet stated if the City wants to incentivize development Area 2 is the place the City
needs to focus on.
Mr. Carney stated he is trying to understand why the City initiated this
change. Mr. Dorling stated it was to level the playing field in that block to the balance of
the OSSHAD zoning district. Mr. Carney stated he concurs with Commissioner Jacquet.
Mrs. Gray stated she concurs with comments expressed by Commissioner
Jacquet and Commissioner Carney.
Mr. Dorling stated with regard to incentives a $7,800 in -lieu parking fee
for a space in the OSSHAD is an incentive versus $15,600. He stated the other Boards
took this as a step in providing additional incentives. Mayor McDuffie stated cutting the
in -lieu in half is a tremendous incentive. Mr. Dorling stated if they retain their non-
contributing status which they opted out of they would be subject to the higher fee of
$15,600.
Mr. Frankel asked if he should abstain from voting since his office is
there. The City Attorney clarified that the only way Mr. Frankel can abstain is if
something would inure to his financial gain or loss.
At this point, Commissioner Frankel left the dais.
Mr. Carney moved to approve Ordinance No. 32 -12 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney —
No; Mr. Jacquet — No; Mrs. Gray — No; Mayor McDuffie — No. Said motion was
DENIED with a 4 to 0 vote.
At this point, the time being 8:15 p.m., Mr. Frankel returned to the dais.
12.11. ORDINANCE NO. 35 -12: Consider an ordinance calling for a
referendum on proposed revisions to the Charter of the City of Delray Beach to clarify
and enhance the Charter's readability; providing for a referendum election to be held on
March 12, 2013. If passed, a public hearing will be held on October 16, 2012.
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The City Attorney read the caption of the ordinance.
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING FOR CHARTER REVISIONS 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 "; SECTION 4.02, "APPOINTMENT;
REMOVAL; COMPENSATION ", SUBSECTION (C),
"REPLACEMENT"; SECTION 4.05, "BUDGET
PROCEDURE ", SUBSECTION (D), "PUBLIC
HEARING", SUBSECTION (E), "BUDGET
ADOPTION /APPROPRIATIONS ", SUBSECTION I,
"AUDIT''; SECTION 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 ON MARCH 12,
2013; PROVIDING FOR A REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 35 -12 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated this would
correct some grammatical errors and clarify some language in the Charter to make it
easier to read and understand. The City Attorney stated if the Commission approves this
ordinance the second reading would be on October 16, 2012 subject to passing on
referendum on March 12, 2013 before it becomes effective.
Mr. Frankel stated he is support of all five (5) ordinances to get it to public
comment.
Mr. Jacquet clarified that there is no substantive changes. The City
Attorney stated there are some things that staff has tried to clarify such as publishing the
entire budget and staff clarified where they would make it available to the public. Also,
the City Attorney stated staff also tried to address something that West Palm Beach dealt
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with not too long ago where they had a Commissioner who passed away before he
assumed office; however, he had been elected.
Mr. Frankel moved to approve Ordinance No. 35 -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. 36 -12: Consider an ordinance calling for a
referendum on proposed revisions to the Charter of the City of Delray 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.
The caption of Ordinance No. 36 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING FOR CHARTER REVISIONS BY
AMENDING 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 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; PROVIDING FOR A REFERENDUM ON
MARCH 12, 2013; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 36 -12 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated currently
the Commission has two (2) year terms with a maximum of six (6) consecutive years. He
stated this ordinance would change the terms to a three (3) year term but still retain the
maximum six (6) consecutive years.
Mr. Carney moved to approve Ordinance No. 36 -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 — No.
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Said motion was approved with a 4 to 1 vote, Commissioner Jacquet dissenting.
12.D. ORDINANCE NO. 37 -12: Consider an ordinance calling for a
referendum on proposed revisions to the Charter of the City of Delray 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 passed, a public hearing will be
held on October 16, 2012.
The caption of Ordinance No. 37 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING FOR CHARTER REVISIONS 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; PROVIDING AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 37 -12 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated currently in
the Charter it provides that the only way to remove the City Manager is four (4) votes and
this ordinance would reduce it to a simple majority which is three (3).
Mr. Jacquet stated.he has voiced his opposition to this ordinance because
as he previously mentioned this effectively politicizes the position of City Manager. He
stated the five Commissioners are already in a political position and have to face the
public for certain decisions. Mr. Jacquet stated he does not feel it is right in their
decision making to have a City Manager that sits on the dais as an elected official. Mr.
Jacquet stated this makes the City Manager walk on eggshells and cater to the
Commission and a simple vote of 3 to 2 can end the tenure of a City Manager. He stated
he agrees that the City Commission should have the authority to fire the City Manager
but he does not think it should be with a simple majority vote. Mr. Jacquet stated he is
not in favor of this because he feels this makes our City Manager a political position as
opposed to what we need which is a Chief Operating Officer.
Mr. Carney stated you have to have faith in fellow Commissioners to do
the right thing and disagrees on one point with Commissioner Jacquet and that is the City
Manager does work for the Commission and accordingly is subject to the Commission's
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wishes and desires. Mr. Carney stated he is in favor of moving this ordinance to second
reading.
Mrs. Gray stated she too is not in support of the majority vote. She stated
she believes in super majority not simple majority.
Mr. Frankel stated he will support this ordinance for the purposes of
getting it to the public hearing portion.
Mayor McDuffie stated he supports this to get it to a second reading. He
stated because the Charter Review Committee had some issues the Commission is going
to honor what they did and put this through to a public hearing. Mayor McDuffie stated
he does not believe that a simple majority removes a City Manager anywhere.
Mr. Frankel moved to approve Ordinance No. 37 -12 on FIRST Reading,
seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray —
No; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — No; Mr. Frankel — Yes.
Said motion passed with a 3 to 2 vote, Commissioner Gray and Commission Jacquet
dissenting.
12.E. ORDINANCE NO. 38 -12: Consider an ordinance calling for a
referendum on proposed revisions to the Charter of the City of Delray 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 which 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.
The caption of Ordinance No. 38 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING FOR CHARTER REVISIONS BY
AMENDING SECTION 3.09, "TERM LIMITS ",
SUBSECTION (A), "TERM LIMIT "; TO PROVIDE
THAT THE MAXIMUM TIME PERIOD ALLOWED TO
HOLD OFFICE, SIX YEARS, SHALL NOT APPLY IN
THE CASE OF A COMMISSIONER WHO ASSUMES
THE OFFICE OF MAYOR, IN THAT CASE THE TIME
SPENT HOLDING OFFICE AS A COMMISSIONER
SHALL NOT COUNT TOWARD THE SIX YEAR
MAXIMUM TIME LIMIT; PROVIDING FOR A
REFERENDUM ON MARCH 12, 2013; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
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(The official copy of Ordinance No. 38 -12 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. He stated this
ordinance provides that whenever there is a Commissioner who would move up to the
office of Mayor, the time spent as Commissioner would not count for the six (6) year
maximum time limit. The City Attorney stated this does not count if someone is a Mayor
and wants to move down to the office of Commissioner; they would not get an extension
of time in that regard.
Mrs. Gray expressed concern over this ordinance and feels that the
Mayor's position would be treated as a special privilege. She stated there are only five
cities in the area that are term limited. Mrs. Gray stated if there is going to be more time
for a Mayor she feels we should have more time for the Commission as well otherwise
not have term limits and vote every 2 -3 years. Mrs. Gray stated if the term limits are
going to be extended they should be extended for everyone.
Mayor McDuffie stated he does not approve of the term limits and as
Commissioner Gray commented most of the cities in Palm Beach County have no term
limits.
Mr. Frankel moved to approve Ordinance No. 38 -12, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr.
Carney — Yes; Mr. Jacquet — No; Mr. Frankel — Yes; Mrs. Gray — No. Said motion
passed with a 3 to 2 vote, Commissioner Jacquet and Commissioner Gray dissenting.
12.F. ORDINANCE NO. 39 -12: Consider an ordinance calling for a
referendum on proposed revisions to the Charter of the City of Delray Beach to amend
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. If passed, a
public hearing will be held on October 16, 2012.
The caption of Ordinance No. 39 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING FOR CHARTER REVISIONS 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
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SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 39 -12 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated the
ordinance provides for removing from the Charter the prohibition on reducing the City
Manager's salary.
Mr. Carney moved to approve Ordinance No. 39 -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 — No; Mayor McDuffie — Yes.
Said motion passed with a 4 to 1 vote, Commissioner Gray dissenting.
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
13.A. City Manager
With regard to the pool, the City Manager stated should the majority of the
Commission choose to not close the Delray Swim and Tennis Club pool the money is still
in the budget.
Secondly, with regard on the super majority vote, the City Manager stated
one of his concerns he has in recruitment is the statutory limit now on severance pay of
20 weeks. The City Manager stated it is common for managers to have as much as a year
in severance pay if you are moving from out -of -state or dislocating your family and then
you can only get 20 weeks of severance and you can be fired on a 3 to 2 vote. He stated
there may be ways of working around severance such as giving someone a vacation
balance at the time they are hired instead of having to earn it. The City Manager stated it
has the potential of making the position more political in the sense that the Manager is
often the face for the Commission action; a good manager supports the Commission
whether he thinks the Commission is right or wrong. The City Manager stated people in
the community see the manager as doing these things when you are really doing the
bidding of the Commission. The City Manager stated so you have an election where you
have three new people elected and are elected by people who did not like what the
previous Commission was doing but they hold the City Manager accountable for it so
they come into office and fire the manager. He stated you see so often where you get a
new Commission elected and they fire the Manager within the first month or two.
Lastly, the City Manager stated he will get the naming facilities
information to the Commission.
B.B. City Attorney
The City Attorney had no connnents or inquiries on non - agenda items.
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13.C. City Commission
U.C.I. Mr. Jacquet
Mr. Jacquet had no comments or inquiries on non - agenda items.
13.C.2. Mr. Carney
Mr. Carney asked how much is it going to cost the City to maintain the
pool if it is closed. The City Manager stated the cost for the City to maintain the pool is
$10,000412,000. Mr. Carney confirmed that there is still a $70,000 plus savings.
Secondly, Mr. Carney stated he is following up on comments expressed by
Commissioner Gray last week and she commented about the contracts that are being
entered into by the Parks and Recreation Department. Mr. Carney stated some of these
contracts he has not seen at the Commission level and he would like to clarify the
process. Mr. Carney stated he would like to see all the contracts that Parks and
Recreation has done for the last three years to see who is signing these contracts and see
what they say.
Lastly, Mr. Carney stated now that the City of Delray Beach is under the
jurisdiction of the County's Ethics ordinance and the Inspector General (IG) he believes
that transparency is important at all levels of government to spend tax dollars_ Therefore,
Mr. Carney requested that the City Manager draft a letter for the Mayor's signature
asking the Delray Beach Housing Authority (DBHA), the Community Redevelopment
Agency (CRA), and the Downtown Development Authority (DDA) to join with the City
by putting their staffs and boards subject to the Ethics Commission and the Inspector
General (IG). Mr. Carney stated these are three very good boards that do great work but
they spend millions of dollars of taxpayer money and he feels it is imperative as a matter
of transparency that every single board in this city be subject to the same rules. The rest
of the Commission supports Mr. Carney's suggestion.
13.C.3. Mayor McDuffre
Mayor McDuffie spoke about transparency and other boards being subject
to the Ethics Commission and the Inspector General (IG). Mayor McDuffie stated with
regard to Mr. Carney's suggestion he feels this is another step toward transparency for
our citizens because everyone that handles millions and millions of dollars of tax money
should have the same accountability.
13.C.4. Mrs. Gray
Mrs. Gray requested if some of the information on the City's website
could stay updated.
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Secondly, Mrs. Gray asked if both sides of NW /SW 5h Avenue are the
historical business district. The City Manager stated it is a historic business district of the
black community; however, it is not designated as a historic district. Mrs. Gray asked if
this could be a designated district. The City Manager stated staff would need to check
into this to see if it can be done.
Mrs. Gray asked if there is an ordinance against hanging clothes on fences
to dry. The City Manager stated this is a violation and staff will look into this.
She stated the City, CRA, and everyone has been doing an awesome job
with economic development. Mrs. Gray stated the Economic Development Director
should be housed in City Hall instead of the CRA. The City Manager stated the
Economic Development Director is an employee of the CRA.
Lastly, Mrs. Gray asked if the Commission would agree to move forward
with having some type of study regarding the tennis stadium. The City Manager stated
he asked Mark Baron to attend the Commission Workshop meeting next week and
discuss his vision and the ideas he has been working on about funding for the tennis
stadium and how it fits with the Community Center.
B.C.5. Mr. Frankel
Mr. Frankel reported that this weekend he will be traveling to see Urban
Meyer in Columbus, Ohio for the Ohio State vs. Nebraska game.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 8:44 p.m.
ATTEST:
�C.
MAYO
JL
City Clerk
-D
10/02/12
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 2012, which Minutes were formally approved and adopted by the City Commission on
November 6, 2012.
r.J
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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