11-20-12 Regular City Commission MinutesNOVEMBER 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., Tuesday, November 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 Paula Hayward, member
of the Delray Beach Interfaith Clergy Association.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4: .................... ..........AGENBA-APPROV-:iAL:.... _........_._... _ ........._.................... ..._....._.......... _.. _............_._............_
Mr. Frankel requested that Item 8.0.1., Bid Award to Palm Beach
Raker be removed from the Consent Agenda.
Mrs. Gray requested that Item 10.G., Policy on Naming Public
Facilities, be postponed to the meeting of December 4, 2012.
Staff noted the addition of Item 10.1., Revised Ap-reement/Town of
Highland Beach, by addendum.
Mr. Frankel moved to approve the Agenda as amended, 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.
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5. APPROVAL OF MINUTES:
Mrs. Gray moved to approve the Minutes of the Special /Workshop
Meeting of September 11, 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; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to approve the Minutes of the Workshop Meeting of
October 9, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet —
Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
Mr. Frankel moved to approve the Minutes of the Regular Meeting of
October 16, 2012, seconded by Mr. Jacquet. 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.
Mrs. Gray moved to approve the Minutes of the Special Meeting of
November 2, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes;
Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. World AIDS Day — December 1-7,2012
Mayor McDuffie read and presented a proclamation hereby proclaiming
December 1 -7, 2012 as World Aids Awareness Week. Laurence Osband came forward
to accept the proclamation and gave a few brief comments.
7. PRESENTATIONS:
7.A. None
8. CONSENT AGENDA: City Manager Recommends Approval.
S.A. REQUEST FOR A SIDEWALK DEFERRAL /936 BANYAN DRIVE:
Approve an agreement to defer installing a sidewalk in front of the property located at
936 Banyan Drive.
S.B. REQUEST FOR A SIDEWALK DEFERRAL/ 972 FERN DRIVE:
Approve an agreement to defer installing a sidewalk in front of the property located at
972 Fern Drive.
8.C. REQUEST FOR A SIDEWALK EASEMENT AGREEMENT/LIZ
REALTY, LLC: Approve a sidewalk easement agreement with Liz Realty, LLC. for the
property located at 445 East Atlantic Avenue to satisfy the corner clip requirement.
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8.1). RESOLUTION NO. 54 -12: ABANDONMENT OF DRAINAGE
EASEMENT: 1207 HAMMOND ROAD: Approve Resolution No. 54 -12 to abandon
a 12' wide drainage easement for Lane Subdivision located at 1207 Hammond Road.
The caption of Resolution No. 54 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF A DRAINAGE
EASEMENT LOCATED ON THE PROPERTY AT 1207
HAMMOND ROAD, DELRAY BEACH, FLORIDA,
AND AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE
DATE.
(The official copy of Resolution No. 54 -12 is on file in the City Clerk's
office.)
8.E. RESOLUTION NO. 55 -12: ABANDONMENT OF DRAINAGE
EASEMENT: 1211 HAMMOND ROAD: Approve Resolution No. 55 -12 to abandon
a 12' wide drainage easement for Lane Subdivision located at 1211 Hammond Road.
The caption of Resolution No. 55 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF A DRAINAGE
EASEMENT LOCATED ON THE PROPERTY AT 1211
HAMMOND ROAD, DELRAY BEACH, FLORIDA,
AND AS MORE PARTICULARLY- DESCRIBED IN
EXHIBIT "A "; AND PROVIDING FOR AN EFFECTIVE
DATE.
(The official copy of Resolution No. 55 -12 is on file in the City Clerk's
office.)
8.F. CORRECTION TO A LINE ITEM FOR THE CONTRACT
AWARD TO FOSTER MARINE CONTRACTORS, INC.: Approve a correction
to a line item for the contract award to Foster Marine Contractors, Inc., to reduce the
amount from $84,445.00 to $79,455.00 for the construction of roadside swales along
N.W. 7th and 12th Streets and N.W. 3rd and 5th Avenues in the Lake Ida Neighborhood.
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8.G. CONTRACT CLOSEOUT (CHANGE ORDER NO.
5/FINAUFOSTER MARINE CONTRACTORS, INC. /AUBURN AVENUE
IMPROVEMENTS: Approve a Contract Closeout (Change Order No. 5 /Final) in the
amount of a $42,718.43 decrease and final payment in the amount of $43,828.47 to
Foster Marine Contractors, Inc. for completion of the Auburn Avenue Improvement
Project. Funding is available from 334 - 3162 -541 -68.65 (General Construction Fund:
Other Improvement/Auburn Avenue Improvement) and 442 -5178 -536 -68.50 (Water &
Sewer Renewal & Replacement Fund: Improvements Other/Water Main — S.W. 12th &
13th Avenue).
S.H. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB=
RECIPIENT FUNDING AGREEMENT/FAIR HOUSING CENTER OF THE
GREATER PALM BEACHES, INC.: Approve and authorize execution of a Sub -
Recipient Funding Agreement with the Fair Housing Center of the Greater Palm Beaches,
Inc. under the Community Development Block Grant (CDBG) program for FY 2012-
2013, with total funding in the amount of $6,000.00. Funding is available from 118 -1966-
554- 82.12 (Neighborhood Services: Other Current Charges /Promotion of Fair Housing).
B.I. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB -
RECIPIENT FUNDING AGREEMENT/ACHIEVEMENT CENTERS FOR
CHILDREN AND FAMILIES: Approve and authorize execution of a Sub - Recipient
Funding Agreement with Community Child Care Center (d/b /a Achievement Centers for
Children and Families) under the Community Development Block Grant (CDBG)
program for FY 2012 -2013, with total funding in the amount of $55,970.00. Funding is
available from 118 - 1966 - 554 -82.09 (Neighborhood Services: Aid to Private
Organizations /Child Care Center).
U. DISASTER RECOVERY INITIATIVE AGREEMENT/PALM
BEACH COUNTY: Approve an Agreement between the City and Palm Beach County
for the Disaster Recovery Initiative (DRI) Program for the Auburn Avenue Project.
Funding is available from 334 - 3162 - 541 -68.85 (General Construction Fund: Other
Improvement/S.E. 2nd Avenue Parking) and 441 - 5178 -536 -68.50 (Water and Sewer
Fund: Professional Services /Other Professional Services).
B.K. AMENDMENT NO. 4 TO THE CONTRACT FOR SALE AND
PURCHASE: 2707 S.W. 2"'D STREET: Approve Amendment No. 4 to the Contract
for Sale and Purchase between the City and Santiago Gutierrez to extend the closing date
to November 30, 2012 for the sale of Neighborhood Stabilization Program (NSP)
property located at 2707 S.W. 2 "a Street.
8.L. AMENDMENT NO. 4 TO THE CONTRACT FOR SALE AND
PURCHASE: 810 N.W. 21"'
1 WAY: Approve Amendment No. 4 to the Contract for
Sale and Purchase between the City and Jarrod Levins to extend the closing date to
December 15, 2012 for the sale of Neighborhood Stabilization Program (NSP) property
located at 810 N.W. 21St Way.
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S.M. TERMINATION OF OFF -SITE PARKING AGREEMENT/
MACMILLAN INVESTMENT LIMITED PARTNERSHIP/NINETEEN
NORTHEAST, LLC.: Approve Termination of Off Site Parking Agreement between
MacMillan Investment Limited Partnership, Nineteen Northeast LLC and the City of
Delray Beach for twenty -three (23) extra spaces for the building, located at 19 N.E.
3rd Avenue.
8.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period November 5, 2012 through November 16, 2012.
8.0. AWARD OF BIDS AND CONTRACTS:
1. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
2. Purchase award to Southeastern Wastewater Equipment Corp.
d/b /a Southeastern Pump in the estimated annual amount of
$82,876.00 for the purchase of various models and sizes of
submersible wastewater pumps "as needed" for Utilities
Maintenance. Funding is available from 441 - 5144 -536 -46.20
(Water & Sewer Fund: Repair & Maintenance Service/Equipment
Maintenance).
3. Purchase award to Tanner Industries at an estimated annual cost of
$42,000.00 for Anhydrous Ammonia for the Water Treatment
Plant. Funding is available from 441 - 5122 -536 -52.21 (Water and
Sewer Fund: Operating Supplies /Chemicals).
4. Purchase award to Ferguson Enterprises, Inc. in the amount of
- $44;303:43 -for-water mairi - materials -to be installed -byllre- City's
in -house construction crew for the N.E. 8t' Avenue Water Main
Project. Funding is available from 442 - 5178 -536- 68.92 (Water &
Sewer Renewal & Replacement Fund: Improvements Other/N.E.
83' Avenue).
5. Purchase award to Fisher Scientific Company, LLC in the amount
of $26,243.52 for eight (8) Scott RIT -PAK III Emergency Air
Supply Systems. Funding is available from 001- 2315 -526 -64.90
(General Fund: Machinery /Equipment/Other Machinery/
Equipment).
Mr. Frankel moved to approve the Consent Agenda as amended, 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.
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9. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS FROM
THE PUBLIC - IMMEDIATELY FOLLOWING THE CONSENT AGENDA.
9.B. From the Public.
9.B.1. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483,
congratulated the Commission for the decision on Atlantic Plaza II.
9.B.2. Steve Blum, Antilles Homeowners' Associations 115 Venetian Drive
Unit "C", Delray Beach, FL 33483, urged the Commission to not trust any parking
studies or traffic studies paid for by the Atlantic Plaza II builders, do not trust any
parking studies or traffic studies paid for by anyone like himself opposing Atlantic Plaza
R. Mr. Blum urged the Commission to spend some time in the next couple of weeks at
Veteran's Park and asked where are all these people going to park when 100% of the
parking spaces are gone. He stated there will be no place for people to park and the park
will go down the tubes. Mr. Blum stated if it does not fit the Commission must not
permit it.
9.B.3. Ron Brito, 2559 Webb Avenue, #2, Delray Beach, FL 33444/2720 S.E.
T7—Street, Boynton Beach, FL 33435, stated an issue came up with an "AA" group that
he started at the beach about 15 years ago that is held every Saturday. Mr. Brito stated it
started off just Saturday mornings from 7:00 a.m. – 8:00 a.m. and last week the Police
informed them that it was an illegal gathering and that they could no longer meet unless
they got a permit. He stated they have no problem with getting a permit or abiding by the
rules. Mr. Brito stated they started off with about 5 -6 people and during season they can
getup to 100 people.
9.B.4. Pauline Moody, 609 S.W. Stn Avenue, Delray Beach, FL_ 33444 urged
the Commission to vote "no" on Atlantic Plaza II on December 4, 2012. Ms. Moody
asked if the City has a directory of transient residential properties and which ones are
actually state and federal licensed to operate. She stated some of the rehabbers who
cannot pay are in the street because they are being kicked out.
9.B.5. Tonva Cajuste, 2222 N.E. Yd Avenue, Delray Beach, FL 33444
(sneaking on behalf of the Palen Beach County Guardian Ad Litem Program), stated
the program is a force of volunteers who advocate on behalf of children who have been
abused, neglected, or abandoned by their caregivers. She stated the program began in the
State of Florida in 1980; in 1984 Palm Beach County adopted the program and began
with 15 volunteers and today the volunteer base is approximately 400. Ms. Cajuste
requested that the City Commission sign a resolution in support of the Guardian Ad
Litem Program of Palm Beach County.
9.B.6. Shakeila Poule, 2085 N.W. 46th Avenue #204, Lauderhill, FL 33313
(sneaking on behalf of the Palm Beach County Guardian Ad Litem Program),
invited the Commission and their families to the Kickoff Party on December 7, 2012,
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9.13.7. John Bennett, 137 Seabreeze Avenue, Delray Beach, FL 33483, stated
he would like to see signs posted in advance for the municipal election and noted that an
official word from the City would be a good reminder.
9.A. City Manager's response to prior public comments and inquiries.
The City Manager stated at a previous meeting Mr. Bennett had expressed
concern because on one occasion when the barrier island was evacuated he called the
Police Department and they were uncertain whether or not the evacuation order had been
lifted. The City Manager stated that is an internal communication problem that should
not happen and suggested that residents on the barrier island register with Code Red
which they can do on the City's website. He stated Code Red is used to call people to let
them know that the evacuation order has been lifted. The City Manager stated the City's
Public Information Officers are available 24/7 during an emergency that man phones and
answer questions. Staff will make every effort to be sure that evacuation orders are
communicated clearly to dispatch so they know whether they are still on or whether they
have been lifted.
Secondly, with regard to Mr. Ridley's concerns about the redevelopment
in the southwest section (Villages at Delray), the City Manager stated the policing unit
has met with Mr. Ridley concerning his complaints about the Village at Delray and Mr.
Ridley requested a meeting with Chief Goldman, Captain Sims, and Sergeant
Weatherspoon along with several community members and that meeting will be set up
and staff will let the Commission know the outcome of that meeting. The City Manager
stated the Police Department has not observed the kinds of problems that Mr. Ridley is
concerned about. With regard to the issue that Mr. Brito is referring to, the City Manager
stated the report that he received is the problem seems to be resolved and the "AA" group
agreed to move the - meeting--to - -- Atlantic -- Dunes- Park --and - representatives. -were very.
respectful and cooperative. The City Manager stated Andre Fladell, Marc Woods, and
Stan from the City were in on the discussion Sunday morning. The park opens early
enough to accommodate parking and bathrooms thus resolving those issues as well as
being off the volleyball courts. The City Manager suggested that Chief Strianese discuss
this with Mr. Brito so that he is aware of everything that has been done and what the
options are.
At this point, the time being 6:32 p.m., the Commission moved to Item
10, Regular Agenda.
10. REGULAR AGENDA:
N.A. PROVIDE DIRECTION REGARDING PENSION FUND
MANAGEMENT: Provide direction regarding the management of pension fund plans.
Mr. Carney stated he would like a better understanding as to why the
performance /rate of returns in the Police and Fire Pension were materially lower than the
returns in the City's Pension Fund.
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Mr. Frankel recognized members of the Police and Fire Pension Board
who are in attendance this evening and John from the Bogdahn Group. Mr. Frankel
distributed a copy of the October 2011 - September 30, 2012 where the return on
investment was $18,978,460.
John Breth with Bogdahn Group, Investment Consultant to the
Delray Beach Police and Fire Pension Plan, stated they were hired in 2006 to take over
management of the portfolio and in 2006 /2007 they began enacting some changes to the
overall asset allocation of that plan. Mr. Breth stated he does not know what is in the
General Employee's Pension Plan but in affect it is a portfolio that is invested primarily
in U.S. stocks (60 %) and the remainder is in the U.S. Bond market (40 %); the Police and
Fire Pension Plan had a similar allocation when the Bogdahn Group began working with
them in late 2006 /early 2007. Mr. Breth stated at that time they worked with them to
educate the Board on other asset classes and diversification options that they felt would
broaden their opportunities set for the plan as well as increase the potential rate of return
for the plan. He stated that led to investments in real estate, timber, increase to the
international equity allocation, and more recently into diversifiers such as manage futures
and global fixed income. Mr. Breth stated the years where there were significant
divergence in rates of return were in fiscal year 2008/2009. The real estate market saw
significant declines in price in 2008/2009 and that impacted the plan. He stated the
decision was made to keep those investments because the decision was made that the
opportunity set going forward in those investments outweighed reallocation back to the
bond market. Mr. Breth stated moving forward in the last 3 years the real estate portfolio
has outperformed the bond market. He stated the primary difference over the last fiscal
year where the Police and Fire Pension Plan was up over 17% and the General Plan was
up a little over that was the Police and Fire's Plan to undertake their investment in
equities down.
Mr. Carney stated he is concerned and wants to ensure that we are always
doing the best we can.
Mr. Frankel stated all nine (9) members of the Board represent the City
meeting 4 -5 hours at a time and seeking information to do the best. He stated it is
attributable and points to the $19,000,000 return on the Plan's investment. Mr. Frankel
stated the contributions were $10.2 million and the distributions were $10.9 million and
this was a great year.
Mrs. Gray asked why the City has to make up the difference in the loss.
The City Manager stated the City is required to this according to State law.
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10.B. TRI -PARTY INTERLOCAL AGREEMENT FOR THE RELEASE
OF RIGHT OF REVERTER ENCUMBERING REAL PROPERTY RELATIVE
TO THE OLD LIBRARY SITE AND CHAMBER RELOCATION/ COMMUNITY
REDEVELOPMENT AGENCY (CRA): Consider approval of the Tri -Party
Interlocal Agreement for the Release of Right of Reverter Encumbering Real Property
Relative to the Old Library Site and Chamber Relocation with Community
Redevelopment of Agency (CRA).
Brian Shutt, City Attorney, stated at the October 9, 2012 Workshop
meeting the Commission directed staff to come back with an agreement. Mr. Shutt stated
there was a Tri -Party Interlocal Agreement between the City, CRA, and the Chamber
regarding the transfer of the property at the Old Library site and the Chamber property at
the old library site. He stated it was stated in the agreement that if the CRA did not close
with the developer on that property that would trigger the reverter of the City parcels
back to the City and the lease agreement that had been assigned by the Chamber or the
City to the CRA regarding the Chamber property. The City Attorney stated this
agreement removes the reverter clause where the property will not come back to the City
but it will stay under the ownership of the CRA and it also provides for the lease
agreement with the Chamber in its current location now to remain with the CRA for a
certain period of time. The City Attorney briefly reviewed the highlights of the new
agreement.
Mr. Carney stated the new agreement seems financially better for the City
than the previous agreement and thanked the CRA for their efforts to address those
concerns.
Mrs. Gray concurs that this is a much better agreement and asked about
_the_331.5 000 --per year for the -space -the- City-was-to receive. - The - City -Attorney stated that
was for the in -lieu parking that the developer was going to provide and that is no longer
part of this agreement.
Diane Colonna, Executive Director of the Community Redevelopment
Agency (CRA), stated the $315,000 where the CRA was contributing that amount to
make up the difference between what the developer was paying for the space and what
the value was at $215 a square foot in paying for the relocation space. Ms. Colonna
stated there was an in -lieu payment in the amount of $315,000 that was coming from the
developer as a one -time payment.
Mrs. Gray asked why the City is going with such a long period of time to
pay back the $2 million. In response, the City Attorney stated this is why the provision is
in the agreement on the 50% net of proceeds. For example, the City Attorney stated if
the CRA sells the City parcels in a deal with a developer in the next couple of years then
50% of the net proceeds that the CRA would get from that sale would immediately come
to the City and if there is any remaining amount that they would still owe the City they
could still pay that over ten years.
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Ms. Colonna stated it is hard to say if the CRA will get market value for
the property and noted there is a requirement still that whoever proposes to develop there
is going to have to provide 50 public parking spaces either on -site or elsewhere.
The City Attorney stated the payment will start within one year of the City
executing this agreement. He stated if they make 3 or 4 payments each year and then 3 or
4 years from now they sell the property and receive money for that then at that point the
City would be entitled to 50% of the net proceeds up to the amount of money that is still
owed to us that might pay -off this amount at that point in time but if it does not the CRA
would still have more time to pay off that amount and the payment would still be the
$266,215.24 a year.
Mr. Frankel stated he has no objection to staff recommendation.
Mr. Frankel moved to approve the Triparty Interlocal Agreement for the
Release of Right of Reverter Encumbering Real Property Relative to the Old Library site
and Chamber relocation, 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.
10.C. REVISED LEASE AGREEMENT /GREATER DELRAY BEACH
CHAMBER OF COMMERCE, INC.: Consider a revised Lease Agreement with the
Greater Delray Beach Chamber of Commerce, Inc.
The City Attorney stated there is a lease agreement that used to be
between the Chamber and the City and then assigned to the CRA. He stated if the
Commission approves this lease agreement the Chamber would relocate to the space at
Old School Square in the parking garage. The City Attorney stated this agreement still
has the original timeframe in it so it would not expire until January 9, 2061 and the rent
would still be $1.00 per year. With regard to the common area maintenance the City
would charge the Chamber about $800 per year and it would be increased by the CPI
(Consumer Price Index) each year. The City Attorney stated if the City has to do a large
maintenance program or there is structural issues with the garage then the Chamber
would also pay their proportionate share (2.7 %) and if that is over $800.00 they would
also pay a portion of that; the Chamber will also be receiving 15 parking passes that they
or their employees could use; the Chamber can have two subtenants (the two tenants that
are in there currently and if they want to have anyone else they would need Commission
approval for that); the 15 parking spaces would be used between 7 and 6 Monday- Friday
not including holidays or weekends. and the parking spaces would have to be on the
rooftop.
Mr. Frankel asked about the letter that the Commission received and asked
how this fits in. The City Attorney stated that is a proposal to purchase not only the retail
space that is currently for sale but also the Chamber space that was included in the
proposal and would essentially be the entire first floor of the parking garage.
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The City Attorney stated the tax exempt portion of the line of credit regarding the retail
space the City can sell that to a private entity and it will not mess up the taxable portion
of the other bonds that the City uses to build the garage with.
Mr. Carney moved to approve the revised lease agreement with the
Greater Delray Beach Chamber of Commerce, seconded by Mr. Frankel. Upon roll call
the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney
— Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:03 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
11. PUBLIC HEARINGS:
11.A. ORDINANCE NO. 31 -12: Consider a city - initiated amendment to
Chapter 117, "Landlord Permits ", of the Code of Ordinances, by amending Section
117.01, "Permit Required ", to remove the reference to the rental payment amount.
The caption of Ordinance No. 31 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 117, "LANDLORD
PERMITS ", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 117.01, "PERMIT REQUIRED ", TO
REMOVE THE REFERENCE TO RENTAL
.................. ..... ... ...... _ .... .... ............ ... - .......... - ...
_... p - Y -MENT ..._A1VI0i�NT; PROVIDING - -A -- SAVING....... ......_._........-- ............ -........ ...._._.....- ...........- -... -.
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 31 -12 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated this is the
ordinance change that would remove the requirement that rental payments be included in
the information that the City receives under our new landlord permit requirements that
the City enacted previously.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 31 -12,
the public hearing was closed.
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Mr. Frankel moved to adopt Ordinance No. 31 -12, seconded by Mr.
Carney. 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.
12. FIRST READINGS:
I:110096NCsm-
At this point, the time being 7:04 p.m., the Commission moved back to
Item 10.1). of the Regular Agenda.
10.1). FINANCIAL REVIEW BOARD RECOMMENDATIONS
REGARDING DELRAY BEACH MEMORIAL GARDENS MUNICIPAL
CEMETERY: Discuss Financial Review Board Recommendations regarding the
operation of Delray Beach Memorial Gardens Municipal Cemetery.
The City Manager briefly reviewed the Financial Review Board's
Recommendations regarding the operation of the Delray Beach Memorial Gardens
Municipal Cemetery.
Mr. Jacquet concurs with City staff that the responsibility for physical and
maintenance operations of the Cemetery be kept in the same Department to avoid any
confusion. In addition, Mr. Jacquet stated we have amended our policy to be more like
the City of Deerfield and asked if all of these items have been included in our policy.
Chevelle D. Nubin, City Clerk stated the City of Delray Beach requires
residents to show their regular identification that shows their Delray Beach address and if
anything further is required staff requests a utility bill from them. Ms. Nubin stated the
City Clerk's office requests the identification in regards to the deceased; the person that is
deceased has to be the resident of Delray Beach.
Mr. Carney stated he sees the response as it relates to the incremental cost
to now taking care of the books and record keeping for the cemetery. He asked if there is
additional staff. Ms. Nubin stated there is no new staff. Mr. Carney asked why the
Financial Review Board believed there were three departments working on the cemetery
but the City Clerk has indicated that there are only two involved.
Tim Simmons, Parks Superintendent, stated there is the parks budget, the
cemetery budget, and the beautification but it is all under the Parks and Recreation
Department.
Mr. Frankel thanked the Financial Review Board for their efforts and there
are some good changes but he would tend to side with the City where there are cases of
disagreements.
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Id.E. PROVIDE DIRECTION REGARDING THE FEDERAL HIGHWAY
BEAUTIFICATION PROJECT: Provide direction to reject all bids, and proceed with
re- advertising the project for bid; or award the contract to the second lowest bidder for
the Federal Highway Beautification Project.
Randal Krejcarek, City Engineer, stated staff is requesting Commission
direction on how to proceed with the construction aspect of the Federal Highway
Beautification Project. Mr. Krejcarek stated it has been since 2002 to get to this point.
Staff opened bids earlier this year after they received the okay from FDOT (Florida
Department of Transportation) to move forward. Mr. Krejcarek stated FDOT was asked
to review the bids and they identified some anomalies in the bid and they asked the
apparent low bidder to send them a letter stating that they would honor their bids. He
stated for approximately 5 weeks staff has been trying to get the apparent low bidder to
come up with that letter. Staff met with the apparent low bidder a few weeks ago and
they indicated that there are some issues with their subs prices and the letter would not be
forthcoming. Mr. Krejcarek stated at that time staff also contacted the apparent #2 low
bidder and they sent staff a letter as far as holding their prices if the City decides to go
with the #2 bidder. He stated if the City goes with the apparent #2 low bidder the City
needs to come up with $1.3 million more. Mr. Krejcarek stated staff has an agreement
ready for the Commission with the CRA that would make up the balance to get us to the
lowest bidder of the bids that were received. He stated the second low bidder is $1.3
million higher than that. Mr. Krejcarek stated the second option is to reject all the bids
and go out and rebid. Staff recommends to go out and rebid because they feel they can
make a few adjustments in the contract documents; one of the things required in
documents was that the contractor may have to do some night work at the City's direction
and the apparent low bidder did not catch that part of it and their bid did not include the
night work. Mr. Krejcarek stated in May the City received the "Notice to proceed with
. ... ............. ... ..... Construction'-' -- from -FDOT- and -in -that notice he believes- it-was-direction -from- the - Federal_
Government indicated that as of November 12, 2012 the City needs to send them an
invoice for construction. He stated the City does not have a construction contract
therefore staff is not going to send them an invoice for construction. Mr. Krejcarek stated
FDOT is aware of where the City is and he asked what the possibility is of losing $2.8
million of the federal funding and they did not know; when FDOT gets requests from fed
asking the status of the project as far as spending the money they just show them the
information that they have. Mr. Krejcarek reiterated that staff recommends to rebid and
work with FDOT and the Federal Government so the City does not lose the $2.8 million.
Mr. Frankel asked if the City re -bids this project again how long would
this delay the project. Mr. Krejcarek stated approximately February 2012 asking for
award of the contract. Mr. Frankel stated if the City goes with the second low bidder
when would work start. Mr. Krejcarek stated staff would go to FDOT first to make sure
they do not have any issues because there is State funding involved and they want to
review everything first and then staff would execute the contracts by the end of the year
or early January and the project timeframe would be February /March 2013. Mr. Frankel
asked if FDOT has a position on what we do. Mr. Krejcarek stated FDOT goes on to the
second bidder.
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Mr. Frankel asked if it is Mr. Krejcarek position that the CRA will make up the
difference. In response, Mr. Krejcarek stated depending on the Commission's direction
tonight his next meeting is with the CRA to explain to them what the City is doing.
Diane Colonna, Executive Director of the CRA, stated she would not
make the assumption that the CRA will come up with the difference.
Mr. Frankel stated he would like to see this moved until he sees what the
CRA's position is.
Mrs. Gray asked if staff sends this out for an RFP if the turnaround could
be December instead of January. Mr. Krejcarek stated there are not enough calendar days
to do that because the City has to advertise for a certain number of days and that brings us
to the week of Christmas. He noted that the contractors close down at Christmas and the
City would probably not receive any responses. Mrs. Gray expressed concern that the
City will lose those dollars.
Mr. Carney stated he believes that the Federal dollars will still be there if
the City shows good faith and we are moving forward and the purpose of the delay is to
save taxpayer money to obtain a lower price. Mr. Carney supports staff s
recommendation because he is not assured that the CRA is not going to come up with the
money. Ms. Colonna stated in discussions with the low bidder she believes he can get
much closer to the price that is on the table now than the $1.3 million extra. Ms. Colonna
stated she believes he will come in with a more improved accurate bid.
Mr. Jacquet stated he does not like the delay; however, he supports staff s
recommendation on this item.
Mayor McDuffie expressed concern over the delay and stated it bothers
him that the low bidder cannot answer the questions yet but we are going to give him
another chance. Mr. Krejcarek stated the low bidder did indicate that his subcontractors
had issues with their bids after they went back and re- examined the plans because one of
the subs missed the requirement for possible night work and another sub missed
something as far where some of the electrical lines are going.
The City Attorney stated the low bidder made a mistake in their
calculations on this bid coming up but he does not believe there is anything that would
disqualify them from bidding on it again.
Mayor McDuffie expressed concern that it is going to cost the City $2.8
million and that the bidders are not responsive in the timeframe that we need them to be
responsive in.
After further discussion, the City Attorney stated the direction is to come
back with an agreement on the December 4, 2012 City Commission meeting and award
the contract to the second low bidder.
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10.F. BUILDING INSPECTOR POSITION: Provide authorization to
unfreeze a Building Inspector Position in the Community Improvement Department.
Mr. Jacquet asked if this has anything to do with the Fire position.
Mr. Frankel moved to approve to unfreeze a Building Inspector Position in
the Community Improvement Department, 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.
10.G. THIS ITEM HAS BEEN POSTPONED TO THE NEXT REGULAR
MEETING OF DECEMBER 4, 2012.
10.11. STATE AND FEDERAL LOBBYING SERVICES: Discuss State and
Federal lobbying Services.
Richard Reade, Sustainability Officer/Public Information Officer, stated
on October 16, 2012, the Commission selected Ballard Partners to provide lobbying
services for transient housing legislation. At that time, Mr. Reade stated the Commission
also expressed interest on additional lobbying services for full service lobbyist which will
also include the possibility of federal lobbying. He stated staff provided the Commission
a summary of the seven (7) firms that provided lobbying proposals. Mr. Reade explained
that most of the firms provide offices in Tallahassee as well as locally and a few of the
firms only provide offices either in Lakeland or Tallahassee. He stated all firms will
provide lobbying services for the legislative branch as well as the executive and state
agencies. In addition, Mr. Reade stated many of them will provide lobbying services to
- the- local-agencies-- sueh--as- the - County -or-- the- loeal -Anny -Corp: -He- stated- staff found hat -.
most of the firms will assist the City with the development of our Legislative Policy
Agenda for this upcoming year and will come to the Commission either by telephone, in
person or provide other types of updates on the status of our legislative policies. Mr.
Reade stated most of the cost is on an annual basis and there is one firm that would
provide costs more on the term of the legislative session (Weiss, Handler & Cornwell)
and the firms will provide Federal services to the City as well with the cost that is
provided; Ballard Partners would provide State lobbying services; Capitol Alliance would
provide State and Federal and would be willing to lower their cost to $30,000 annually;
Ericks Consultants State and Federal; Florida Strategic Group State and Federal for the
1st year only; Greenberg Taurig, Ronald Book would be State only; Weiss, Handler &
Cornwell would be State only and their Federal lobbying costs would be based on the
type of assignment. Mr. Reade stated all the firms received good references.
Mr. Carney asked if Ballard Partners would be an additional $45,000. Mr.
Reade stated this is correct.
Mr. Reade stated under Ericks Consultants it mentioned that Candice
Ericks one of the partners would not be able to lobby in Palm Beach County at the local
level because they represent Palm Beach County.
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Mrs. Gray commented about Weiss, Handler & Cornwell and asked Mr.
Reade to elaborate a little more on this firm. Mr. Reade stated they would require a
separate contract and it is based on the type of lobbying services the City would want
them to do and noted they were unable to give the City a fixed cost for a year for the
Federal lobbying services.
Brief discussion by the City Attorney and the Commission followed.
Mr. Jacquet stated he would like to have a good list of issues that we want
to address on the Federal level when selecting the Federal lobbyist.
Mr. Frankel stated regarding State lobbying services he would prefer
someone that has represented localities nearby and Weiss, Handler & Cornwell fits that.
He stated he is looking at cost, experience, and location.
Mr. Jacquet stated he is not sure if other firms have been present but
commented that Weiss, Handler & Cornwell has been present at every meeting every
time the issue has come up. He stated the firm is committed and willing to work with the
City.
Mayor McDuffie concurred with Commissioner Jacquet.
After brief discussion, it was the consensus of the Commission that they
would like Weiss, Handler & Cornwell to be the State lobbying firm.
The City Attorney stated at the next regular City Commission meeting of
December 4, 2012 the Commission can come back with an agreement with Weiss,
Handler & Cornwell and approve the agreement at that time for State lobbying services.
The City Manager stated that staff will start work on drafting an RFP for
Federal lobbying services.
At this point, Mr. Reade briefly reviewed the State Legislative issues.
10.1. REVISED AGREEMENT/ TOWN OF HIGHLAND BEACH:
Consider approval of a revised agreement with the Town of Highland Beach to provide
additional language regarding the shared limited medical services with the City of Delray
Beach's Wellness Center for full-time Police Officers. (ADDENDUM)
Bruce Koeser, Human Resources Director, stated last month he was before
the Commission asking for an approval to perform Police physicals for the Town of
Highland Beach in the City of Delray Beach's Health and Wellness Center to help offset
some costs. Mr. Koeser stated staff inadvertently missed a clause in Section 3 of the
agreement and requested Commission approval to add this clause which deals with
confidentiality.
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Mrs. Gray moved to approve the revised agreement with the Town of
Highland Beach, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie —
Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote.
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
13.A. City Manager
The City Manager stated Vin Nolan, Economic Development Director of
the Community Redevelopment Agency (CRA), put together a memo that will be
distributed at an upcoming economic development event.
Secondly, with regard to Commissioner Gray's concern about the
restroom roof at Hilltopper Stadium, the City Manager stated the concession stand roof
had a leak and that needs some work. He stated the only problem with the restrooms is
they are on a septic tank not connected to the sewer so that has caused a problem where it
has not been able to be used at times. Staff is looking at how the City might be able to
connect it up to a sewer line. The City Manager stated TJ Jackson has made a proposal
that their organization will build a new restroom and concession stand facility at
Hilltopper.
The City Manager stated he would like to update the Commission
regarding the schedule on December 6m and 7i'' for City Manager candidate interviews.
He stated the Commission one -on -one interviews will take place on Thursday afternoon
on December e and then Friday morning December 7th will be for the public interviews
in the Commission Chambers. The City Manager stated staff has scheduled these
interviews every 45 minutes. He stated regarding the evening reception on December 6`h,
_._staf£_needs_a_.location.... and -a- guest._ list.....__ The... City... Manager _.stated__the._i�te�vi.�vvs £ Qa�.._ thy ................ ...............................
City Manager's position will begin on Friday, December 7`h at 9:00 a.m. and staff
proposes to set the agenda so that after the Commission completes their interviews the
Commission will make a decision about the number one ranked candidate and authorize
the City Attorney to start contract negotiations. The City Manager stated the reception
will be held on Thursday, December 6th from 6:00 -7:00 p.m. with dinner afterwards at
7:15/7:30 p.m. The City Manager stated the location will be at the Golf Club or one of
the hotels but as of now has not been determined.
After discussion, it was noted that the City Clerk will email the schedule
to the Commission.
13.B. City Attorney
The City Attorney had no comments or inquiries on non - agenda items.
13.C. City Commission
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U.C.I. Mr. Jacquet
Mr. Jacquet stated Mr. Bennett's suggestion about municipal election
signs is a great idea. Mr. Jacquet stated when he ran last year there were a number of
people in the city who had no idea that the municipal election was going on until the day
of the actual election. He stated the city needs to have some kind of signage where we
can post "Municipal Elections in Delray Beach ". Mr. Jacquet stated the municipal
election in Delray Beach has very low turnout and some of the residents are unaware and
notice is not given.
Secondly, Mr. Jacquet asked that staff keep him posted when the Villages
at Delray meeting will be held because he would like to attend.
Lastly, Mr. Jacquet stated he is in full support of the Guardian Ad Litem
Program of Palm Beach County and encouraged the entire Commission to support.
13.C.2. Mr. Carney
Mr. Carney stated the Fire Department has some issues with respect to
parking on Marina Way by the residents but he feels we need to get creative there for the
residents. In addition, Mr. Carney stated there is some question on the parking that is
going on in front of -the boat slips and there is an inconsistency of how the rules are
applied to the boat slips.
Secondly, Mr. Carney stated he forwarded two residents only parking
ordinances; one from Tallahassee and the other from Key West. He stated the Police
Department has some issues with it in the sense that cost of enforcement for resident only
parking. Mr. Carney stated while things are not perfect certain enforcement from time -
to -time works and also signage works because people are accustomed to knowing that if
there is a "No Parking" sign in Delray that those signs are generally enforced. He
stated he would like to see if we can address that issue particularly on a couple of the
roads closest to the Intracoastal. Mr. Carney stated throughout the Marina District it is an
older part of town and the roads are smaller and they do have some problems. He stated
the owner of Deck 84 is in favor of trying to do so that people are not parking along that
road. Mr. Carney stated he would like to try to figure out a solution as well for resident
parking.
Mr. Carney expressed concern over a notice he received today about a
Parking Management Advisory Board meeting related to extending even further the hours
of enforcement for the parking meters on the beach. Mr. Carney stated he does not
understand why the Parking Management Advisory Board is starting to be involved with
the creation of policy and feels this is the job of the Commission. He stated everyone on
the beach wants to have parking end at 6:00 p.m. and everyone on the beach is in
agreement with how the weekends should be different from the week.
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Mr. Carney stated for the same reason that the Commission respected the wishes of the
merchants on Atlantic Avenue as it related to their views on parking meters to be
consistent we have to recognize the views of the merchants and residents on the island as
to what they think the parking should be.
Lastly, the Parking Management Advisory Board took formal action to
recommend changing the hours to midnight. The City Manager suggested that the
Commission pass a motion telling the Parking Management Advisory Board that the
hours of parking meters is not within their scope of responsibility and the Board is not to
make recommendations on that.
13.C.3. Mr. Frankel
Mr. Frankel thanked the City for putting out the Press Release today
regarding the Menorah Lighting on December 8, 2012 at 5:15 p.m. at Old School Square
and is the same night as the Holiday Parade. He stated in working with Delores Rangel
he believes they will be able to get transportation from the Menorah on the Delray
Downtowner for the Commission to the cars that will be available.
Secondly, Mr. Frankel stated he has noticed in the last week or so the
homeless population has increased. He stated today at 1:00 p.m. on Atlantic Avenue he
saw a man with a Target shopping cart going through garbage cans. Mr. Frankel stated
he just wants to keep everyone aware of that.
Lastly, Mr. Frankel requested that at the next Commission meeting a
Certificate of Appreciation from the City of Delray Beach be presented to Pauline
Moody. He stated she is going through tough times and she comes to the City and talks
...about serious - issues and always. puts a- smile -on everyone's faces:....M. n -Frankel - stated. she
picks up garbage and while she is critical of certain things she does it with the greatest of
intentions. He stated if the City recognized Ms. Moody it would put a smile on her face
during the holiday season since she has not had the greatest year. It was the consensus
the Commission to present a Certificate of Appreciation from the City of Delray Beach to
Pauline Moody at the next regular Commission meeting.
13.C.4. Mrs. Gray
Mrs. Gray concurs with comments expressed by Mr. Bennett about the
municipal election signs and stated this is a great idea.
Secondly, she commented on the City's Goals for 2016 and Beyond #3:
Expanded Downtown from A -1 -A to 1 -95 and asked about the status of the hotel flag.
Mrs. Gray stated she had a conversation with Senator Sachs and she is
looking for office space and would like to come into City Hall if space is available.
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She would like to stop by tomorrow at 11:30 to look at the space and noted that
Congressman Hastings is moved out and the City is doing some renovations. The City
Manager stated staff will be glad to show her the space but it will be several months
before it is available.
Mrs. Gray commented about the reduction of the CRA district for the
dollars because she believes we need those dollars and that there is a lot of their area that
is not slum and blighted. She inquired about the status of this and asked when the City
will start working on this.
Lastly, Mrs. Gray requested that WARC be placed on the January 12,
2013 Workshop meeting.
13.C.5. Mayor McDuffie
Mayor McDuffie had no comments or inquiries on non - agenda items.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 8:34 p.m.
ATTEST:
MAYOR
City Clerk
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on November 20, 2012, which Minutes were formally approved and adopted by the City
Commission on December 4, 2012.
City Clerk
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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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