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09-11-12 Special Workshop MinutesSPECIAL /WORKSHOP MEETING SEPTEMBER 11, 2012 A Special /Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, September 11, 2012. Roll call showed: Present - Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - Commissioner Adam Frankel Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor McDuffie called the Special /Workshop meeting to order and announced that it had been called for the purpose of considering the following Items. SPECIAL MEETING AGENDA 1. 2012 BEACH RENOURISHMENT PROJECT: Provide direction on the upcoming Beach Renourishment Project. Mr. Paul Dorling presented this item and stated the city has the Department of Environmental Protection (DEP) and Army Corps permits and went out for bid on the project. Three people have bid on this project. He stated this is a reimbursable project and we have commitments from the state and county governments for their share but the federal share has not been committed. Staff would like direction regarding the beach renourishment project. Mr. David T. Harden, City Manager, stated if we never get the reimbursement from the Federal government our debt service will be approximately $600,000 per year to pay off in ten (10) years and be ready for the next renourishment. He spoke regarding a bond issue, interest and debt service. He stated Great Lakes called him on Friday and stated they have another bid on a large project and they wanted to know if we were going to hire them or not and they cannot extend their time beyond what they are required to. Mr. Harden stated the next lowest bidder is roughly $150,000 higher. Mr. Carney stated he spoke to the city manager a few weeks ago and discussed debt service. He stated he found that the price for not doing this can be costly to the city. Mr. Carney stated we have to do this and we are fortunate that we are going to be able to find the funds to do this through paying off other debt. Mrs. Gray asked which bond will the city be finished paying off next year. She stated the beach is one of our greatest assets for residents and visitors as well. Mrs. Gray stated she is in support of this. She would like for staff to still go after the Army Corp and other grants. The city manager stated staff will make every effort to obtain federal funding, etc. Mr. Jacquet stated his main concern was federal funds. He is in support of this as this is one of the most important resources of the city. Mayor McDuffie stated we have two anchor tenants in Delray Beach: Old School Square and the Beach. He stated the loss on the other side of this can be incredible and his direction to staff is to pursue this and continue to look for funding. a. CONTRACT AWARD TO GREAT LAKES DREDGE AND DOCK COMPANY: Approve a contract award to Great Lakes Dredge and Dock Company in the amount of $8,820,110.00 for construction of the Beach Renourishment Project. Funding is reimbursable from Federal, State and County funding sources. Mr. Carney moved to approve the contract award to Great Lakes Dredge and Dock Company, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie adjourned the Special Meeting at 6:09 p.m. WORKSHOP MEETING AGENDA 1. Joint Meeting with the Charter Review Committee Mr. Jay Alperin, Chair of the Charter Review Committee {CRC}, introduced members of the committee who were present: Kimberly Camejo, Doak Campbell, Brian Cheslack, Deborah Dowd, Mike Malone, Alberta McCarthy and Scott Porten. Brenda Durden, David Schmidt and Gary Eliopoulos were not able to attend. Mr. Alperin reviewed the recommendations of the CRC with Commission as well as the ordinances regarding enhancing the charter's readability, term length, removal of a City Manager, term limits, and removal of Charter prohibition regarding city manager salary. Mrs. Gray asked the committee to explain the rationale for the recommendation regarding the vote to remove a city manager. Ms. McCarthy read a statement into record regarding the committee and their assigned task. She also spoke regarding the supermajority vote and stated this should be kept in place and be required for hire and removal of a city manager. Mr. Porten also spoke and stated the committee made a recommendation because the question needs to be asked. He stated he agrees with everything Ms. McCarthy stated however they have had an outcry of people who felt this needed to be revisited. He stated it is being brought to referendum to ask the people if this is something they would like to change. Mr. Cheslack stated the recommendations are all separate referendum items that can be rejected or accepted. He stated the CRC is in full support of the current city manager. Mayor McDuffie stated he will not support a 3 -2 vote. Mr. Carney asked when the ordinances have to be approved by the City Commission to go on the ballot for referendum. Ms. Chevelle D. Nubin, City Clerk, stated at least by the end of November. Mr. Carney stated the supetmajority is there for a reason to insure stability. He asked about the public notice and length of the meetings. 2 September 11, 2012 The city clerk responded regarding the notice for the meetings and Mr. Alperin spoke regarding the length of the meetings. In addition, Ms. Dowd, Mr. Cheslack and Ms. McCarthy spoke regarding the meetings. Mr. Carney stated the committee was exemplary and asked the committee if they think the process would benefit by having an additional public hearing. Mr. Alperin stated the committee did review the entire Charter. Mr. Jacquet thanked the committee for serving and for their leadership and spoke regarding the proposed changes. He referenced the vote to remove a city manager, term limits and tern lengths. He commented regarding Ordinances Al2 and D12. Mr. Jacquet stated for the stability of Delray Beach, the city cannot go to a 3 -2 vote and stated he will not support that. In addition, he would not be in support of the extension of terms for Mayor. Mr. Scott Porten spoke regarding the simple majority to vote someone in as well as to vote them out. Mr. Carney stated he is not necessarily opposed to two three year terms and fundamentally he does not mind giving this to the electorate to make that decision. He stated he is concerned about the ordinance related to the supermajority vote and this was further fortified by Ms. McCarthy's comments. Mr. Jacquet asked for clarification regarding the majority vote in general. Mrs. Gray thanked the committee for their time and expertise and stated she is in favor of the supermajority vote. Regarding the two three year terms, she is in support of this as well. However, regarding extra time for the mayor, she feels it could lead to a strong mayor. Mr. Alperin spoke regarding the mayor position. Mr. Harden stated in a pure council manager form of government the mayor is elected by the council not by the voters and he thinks the system we have where the mayor is elected by the voters is a good system because the mayor can provide the political leadership in the community and the manager can focus on the leading the staff and carrying out the administrative functions. Mr. Harden spoke regarding the Charter as well. Mayor McDuffie spoke regarding the strong mayor form of government. Discussion ensued between Commission and the committee regarding how often the Charter should be reviewed. Mr. Cheslack asked what the next steps were. Mr. Shutt stated the direction of the Commission is that Ordinance C12 regarding the vote for city manager removal will not be brought forward but the other ordinances will be brought forward for first reading unless he receives other direction. Nfr. Carney moved to approve going forward with the Ordinances with the exception of Ordinance C12. There was no second. The Commission decided that staff will place the Charter Committee report on the agenda next week and Commission will provide direction regarding the ordinances at that time. Mr. Cheslack asked regarding review of the Charter if that is an administrative change. Mr. Shutt explained the Charter Review can be placed in the local rules versus by Charter or ordinance. He also discussed timeframes, etc. 3 September 11, 201.2 Mr. Carney stated he is not sure if he wants to go beyond the report that the Charter Committee has done. Mr. Jacquet stated he does not think this is something that needs to be put in the Charter. Mr. Scott Porten stated there is the controversial issue regarding removal of the city manager and stated Commission should move this Ordinance (C12) forward because this would be an opportunity to hear from the public. Mrs. Gray asked if Ordinance C12 is going to be brought forward. Mr. Harden stated Commission will decide that on next week. Mr. Alperin thanked Commission for the task and stated it was an honor to work with the group. Mayor McDuffie thanked the Conunittee for their time and for making this a better city. 2. Delray Beach Innovation Corridor Update (ADDEIVDUMD Mr. David Wilke, National Director of Corporate Real Estate and Advisory Services /Sperry Van Ness, stating he has been the advisor to the city since January 2012 regarding transforming the Congress Avenue Corridor. He was originally retained to complete a strategic marketing plan which was a mission to create a real estate branding strategy on Congress Avenue. He stated they created a new brand: the Delray Beach Innovation Corridor which was presented at a previous workshop. Mr. Wilke discussed the three primary goals and conducted a PowerPoint presentation providing information on the project. Mr. Carney stated this is a great idea. 3. Auburn Trace Loan Modification (THE APPLICANT REQUESTED THIS ITEM BE POSTPONED) 4. Community Redevelopment Agency (CM FY 2012.2013 Work Plan and Budget Ms. Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA) introduced Mr. Peter Arts, Vice Chair; Mr. Jeff Costello, Assistant Director; Ms. Lori Hayward, Finance Director and Vin Nolan, Economic Development Director. She conducted a PowerPoint presentation of the Fiscal Year 2011/2012 CRA work plan and the preliminary work plan for FY 2012/2013. Ms. Colonna described the accomplishments of the CRA for FY 2011 -2012 to date and progress on upcoming projects. Ms. Hayward explained the FY 2013 budget. Mrs. Gray asked questions about nvcro lending, the hotel, pocket parks, sidewalks and non- profit funding. Mr. Jacquet stated he thinks the concept of micro lending is good and glad to see SE 1" Street. Mr. Carney thanked the CRA for their presentation and inquired about carry forward funds and asked Ms. Colonna to explain how this works. 4 September 11, 2012 5. Financial Review Board Recommendations for Tennis Operations Mr. Robert Barcinski, Assistant City Manager, presented this item and discussed private individuals coming in to use the tennis courts. He reviewed the recommendations as presented by the FRB and provided staff comments for each one. Mr. Jacquet commented on the percentage of sales. Mr. Carney stated the tennis center is a great facility that attracts a lot of visitors and commented regarding sponsorships. Mrs. Gray asked about the RFP process and why we would be looking to only hire locally. Mr. Jacquet referenced the list regarding rentals and Mr. Barcinski clarified that the list is for stadium rentals. Mayor McDufe inquired about the RFP. Mr. Carney asked what the timeframe would be. Mrs. Gray stated she would like to see a study done regarding the Tennis Center. Mr. Jacquet asked how long FRB believes the Tennis Stadium contracts should be. Ms. Christina Morrison, FRB Chair, stated three to five years. Mr. Carney inquired about the impact of charging non - residents more. Mr. Jacquet stated the Tennis Center should be made more accessible to the Delray Beach youth first and foremost. Ms. Morrison stated they spoke to Kids and Police Tennis Association (KAPTA). The Commission thanked the FRB for their recommendations. At this point, 9:22 p.m., Commissioner Jacquet left the meeting. 6. Co- Sponsor the Annual Boat Parade Mr. Barcinski asked if Commission wished to be a co- sponsor for the boat parade. He stated he has had emails and they have been included in the packet. He explained the process for how the boat parade works and the costs. Mrs. Gray asked how many people attend the boat parade and stated she would like to know what the Downtown Development Authority would like to say regarding the parade. Mayor McDuffie mentioned the cash prices and asked if Boynton was looking for the city to waive the expenses. Mr. Carney stated he goes to the boat parade every year and likes it; but does not know the answer to this. Discussion continued between staff and the Commission. It was consensus of the Commission to move forward with this item. September l 1, 2012 7. Schedule for Public Comments at Commission Meetings Mr. Brian Shutt, City Attorney, presented this item and stated he has placed a proposed change to the local rules stating public comments and inquiry on non - agenda items will commence by 6:30 p.m. After discussion, it was the consensus of the Commission to move public comments right after the Consent Agenda with remaining public comments, if any, to resume after Public Hearings. The City Attorney will bring this back to the Commission on the September 20, 2012 Regular Commission Meeting. Mayor McDuffie adjourned the Workshop Meeting at 9:33 p.m. City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, September 11, 2012, which Minutes were formally approved and adopted by the City Commission on November 20.2012. 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 amendments, additions or deletions to the Minutes as set forth above. 6 September 11, 2012