41-93 ORDINANCE NO. 41-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32,
"DEPARTMENTS, BOARDS, AND COMMISSIONS", SUBHEADING
"EDUCATION BOARD", OF THE CODE OFCRDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 32.28,
"QUALIFICATIONS OF MEMBERS", TO PROVIDE ADDITIONAL
QUALIFYING CRITERIA; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, on July 24, 1990, .the City Commission adopted
Ordinance No. 24-90 which created the Education Board of the City of
Delray Beach as a permanent advisory body; and,
WHEREAS, pursuant to Ordinance No. 24-90, Section 32.28 of the
Code of Ordinances of the City of Delray Beach, Florida, was enacted to
set forth certain criteria relative to the qualifications of members of
the Education Board; and,
WHEREAS, the City Commission is desirous of having a broad
range of individuals to serve on the Education Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title III, "Administration", Chapter 32,
"Departments, Boards, and Commissions", Subheading "Education Board",
Section 32.28, "Qualifications of Members", is hereby amended to read as
follows:
Section 32.28 QUALIFICATIONS OF MEMBERS.
It is the intent, if possible, that the membership of
the Education Board shall include members who have a
background in business, real estate, and/or education.
The members of the Education Board shall be residents
of the City of Delray Beach or shall be a person with a
child or children attending Delray Beach public
schools, or shall own oroperty in the city and/or 9W~
or operate a business within the city. Should a member
of the Education Board not be a resident of the City of
Delray Beach. or a oroperty owner and/or ~h9
owner/operator of a business within the city. and
should that member's child or children cease attending
Delray Beach public schools, then such member shall no
longer be qualified to serve on the board.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section ], That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on-second and final reading.
PASSED AND ADOPTED in regular session on this the 22nd day of
June
, 1993.
ATTEST:
~city dl~k
First Reading June 8~ 1993
Second Reading June 22, 1993
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # /O F - MEETING OF JUNE 22, 1995
ORDINANCE NO, 41-93
DATE: June 18, 1993
This is the second reading of an ordinance amending the Code of
Ordinances to provide additional qualifying criteria for the Education
Board.
This proposed amendment will provide a non-resident business and/or
property owners the opportunity to serve on the Board as long as they
own a business or property within the City. The Education Board at
their June 7th meeting recommended approval.
At the June 8th regular meeting, Ordinance No. 41-93 passed on first
reading with a 5-0 vote.
Recommend approval of Ordinance No. 41-93 on second and final reading.
[IT¥ I]F [IELRII¥ BER[H
100 N.W. 1st AVENUE * DELRAY BEACH, FLORIDA 33444 · 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~Robert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 8, 1993
FIRST READING AMENDMENT TO ORDINANCE 24-90
MEMBERSHIP EDUCATION BOARD
DATE: June 2, 1993
ACTION
City Commission is requested to approve on First Reading an
amendment to Ordinance 24-90, Section 32.28 "Qualification of
Members" to allow a nonresident Delray Beach business owner to
serve on the Education Board.
BACKGROUND
We have received a letter from Mr. Robert Hayes, owner of Bob's
Quick Print, requesting a change in the membership requirements
for the Education Board, to allow a nonresident Delray Beach
business owner to serve on the Education Board. The original ad
hoc advisory board had nonresident members representing business
and real estate interests.
In July, 1990 the Board was made a permanent City Committee and
at that time, the ad hoc advisory committee recommended that
nonresident business owners and realtors be allowed to serve.
City Commission, however, felt that they could find residents
representing these interests to serve on the Education Board. A
detailed staff report and backup data from July, 1990 is
attached. The Education Board will review this request at their
June 7th meeting and a recommendation will be provided to City
Commission.
RECOMMENDATION
Consider on First Reading an Amendment to Ordinance 24-90.
RAB:kwg
Attachments
THE EFFORT ALWAYS JV~ATTERS
ORDINANCE NO. 41-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32,
"DEPARTMENTS, BOARDS, AND COMMISSIONS", SUBHEADING
"EDUCATION BOARD", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION
32.28, "QUALIFICATIONS OF MEMBERS", TO PROVIDE
ADDITIONAL QUALIFYING CRITERIA; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, on July 24, 1990, the City Commission adopted
Ordinance No. 24-90 whkch created the Education Board of the City of
Delray Beach as a permanent advisory body; and,
WHEREAS, pursuant to Ordinance No. 24-90, Section 32.28 of the
Code of Ordinances of the City of Delray Beach, Florida, was enacted to
set forth certain criteria relative to the qualifications of members of
the Education Board; and,
WHEREAS, the City Commission is desirous of having a broad
range of individuals to serve on the Education Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title III, "Administration", Chapter 32,
"Departments, Boards, and Commissions", Subheading "Education Board",
Section 32.28, "Qualifications of Members", is hereby amended to read as
follows:
Section 32.28 QUALIFICATIONS OF MEMBERS.
It is the intent, if possible, that the membership of
the Education Board shall include members who have a
background in business, real estate, and/or education.
The members of the Education Board shall be residents
of the City of Delray Beach or shall be a person with a
child or children attending Delray Beach public
schools, or shall own property in the city and/or own
or operate a business within the city, Should a member
of the Education Board not be a resident of the City of
Delray Beach. or a proPertY owner and/or the
owner/operator of a business within the city. and
should that member's child or children cease attending
Delray Beach public schools, then such member shall no
longer be qualified to serve on the board.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section $, That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this the __day of
, 1993.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading.
BOB'S
QUICK TYPESETTING
PRINTING
PRINTING& coPY CENTER, INC.COPYING
May 18, 1993
~.~.~y
Dear Mayor Lynch,
I am writing on behalf of myself and other property
owners in Delray Beach concerning an ordinance which
keeps us from qualifying for membership of the Delray
Beach Education Board.
To tell you a little about myself, I opened my
printing business in Delray Beach in November of 1974.
I own the property at 181 SE 5th Avenue, Delray Beach,
where my business, Bob's Quick Printing, is located;
but I live in Boynton Beach, just outside the Delray
Beach City limits. I have been very active in
educational matters in Delray Beach since serving as
the Chairman of the Chamber of Commerce Education
Committee in 1987. Currently, I am serving on the
School Advisory Council for S.D. Spady Elementary
School. I feel I would be a productive and valuable
member of the City of Delray Beach; however, Ordinance
NO. 24-90 makes me ineligible for such membership.
I respectfully request that the ordinance be
changed to allow property owners to serve, and perhaps
consideration be given to opening a membership to
business owners who have demonstrated a knowledge to
the educational process.
Robert W. Hayes
181 S.E. 5th AVENUE · DELRAY BEACH, FL 33483 · FAX 407-272-3828 · 407-278-0203
,' , ,, ', ;',;()k ,~, !;Ei ~,,q'¢ BEAC~-i FLORIDA33444 · 407"243-7000
MEMORANDUM
TO: Education Board Members
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM - EDUCATION BOARD MEETING 6/7/93
REQUEST TO CHANGE BOARD MEMBERSHIP REQUIREMENTS
DATE: June 1, 1993
ACTION
The Board is requested to review a request from Mr. Robert Hayes
to change Ordinance No. 24-90 to allow an individual who owns a
business in Delray Beach to be eligible to serve as a member on
the Education Board.
BACKGROUND
Attached is a copy of a letter sent by Mr. Hayes to the City
Manager requesting that Ordinance No. 24-90 be amended to allow
Delray Beach business owners to serve on the Education Board.
The Ordinance currently restricts membership to a Delray Beach
resident or a parent who has a child attending a school in
Delray Beach. Most other City Boards allow business owners to
serve on City Boards.
The Education Board was initially established in August, 1989 as
an ad hoc Advisory Board and consisted of seven members. There
were no residency restrictions placed on the Board at that
time. In July, 1990 the Board was established as a permanent
City Board. The Board recommended to City Council that a
realtor with his business in Delray Beach, a business owner, a
parent or a resident serve on the Board in order to provide
balance to the Board. After considerable discussion, City
Commission agreed to restrict membership to residents or a
parent with a child in a Delray Beach school. The Ordinance
does require that membership shall include individuals with a
backgroUnd in business and real estate. However, City
Commission felt that they should be able to find members who
were residents who had backgrounds in these areas.
RECOMMENDATION
Staff recommends support for this request and for the Board to
submit their recommendation to City Commission.
RAB:kwg
THE EFFORT ALWAYS ~,/~ATTERS
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /~ - MEETING OF JUNE 8. 1993
ORDINANCE NO. 41-93
DATE: June 4, 1993
This is the first reading of an ordinance amending the Code of
Ordinances to provide additional qualifying criteria for the Education
Board.
This proposed amendment will provide a non-resident business owner the
opportunity to serve on the Board. The Education Board will review
this proposed amendment at their June 7th meeting. Staff will report
the Board's findings at Tuesday evening's meeting.
Recommend approval of Ordinance No. 41-93 on first reading. If
passed, public hearing June 22, 1993.
ORDINANCE NO. 24-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING TITLE III,
"ADMINISTRATION", CHAPTER 32, "DEPARTMENTS,
BOARDS, AND COMMISSIONS", OF THE CODE OF ORDI-
NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
ENACTING A NEW SUBHEADING, "EDUCATION BOARD"; BY
ENACTING A NEW SECTION 32.25, "ESTABLISHMENT";
BY ENACTING A NEW SECTION 32.26, "COMPOSITION;
APPOINTMENT; TERMS"; BY ENACTING A NEW SECTION
32.27, "ORGANIZATION"; BY ENACTING A NEW SECTION
32.28, "QUALIFICATIONS OF MEMBERS"; BY ENACTING
A NEW SECTION 32.29, "DUTIES AND RESPONSIBILI-
TIES"; AND BY ENACTING A NEW SECTION 32.30,
"MEETINGS; REPORTS"; ALL TO PROVIDE FOR THE
CREATION OF THE EDUCATION BOARD AS A PERMANENT
ADUISORY BODY TO THE CITY COMMISSION; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray
Beach, Florida, recognizes the importance of quality education
and adequate school facilities in the continuing growth, develop-
ment, and especially redevelopment of the City; and,
WHEREAS, the City Commission has heretofore demonstrat-
ed its commitment to excellence in Delray Beach schools through
the adoption of the "Sharing for Excellence" program; and,
WHEREAS, said "Sharing for Excellence" program suggest-
ed the appointment of a special board to the City Commission to
advise them in matters pertaining to education and school facili-
ties; and,
WHEREAS, on August 22, 1989, the City Commission
adopted Resolution No. 54-89 which established the Education
Board of the City of Delray Beach as an ad-hoc advisory body;
and,
WHEREAS, the City Commission has determined to continue
the function of the Education Board by establishing it as a
permanent advisory body,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title III, "Administration", Chapter
32, "Departments, Boards, and Commissions", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby amended by enacting a new subheading, "Education
Board", and by enacting new Sections 32.25, 32.26, 32.27, 32.28,
32.29 and 32.30, to read as follows:
EDUCATION BOARD
Sec. 32.25 ESTABLISHMENT.
The Education Board of the City of Delray Beach is
hereby established as a permanent advisory body to the
City Comrg. ission.
Sec. 32.26 COMPOSITION; APPOINTMENT; TERMS.
The Education Board shall be composed of seven (7)
regular members, appointed by the City Commission for
terms of two (2) years, except that the members of the
first Board to serve shall be appointed so that three
(3} members shall serve one (1) year terms, and four
(4) members shall serve two (2) year terms. Their
successors shall be appointed to two (2) year terms.
It is further provided that no member may serve more
than two successive terms on this Board.
Sec. 32.27 ORGANIZATION.
(A) The Education Board shall elect a Chairperson and
Vice-Chairperson to preside at its meetings and
any other officers as the Board may deem neces-
sary. The Chairperson shall be the official
spokesperson for the Board and the formal liaison
between the Education Board and the School Board.
(B) The Education Board shall formulate rules and
regulations for the conduct of its business.
(C) The Education Board shall have technical and
logistical support provided as designated by the
City Manager. A staff person shall be designated
as the official City contact with the School
District Administration.
Sec. 32.28 QUALIFICATIONS OF MEMBERS.
It is the intent, if possible, that the membership of
the Education Board shall include members who have a
background in business, real estate, and/or education.
The members of the Education Board shall be residents
of the City of De lray Beach or shall be a person with a
child or children attending Delray Beach public
schools. Should a member of the Education Board not be
a resident of the City of Delray Beach and should that
member's child or children cease attending Delray Beach
public schools, then such member shall no longer be
qualified to serve on the board.
Sec. 32.29 DUTIES AND RESPONSIBILITIES.
The duties and responsibilities of the Education Board
shall be as follows:
(A) Monitoring of School Board activities.
(B) Serve as liaison between the School Board of Palm
Beach County and the City Commission.
(C) Participate in an information exchange via school
newsletters and principal's office with the
administration of each Delray Beach school as well
as those attended by Delray Beach students else-
where.
(D) Preparation of an annual "State of Schools" report
with respect to Delray Beach schools.
- 2 - Ord. No. 24-90
(E) Development of recommendations to the City Commis-
sion for forwarding to the School Board of Palm
Beach County regarding actions which may be taken
in support of schools in Delray Beach and with
respect to proposed legislation at the State
level.
(F) Maintenance of a continuous public relations
effort to improve and maintain the public image of
Delray Beach schools. This effort should include,
but not be limited to, the following:
(I) Placement of favorable material in local
media;
(2) Development of brochures and other materials
to be utilized in 'marketing" the Delray
Beach schools.
(G) Identifying and attracting State and Federal
programs and grants in direct support of Delray
Beach schools.
(H) Provide comments to the City Commission regarding
proposed developments and their impacts upon the
racial balance of schools.
Sec. 32.30 MEETINGS; REPORTS.
(A) The Education Board shall meet at least once
monthly on a regular basis, with a regular meeting
date of the first Monday of each month, except for
when that date falls on a holiday under which
circumstance the Board shall establish another
regular meeting date for that month. The Educa-
tion Board may hold special meetings at the
direction of its Chairperson upon twenty-four (24)
hour notice.
(B) All meetings shall be open to the public and the
order of business and procedure to be followed
shall be as prescribed within the rules and
regulations to be adopted by the Education Board.
(C) An annual "State of Schools" report shall be filed
with the City Commission so that it will be
reviewed during a work session in the month of
May, thus affording time to address the work
program and budget of the School Board of Palm
Beach County for the following fiscal year.
Section 2. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
- 3 - Ord. No. 24-90
COMMENTS FROM CITY COMMISSION
REGULAR MEETING OF JULY 10, 1990
12.B. Ordinance NO. 24-90. Ordinance No. 24-90, creating
the Education Board as a permanent City Advisory Board, is
before the Commission for consideration on First Reading. If
passed, Public Hearing will be held July 24th.
The City Manager presented Ordinance No. 24-90:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
III, "ADMINISTRATION", CHAPTER 32,
"DEPARTMENTS, BOARDS, AND COMMISSIONS", OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY ENACTING A NEW SUBHEADING,
"EDUCATION BOARD"; BY ENACTING A NEW SECTION
32.25, "ESTABLISHMENT"; BY ENACTING A NEW
SECTION 32.26, "COMPOSITION; APPOINTMENT;
TERMS"; BY~ ENACTING A NEW SECTION 32.27,
"ORGANIZATION"; BY ENACTING A NEW SECTION
32.28, "QUALIFICATIONS OF MEMBERS"; BY
ENACTING A NEW SECTION 32.29, "DUTIES AND
RESPONSIBILITIES"; AND BY ENACTING A NEW
SECTION 32.30, "MEETINGS; REPORTS"; ALL TO
PROVIDE FOR THE CREATION OF THE EDUCATION
BOARD AS A PERMANENT ADVISORY BODY TO THE
CITY COMMISSION; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
The City Attorney read the caption of the o~dinance.
Ms. McCarty moved for the adoption of Ordinance No.
24-90 on First Reading, seconded by Mr. Andrews.
The City Manager stated a recommendation was
distributed to each Commissioner denoting a change in Section
32.28 regarding the qualifications of members in Ordinance No.
24-90. He asked the pleasure of the Commission with regard to
Ordinance No. 24-90 and this proposed change~
EXCERPT:
Ms. McCarty: Does someone want to read the change, so everybody
can understand what we are doing?
Mayor Lynch: This is coming from Lula, on the Education Board's
recommendation. Jay, are you familiar with this?
Dr. Alperin: If I remember correctly, the concern was to
continue using some of the same pool
Lula Butler: The Board had a concern - they wanted to maintain
a balance, because the current ordinance before you was to read
only that they must be a resident of Delray Beach or have a
child attending public schools and what they wanted is the
specific designation that a person could be a business owner, a
realtor with his business in Delray Beach, a parent or a
resident, so that you would balance the Board out.
Mayor: Wouldn't that qualification come later when we do the
qualifications for each board?
City Attorney Kurtz: This is a particular board and what this
is doing is expanding the definition that you have in your
package to include business owners and realtors who have their
primary place of business in town.
Ms. McCarty: I'm sorry, but I think we can find a realtor that
either has a kid in school or lives in this town. I don't know
that we necessarily have to
Mayor: The same with the business owner? Those are the two
changes, really, the business owner and the realtor?
Ms. Butler: That's correct.
Mayor: So, you're saying that basically we should be able to
find somebody in business or in real estate that basically has
children in Delray?
McCarty: Or lives in Delray.
Mr. Andrews: And I thought we were having only one person who
was out of Delray. Was I wrong on that?
McCarty: No, we just said its a parent with a child attending a
Delray Beach school.
Andrews: But only one, I mean could the Board be composed of
all people of all parents --
McCarty: If that Commission so choose to have it be from all
parents outside the City.
Mayor: I agree with Commissioner McCarty, that it seems
reasonable that we should be able to find somebody in real
estate and the business community that has a child in school, or
lives here.
McCarty: Preferably, both.
Dr. Alperin: I think what the concern was that, when this Board
was established, there was emphasis on having someone represent
real estate, because of the concerns of real estate and also a
business representative. I believe one of the business
representatives did not live in this City and had children that
were not going to City schools.
McCarty: That was Bill Wallace.
Dr. Alperin: Right. And so, I think what the emphasis was, was
to make sure that we don't eliminate those individuals and that
we do want to continue the emphasis of having business and real
estate representation on the board to make sure that those two
views of the school system are kept.
McCarty: Couldn't, if a Commissioner wanted to appoint somebody
to a board, for instance at the time that this is going on -
Bill's high profile in the Bond Issue and his involvement in the
school issue - couldn't a Commissioner ask that the rules be
waived and everybody agree to that person, to put him on for
special - I mean - do we have to change the ordinance? Couldn't
we change the ordinance - we can waive our own ordinance, can't
we?
Atty Kurtz: Yes, you can waive your own ordinance or you can
amend it at that time. If you are contemplating something like
that, it would be my suggestion to take care of it up front.
McCarty: I don't think that I would ever intend to amend the
ordinance, but I think what it would do is to put the burden on
the Commissioner to justify why this person, who has no children
in th schools and does not live in the town needs to be on that
board and would have to make his case, instead of just putting a
name out and everybody just sort of voting and nobody says
anything.
Kurtz: The thing about waivers is that they are generally
granted on some sort of emergency basis and I fail to be able to
contemplate, on this short notice, how there would be an
emergency that would require an out-of-town---
McCarty: Aren't waivers also granted for special or unusual
circumstances? I mean, these are our laws, our rules.
Kurtz: They are. I understand that.
Mayor: I agree with your original statement that the people
with the vested interest - we should be able to find people in
business or real estate who basically live in the City or have
children here - that's not an unreasonable request, in my
opinion.
Dr. Alperin: This also would eliminate one member of the board
right now who's expertise is in education.
McCarty: Who?
Alperin: Your appointment.
-3-
~,~cCarty: He lives in the City.
Alperin: He doesn't have children in the schools.
McCarty; Or! Lives in the City or is a parent. He lives in
the City - Woodlake.
City Manager: If you want to have a particular interest
represented, if you want a business owner and a realtor on the
board, then you should say that - add another sentence that says
at least one member shall be a business owner and one shall be a
realtor.
McCarty: And not have it be qualified, as to whether they live
here or not?
Atty. Kurtz: That situation~, you can make, but presently you
could have the entire board made up of people who simple have
children going to the schools and none of them might be a real
estate person and none of them might be a business person. If
it is your intent to always have that mix on the board, then
that should be reflected within the ordinance and we can amend
it---
McCarty: I would agree to put a business person - to say there
should be a business person and a realtor on there, but that
they should live in the City or have a kid going to school here.
Mayor: What about and/or - that way you can do both or one.
McCarty: Well, yes, that would be better for us both.
Mr. Randolph: Because this doesn't necessarily place one of
those individuals on the Board, because it is going to be left
up to the Commissioner that nominates that person as to what
qualifications they think he should have, in addition to the
ordinance requirements.
Mayor: Satisfied?
Dr. Alperin: Yes.
McCarty: Want to hear from Alice?
Mayor: Its not really a Public Hearing - if you have something
that is materially part of this .....
Alice Finst: Yes, Alice Finst, I am on the Education Board. I
think this conversation came from our group, because we did not
want the beginnings of this Board lost in the transition of
appointments. It started out with the crisis committee and that
group plus educators and parents all need to be continuously
represented and I don't know if this amendment that is proposed
really targets in on the fact that we need an historical
-4-
background for this Board, so 4 or 5 years from now when things
are different, we haven't forgotten where we started from and
where we are going. I don't know how you can adjust that with
your appointments.
McCarty: It probably would be good to have somebody that has an
education background also as a member. Now we have at least
two, three, I think, that were teachers at one time or one was a
superintendent, so we kind of - when we look at that Board,
without being told to by ordinance, been looking for those type
of people. But we could say, we'd like to have the Board make
up - at least have one real estate interest, one business
interest and one person with an educational background and at
least one person as a parent - oh,oh, all of a sudden, we're
picking the whole Board here, but, that's fine? That leaves two
for---
Mayor: I'm not sure we need to be that specific - hopefully
we're trying to pick the best-qualified person - we'll be
looking for people with educational backgrounds, people who have
children involved, people who are involved or want to be
involved.
McCarty: It seems like it.
Alperin: It might be better t~ put the direction in the
ordinance rather than the limitation.
Mayor: O.K. That would make sense to me.
Alice Finst: The important thing is that we not forget why this
committee was formed originally and that might happen if you
don't have that intent in there.
Mayor: Does somebody want to make a motion with an amendment to
it.
McCarty: I believe I put the motion on the floor and I will so
amend it to reflect the intent of this ordinance to have
representation from the business, real estate and education
elements of the community when at all possible.
Randolph: Accept.
Andrews: I second that.
Mayor: Does that still specify residency?
McCarty: Oh, yes, that's already in here and the pa~ent Dart is
in here.
Kurtz: What you want is it to be known that that is the intent
of this Commission; however, you do not want to make it a
requirement that one of those people, so that you could have 7
-5-
members that did not fit into one of those categories and that
would be permissible.
McCarty: That Commission would have that leeway, but we're just
trying to, as Alice said, to give them a perspective of history.
Mayor: But the requirement would be that those people would
either have children in school or live in the City?
McCarty: Correct.
Kurtz: We'll put that statement of intention in Section 32.28,
Qualification of members.
Mayor: There is a motion and second, as amended - any other
discussion? Call the roll, please.
Upon roll call the Commission voted as follows: Mr.
Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms.
McCarty - Yes; Dr. Alperin. Said motion passed with a 5 to 0
vote.
EXCERPT FR~M REEULAR MEETING JULY 24, 1990
The City Attorney stated before the Commission was a
modified version of Ordinance No. 24-90. This ordinance was
modified pursuant to his understanding of direction received at
the July 10, 1990, regular meeting at first reading. The
language originally submitted by the Education Board was not
acceptable, but on top of the language in Section 32.28 an
additional sentence was added to indicate that it is the intent,
if possible, that the membership of the Education Board, shall
include members who have a background in business, real estate,
and/or education.
Mrs. McCarty stated plus, parent of children.
The City Attorney stated with that basic preamble a person
would still have to be living in the City or have a child who is
attending a school within the City.
Tom Fleming, 2850 Hampton Circle, stated at the last
meeting of the Education Board there was conversation about
parents of children in Delray Beach schools, as opposed to living
in a SAC designated to attend a Delray Beach School.
Mrs. McCarty stated this issue had not been discussed.
There are parents of children, who are not sending their children
to Delray Beach School and are going to private schools, that
maybe would if they could help change the perception.
Mr. Fleming interjected some of whom live in the City or
in a SAC designated to go to Delray Beach Schools. The
Education Board thought it was fair to include SACs designated to
go to Delray Beach school, which means if you live in an area
that is supposed to go to a Delray school, you are at least
eligible for appointment. Whether the Commission chooses to make
the appointment is up to the Commission.
The Mayor stated the other part, which was already pointed
out, was the licensed real estate sales person or broker, instead
of limiting it a realtor, was another change.
The City Attorney stated if they are going to insert any of
the language, he would like the definition of SAC.
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RATON~D~:LKAY UOYN'I'ON BEACIt~ I)EERFIELI) BEACIt
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AN ORDINANCE ~ TN~ CITY CO~
~I~ION OF THE CITY O~ DELRAY
Published Daily ~cH, ~o~,o~ ~N~,~
CHAPTER 110, ~CUPATI~AL ~
Monday through Sunday C~NSES GENERALLY, ~ T~
CODE OF ORDINANCES OF THE ~ ~N '
Boca Raton, Palm Beach County, Florida CITYo~ ByOF~ENDI~DELRAY B~CH,SECTioNFLORI'ii.~
Delray Beach, Palm Beach County, Florida .P~Rso~ NOZ ~E~,~D *O
B~SINE~ES ~ P*~K ~-
TlON 11~15, %rCEN~ ~ ~HE,
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COUNTY OF ~ALM BEACH ~Rov,mNO A GENE~L REP~L-
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l~ TO ~1~ ~IT~
ANDAN EFFE~IV~ ~T~ : .. ~ALI~I~
Before the. undersigned authority personally ~~ ' ~.
appoarOd ~ancy Smith, Inside 8alos Man- ~.~t~*-~ ~m~'~'
ager of Tho News. daily newspapers pub- 8E~H, FL~I~ENDIK~*
lished in Boca Raton in Palm Beach County, DEVELOmE~ aEGU~TI~ ~
Florida; that the attached copy of advertise- ,.E c,.. ~L~. ~,, ....,~..:~ :~
FLOm~-TO P~I~ ~ T~E ~.~.:~ ~,~
L,MITATION OF ~NSITY WITHIN
Bent was published in said newspapers in THE MEDI~ ~1~ RESI~
the issues of: TO FURTHER PR~l~ THAT T~
OENSI~ WILL BE AP~O SY
THE ~Y TAKI~ FI~KI~ AG
PLI~TI~; PROVIDI~ A
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AN ~ffi~ ~ ~ Cl~ C~:
MI~I~ ~ THE ~ OF ~AY
Affiant further says that The News i8 a DISTRICT;(MEDIUM DENSI~iD ~DRESI~NTI~I~ ~
newspaper published in Boca Raton, in said ERA~Y L~TED ~ ~
~KE IDA R~D ~ ~ ~ ~
Palm Beach County. Florida. Monday ,s ~RE PARTICU~RLY
~RIBED HEREIN; ANO
through Sunday. and has been entered as ,.0~0.,~ O,.T.,CT~. ~.
second class matter at the post office in ~,.,.G · GENE~
C~USE, A ~VING C~US~AND
Boca Raton. Palm Beach County, Florida. AN EFFE~IVE~.
fo~ a po~iod of OhO yoa, nox~ p~oeoding ~ho :
advertisement; and affiant further says that ~c,~ ~.O PRESENTLY
ZONED ~ CP~NNEO ~FICi
ho has neither paid nor promised any , CENTER) DISTRI~ IN THE RM
person, firm or corporation any discount, O,STR,CT; a,0 ~NO BEING GE~
rebate, commission or refund for the pur- CO~Eg~KE I~ AVE~,Rffi l~ ~EW~
pose of securing this advertisement for pub- ,s ~.E .~..,CU~.~.
~RlBEO HEREIN~ ~ ~
licatlon in said newspapers. : ~AY .~. ~L~,~ ~; .~
C~US~ A ~VI~ C~U~, AND '
AN EFFECTIVE
B~CH, FL~I~ ~NOI~
CHAK~ ~ ~PART~,;
KAR~ ~ ~l~l~,
THE CO~ ~ ~l~g ~
Sworn ~o and subsoribed before me ~his THE Cl~ ~ OEL~Y ~,
day of , A.D., 19 ,K A GENEK
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