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08-05-08 Minutes RegAUGUST 5, 200$ A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6;00 p.m., Tuesday, August S, 2008, I. Roll call showed; Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woadie B. McDuffie Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Robert A, Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Terrill Pyburn, Assistant City Attorney Chevelle D. Nubin, City Clerk ~. The opening prayer was delivered by Deacon Nick Nowak with St. Vincent's Ferrer Catholic Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor E11is stated due to a request from the applicant Item 9.C., Conditional Use ReguestlChurch of God of I}elr~ has been postponed. Mr. Eliopaulos requested to move Item $.F., Contract Addition/Glatting Jackson Kercher AnglinlOld School Square Park Expansion Proiect of the Consent Agenda to the Regular Agenda as Item 9.A.A.A., Item B.G., Florida Division of Emergency Management/41d School Square Window Replacement to the Regular Agenda as Item 9.A.A.A.A., and Item $.Z.2., Award of Bids and Contracts to the Regular Agenda as Item 9.A.A.A.A.A. Also, Mr. Eliopoulos requested to move Item 9.E., Appointment of Person to Fili Unexpired Term of Commissioner Montague to Item. 9.A.A. Mr. McDuffie moved to approve the Agenda as amended, seconded by Mr, Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis --- Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. O8/OSt08 5. APPROVAL OF MINUTES: Mr. Fetzer moved to approve the Minutes of the Regular Meeting of July 1 S, 2008, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 4 vote. Mr. Eliopoulos moved to approve the Minutes of the Special Meeting of July 22, 2008, seconded by Mr. Fetzer. Upon rail call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr, Fetzer -Yes; Mr. McDuffie - Yes. Said motion passed with a 4 to 0 vote, Mr. McDuffie moved to approve the Minutes of the Special Meeting of July 29, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis - Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A.. Ftorida Water Professionat Week - August 4-8, 2008 Mayor Ellis read and presented a proclamation hereby proclaiming the week of August 4-8, 2008 as Florida Mater Professional Week in the City of Delray Beach. Richard flaslco, Director of Environmental Services, came forward to accept the proclamation, . Mr. Hasko noted that Mr. Vincent Munn. and Pat Lyles were not present initially. However, they came to the meeting at 7:00 p.m. because they were told the incorrect time per their superiors. 6.B. Fire Fighter Appreciation Month -- August 2008 Mayor Ellis read and presented a proclamation hereby proclaiming the month of August 2008 as Firefighter Appreciation Month in Delray "Beach, Florida. She presented the proclamation to Brandy Miller of the Muscular Dystrophy Association. John Tomaszewski, Assistant Fire Chief, came forward to accept the proclamation, 7. P~tESENTATIONS: 7.B. RESOLUTION NO. 22-08: Approve Resolution No, 22-08 recognizing and commending Etlen Wickert for 35 years of dedicated service to the City of Delray Beach. -2- o8ros~o8 The caption of Resolution No. 22-08 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING ELLEN WICKERT FOR THIRTY-FIVE YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. {The official copy of Resolution No. 22-08 is on file in the City Clerk's office.) Mr. Fetzer moved to approve Resolution No. 22-08, seconded by Mr. Eliopoulos. Upon roll ca11 the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ei1is -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 7.C. Plaque presentation to Chief Schroeder Mayor Ellis read and presented a plaque to Chief Larry Schroeder. Chief Schroeder came forward to accept the plaque and gave a few brief comments. Chief Schroeder thanked the Commission and the City Manager for their support and leadership aver the years. FIe stated it was an honor and pleasure to serve the City of Delray Beach for nearly 30 years and he looks forward to continuing to be a small part of making Delray Beach better from a different viewpoint. 8. CONSENT AGENDA: City Manager Recommends Approval. S.A. REQUEST FOR SIDEWALK DEFERRA.L.1590 S. OCEAN BOULEVARD: Approve a request to defer the installation of a sidewalk along Bucida Road for property located at 590 South Ocean Boulevard. $,B, ACCEPTANCE OF RIGIIT-OF-WAY DEDICATION1135 N.E. 1sT AVENUE: Approve and accept aright-of--way deed between the City and Maria C. Robles, associated with the improvements at 135 N.E. lit Avenue, located at the southeast corner of N.E. 1St Avenue and. N.E. 2°d Street, within the Old School Square Historic District. 8.C. ACCEPTANCE OF WATER EASEMENT DEEDiSTH AVENUE AT DELRAY BUILDING: Approve and accept a water easement deed for installation of a fire hydrant on the west side of N.E. 5th Avenue for the 5th Avenue at Delray Building. 8.D CONTRACT CLOSEOUT fC.O. NO. 11FINALI/WEST CONSTRUCTION INC,IENVIRONMENTAL SERVICES ADMINISTRATION FACILITY: Approve a Contract Closeout {C.O. No. 1lFinal) in the amount of a $92,025.93 decrease, and final payment in the amount of $74,201.17 to West Construction Inc. for the completion of the Environmental Services Administration -3- 08105108 Facility. Funding is available from 441-5161-536-62.32 {'t~4jater/Sewer FundlBuildings/ESD Building Expansion}. B.E. CONTRACT CLOSEOUT (C,O. NO. ]/FINAL~IRANDOLPH & DEWDNEY CONSTRUCTION. INC,IFIRE STATION NO. 1 WIND RETROFIT: Approve a Contract Closeout {C.O. No. 11Final} in the amount of a $10,000.00 decrease and final payment in the amount of $6,937.87 to Randolph & Dewdney Construction Inc. for the completion of the Fire Station #1 hind Retrofit. Funding is available from 334-2311-522-62.87 (General Construction FundlBuildings/Storm hlardening}. B.F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.G. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9,A,A.A.A. B.H. COMMERCIALIINDUSTRIAL DEMAND REDUCTION RIDER AGREEMENTIFLORIDA POWER & LIGHT COMPA,NYIPOLICE DEPARTMENT: Approve a CommerciaUIndustrial Demand Reduction Rider Agreement between the City and Florida Power & Light Company, to allow the City to save approximately $4,742.00 on the annual cost of electricity for the Police Department. B.I. ACCOUNT NUMBER COP:RECTION/CSX TA:ANSPORTATION, INC.: Approve an account number correction for an agreement with CSX Transportation, Inc. in an estimated amount of$7,000.00 for preliminary engineering to extend the length of the gate arms at S.W. 10`h Street and Lake Ida Road to meet Federal Railroad Administration (FRA} Quiet Zane requirements. Funding is available from 334-3162-541-31.30 {General Construction Fund/Professional ServiceslEngineeringlArchitectural Services}. B_J. ACCOUNT NUMBER APPROVAL/BID AW~±-RI)/STUART AND SHELBY DEVELOPMENT-GULFSTREAM ROOFINGI135 N.W. 5~" AVENUE: Approval of an account number to a bid award with Stuart and Shelby Development- Gulfstream Roofing in the amount of $610,723.00 for the rehabilitation of 135 N,W. 5`h Avenue by the Community Redevelopment Agency {CRA). Funding is available from 118-1930-554-49.19 {Community Development FundtHousing Rehabilitation}. B.K. SUB-RECIPIENT HOUSING PARTNERSHIP AGREEMENTiDELRAY BEACH COMMUNITY LAND TRUST, INC.: Approve the Sub-Recipient Housing Partnership Agreement between the City and the Delray Beach Community Land Trust, Inc. for the purposes of subsidizing the costs associated with affordable housing units within the Community Land Trust. -4- 08/05!08 S.L. AJVIENDED AGREEMENTIGULFSTREA,M GOODK'ILL INDUSTRIES: Approve an amended agreement between the City and Gulfstream Goodwill Industries for funding and acceptance of funds reducing the award amount from $7a,?3a.aa to $4b,73a.aa for providing services to ex-offenders returning to targeted neighborhoods within the City of Delray Beach. S.M. MOTOROLA SERVICE AGREEMENT: Approve a service agreement between the City and Motorola in the amount of $122,9ba.88 providing that Motorola will service the City's portable radios and the equipment used for the City's dispatch system FY 2aa9. Funding is available from various FY as-ag depar~xnental budgets. S.N, RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the reappointments of Mr. Peter Arts, Community Redevelopment Agency Representative {alternate member) and Mr. David Cook, Chamber of Commerce Representative {regular member) to the Parking Management Advisory Board for terms ending July 31, gala. S.O. RESOLUTION NO. 30-08: Approve Resolution No. 3a-as assessing costs for abatement action required for the demolition of an unsafe structure located at Sag Curlew Road. The caption of Resolution No. 3a-as is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 1.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION F;.EGARDING AN UNSAFE BUILDING ON LAND{S} LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCL:TFtRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION, PROVIDING FOR AN EFFECTIVE DATE A,ND FOR A DUE DATE A~~D INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR LTIdPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. {The official copy of Resolution No. 30-as is on file in the City Clerk's -S- a~iasras 8.P. INTERLOCAL AGREEMENTlPALM BEACH COUNTY: Approve an. Interlocal Agreement between the City and Palrn Beach County for increased patrol of the waterways for manatee protection. Palm Beach County will reimburse the City in the amount of $82.50 per hour of patrolling for this project. ~. HOUSING REH.~BILITATION GP;~1NT/CONTRACT AW~-RD: Approve a request far increased handing in the amount of $645.75 for a total of $37,134.44 for a hauling rehabilitation project located at 712 S.W. 8th Court. Funding is available from 118-1924-554-49.20 (Neighborhood Services/Other Current ChargeslHomeawner Subsidy). 8.R. AMENDMENT NO. 2 TO INTERLOCAL AGREEMENT/PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM: Approve Amendment No. 2 to the Interlocal Agreement creating the Palm Beach County Workforce Development Consortium, allowing the consortium to provide direct services. 8=5. AMENDMENT NO. 1 TO MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENTiBJCE, INC.: Approve Amendment No. 1 to the Municipal Golf Club and Lakeview Golf Club management agreement between the City and BJCE, Inc. dated October 1, 2044 extending the contract to September 30, 2412. 8.T. AMENDMEN'T' NO. 1 TO THE TENNIS CENTER MANAGEMENT AGREEMENT/DUBIN A-ND ASSOCIATES: Approve Amendment No. 1 for the Delray Beach Municipal Tennis Center and Delray Swim and Tennis Club management agreement between the City and Dubin and Associates, Inc. dated October 1, 2044, extending the contract to September 30, 2012. 8.U. PARKING LICENSE AGREEMENT/THE AVENUE BAR & GRILL dlb/a 32 EAST: Consider approval of a parking license agreement with The Avenue Bar & Grill d1b/a 32 East which amends the language in Paragraph 16, "Assig~rzment" to provide that the agreement may be assigned with the express written consent of the City Manager or hislher designee; and also combines the agreements entered into on April 1, 2447 and April 1, 2008 to provide for one complete agreement. f 8.V. LETTER OF AGREEMENT WITH THE ANTI-DEFAMATION LEAGUE (ADL)/DIVERSITY MAP PROJECT: Approve a letter of agreement with the Anti-Defamation League {ADL) for funding in the amount of $5,444.40 in order to proceed with the Diversity Map Project. 8.W. SPECIAL EVENT REQUEST/14~x ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: Approve a special event request to endorse the 14t~' Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held October 11-12, 2008 from 14:44 a.rn. to 5:44 p.m., to grant a temporary use permit per LDR Section 2.4.6{F) for the closure and use of N.E. 2nd Avenue from the alley _6_ 08105108 just north of Atlantic Avenue to approximately 400 feet north of N,E. 3rd Street, to utilize City Hall parking lot for vendor parking, to authorize staff support for traffic control and security; contingent on the receipt of a hold harmless agreement and the certificate of liability insurance. S.X. SPECIAL EVENT REQUEST/9TH ANNUAL DOWNTOWN DELRAY BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a special event request for the 9` Annual Downtown Delray Beach Thanksgiving Weekend Art Festival to be held an November 29, 2008 through November 30, 2008 from .10:00 a.m, until 5:00 p.m., to grant a temporary use permit per LDR Section 2.4,6(F) for the use of N.E, 2°d Avenue from the alley just north of Atlantic Avenue to approximately 400 feet north of N.E. 3r`~ Street, to utilize the City Hall parking lot for vendor parking, and to authorize staff support for traffic control, barricading, security, and Fire Inspector with the sponsor paying all overtime costs, contingent upon receipt of an executed hold harmless agreement and certificate of liability insurance. S.Y. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 14, 2008 through August 1, 2008. S.Z. AWARD OF BIDS AND CONTRACTS: 1. Bid award to BSA Corporation in the amount of $25,000.00 for the replacement of 5,400 1" x 1/4" bolts at the Tennis Stadium with stainless steel bolts. Funding is available from 334-4145- 572-46.90 (General Construction Fund1 Other Repairllvlaintenance Costs). 2. Contract Award to J.W. Chetham, LLC. in the amount of $215,396.00 for construction of the Environmental Services Department new entrance. Funding is available from 441-5161- 836-68.24 (Water & Sewer FundIESD-Access RdlProperty Ln). 3. Purchase award to Agilent Technologies in the amount of $17,950.50 for the purchase of a Gas Chromatography Mass Spectrophotometer Analytical Instrument Upgrade for the Water Treatment Plant's Compliance Lab. Funding is available from 442-5178-536-64.90 (Water & Sewer Renewal & Replacement Fund/4ther Machinery and Equipment). 4. Purchase award to Digital Patroller in the amount of $48,628,00 far ten (1.0) digital in-car audiolvisual retarding systems far the Polite Department. Funding is available from 334-2111-521- 64.90 (General Construction FundlOther MachinerylEquipment). 5. Purchase award to Florida Bullet in the amount of $32,026.10 far the purchase of ammunition in preparation far next year's training and firearms qualifications far the Police Department. Funding is available from 001-2111-521-52.20 (General -?- 08105I08 Fund/General f}perating Supplies}, 6. Purchase award to Mainline Supply Company in the amount of $42,'767,20 far various piping materials to be installed by the 8 City's in-house construction crew for the Palm Trail Neighborhood Water Main Improvement Project. Funding is available from 442-5178-536-65.73 (Water & Sewer Renewal &, Replacement Fund/4ther ImprovementslPalm Trail Neighborhood). '7, Purchase award to Fluid Conservation Systems in the amount of $21,630.00 for water main leak detection equipment. Funding is available from 442-5178-536-65.73 (Water & Sewer Renewal ~:. Replacement FundlRepair & Maintenance Service/other RepairlMaintenance Cost}. Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. Fetzer, Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9, REGULAR AGENDA: 9.A.A. APPOINTMENT OF PERSON TO FILL UNEXPIIF~ED TERM OF COMMISSIONER MONTAGUE: Appoint a person to fill the unexpired term of Commissioner Montague (Seat #4) until the March 10, 2009 Municipal Election, Mayor Ellis asked the Commission to write down their number one choice and stated if we do not get three votes for the number one choice they will go to a second ballot. Mayor E11is stated at this time the City Attorney will tally the votes and let the Commission know what the tally is. She stated it would need three votes to make a selection which the Commission would then move a nomination for. The City Attorney stated there are 2 votes for Mackenson Bernard, 1 for Herman Stevens, Jr. and 1 for Shelly Weil. The City Attorney briefly explained the point process and the Commission voted on the above listed names ranking them 1, 2 & 3. The City Attorney stated the second ballots worked out as follows: Mackenson Bernard three #1's, and ane #2, Herman Stevens, Jr., one #1, two #2's, and one #3, Shelly Weil three #3's and one #2. The City Attorney stated based on the tally the consensus was that three Connnissioners picked Mackenson Bernard as their number one choice. Mr. Fetzer moved to appoint Mackenson "Mack" Bernard to fill the unexpired term of Commissioner Montague (Seat #4) until the March 10, 2009 Municipal Election, seconded by Mr. Eliopoulos. Lipon roll call the Commission voted as follows: Mayor E11is -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes. Said motion passed with a 4 to 0 vote. -8- 08/05/08 At this point, Mr. Bernard came forward and thanked the City Commission far giving him the opportunity to serve the citizens of Delray Beach. He stated his family moved to Delray Beach in 1986 from Haiti and the Commission has now given him the opportunity to give something back to Delray Beach. Mr. Bernard thanked the City Manager, the City Attorney, the City Commission and the 12 candidates who submitted their names who have braved the past three weeks and endured a lot of criticism, However, he stated after submitting their names he found out the one thing that was important was that they love Delray Beach. Mr. Bernard thanked God, his family, and his friends and he intends to provide justification for those of you who voted for him today. 9.A.A.A. CONTRACT ADDITIONIGLATTING JACKSON KERCIIER A-NGLIN/OLD SCHOOL St1UA~RE PARK. EXPANSION PROJECT: Approve a Contract Addition in an amount not to exceed $25,000.00 to Glatting Jackson Kercher Anglin for additional planning consulting services in conjunction with the Old School Square Park Expansion Project. Funding is available from 334-4151-572-63.59 (General Construction Fund/Irnprovements OtherlOld School Square Park-Park Improvements). Richard Hasko, Director of Environmental Services, stated this item is a request to accept a contract addition for Glatting Jackson Kercher Anglin for the Old School Square Park Expansion Project. Mr. Hasko stated Glatting Jackson Kercher Anglin is the consultant for the project and they were selected through a consultant competitive negotiation process. He stated the original contract amount for the scope of the project was $12$,500.00, The scope in the original contract took staff through a whole list of information gathering both from the standpoint of physical site information as well as input from a variety of stakeholders throughout the City. Mr, Hasko stated the consultant did individual interviews with an identified list of stakeholders and staff and from there an Agenda was developed for a subsequent all day Charrette. He stated between the interviews and the Charrette there was a session on soliciting public input on one of the evenings of Jazz on the Avenue. Mr, Hasko stated staff went through the process and also involved were some technical issues having to do with the stormwater management system that had to be resolved up front. Mr. Hasko stated they came back to staff with their proposal for the Master Plan and presented that to the Commission in February and that basically fulfilled the scope of services in that contract. He stated since that time, the City has had some feedback from some of the key stakeholders that they had some concerns about the Master Plan overall and how it affected their vision far the site. Mr. Hasko stated staff has exceeded the scope of the original project and additional services have been requested. It includes revisions to the Master Plan as discussed with key stakeholders and future meetings with those stakeholders as necessary to reach consensus as to the Master Plan and Phase 1 programming, including an additional presentation to the City Commission. Fees for the additional work will be invoiced an an hourly basis not to exceed $25,000.00. _~_ 08105/08 Mr. Eliopoulos expressed concern that when given a task and your paid for it the goal would be to try to satisfy the stakeholders to the best of your ability. Mr. Eliopoulos stated he has not heard any of the stakeholders are happy which mean we failed. Mr. Eliopoulos stated he is not sure if this means the consultant is not listening or is it that the stakeholders were not communicating. Mr. Eliopoulos commented about the scope of services and referred to Item 1.2 (Additional Professionals working on this). Mr. Eliopoulos stated he is assuming that all of the consultants have taken part in this first part and have actually interjected their thoughts on this. Mr. Hasko stated to some extent the consultants have done this. Mr. Eliopoulos stated although there were meetings on this he was never interviewed. He stated it seems that they have not been listening and that they are showing the same thing over and over. He stated that Marjorie Ferrer talked about the power underneath the Christmas tree that could juice up the entire site that nobody realizes. Mr. Eliopoulos asked whether or not staff was doing their homework and finding out what we had to do. Mr. Eliopoulos stated he is not satisfied with the product and/or what he is hearing back from the citizens. Therefore, Mr. Eliopoulos stated he has a hard time increasing additional funds and he is not comfortable with awarding this contract this evening. Mr. Hasko stated with regard to some of the suggestions staff heard using the example from Marjorie Ferrer and the power that was there for the Christmas tree that would not have been part of the scope. Mr. Hasko stated the original scope to establish the Master Plan was to show us what types of amenities would gel together at various places in the site using their creativity. Mr. Hasko stated the types of amenities start to get into some of the specific site planning and design for the individual phases and had the Commission not requested that staff come back to the Commission for the second workshop they would have submitted a proposal for the design services for the space because that was the next step in the process at that point. As far as the perception that we have a long way to go, Mr. Hasko does not feel it is that bleak. Mr. Hasko stated we were not starting from square one and he feels everyone agreed that we had a really good base product to work from and it just needed some tweaking which staff spent that session doing. In his opinion, Mr. Hasko stated from a creative standpoint and from the contractual standpoint he feels that they have completed their original scope. Mr. Hasko stated we may have wanted to look a little closer at that scope in terms of perhaps making sure that they were providing something that was going to be compatible with everyone's wishes and visions although this is difficult to do on a project like this because it is so subjective and it requires so much creativity. Mr. Hasko stated staff has asked them to do work above and beyond that scope and they are taking the input that we gave them from that last session from approximately one month ago and incorporating that. Mr. Hasko stated he understands Mr. Eliopoulos' hesitancy given the feedback from the key stakeholders but he is very confident that once staff comes back to them with what they are going to end up with now he feels everyone will be on the same page and believes there will only be one more trip back to the Commission. Mr. Eliopoulos stated he still has strong reservations about supporting this. - 10- 08/05/08 Mr. Fetzer concurs with comments expressed by Commissioner Eliopoulos. Mr. Fetzer stated he is not happy with the point that we are at with this and asked if there are any alternatives to this if the Commission does not authorize additional funding. Mr. Hasko stated if the Commission does not approve this the consultant has some time and effort invested above and beyond their scope. He stated we would have some decisions to make and figure out how we would finish the Master Alan which might mean going out for another RFQ for another consultant or trying to work with one of the consultants currently under contract. Mr. Hasko stated you want to minimize the loss of the progress and creativity that has been shown an the Master Plan at this point. He stated the City would have to rely heavily on the 41d School Square staff to help us out in terms of getting the whole thing gelled and put together. Mr. Hasko stated there are other options but he would hate to see the money {$128,500.00) that has been invested in this thrown away. Mr. Eliopoulos stated he does not feel this money would be thrown away because he thinks staff can bring them back. However, it is just a matter of the creativity and there may have to be some workshops with the stakeholders, Mr. Eliopoulos stated he is sure there are professionals in town that would jump an this and would help and maybe the City can hand it off. Mr. Eliopoulas stated he thinks there are ways we can get this so we da not lose what they have done but we actually get where we need to be and then bring them back on board to actually do the drawings. Mr. McDuffie stated his personal feeling and his strong sense from the stakeholders in the community that there is a disconnect between this firm and the stakeholders. - Mr. McDuffie stated there are people who are high level stakeholders in this that he knows are still unsatisfied and feel like that their voices have not been heard. He stated we need to have this communication between this firm and the stakeholders and at that point if they cannot continue and satisfy the people that are the stakeholders in this then the City may need to look for other alternatives. Mayor Ellis stated from the time of the presentation and everyone looked at the drawings she remembers Marjorie Ferrer saying three times "You Da Nat Have the Right Scale far the Christmas Tree." Mayor E11is stated the last time she saw the drawings it was the same scale that they were using and asked ~if there is any chance that they are not using the right scale for the Christmas tree in the design of this. Mr. Hasko stated he does not believe so and stated at one time there was some confusion over the radius of the base of the tree, Mayor Ellis commented about the location of where the Christmas tree would go and these are questions that are asked that never got answered. Mr. Hasko stated the decision of the location of the Christmas tree was resolved early an and was one of the comments received at the first meeting. Mayor Ellis stated the presentation the Commission saw was that they had the Christmas tree on the side up on a trellis and it did not look like it was going to fit there. She stated now they have brought it back to where they are talking about placing the tree in the front of the Cornell Museum. Mr. Haska stated there are issues that remain with the plan. 48/OSI08 Brief discussion followed between the Commission and staff. Mr. Eliopoulos asked if there is a proposal for Phase II yet from them. In response, Mr. Hasko stated we do not have the design documents. The City Manager stated the City Attorney made a suggestion to table this item and let staff negotiate with the consultant and see if we can come back with a different proposal. Mr. Eliopoulos moved to table, the contract addition for the Old School Square Expansion Project, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:02 p.m. the Commission moved to Item 7.A., Presentations. 7.A. Solid Waste Authority Recycling Program Award Presentation John Archambo, Solid Waste Authority, thanked the Commission for taking time to come out and see everything in action. Mr. Archambo thanked the City of Delray Beach for its outstanding recycling efforts. He stated the initiative of going green today is receiving a lot of press and the City of Delray Beach has been green and has proven that with its great recycling efforts. Mr. Archambo stated the Solid Waste Authority wanted to show their appreciation for the great teamwork and partnership they have with the City of Delray Beach in setting these records. He stated last year they set a record of 108,000 tons which has saved approximately 12 years of valuable landfill space for all of us in Palm Beach County. Mr. Archambo stated there is an initiative being looked at now in Tallahassee that by 2020 they would like to see a 75% waste reduction. He stated he is pleased to announce that with the 38 cities in Palm Beach County and the unincorporated they have already met that mark with the renewable energy source of the Waste Energy Facility. Mr. Archambo stated they are on the right track and are 3,000 tons ahead of last year's record. He stated the City of Delray Beach has a great team to work with and they did a bin distribution program throughout the City increasing recycling about 17-20%. Mr. Archambo presented the City of Delray Beach with an award made out of recycled glass in appreciation of outstanding participation and support in Palm Beach County's Recycling Program. At this point, the time being 7:04 p.m. the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 28-08: Privately initiated amendment to the Land Development Regulations (LDR), by amending Section 2.2.6(D), "Duties, Powers, And Responsibilities"; Section 4.5.1(J), "Historic Preservation Board To Act On Variance -12- 08/05/08 Requests", to provide that appeals of decisions of the Historic Preservation Board regarding variances shall be to the City Commission. The caption of Ordinance No, 28-08 is as follows: AN ORDINANCE OF THE CITY C01~1MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.2.6{D}, "DUTIES, POWERS, AND RESPONSIBILITIES"; SECTION 4.5.1{J}, "HISTORIC PRESERVATION BOARD TO ACT ON VARIANCE REQUESTS", TO PROVIDE THAT APPEALS OF DECISIONS OF THE HISTORIC PRESERVATION BOARD REGARDING VARIANCES SHALL BE TO THE CITY COMMISSION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, A,ND AN EFFECTNE DATE {The official copy of Ordinance No. 28-08 is on file in the City Clerk's office.} The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is an ordinance to allow variances denied by the Historic Preservation Board (HPB} to be appealed to the City Commission rather than the Circuit Court of Palm Beach County. The amendment would also be retroactive to January 1, 2008, Mr. Dorling stated variances that are heard by the HPB are only applicable to properties within a district or those that are individually listed and they have different review criteria than variances reviewed by the Board of Adjustment {BOA}. He stated given these different standards, findings and goals of the variances staff feels to appeal to the City Commission is appropriate rather than to the Circuit Court. Mr. Dorling stated one of the different goals that variances are utilized during the HPB process is to be a way of encouraging the retention of historic structures and providing additional flexibility in these districts that is different from a regular variance to the Board of Adjustment. At their June 5, 2008 meeting, the Historic Preservation Board {HPB} recommended approval; however, they had some concern about their retroactive language and recommended that it not be included. At its meeting of June 16, 2008, the Planning and Zoning Board heard this and agreed with the retroactive language and the Board also wanted the ordinance language to be modified to apply to both those variances approved and denied whereas the original reference was to any variance that -13- 08I05i08 was denied. He stated if you have an appealing party that is opposed to its approval they should share in that same consideration before the City Commission, Mr. Darling stated with those changes (which are included in the ordinance) staff recommends approval. The City Attorney stated there is an appellant right after the decision of the City Commission to the Circuit Court and this puts the City Commission in the middle seat. Mayor Ellis declared the public hearing open. Michael Weiner, Attorney with Weiner & Aronson, P.A., 10 S.E. 1st Avenue, Delray Beach {representing the Applicant}, stated this ordinance was heard by the Historic Preservation Board and the Planning and Zoning Board. Mr. Weiner stated at bath of those hearings, the City Attorney spoke to the issue of retroactivity and it did say it was appropriate and lawful. He stated this settles an interpretative difficulty and thanked the City Attorney's office. Mr. Weiner stated this does clear the way to give the City the opportunity to use the historic ordinances as we believe that they are already in the code but now would firmly state in the Code and that is to encourage the protection of the City's historic assets. Joann Peart, 107 N.W. gt~ Street, Delray Beach, stated she thought the Historic Preservation Board. voted against this. She does not think this is a good idea far the historic districts. Mrs. Peart stated she understands same of the reasons for changing it and same of those reasons are reasonable but she believes the reasons to not change it are more important. Mrs. Peart stated the original intent far giving HPB power for special variances was to save historic structures or to encourage adaptive reuse not to help them find ways to move or demolish structures. She stated we are actually doing the opposite here and feels we are aiding someone in waving a historic structure. Mrs. Peart stated for each structure that we move or demolish in the historic districts the stock of historic buildings in that district goes dawn one time and you end up with one less historic building. She urged the Commission to support the Historic Preservation Board Carolyn Patton, 1020 Tamarind Road, Delray Beach, stated she does not understand where this came from and understands that there were only two people at the first reading. She stated the preservation community as a whole really is not aware of it. Nlrs. Patton stated the City has had it the way it is for 20 years and feels that it has worked perfectly. She stated the reality of it is the people who are going to appeal a denial of a variance to the City Commission are the people who are pushing the envelope on new development. She stated as a property owner in a historic district she has attended aver 54 Historic Preservation Board Meetings and there have been hundreds of variances granted by the HPB to save historic districts and to aid new developers. Mrs. Patton stated to change this now on the request of one developer who has torn down one historic house and wants to move another one would mean we are on the same road the City was on when there was discussion about S.E. 7th of reversing our -14- 08/05!48 work on historic districts and changing a law that has worked for 20 years, She urged the Commission to study this further and not pass this ordinance tonight. Claudia Wiilis,160 Marine Way, Delray Beach, read a brief statement into the record. There being no one else from the public who wished to address the Commission regarding Ordinance No. 28-08, the public hearing was closed. Mr, Eliopoulos stated he thought the Historic Preservation Board approved this but did want this to be retroactive from 7anuary 1, 2048. Mr. Dorling confirmed that this is correct, Mr, Eliapoulos stated this Commission has not seen what this applicant is planting with this property which is no reflection that this project would be approved. Mr. Eliopoulos stated this Commission and/or future Commissions are going to have mare at heart with our historic districts than a Circuit Court judge would. He stated the Commission is going to be able to listen and understand the areas much more carefully and put more time into our thought process when we make decisions. Mr. Eliopoulos stated he feels this is a good route in that we should try to make these decisions within our Boards {HPB) and the City Commission as apposed to throwing it to the Courts. Mr. Fetzer stated there were some very thoughtful comments this evening from people that are very involved and passionate about our historic districts. He stated he supports this ordinance strictly from a philosophical standpoint because he feels the Commission has the responsibility to resolve as many of these types of issues within our City without forcing these things to go to Circuit Court. Mr. McDuffie stated we all talk about Home Rule and Local Rule and now we have something that gets out of the Commission's hands and goes to Circuit Court. He stated he sees this as streamlining some things and commented that historical homes sit in the process so long that they decay while we wait on approvals. Mr, McDuffie stated if we send that out of our City to the Circuit Court then we are dependant upon them and the timeframes that they establish and we tie some of these applicants up for onerous amounts of time while a structure sits wasting away. Mr, McDuffie stated this streamlines the process and puts the rule in the local hands. Mayor Ellis supports this amendment. She feels it is the responsibility of everyone to make sure that we do our due diligence to protect our historic districts and that we make sure that the consequences of our actions here today are kept in the promises that the Commission has made to those historic districts not only the people that are sitting here today but the people that will came after the Commission and after them. -15- 48105/08 Mr. Eliopoulos moved to adopt Ordinance No. 28-08 on Second and FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -- Yes. Said motion passed with a 4 to 0 vote. 10.B. tRDINANCE NQ. 31-08; An ordinance amending Chapter 51, "Garbage and Trash" of the Code of Ordinances by amending Section 51.01, °Definitions", Section 51.16, "Exceptions in Certain Areas and for Certain Types of Collection Services", Section 51.19, "Industrial and Hazardous Waste Disposal", Section 51.20, "Building Materials", Section 51.35, "Containers Required for Residential and Commercial Sites", Section 51.37, "Use of Other Units and Containers", to clarify certain definitions and terms regarding recycling and roll-off containers to provide that they are consistent with State Law and the City's Franchise Agreement; amending Section 51.45, "Construction and Demolition Sites", to provide for the Non-Exclusive Collection Of Construction and Demolition Debris and to provide for regulations governing such collection. The caption of Ordinance No. 31-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH" OF THE CODE OF ORDINANCES BY AMENDING SECTION 51.01, "DEFINITIONS", SECTION 51.15, "REFUSE COLLECTION RESERVED EXCLUSIVELY IN CITY OR ITS CONTRACTORS", SECTION 51,16, "EXCEPTIONS IN CERTAIN AREAS AND FOR CERTAIN TYPES OF COLLECTION SERVICES", SECTION 51.19, "INDUSTRIAL AND HAZARDOUS WASTE DISPOSAL", SECTION 51.20, "BUILDING MATERIALS", SECTION 51.35, "CONTAINERS Z~;EQLI7RED FOR RESIDENTIAL AND COMMERCIAL SITES", SECTION 51.37, "USE OF OTHER UNITS A,I~~D CONTAIItiTERS", TO CLARIFY CERTAIN DEFINITIONS A,ND TERMS REGA,RDTNG RECYCLING AND ROLL-OFF CON`T'AINERS TO PROVIDE THAT THEY AF;.E CONSISTENT WITH STATE LAW AND THE CITY'S FRANCHISE AGREEMENT; AMENDING SECTION 51.45, "CONSTRUCTION AND DEMOLITION SITES", TO PROVIDE FOR THE NON-EXCLUSNE COLLECTION OF CONSTRUCTION AND DEMOLITION DEBRIS AND TO PROVIDE FOR REGULATIONS GOVERNIlVG SUCH COLLECTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, A,ND AN EFFECTIVE DATE. -16- 08/05/08 (The official copy of Ordinance No. 31-48 is on file in the City Clerk's office.} The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Al Berg, Assistant Director of Community Improvement, stated this is the version far non-exclusive collection of Construction and Demolition (C&D) and provides for non-exclusive collections, franchise fees, application fees, performance standards and language has been added to include the recycling of solid waste materials. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 31-08 on Second and FINAL Reading, seconded by Mr, Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie ~-- Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 36-OS [FIRST READING/FIRST PUBLIC NEARING): City initiated amendment to the Land Development Regulations {LDR) by amending Section 1.3.8 "Reconstruction Necessitated by an Act of God'", Subsection (A) to provide for the ability to rebuild the pre-existing square footage as an additional circumstance in the event of destruction by an act of God. If passed, a second public hearing will be held on August 19, 2008. The caption of Ordinance No. 36-08 is as follows: office.} AN ORDINANCE OF THE CITY COIvINIISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 1.3.8, "RECONSTRUCTION NECESSITATED BY AN ACT OF GOD", SUBSECTION {A) TO PROVIDE FOR THE ABILITY TO REBUILD IN ADDITIONAL CIRCLfMSTANCES, IN THE EVENT OF AN ACT OF .GOD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. {The official copy of Ordinance No. 36-08 is on file in the City Clerk's -17- osrosros The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the current regulations allow residential and comrnerciai structures that have destroyed by an Act of God' _ to rebuild to the use and the number of units permitted by their respective certificates of occupancy. The proposed ordinance adds the term "square footage" to clarify that the structure's square footage figure permitted by the certificate of occupancy is also recognized as rebuildable in circumstances involving an act of God, At their meeting of July 21, 2008, the Planning and Zoning Board unanimously recommended approval with a 4 to 0 vote. ` The City Manager stated this is brought forward in response to concerns expressed in the hearings on the Lake Ida Design Guidelines. Mayor E11is declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 36-08, the public hearing was closed Mr. McDuffie moved to approve Ordinance No, 36-08 on First Reading/First Public Hearing, seconded by Mr. Eliapoulos. Upon rail call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes, Said motion passed with a 4 to 0 vote. 10,ll. QRDINANCE N(}. 33-08 (FIRST READING/FIRST PUBLIC IIEA-.RING): City initiated amendment to the Land Development Regulations (LDR} Section 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4,5.9(A}, "Defined" and Article 4.7 "Family/Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(p.), "Southwest Neighborhood Overlay District," to modify the description and provide far expansion of the Southwest Neighborhood Overlay District. If passed, a second public hearing will beheld on August 19, 2008, The caption of Ordinance No. 33-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, A,ME~IDING THE LASED DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.5.9, "THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", SUBSECTION 4.5.9(A), "DEFINED", AND BY AMENDING ARTICLE 4.7, "FAMILY/WORKFORCE HOUSING", SECTION 4.7.1, "DEFINITIONS", BY REPEALING SUBSECTION` 4,7.1(p}, "SOUTHWEST -18- 08105!08 NEIGHBOI?;HOOD OVE1~.I,AY DISTRICT" AND ENACTING A NEW SUBSECTION 4.7.1{p), "SOUTHWEST 1~TEIGHBORHOOD OVERLAY DISTRICT", TO MODIIi"Y THE DESCRIPTION A.ND PROVIDE FOR EXPANSION OF THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, A,ND AN EFFECTIVE DATE. (The official copy of Ordinance No. 33-08 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Darling, Director of Planning and Zoning, stated this ordinance modifies two LDR Sections which describe the Southwest Neighborhood Overlay District and this is consistent with the Comprehensive Plan Amendment to expand the Southwest Neighborhood area that was done as part of 200?-2. At its meeting of July 21, 2008, the Planning and Zoning Board unanimously recommended approval with a 4 to 0 vote. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 33-08, the public hearing was closed. Mr. Eliopoulas moved to approve Ordinance Na, 33-08 on First ReadinglFirst Public Hearing, seconded by Mr. McDuffie. Upon rail call the Commission voted as follows: Mr. Eliapaulas -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 10.E, ORDINANCE NO. 32-08: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan°', of the Code of Ordinances by amending Section 35.07, "Retirement Income; Basis, Amount and Payment", providing up to one (1) additional year of credited service for certain employees who elect to terminate City employment and retire on or before September 30, 2008. The caption of Ordinance No. 32-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES A1~TD BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDII~TANCES OF THE -19- 08/05108 CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOLJ2~T' AND PAY11rIENT", PROVIDING UP TO OZ~fE ADDITIONAL YEAR OF CREDITED SERVICE FOR CERTAIRI EZtrIPLOYEES WHO ELECT TO TE~iNATE CITY EMPLOYMENT AND RETIRE WITHiN A 60 DAY PERIOD SET BY THE CITY COMMISSION; PROVIDING A GENERAL REPEALER CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTNE DATE. office.} {The official copy of Ordinance No. 32-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with. the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Manager stated this ordinance will afford the opportunity for some employees to elect early retirement that will help the City of Delray Beach in reducing the budget. He stated the City currently has four {4} employees that would be laid off and this may open up some vacancies that the City can move some of those employees into and avoid lay-offs as well as saving the City some money. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 32-08, the public hearing was closed. Mr. Fetzer stated at the first reading of this ordinance the Commission discussed making this effective just far this current budget year. The City Attorney stated the ordinance has. been modified. Mr. McDuffie asked if these are identical terms and conditions as to what the City had last year. The City Attorney stated this is exactly the same as last year. Mr. Eliopoulos moved to adopt the Ordinance No. 32-08 on SeccSrid and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Connnlss~on voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes. Said motion passed with a 4 to 0 vote. 10.F. CfRDINANCE NQ. 34-4$ (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) amending Section 4.6.7, "Signs", Subsection {H}, "Exempt Signs", Sub-subsection {IO}, "Temporary Signs", to clarify when temporary non-commercial signs placed on the public right-of--way or on private property require the owner's permission. If passed, a second public hearing will be held on August 19, 2008. _20_ 08105/08 The caption of Ordinance No. 34-08 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.7, "SIGNS", SUBSECTION {H), "EXEMPT SIGNS", SUB-SUBSECTION {10), "TEMPORARY SIGNS", TO CLARIFY UJHEN TEMPORARY NON-CO112NIERCIAL SIGNS PLACED ON THE PUBLIC RIGHT-OF-WAY OR ON PRNATE PROPERTY REQUIRE THE OWNER'S PERMISSION; PROVIDING A SAVING CLAUSE, A GENERAL p:EPEALER CLAUSE, AND t~-N EFFECTIVE DATE (The official copy of Ordinance No. 34-08 is an file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated temporary non- commercial signs are currently allowed in the public right-of--way and this ordinance changes that to require the permission from the adjacent property owner before it can be placed in the right-of--way that immediately abuts their property, Mr. Dorling stated this stemmed from some sign activity that was going on in the Lake Ida Neighborhood in association with the Design Guidelines. It also provides to clarify that temporary non-commercial signs are allowed on private property so long as the property owner's permission is obtained. At its meeting of July 21, 2008, the Planning and Zoning Board unanimously recommended approval with a 4 to 0 vote. Mayor Ellis declared the public hearing open. Carolyn Zimmerman, 212 S,W, 2°d Avenue, Delray Beach asked if this would include garagelyard sale signs and campaign signs. The City Attorney stated it is not based on the content of any sign and if you obtain permission from the abutting property owner you can place a sign in the public right-of--way. Mr. Fetzer moved to approve Ordinance No. 34-08 on First ReadinglFirst Public Hearing, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. -21- 08/05108 10.G. FIESOLUTION NO. 27=081CONTRACT F4R SALE AND PURCHASE C}F PROPERTY/COMMI3NITY LAND TRUST: Consider approval of Resolution No. 27-08 authorizing the City to transferlsell City awned property, located at 315 S.W. 3rd Avenue, to be utilized far affordable housing purposes; and approve Contract for Sale and Purchase between the City and the Delray Beach Community Land Trust, Inc. in the amount of $10.00. The caption of Resolution No. 27-08 is as follows. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 4.6.6, "COIV.QYIERCIAL AND INDUSTRIAL USE5 TO OPERATE WITHIN A BUILDING", SUBSECTION "A", "INTENT", IN ORDER TO CLARIFY THAT ALL COI~E'vIERCIAL Alk1D ZZ~TDUSTRSAL USES SHALL CONDUCT BUSINESS INSIDE REG~.RDLESS OF ZONING DISTRICT, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFEGTNE DATE. {The official copy of Ordinance No~ 27-08 is on file in the City Clerk's office.) Terrill Pyburn, Assistant City Attorney, stated Resolution Na. 27-08 is property that the City is transferring located at 315 S.W. 3rd Street to the Community Land Trust {CLT) far affordable housing purposes. The City received the property from the County through a Quite Title and Hated that it was an the Land's Available List far a period of time that exceeded seven years. Ms. Pyburn stated the City of Delray Beach has received the Quiet Title and is transferring the property far affordable housing purposes pursuant to a County Deed that the City received from Palm Beach County that requires that we reference them in any publicity and also that the Community Land Trust {CLT) will recognize them. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolutiat~ No. 27-08, the public hearing was closed. Mr. McDuffie moved to approve Resolution No. 27-08, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. . -22- 08105108 IO.H. fRDINANCE NO. 35-08 (FIRST READINGIFIRST PUBLIC HEA-RING1. City initiated amendment to the Land Development Regulations (LDR} amending Appendix "A", "Definitions", to provide clarification of the regulation pertaining to "Tree Trust Fund." If passed, a second public hearing will be held on August 19, 2448. (ALTHOUGH THIS ORDINAN~`E HAS BEENADYEItTISED, IT' HAS BEEN F3'ITHDRA ~3'N) office.} The caption of Ordinance No. 35-48 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE L1~,ND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE CLA.p;IFICATION OF THE REGULATION FERTAINING TO "'I'I~EE TRUST FUND' ; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 35-4$ is on file in the City Clerk's The City Attorney stated this item has been withdrawn. At this point, the time being 7:38 p.m,, the Commission moved to Item 11, Comments and Inquiries ,on Non-Agenda Items from the City Manager and the Public, I1.A, City Manager's response to prior public comments and inquiries, The City Manager stated at the last meeting Mrs. Frost made several suggestions regarding the operation of the shuttle service. He stated the duplication of routes in the downtown area is designed purposely to minimize headways to reduce waiting time for passengers and thereby increase ridership. The City Manager stated the recent expansion of Route 1 has reduced waiting time in the Tri-Rail station to under 14 minutes on average and it has also reduced headways in the core area to approximately 8 minutes in the afternoon while allowing for late evening service to 14:34 p,m. for dinner patrons. There are occasions the buses do catch up with each other due to train crossings, bridge openings, and traffic. The City Manager stated drivers communicate via cell phone in an attempt to coordinate their locations to avoid this from happening. However, sometimes this does happen. The Downtown Roundabout stop and sign is at the north end of the Tri-Rail station immediately adjacent to the platform, Palm Tran would not allow the shuttle to share their bus stops. All the shuttle stops are numbered and have signs posted. He stated it is the intent of the Downtown Roundabout to provide a transportation service and it would be difficult or impossible to keep an informational audio tape synchronized to specific -23- 4$145148 stops while continuing with traffic; train crossings, and bridge openings. The annual City Guide which includes information regarding the Downtown Roundabout is produced by the Downtown Development Authority (DDA). The route schedule and map is donated by the Marriott Hotel, the Residence Inn, the Colony Hotel and the Downtown Development Authority and the City will work with them to improve the annual City Guide as it is reprinted from time to time. 11. From the Public. 11.B.1. Carol n Zimmerman 212 S.W. 2"d Avenue Delra Beach stated she knows this is a terrible time economically for everyone and decisions have to be made to pay for the expenses to run this City but the basic needs of the community need to be taken care of (i.e. Police, Fire & Animal Control). Miss Zimmerman stated besides children pets come first. She feels the City has been lucky to have an officer for animal control for ten years and the citizens need the protection that has been given to the town. She stated if we turn our needs over to the County then the needs will not be met. Miss Zimmerman stated the County is already overworked and they have thousands of animals that they take care of including horses, goats, pigs, and wild animals. She feels the County will be unable to come immediately to the City. Miss Zimmerman stated she knows that the business community needs to bring people downtown and we have many events. However, she feels these events should pay for themselves and pay a fee to the City so that the City can make some money. She stated we have a tennis center that should be making money in spite of the fact that it cost $1 million to run it. Miss Zimmerman stated she knows that she begged for this tennis center but she did not beg for it to be a liability to the City. She stated the City could have waited for a parking garage until the financial picture. changed. Miss Zimmerman stated the Federal Highway poles are good and have slowed down traffic. She feels the City should slow down on the construction of Federal Highway until finances become better. The City has hired a few assistants and the assistants have hired an assistant. Miss Zimmerman stated she believes they are needed but feels the City could have waited until the financial picture changed. She asked why the City built an addition to City Hall that is not attached and feels money could have been saved by connecting the building and waiting until times got better. Miss Zimmerman stated we have iguanas, feral cats, and fighting dogs that have been taken care of by our Animal Control Officer and asked who here would have the nerve to face these situations that she has. She stated citizens that have heard of the problems regarding animal control money have donated dog and cat foods. Miss Zimmerman stated the City cannot just eliminate something that has been good for the City and feels there are other ways that we can conserve costs. 11.B.2. Jean Beer, 2145 S.W. 26~h Terrace, Delray Beach, echoed Carolyn Zimmerman's concern to continue the animal control because she feels that feral dogs and cats are a danger to citizens. Mrs. Beer stated the first job of City government is to protect its citizens and she understands it is a bad budget year. Mrs. Beer stated every contract the City has had for the tennis stadium has been a thirty year contract and every time it was time for them to pay the bill they broke it. She stated she has heard -24- 08/05/08 over and over about ail the money it brings into Delray Beach and she has not known of any study that showed facts as to what the actual take of the business community was as a result of the one tennis tournament that is costing the City a fortune. Mrs. Beer commented about Federal Highway and suggested to leave it temporary because it looks fine and it is doing the job. She suggested that the City leave it temporary for 2-3 years. She stated the Community Redevelopment Agency (CRA) was initiated to stop blight in the City more than 25 years ago it is still going and people that find it profitable will continue the CRA forever. Mrs. Beer stated she does not see very many blighted spaces around the City and according to the newspaper the CRA is now subsidizing rents in the downtown. She stated it is time to start phasing it out. The debt is between $16 and $ l million and is City debt eventually. The last report she had from the CRA showed $4.5 million in debt service which is approximately one- third of what they are taking in for City TIFF funds. Mrs. Beer stated the City is spending money on everything and anything and feels we need to get back to basic City services for the residents. She stated cities are not supposed to be having two-thirds of the tax paying residents subsidizing one-third of the tax paying residents forever in perpetuity. She feels it is time for the City to think ahead. 11.B.3. Shirley Johnson, '701 N.W. 4th Street, Delray Beach, stated when she heard about the Animal Control Officer possibly being eliminated she thought what is going to be done about all the stray animals running up and down the streets now. She stated the Animal Control Officer is vastly overwhelmed with what the City currently has and cannot imagine Delray Beach without someone who can pick up the telephone and call and know that she will be there hopefully within the day. Ms, Johnson reminded the Commission that last year a gentleman was dining in downtown Delray Beach an Atlantic Avenue with his family and was attacked by a couple of stray dogs. Ms. Johnson stated she is sure that the Animal Control Officer was called to take care of the problem and believes it was resolved quite well and is sure that if there was na one else to call that the County would not have responded as quickly as she did. Ms. Johnson stated on a~personal note, she had someone occupy her home and they were evicted and left a pit bull in the garage. Ms. Johnson stated in order for her to occupy her home she had to have the dog removed and her alternative was to poison the animal or pay someone to remove the dog or call the Animal Control Officer. Ms. Johnson stated the Animal Control Officer came and calmed the animal down and removed the dog, Ms. Johnson stated she will forever be grateful far her service and prays that the Commission will think of some other way to cut something else that we are not in need of but we are definitely in need of the Animal Control Officer. 11.8.4. Chuck Ridley, 137 S.W. 12t`' Avenue, Delray Beach, stated he has the pleasure of being the President of the Atlantic Park Gardens Homeowners Association. Mr. Ridley stated his purpose of being here this evening is to ask for the City's partnership and support with his neighborhood association on a real critical issue facing them. He stated they have had the opportunity to work with Jennifer Costello, Neighborhood Planner for the Neighborhood Resource Center who has been excellent in helping them reorganize the neighborhood association. Mr. Ridley stated they have worked with Captain Sims and Lieutenant Coleman of the Police Department about _ 25 _ 08~OSJ08 problems the neighborhood has been having with drug trafficking and noted that this problem still exists in his neighborhood. He stated as we look at the investment that is going to come rota his neighborhood it is hard to keep his neighbors motivated when ; they walk out on a regular basis and on one corner of the neighborhood see open air drug sales. He stated he has done enough research on both sides of the law to know what drug dealing is and to understand its devastating impact not aaly on families but the community at large. Mr. Ridley stated far Officer Sims and Officer Coleman to not have been able to resolve this he suspects that they do not have the resources and urged the Commission for their support to mitigate this problem. 11.8,5. Leroy Folks, 242 S,W, llt" Avenge, Delray Beach, stated the drug problem is still present in his neighborhood. Mr. Folks stated he is threatened on a daily basis and he is trying to protect his family. 11.8.6. Shirley Jacobs, 2772 S.W. 6t" Street, Delray Beach, stated she has been a resident of Delray Beach far 12 years and 10 years out of those 12 she has been a volunteer for the Folice Department. She stated she is presently on the Home Front Security Patrol and expressed concern over animal control. She feels it would be a mistake to eliminate the Animal Control Officer because there are dogs that are loose and dangerous; and the City needs someone who is compassionate, knows what they are doing, and who is a hard worker. She believes this is the Animal Control Officer the City already has. She stated this is something very important to many different people and it depends upon the Commission as to how safe the City is going to remain. Ms. Jacobs stated she loves Delray Beach and would like to see it stay safe. At this point, the time being 7.53 p.m. the Commission moved back to the Regular Agenda as Item 9.A,A,A,A. 9.A.A.A.A. FLORIDA DIVISION OF EMERGENCY MANAGEMENT/OLD SCHOOL SQ-IJARE WINDOW REPLACEMENT: Approve and authorize the Mayor to execute an agreement with the Florida Division of Emergency Management for the installation of 227 impact resistant glass windows at Old School Square. Funding is available from 334-6112-519-46.90 (General Construction Fund/Other Repairlllriaintenance Costs}. Richard Hasko, Director of Environmental Services, stated staff has been working for years to try and get adequate grant funding to give the Old School Square facilities window storm protection. Mr. Hasko staff finally gat everything in line and got all of the interested historical people interested an a State level on Board and FEMA is an board as well. He stated the agreement before the Commission is the grant agreement with FEMA for providing storm window replacements for all of the Old School Square buildings. Mr. Hasko stated it is a 75% reversible grant and has an estimated schedule for the entire project of approximately 33 months and there are same in-kind associated costs far the City. He stated staff will be putting together the bid documents and handling this in-hawse and the total project cost is $647,365.00. -z6- osiosros Mr. Eliopoulos stated he is very happy to see that we are finally getting there. He expressed concern over how staff is going to proceed, does this go out to bid, and do we know the defined scope. Mr, Hasko stated staff will be bidding the project and putting the bid specs in-house and to some degree he thinks they will be performance related specifications. Staff will address the structural integrity as well (not only the window but what it is being attached to}. Mr. Eliopoulos moved to approve Item 9.A.A,A.A. (formerly Item 8,G. of the Consent Agenda}, seconded by Mr. Fetzer, Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. S,Z,2, CONTRACT AWARD/J.W. CIIETHAM, LLC.: Contract Award to 7.W. Chetharn, LLC in the amount of $215,396,04 for construction of the Environmental Services Department new entrance. Funding is available from 441- 5161-536-68.24 (Water & Sewer Fund/ESD-Access RdlProperty Ln). Richard Hasko, Director of Environmental Services, stated this proposal is for a contract award to do some improvements and re-alignment of a roadway internal to the Environmental Services Department property to the compound. Mr. Hasko stated it has been postponed for a couple of years. He stated quite some time ago a new fire apparatus facility was built and the City now has a facility indoors where they can maintain fire apparatus. Mr. Hasko stated the traffic problems it tends to create in the yard have~to do with the maneuvering that either the fleet mechanics or the operators from fire rescue have to do to get the vehicles out of the maintenance bays back around the compound into the street. After the facility was built staff intended to straighten out a road which exists along the south side of the compound and basically goes straight out to Swinton Avenue. Mr. Hasko stated they want to improve this and straighten this out so that rather than having to make left or right sharp turns with the big fire trucks carving out of the maintenance bay and then going around the •compaund and trying to make very tight maneuvering toms to get back to the entrance of the compaund staff wants to take them straight out of the bay (east} directly to Swinton Avenue so that they almost do not have to turn their wheels. Mr. Hasko stated this would help reduce the issues with the traffic movements in the compound. He stated since the construction of the Environmental Service Department building they have had one of the gates an S.W. 7`~' Street open on a regular basis during daily hours as an alternative access paint to the compound. Mr. Hasko stated there are security concerns because this is a gate that leads right into the Water Treatment Plant. Prior to staff using it as a secondary access to the site, the gate stayed closed all the time. He stated there is a camera on the gate and it was only opened when the truck drivers to deliver chemicals would push a button and it was opened from the inside of the Plant. This road access point will also provide the additional access to and from the compaund that will allow staff to keep the gate closed at the Water Treatment Plant and clear up some of the security issues. Mr. Hasko stated there is an alternate bid which staff is recommending award that has to do with a Planning requirement to do a screen wall on -27- 0$/0508 the south property line between the ESD maintenance compound and the residential lots on 6`h Street. Mr. Eliopoulos stated the reason he pulled this item is because he was concerned with how important this is and commented about the sum of money. He stated he realizes these are Capital Improvement type projects that are happening but he wanted to make sure this was the best use of this money during this time period. Mr. Eliopoulos moved to approve Item 9.A.A.A.A.A. (formerly Item 8.Z.2. of the Consent Agenda}, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows; Mr, Fetzer -Yes; Mr. McDuffie -Yes; Mayor E11is - Yes; Mr. Eliopoulos -Yes, Said motion passed with a 4 to 0 vote. 9.A. WAIVER REQUESTICEME~;IRINI~~R: Consider a waiver request for Cemex/Rinker, located at 1700 West Atlantic Avenue, from Code of Ordinances Section 54.06 (b){2}, which requires that total above ground fuel storage shall be less than 40,000 gallons and that no one above ground fuel tank be larger than 6,000 gallons at a site (15,000 gallons proposed). (Quasi-Judicial .Hearing) Mayor Ellis read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications, The Commission had no ex parte communications to disclose. Paul Darling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2008-201 into the record. Mr. Darling stated this waiver is in connection with property located at I- 95 and West Atlantic Avenue known as the Rinker Material site which is an industrial manufacturer of concrete and cinder blocks. He stated the waiver is subject to LDR Section 2.4.7(8}{5} findings made in the Planning and Zoning staff report, The current ordinance in the Code of Ordinances Section 53.064(B}(2} allows a total of ~~40,000 gallons of storage on site and that further limits it to 6,000 maximum. per storage tank up to six taclks. He stated the waiver requested today is to allow one 15,000 gallon tank L1L 2080 double wall above ground storage taGnk. The Fire Marshall has determined that this specific tank is acceptable on this site and the facility will be internal to the site and screened by stockyard of at least 12 foot tall rows of concrete blocks which are internal to the site, Staff recommends approval of the waiver request. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. -28- 08105/08 Fred Rice, owner of Fred Rice, L.L.C., stated he does the work for Rinker and other major companies in the State of Florida. He stated that by putting the tanks above the ground 15,000 gallons or larger rather than being underground there is no type of underground population because everything can be monitored daily and monthly. Mr, Rice stated the tank is ,better situated than when it is underneath the ground. There being no one else from the public who wished to address the Commission, the public hearing was closed. The City Attorney briefly reviewed the Board Qrder with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes}. Mr. Eliopaulos moved to approve the Board Qrder as presented; seconded by Mr. Fetzer. I7pan roll call the Commission voted as follows; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliapaulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.B. REQUEST FOR IN-LIEU PAIZKIN+G SPACES/HA.MI~IAD SIIOPPES: Consider a request from Hamrnad Shoppes far the purchase of four (4} in- lieu parking spaces in the amount of $16,000.00 to accommodate the construction of additional interior floor-area. Hammad Shoppes is located at 139 N.W. 5th Avenue. (Quasi Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony an this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex pane cantmunications to disclose. Scott Aronson, Parking Management Specialist, stated Hammad Shoppes is Located at 139 N.W. 5th Avenue and is in for a request far four (4} in-lieu parking spaces to accommodate the construction of additional interior floor area. In December 2007, Harrtmad Shoppes was approved fora 1,012 square foot expansion to the rear of the property and during that canstnzction it was discovered that a 1,152 square foot mezzanine was being constructed interior to the building that was not included an the approved plan. Mr. Aronson stated the construction was stopped and a site plan modification was submitted for that mezzanine. He stated Land Development Regulations (LDR} Section 4.4.13(G}(2}(c}, which requires the provision of the one (1} parking space per 300 square feet of grass floor area. The four (4} spaces is in the West Atlantic area and one space per 300 feet is four (4} spaces and it is $4,000.00 per space in the West Atlantic area worth $16,000.00 and would be paid through an in-lieu of parking fee agreement which is 50% upon signing of the agreement and two subsequent payments of 25°I° on the second and third anniversaries of the agreement pursuant to Section 4.6.9. Mr. Aronson stated Hanunad Shoppes is a grocery store and the two -29- 08/05/08 remaining bays will be take-out pizza only and a clothing store. He stated these uses are historically short stays and the original proposal for the 1,072 square foot expansion has four {4) new parking spaces for a total of 14 spaces on-site plus it originally had backup parking on N.W. 5th Avenue and the parking was relocated to the rear alley. The N.W. 5th Avenue Beautification that is still being completed had four {4) on-street parking spaces placed right in front of this property so there are now an-street parking spaces along that block but more importantly four (4) in front of the property. He stated the uses in the facility are short term vehicular trips ordinarily with the exception of the clothing store which are also usually short stay trips. Mr. Aronson stated the Comprehensive Plan talks about innovative ways to provide parking and the in-lieu program supports those innovative ways of providing the parking, Mr. Aronson stated this item was supported by the Parking Management Advisory Board and the Community Redevelopment Agency {CRA) at their meetings of July 22, 2008 and July 24, 2008. The project has not been presented to the Downtown Development Authority (DDA) or the West Atlantic Avenue Redevelopment Coalition {WARC) at this point due to timing of those meetings and as this project was underway staff has had to ask them to stop their construction. Staff recommends approval. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the request for in-lieu parking spaces, to please come forward at this time. Mayor Ellis asked if this mezzanine is an open area. In response, Mr. Aronson stated the mezzanine is for storage only and at this point there is no ADA {Americans with Disabilities Act}accessibility to the area {stairways only}. He stated in order for this to be for customer use area and in order to be customer use area the City would have to provide ADA accessibility {i.e. an elevator of some sort}. Mr. Aronson stated this was not on the approved site plan that went through Planning and Zoning and when the building permit set was submitted and construction commenced it was noticed that a mezzanine was included. At that point, staff questioned and asked the applicant to come through with the site plan modification. Mrs. Ellis asked if construction has stopped. Mr. Aronson stated he believes that there is still construction going on but it is somewhat exterior construction that is being completed. He stated this item will be going before the Historic Preservation Board {HPB) tomorrow for approval of the site plan. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. McDuffie maned to approve the Board Order as presented, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; IVIr. Fetzer -Yes; Mr. McDuffie -- Yes. Said motion passed with a 4 ~ to 0 vote. ! -30- 08105/08 9,C. THIS ITEM HAS BEEN POSTPONED DUE TO A REQUEST FROM THE APPLICANT. 9.D. REVISIONS TO RISK MANAGEMENT POLICY: Consider approval of a revision to the Risk Management Policy regarding Bodily Injury, Property Damage & Worker's Compensation Claims and Litigation and Settlement Authority, The City Attorney stated this is an administrative policy and procedure that has not been updated since the 1~80's. She stated there was an attempt to modify this policy; however, there were some things left out such as the City Attorney's authorities to settle when things are brought to the City Commission. The City Attorney stated this policy seeks to incorporate all those things the Risk Manager put in there but also to include the monetary limits of when staff brings something to the City Commission. Mr. Fetzer moved to approve the revisions to the Risk Management Policy, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr, Ellopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a ~ to 0 vote. 9,E. THIS ITEM HAS BEEN MOVED UP ON THE REGULAR AGENDA AS ITEM 9,A.A, At this point, the Commission moved to Item 9.F, of the Regular Agenda. 9.F. REQUEST TO ADVANCE COUNTY FUNDINGIROOTS CULTURAL FESTIVAL, INC.: Consider approval of an agreement between the City and Palm Beach County to provide advance funding in the amount of $10,000, for Roots Cultural Festival, Inc. which will be reimbursed to the City through Palm Beach County grants. Funding is available from 001-1111-511-48.10 {General FundlSpecial Events). Robert A. Barcinski, Assistant City Manager, stated this is a request from the Roots Cultural Festival from Alberta McCarthy to provide a $10,000.00 advance for the County grant funding. He stated this is an item that came to Roots at a late date and the funding left available from the Recreational Assistance Grant Program controlled by Commissioner Addle Greene. Mr. Barcinski stated the City did this last year for them and we were able to get the money back from the County: Mr. Eliopoulos moved to approve the request for the Roots Cultural Festival County grant advance in the amount of $10,000.00, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr, Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. -31- 08/05108 9.G. APPOINTMENTS TO THE PLANNING & ZONING BOARD: Appoint four (4) regular members to the Plaruzing & Zoning Board to serve a two (2) year term ending August 31, 2010.. Based upon the rotation system, the appointments will be made by Mayor Ellis {Seat #5}, Connnissioner Eliopoulos {Seat #1}, Commissioner Fetzer (Seat #2}, and Commissioner McDuffie {Seat #3). Mayor Ellis stated she wished to reappoint Paul Zacks as a regular member to the Planning and Zoning Board to serve a two {2) year term ending August 31, 2010. Mr. Fetzer so moved, seconded by Mr. McDuff e. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis ' - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to {} vote. Mr. Eliopoulos moved to reappoint Cary Glickstein as a regular member to the Planning and Zoning Board to serve a two (2} year term ending August 31, 2010, seconded by Mr. McDuffie. Upon roll the Commission voted as follows: Mayor Ellis - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. Mr. Fetzer moved to reappoint Deborah Dowd as a regular member to the Planning and Zoning Board to serve a two {2) year term ending August 31, 2010, seconded by Mr. Eliopoulos. Upon roil call the Conunission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor E11is -Yes. Said motion passed with a 4 to 0 vote. Mr. McDuffie moved to reappoint Joseph Pike as a regular member to the Planning and Zoning Board to serve a two {2) year term ending August 31, 2010, seconded by Mr. Eliopoulos. Upon roil call the Commission voted as follows: Mr. Fetzer -Yes; IVIr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 9.H. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint five {5) regular members to the Historic Preservation Board. Based upon the rotation system, the appointments will be made by Mayor Ellis (Seat #5), Commissioner Eliopoulos {Seat #1}, Camrnissioner Fetzer {Seat #2), Commissioner McDuffie {Seat #3) and Mayor E11is {Seat #5). Mayor Ellis stated she wished to appoint Dan Sloan as a regular member to the Historic Preservation Board {HPB) to serve a two (2) year term ending August 31, 2010. Mr. McDuffie so moved, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. Mr. Eliopoulos moved to appoint Thomas Stanley as a regular member to the Historic Preservation Board (HP$) to serve a two (2) year term ending August 31, 2010, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor E11is -Yes; Mr. Eliopoulos '-- Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. -32- 08I05i08 Said motion passed with a 4 to 0 vote. Mr. Fetzer waved to reappaint Roger Cope as a regular member to the Historic Preservation Board {HPB} to serve a two (2} year term ending August 31, 2010, seconded by Mr, Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliapaulas -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. Mr. McDuffie moved to reappoint Keith Snider as a regular member to the Historic Preservation Board (1-1PB} to serve a two (2} year term ending August 31, 2010, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; I1?lr. McDuffie -- Yes; Mayor E11is -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. Mayor Ellis stated she wished to reappaint Toni Del Fiandra as a regular member to serve an unexpired term ending August 31, 2009, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr, Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9,I. APPOINTMENT TO THE DO~'4'NTOWN DEVELOPMENT AUTHORITY: Appoint one { 1) regular member to the Downtown Development ` Authority (DDA} to serve a three {3} year term ending July 1, 2011. Based upon the rotation system, the appointment will be made by Carmnissioner McDuffie {Seat #3}. Mr. McDuffie moved to appoint Diane Franco as a regular member to serve a three (3} year term ending July 1, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr, Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9~J. APPOINTMENT TO THE EDUCATION BOARD: Appoint one {1} regular member to the Education Board to serve an unexpired term ending July 31, 2009. Based upon the rotation system, the appointment will be made by Canunissioner Eliopoulos (Seat #1}. Mr. Eliopoulos move to appoint Melanee Blankstein as a regular member to the Education Board to serve an unexpired term ending July 31, 2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9,K, AP"POINTMENT TO THE BUDGET TASK FORCE: Appoint one (1 } regular member to the Budget Task Force to serve a one (1 } year term ending July 3~1, 2009. Based upon the rotation system, the appointment will be made by Mayor Ellis {Seat #5}. -33- 081O5J08 Mayor Ellis stated she wished to reappoint Robert Moore as a regular member to the Budget Task Farce to serve a one {1} year term ending July 3.1, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -- Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 4 vote. 9.L. APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one {1}alternate member to the Public Employees Relations Conunission to serve an unexpired term ending August 31, 2010. Based upon the rotation system, the appointment will be made by Commissioner McDuffie {Seat #3}. Mr. McDuffie moved to appoint David Haycock as an alternate member to the Public Employees Relations Commission to serve an unexpired term ending August 31, 2014, seconded by Mr. Fetzer, Upon roll call the Commission voted as follows. Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 4 vote. 12. FIRST READINGS: 12.A. NONE. At this point, the Commission moved to Item 13, Comments and Inquiries an Non-Agenda Items from the City Manager and the City Commission. 13, COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated he and Assistant City Manager Doug Smith met with the staff from Municipal Solutions to go over their final report and staff will get this to the Commission in the next day or so. The City Manager stated Municipal Solutions will make a presentation to the City Commission at the August 12, 2408 Workshop Meeting. 13,B. City Attorney The City Attorney stated she really enjoyed the S.P.I.R.I.T. Banquet. 13.C. City Commission 13.C.1. Mr. McDuffie Mr. McDuffie stated they were notified by Mayor Jerry Taylor that they were having a problem with the PBA Building and some of the events that are being held there. Mr. McDuffie stated the Commission was emailed by one of the officers who were trying to have a meeting set up with the residents up there. Mr. McDuffie -34- 08145148 asked if th%s meeting is being rescheduled. The City Manager stated this meeting is being rescheduled. Mayor Ellis stated she explained to Mayor Taylor that Comrissioner McDuffie had started the emails and that it is being worked on and he would like to be kept in the loop of anything that transpires, Mayor Taylor stated there appears to be a problem with their reuse lines which need to be placed on Delray Beach property. They were having difficulty getting permits for them and she passed this on to Mr. Hasko. The City Attorney stated Attorney David Tolces is working on this on behalf of the City of Boynton Beach and was able to set up a meeting. Secondly, he stated several weeks ago three ladies from Cason United. Methodist Church contacted him about a project they are very excited about. Mr, McDuffie stated there immediately west of the church is a five acre tract which is undeveloped. He stated their proposal is to turn that into green space in the form of a community garden. Mr. McDuffie stated this would be a garden where there are above ground plots where organizations and charities could actually acquire rights to that plat and vegetables, etc. would be grown in it. He stated if it turned into a cotrununity garden for things that could be sold there or at the green market he would be interested in hearing about this, Mr. McDuffie stated green space is hard to find and feels it is a good thing if someone is willing to take five acres and commit it for green space by putting a community garden in and by bringing the Boy Scouts and all sorts of other people in there. Mr. McDuffie stated they asked for assistance with trees because they wanted to put shade in. He stated they have a PowerPoint presentation and he suggested that they attend a Workshop Meeting and show the Commission what they have in mind. Mr. McDuffie stated this is a very interesting concept and it will be all organic, have benches and quiet areas. He stated he believes this is a great cause and it is worthwhile for the Camrnission to listen to their presentation. 13.0.2. Mr. Fetzer Mr. Fetzer congratulated the City's new Commissioner Mackenson Bernard and stated the Commission is glad to have him as part of their team. Secondly, Mr. Fetzer stated the S.P.I.R.LT. Banquet was a great event and congratulated the S.P.I.R.I.T. Committee far doing a great job with planning the event. 13»0»3. Mr. Eliaaoulos Mr, Eliopoulos congratulated Commissioner Mackenson Bernard and stated there was a good group of applicants, -35- 08105/08 Secondly, Mr. Eliopoulas stated he would like staff to look into a 4-day work week as like some other municipalities are doing. The City Manager stated there could be potential problems with certain employees with child care issues and the public wanting to be able to use the City's facilities. He stated some employees are on 4-day work weeks and staff is looking to expand that. The City Manager stated far field crews you not only save in fuel and air conditioning costs but they are only having to go to the job site 4 days instead of S days and the City is looking at this option and will continue to follow the development of it. Mr. McDuffie stated this is done in a number of locations in the Board of County Commissioners offices and some of the constitutional officials, He stated if the commuting takes employees off of the road that one day there is essentially a 20% savings in green house gases, etc. Mr, McDuffie stated the City would have to be careful to look at each department because some departments are very customer service oriented and you could lose 20°l0 of your customer service staff. He stated some people have made it work. There was brief discussion between the Commission regarding the State of Utah and Hawaii going to a 4-day work week. Mayor Ellis suggested that staff could stagger and rotate their off day and work a 4-day work week so that City Hall would remain open for the entire week. 13.0.4. Mayor Ellis Mayor Ellis welcomed Commissioner Mackenson Bernard and stated her interview with him was extremely enlightening. Secondly, she stated she will be looking forward to the August 12, 2008 Workshop Meeting. After brief discussion, the Commission noted that Commissioner Mackenson Bernard will be sworn in on August 12, 2008 in the Commission Chambers just before the Workshop Meeting and then they will relocate into the First Floor Conference Room. There being no fin-ther business, Mayor Ellis declared the meeting adjourned at 8:44 p.rn. -36- 08JOS/08 ATTEST: ~~ ~~ MAYQR 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 August 5, 2008, which Minutes were formally approved and adopted by the City Conunission on August 19 , 2 0 d 8 ~~ City Clerk NOTE TO READER• If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -37- 08/05/08 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FCJR CEMEX/RINKER ORDER OF THE GITY CC}MMISSItJN CJF THE GITY QF DEFRAY BEAGH, FLORIDA 1. This waiver request has came before the City Cammissian on August 5, 20(}8 where the applicant is requesting a waiver to allow a 15,000 ga#lon UL 2080 double wall above ground storage tank, 2, The Applicant and City staff presented documentary evidence -and testimony to the City Cammissian pertaining to the waiver request far CemexlRinker. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection t. I: WAIVER: Pursuant to Section 53.064(8}{2} of the Code of Ordinances an above ground storage tank larger than 6000 gallons is not allowed. The applicant has requested a waiver to this requirement in order to allow a 15,000 gallon storage tank. .Pursuant to LDR Section 2.4.7{B}{5}, prior to granting a waiver, the apprav.ing body shal# make a finding that the granting of the waiver:- (a) Shall not adversely affect the neighboring area; (b} Shall not significantly diminish the provision of public facilities; (c} Shall not create an unsafe situation; -and, {d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant ar owner. Does the waiver request to allow the 15,000 gallon UL 2080 double wall above ground storage tank meet all the requirements of 2.4,7(8}(5}? Yes 4 No 0 3. The City Cammissian has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan, ' I~en, q.A.a~`~~r 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. used on the entire record before it, the City Commission approves X denies the waiver request to Section 53.464{B}{2} of the Code of Ordinances. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5'h day of August, 2448, by a vote of 4 in favor and 4 opposed. ~ .--'° c,.. ATTEST: Rita Ellis, Mayor ~• evelle Nubin, ~ ity Clerk 4 IN THE CITY COMMISSION CHAMBERS OF "fNE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR HAMMAD SHOPPES ORDER OF THE CITY CC3MMISSION OF THE CITY OF DELRAY BEACH,. FLORIDA ~ . This in lieu parking fee request far the purchase of 4 parking spaces in- lieu has came before the City Comn°~ission an August 5, 2t}08. ~, The Applicant and City staff presented documentary evidence and testimony to the Gity Commission pertaining to the in lieu parking fee request far the Flamrnad Shopper located at 139 NW 5`~' Ave. All of the evidence is a part of the retard in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE. Pursuant to LDR Sectian 4.6.9{E}{3}, when additional parking is required .due to expansions of use to an existing building and it is impassible ar inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request far the purchase of 4 parking spaces in-lieu meet the requirements of LDR Sectian 4.6.9{E){3} and the conditions, if any, listed below? At ~4,0OO.OQ per space totaling $16,OOQ.00 an the condition that fifty percent {60%} be paid upon signing the agreement and twenty-five percent {25%} be paid an the second and third anniversaries of the agreement. Yes 4 No 0 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9{E){3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. I+~ G ~. ai,i~ 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. .Based on the entire record before it, the City Commission approves X denies the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of August, 2008, by a vote of 4 in favor and 0 opposed. ~._ ATT ST: n Rita Ellis, Mayor ~~ C evelle Nubin, Ci~y Clerk 2