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04-21-09 Regular Meeting MinutesAPRIL 21., 2009 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:01 p.m., Tuesday, April 21, 2009. 1. Roll call showed: Present- Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Mackenson Bernard Mayor Nelson S. McDuffie 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 2. The opening prayer was delivered by Reverend Nancy Norman with Unity of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. The City Attorney requested that Item 8.E., Rescind and Re-Award ContractlFlorida Higbway Products „~FHP), Inc. be removed from the Consent Agenda and ~nnoved to the Regular Agenda as Item 9.A.A. Mr. Eliopoulos requested that Item 8.D., A~reementlWallace Roberts & Todd ,,,,., Agenda as LLC, be removed from the Consent Agenda and moved to the Regular Item 9.A.A.A. and Item S.L., _Special Event RepuestlDelray,, Beacb Film Festival be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A.A.A. Mr. Bernard moved to approve the Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard --Yes; Mayor McDuff e ~- Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 04/21/09 5. APPROVAL OF MINUTES: Mr. Fetzer moved to approve the Minutes of the Regular Meeting of April 7, 2009, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Teenage Safe Driving Awareness Week - April 20-25.2009 Mayor McDuffie read and presented a proclamation hereby recognizing April 20-25, 2009 as Teenage Safe Driving Awareness Week in Delray Beach, Florida. Former State Representative Irv Slosberg carne forward to accept the proclamation and gave a few brief comments. 6.B. Elks Lod e #1770 - 60t~' Anniversa Mayor McDuffie read and presented a proclamation hereby proclaiming April 30, 2009 as The Elks Lodge #1770 60th Anniversary and commend them on their outstanding dedication, service, and support to our community. Dick Schmidt came forward to accept the proclamation and gave a few brief comments. 6.C. The Plastrid a Insurance A enc - 90t'' Anniversar Mayor McDuffie read and presented a proclamation hereby recognizing Plastridge Insurance Agency on its 90th anniversary and urges all citizens of Delray Beach to officially recognize the spirit of community action displayed 6y Plastridge Insurance Agency, for the past ninety years. Connor Lynch came forward to accept the proclamation and gave a few brief comments. 6.D. Silver Star Banner Day -May 1, 2009 Mayor McDuffie noted that this proclamation will be mailed. 6.E. Munici al Clerk's Week - Ma 3-9 2009 Mayor McDuffie read and presented a proclamation to Chevelle D. Nubin, City Clerk. Chevelle D. Nubin, City Clerk came forward to accept the proclamation and thanked the City Commission. Mayor McDuffie stated behind the scenes there is a tremendous amount of work done in the City Clerk's office and also extended his personal thanks as well. -2- 04/21/09 Mayor McDuffie read and presented a proclamation hereby proclaiming May 1, 2009 through May 31, 2009 as National Preservation Month and call upon the citizens of Delray Beach, Florida, to join their fellow citizens across the United States in recognizing and participating in this special observance. Stephanie Shipley, Executive Director of the Delray Beach Historical Society, came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. S.P.I.R.Y.T. (Service, Performance, Inte~rrty, Resuonsibility, Innovation, Teamwork) Committee Quarterly Emuloyee Awards Presentation Doug Smith, Assistant City Manager, stated Roseanne DeChicchio serves as the Public Information Office Administrative Assistant and if anyone has had the opportunity to meet or work with Roseanne, her attitude and work ethic is outstanding. Mr. Smith stated she works very well with other City staff members and presents a very positive image of the City to members of the public and to the staff that she interacts with. He stated an example of Roseanne's dedication is that she consistently makes herself available on the weekends or after hours to take photos of City and community events. Mr. Smith stated the S.P.I.R.I.T. nomination that he submitted Roseanne for focuses on the work she provided to support the International Tennis Championships. He stated Roseanne is instrumental in helping to contribute to the attendees' enjoyment by being a tremendous representative of the City. Mr. Smith stated she is a dedicated City employee who exemplifies S.P.I.R.I.T. in her attitude and actions. Mr. Smith presented Roseanne DeChicchio with the quarterly 5.P.LR.LT. award. Roseanne DeChicchio came forward to accept the award. Assistant Police Chief Joseph Milenkovic stated that we had some visitors to our City and they were lost and one of the visitors is handicapped. Chief Milenkovic stated Lieutenant Michael Coleman took the time to put them in his car and take them where they needed to go. This exemplifies the type of work that we get throughout the City with people going above and beyond their call of duty. Mayor McDuffie stated Lieutenant Michael Coleman is also very involved with our youth. sports programs and if there is a football camp around town you are going to find him there as well. Mayor McDuffie thanked Lieutenant Coleman for all he does for the kids and the sports programs. 7.B. Ci of Delra Beach Residents Academ Certificates -Janet Meeks Janet Meeks, Education. Coordinator, introduced the 15E~' graduating class for the Residents' Academy and Mayor McDuffie presented them with certificates: Michael Baggett Chloe Bedenbaugh Rick Bollinger -3- Ahmed Burton Eileen Bushman Meg Cohn 04/21/09 Carol Corey Joseph Kamarata Ellen Ehrenkranz Dale Medeiros Yolaiua Ruiz Andrea Sullivan Rich Reade Bonnie Reiter Rodger Ribeiro, CPRP Alberta Gaum-Rickard Kevin Rickard Eero Salomaa Sara Tilly Elaine Zazeski Peter Tinkham At this point, a participant from the Residents' Academy stated this is a great program and she did not realize how many things are accomplished from the City of Delray Beach. 7oseph Kamarata, briefly spoke about the highlights of the Residents' Academy and thanked City staff for a jab well done. Mrs. Meeks thanked all the department heads for presenting at the Residents' Academy and appreciates meeting all these fine residents. She announced that October 2009 is the next session for the Residents' Academy. 7.C. Economic Stimulus Grant Uudate -Lisa Kin~~„Langton Associates Lisa King, Vice President of Langton Associates, gave a brief overview of the City's efforts to try to pull down their share anal more of the Federal Economic Stimulus package. Ms. King stated they have worked with Delray Beach in the past and noted that they are a full service grant consulting firm that works predominantly with local governments in Florida. Ms. King stated the Federal Government passed the American Recovery and Reinvestment Act and it was signed in law on February 1 S, 2009 and it allocated $7$7 billion for spending in tax provision. She stated 400 plus pages of the Act contain no less than 34 different groupings of funding which is filtering through 150 separate grant programs. Ms. King stated their first task when they came to work with the City in March was to work with staff through the grant team to identify each of the grant programs that would have a possible Delray Beach project. She stated their strategy in trying to pull dawn as much money as possible was to centralize all of these efforts to the grant team. Ms. King stated their strategy included preparing the team members through establishing group emails so they could make sure that everyone was communicating and that no opportunities would be missed along with educating them and registering them in grants.com and other online submission websites. Future targets include the State Energy Program, the Weatherization Assistance Program, Community Services Block Grant Program, Homeless Prevention Fund and the Dislocated Worker, Adult Employment, and Youth Activities Grants. She stated the last three grants are passing through the City's Iacal workforce alliance. Ms. King stated all-in-all through the formula allocations including one that the Delray Housing Authority received amount to nearly $1.5 million with the competitive grants totaling $2.1 million. The City of Delray Beach is looking at least $3.6 million after six weeks of effort. Ms. King stated they hope to get at Least $5 million for the City of Delray Beach. -4- 04/21/09 Mr. Bernard asked if there is going to be a competirtive basis for the Energy Efficiency and. Conservation Block Grant (EECBG} as well. Ms. King stated there is going to be approximately $435 million available for a competitive cycle at the national level. Mr. Bernard inquired about through the State. Ms. King stated the State has to allocate 60% to re-grant to local governments who did not receive their own allocation. She stated the 40% balance is still being decided on how they are going to spend that and whether they are going to re-grant that ar spend it to fund some of the Florida Energy Efficiency Grant Programs that have not been funded before or some of the other initiatives. 7.D. Spotlight on_ Neighb,or>hoods',,., Jos.,.. ,.,.._ ' ,,,,~,, ,,, eph Kamarata, Chair of Neighborhood Advisory Council Joseph Kamarata, Chair of the Neighborhood Advisory Council (NAC}, read NAC's mission statement into the record and briefly explained the Neighborhood Pride Grant Program which awards grants up to $6,000.00 to residential neighborhood associations for projects that will enhance their neighborhood and create a more pleasant place to live, work and play. Mr. Kamarata stated Neighborhood Services received eleven applications requesting funding for neighborhood unprovements; of the eleven, two were selected through the Neighborhood Advisory Committee those being High Point Section 1 and Delray Oaks Condominium Association. He stated the Annual Paint Up Delray is part aFNAC's continuing effort to improve the aesthetics of residential units and create the opportunity for neighbors helping neighbors through volunteerism. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL BOUNDARY PLAT APPROVAL/MORSE~-LAMAT: Approve the fmal boundary plat for Morse- Lamat, located at Delray Toyota on South Federal Highway between Avenue "F" and Lamat Avenue. S.B. ACCEPTANCE OF RIGHT-OF~-WAY DEED SIDEWALK EASEMENT AND SIDEWALK DEFERRAI~/1426 NASSAU STREET: Approve and accept aright-of--way deed, sidewalk easement and deferral agreement regarding installation of a sidewalk for the property located at 1026 Nassau Street. 8.C. CONTRACT CLOSEOUT (C.O. NO. 11FINALI/EXPERTECH NETWORK INSTALLA pp ange TION (US), INC.: A rove Contract Closeout (Ch Order No. I/Final) in the deduct amount of $197,481,43 and final payment in the amount of $75,935.20 to Expertech Network Installation {US}, Inc. for completion of the Area 4 Reclaimed Water System Project. Residual funds would revert to 441-5181-536-6596 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission). 8.D. THIS ITEM HAS BEEN MOVED TO ITEM 9.A.A.A. $.E. THIS ITEM HAS BEEN MOVED TO ITEM 9.A.A. -5- 04/21/09 $.F, RESOLUTION NO. 18-09 (SETTING PUBLIC HEARING DATE FOR DOUGLAS AVENUE SPECIAL ASSESSMENT DISTRICT : Approve a resolution setting the public hearing date as June 2, 2009 for the establishment of the Douglas Avenue Special Assessment District, and providing for the mailing and publication of required notices. office.) The caption of Resolution No. 18-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR THE PUBLIC HEARING REGARDING THE CONSIDERATION OF THE DOUGLAS AVENUE SPECIAL ASSESSMENT DISTRICT; PROVIDING FOR THE MAILING AND PUBLICATION OF NOTICE REGARDING THE PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE. {The official copy of Resolution No. 18-09 is on file in the City Clerk's 8.G. RESOLUTION NO. 19-09: Approve Resolution No. 19-09 supporting inclusion of the Intercity Rail Component of the Florida East Coast (FEC) Corridor project as part of Florida's economic stimulus plan. The caption of Resolution No. 19-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE TREASURE COAST REGIONAL PLANNING COUNCIL REPRESENTING THE LOCAL GOVERNMENTS OF INDIAN RNER, MARTIN, PALM BEACH, AND ST. LUCIE COUNTIES, FLORIDA REQUESTING THE ASSISTANCE OF GOVERNOR CRIST AND FLORIDA DEPARTMENT OF TRANSPORTATION SECRETARY KOPELOUSOS TO PRIORITIZE THE INTERCITY RAIL COMPONENT OF THE FEC CORRIDOR PROJECTS (FROM JACKSONVILLE TO MIAMI) AS PART OF THE FEDERAL ECONOMIC STIMULUS PACKAGE FOR THE STATE OF FLORIDA; PROVIDING AN EFFECTIVE DATE. {The official copy of Resolution No. 19-09 is on f le in the City Clerk's office.) -6- 04/21/09 S.H. PARTICIPATION AGREEMENT/BA MERCHANT SERVICES LLC AND BANK OF AMERICA, N.A.: Approve a Participation Agreement between BA Merchant Services. LLC, Bank of America, N.A., and the City which is further bound by an Electronic Payments Receipt System Provider Contract between the State of Florida Department of Financial Services and Bank of America and BA Merchant Services LLC. S.I. AMENDMENT NO. 1 TO THE SUB-RECIPIENT HOUSING PARTNERSHIP AGREEMENT/DELRAY BEACH COMMUNITY LAND TRUST, INC.: Approve Amendment No. 1 to the Sub-Recipient Housing Partnership Agreement between the City and the Delray Beach Community Land Trust (CLT), Inc. for the purposes of subsidizing the costs associated with affordable housing units within the Community Land Trust. S_J. GRANT APPLICATION/LAW ENFORCEMENT GRANTS PROGRAM/ TARGET: Authorize staff to submit a law enforcement grant application to Target for funding in the amount of $3,500.00 to support the Department's "Carver Kids of Character Karate Program," for the purchase of replacement uniforms for the youth, to pay for tournament fees, and for other miscellaneous supplies. S.K. SPECIAL EVENT RE UESTIASIAN FOOD FAH2 AND CULTURAL SHOW: Approve a special event request to allow the 6` Annual Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida, to be held on May 9 - 10, 2009 from 11:30 a.m, until 11:00 p.m. on the grounds of Old School Square and in the Old School Square parking Iot, granting a temporary use permit per LDR Section 2.4.6(F) for the closure and use of the Old School Square surface parking lot and a portion of NE 1st Avenue, to authorize staff support for traffic control and security, site clean up and trash removal, EMS assistance, event signage and assistance with banner hanging; contingent upon receipt of a certificate of liability insurance from the amusement ride operator prior to the event and receipt of the state inspection certificate for amusement rides prior to operating any such rides. S.L. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period Apri16, 2009 through April 17, 2009. S.N. LETTER OF SUPPORT/SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY: Approve and authorize the Mayor to sign a letter of support for the South Florida Regional Transportation Authority's {SFRTA) effort to achieve a dedicated source of fiinding. (Adde~adum) -7- 04/21/09 S.O. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Groundskeepers, Inc. in the amount of $35,400.00 for the landscape maintenance of three (3) baseball fields at Pompey Park. Funding is available from 001-4131-572-34.90 (General Fund/Other Contractual Services). 2. Bid award to Downrite Engineering Corp, in the amount of $1,189,051.25 for construction of Area 11A Reclaimed Water System Contract 3. Funding is available from 441-5181-535-65.95 (Water and Sewer Fund/other lmprovements/Reclaim Water .Transmission). 3. Purchase award to Wal-Mart in the amount of $19,968.45 for the purchase of 557 Cosco Scenera 5-Point Convertible car seats for the Child Passenger Safety Program-New Parents. Funding is available from 115-2311-522-49.90 {Special Projects FundlOther Current Charges). Mr. Eliopouios moved to approve the Consent Agenda as amended, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA; 9.A.A. RESCIND AND RE-AWARD CONTRACTIFLORIDA HIGHWAY PRODUCTS (FHP}, INC.: Consider approval to rescind the contract award to Florida Highway Products (FHP), Inc. and then re-award the contract in the amount of $195,150.54 to Florida Highway Products (FHP), Inc, far microsurfacing of existing City streets. The City Attorney stated the reason she took this off the Consent Agenda is because there are two motions that the Commission needs to make. One is a motion to rescind the previous award and the second motion would be to approve the new award. She stated under Robert's rules when you have a motion to rescind it takes four super majority votes to have it pass. Randal Krejcarek, City Engineer, stated when this was awarded in March, one of the directions staff received from the Commission was to replace Atlantic Avenue with other streets and this was done. Also, at that time, staff inadvertently forgot to include another contract that they wanted to piggyback because all the items in the contract were not included in the West Pahn Beach contract that they initially piggyback. The contract award is for a few dollars less than the original one because staff can not match them dollar per dollar with replacement streets. -8- 04/21/09 Mr. Fetzer moved to rescind the previous contract, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel- Yes; Mr. Bernard -- Yes. Said motion passed with a S to 0 vote. Mr. Frankel moved to approve the contract award as presented, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -- Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A. AGREEMENT/WALLACE ROBERTS & TODD, LLC: Approve an agreement between the City and Wallace Roberts & Todd, LLC {WRT} in the amount of $45,083.00 for the Veterans Park Master Site Plan. Funding is available from 334-4126- 572-31.90 (General Construction FundlPrafessional ServiceslOther Professional Services). Randal Krejcarek, City Engineer, stated this item is for entering into an agreement with Wallace Roberts & Todd, LLC to do a Master Plan of Veteran's Park. He stated Wallace Roberts & Todd did the initial Master Plan in the late 19$0's and that included Veteran's Park, the marina, and the connection between the two. Mr. Krejcarek stated several of those items out of that plan have been completed and in 2002 the City did the Parks Master Plan. He stated the Parks Master Plan also recommended that the City go back to Veteran's Park and do another Master Plan because of the changing environment and how the use of that park has changed. Therefore, Mr. Krejcarek stated staff would like to enter into an agreement with the same consultant who did the original Master Plan to do the new Master Plan on Veteran's Park. Mr. Eliopoulos stated he does not have a problem with this or the fee. However, he stated this is more of a timing issue. The City Manager stated the Atlantic Plaza people have been pressing the City to do the design because they see it tying in with what they are trying to do and have indicated possibly helping fund some of it. Mr. Fetzer inquired about haw this would tie in with what the developer is trying to do. Mr. Frankel stated he was under the impression that the developer was doing something with the park but if the City Manager feels it is needed to work with the new Atlantic Plaza then he can support. The City Manager stated the developer has done same work and has his own possible design and staff will ask Wallace Roberts & Todd to look at the information that he has collected and the design work that they have done. Mr. Bernard agrees with Commissioner Eliopoulos and stated that the City should approach the developer first to see what the plans are and what the cooperation is going to be in ternns of what their plans are for the park and what the City's plans are. -9- 04/21/09 Mr. Bernard stated then at that point come back to Wallace Roberts & Todd before we agree to pay the fee. Mr. Eliopoulos stated this is not a project that is going to happen overnight and it could be several years before we actually see Atlantic Plaza come into that side. He stated he does not feel the price is wrong and/or the idea, but feels the timing is off. The City Manager asked the Commission if they would like staff to approach the Atlantic Avenue developer and see if they are still willing to help fund this. It was the consensus of the Commission to direct staff to see if the Atlantic Plaza developer will help fund this. Mr. Fetzer moved to table, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos ---Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A. SPECIAL EVENT RE UEST/DELRAY BEACH FILM FESTIVAL: Approve a request to endorse the 4t Annual Delray Beach Film Festival proposed to be held from May 19-24, 2009; to grant a temporary use permit per LDR's Section 2.4.6(F) for the partial closure of S.E. 15t Avenue on May 21, 2009 from -9:30 p.m, to midnight, for a street party, the use of the south end of the Municipal Beach east of Anchor Park on May 23, 2009 from 7:00 a.m. to 1:00 p.m., for a surfing contest, and the use of Veterans Park on May 23, 2009 from 10:00 a.m. to 5:00 p.m., for a children's event, and to authorize staff life guard support, provision of event signage, and banner hanging; contingent upon receipt of a certificate of event liability insurance and liquor liability insurance by May 8, 2009, receipt of an executed copy of a rental agreement with Old School Square by May 4, 2009, and receipt of a signed hold harmless agreement by May S, 2009. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Delray Beach Film Festival proposed to be held from May 19-24, 2009 to grant a temporary use permit for the partial closure of S.E. lsf Avenue on May 21, 2009 from 9:30 p.m. to midnight, for a street party, the use of the south end of the Municipal Beach east of Anchor Park on May 23, 2009 from 7:00 a.m. to 1:00 p.m., for a surfing contest, and the use of Veteran's Park on May 23, 2009 from 1.0:00 a.m, to 5:00 p.m., for a children's event, and to authorize staff Life guard support, provision of event signage, and banner hanging. The estimated overtime cost for lifeguards is approximately $400, trash box cost is $100, park rental is $485 and event signage is $250. The event sponsor would be responsible far 100% payment for trash boxes, signage and rental of Veteran's Park. Staff recommends endorsement of the event with the conditions: (1) Receipt of a certif sate of Event Liability Insurance and Liquor Liability Insurance, (2} Receipt of and executed copy of a Rental Agreement with Old School Square by May 4, 2009, (3) Receipt of a signed Hold Harmless Agreement by May 8, 2009. -10- 04/21/09 ____ Mr. Eliopoulos stated he supports this and would like to keep encouraging this festival but not only does he want to see Old School Square paid for last year's event. Mr. Frankel echoed comments expressed by Commissioner Eliopoulos. Mr. Frankel stated he understands from Mr. Gillie that they agreed on price of $6,000.00 for use of Old School Square and through discussions they brought it down to $3,123.00 that has not been paid. Therefore, Mr. Frankel stated before he can support this, he feels that Old School Square needs to be paid for last year. Michael Posner, Event Sponsor, stated one of the issues they had last year is that originally former Palm Beach County Commissioner Mary McCarty had earmarked fiends to pay this August 1St and then August 1st when they went back to her the funds were gone. Mr. Posner stated he does not have a problem with earmarking the TDC funds to Old School Square and he spoke to Mr. Gillie who was agreeable to that. Mr. Eliopoulos stated he will support this with Old School Square being paid $3,123.00 before the event. It was the consensus of the Commission to add condition #4 to staffs recommendation that this be approved subject to receiving the payment of $3,123.00 due to 01d School Square by May 10, 2009. Mr. Eliopoulos moved to approve the Special Event Request with the Delray Beach Film Festival subject to receiving the payment of $3,123.00 due to Old School Square by May 10, 2009, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer--Yes. Said motion passed with a S to 0 vote. At this point, the time being 7:09 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 1$-09 (SECOND READING/SECOND PUBLIC HEARING): Consider an ordinance amending the Land Development Regulations (LDR) of the Code of Ordinances, by amending Section 4.4.29, "Mixed Residential, Office and Commercial (MROC} District", Subsection 4.4.29(E), "Conditional Uses and Structures Allowed", to allow educational facilities, training centers and vocational schools as a conditional use within this zoning district; and amending Subsection 4.4.29(II) to specify parking requirements for educational facilities, training centers and vocational schools within the MROC Zoning District. The caption of Ordinance No. 1$-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT -11- 04/21/09 REGULATIONS OF THE CODE OF ORD]NANCES, BY AMENDING SECTION 4.4.29, "MIXED RESIDENTL4L, OFFICE AND COMMERCIAL {MROC} DISTRICT" SUBSECTION 4.4.29(E), "CONDITIONAL USES AND STRUCTURES ALLOWED", IN ORDER TO ALLLOW EDUCATIONAL FACILITIES, TRAINING CENTERS AND VOCATIONAL SCHOOLS AS A CONDITIONAL USE WITHIN THIS ZONING DISTRICT; AMENDING SUBSECTION 4.4.29(IIJ TO SPECIFY PARKING REQUIREMENTS FOR EDUCATIONAL FACILITIES, TRAINING CENTERS AND VOCATIONAL SCHOOLS WITHIN THE MROC ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. office.) (The official copy of Ordinance No. 1$-09 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. Paul Dorling, Director of Planning and Zoning, stated this is an amendment to LDR Section 4.6.9(C)(6} pertaining to conditional uses allowed in the MROC District. He stated this request is in response to an inquiry from Kaplan University who is interested in opening an industrial center with 20-30 students in the Congress Avenue Corridor in the Mixed Residential Office and Commercial {MROC) zoning district. In particular, Mr. Dorling stated they want to occupy a portion of the Sun-Sentinel building. He stated in reviewing this request it was noted that educational facilities were originally discussed with the creation of the new MROC district; however, they were not added. Mr. Dorling stated staff is requesting to add them as a conditional use and it is a conditional use rather than a permitted use because there is a potential range of uses within this broad category of educational facilities. He stated this would a11ow staff to look at appropriateness of applications on a case-by-case basis. The amendment contains specific development standards and supplementary regulations to the use. The Planning and Zoning Board initiated this at their February 23, 2009 meeting with a 7 to 0 vote and considered it at their meeting of March 16, 2009 at which time they recommended unanimously with a S to 0 vote {Halberg absent and Perez resigned}. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 1$-09, the pubfic hearing was closed. Mr. Bernard moved to adopt Ordinance No. 18-09 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll ca11 the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. -12- 04/21/09 Frankel -Yes. Said motion passed with a 5 to 4 vote. 10.B. ORDINANCE NO. 54-08 iSECOND READING/ADOPTION HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2009-1}: Consider on second reading an ordinance adopting Comprehensive Plan Amiendment 2009-1 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2009-1 includes: A. Text Amendments: i. Future Land Use Element -- Modification of the description of the GC {General Commercial) Future Land Use designation to increase maximum density for residential uses from 12 units per acre to 22 units per acre and decrease the maximum intensity for non-residential uses from an FAR of 3.0 to 0.75, within the proposed Silver Terrace Courtyards Overlay District. ii. Future Land Use Element -Modification of the description the CMU (Congress Avenue Mixed-Use) Future Land Use designation to include provisions for the creation of a Regional Activity Center on the Off ce Depot property. iii. Future Land Use Element -add an objective and policies to support the creation of a Regional Activity Center at the Office Depot property on Congress Avenue. B. Future Land Use Map Amendment: Future Land Use Map amendment from TRN (Transitional) to GC (General Commercial) for an approximate 6.15 acre parcel of land known as the Floranda Mobile Home Park, located on the west side of South Federal Highway, approximately 660 feet south of SE 10th Street and north of the Plaza at Delray. Ron Hoggard, AICP, Principal Planner, entered the Planning and Zoning Department project file #2009-002. Mr. Hoggard stated this was before the Commission on December 9, 2008 for first reading and the amendment includes three privately initiated text amendments and one privately initiated future land use map amendment. He stated the first text amendment is to change the description of the future land use element of the GC {General Commercial) designation to increase the maximum density for residential units from 12 units per acre to 22 units per acre and decrease the maximum intensity for non-residential uses from a FAR (Floor Area Ratio) of 3.0 to 0.75 within the Silver Tezxace Courtyards Overlay District. Mr. Hoggard stated the applicant originally proposed 25 units per acre and both staff and the Planning and Zoning Board recommended 18 units per acre and the -13- 04/21/09 City Commission recommended 22 units per acre on the first reading. The second change is to the modification of the Congress Avenue mixed use designation in the future land use element to create provisions for the creation of a Regional Activity Center on the Office Depot property. Mr. Hoggard stated the third text amendment is to add an objective and policies to support the creation of a Regional Activity Center at the Office Depot property on Congress Avenue. He stated the future land use map amendment is to change Floranda Mobile Home Park property from TRN (Transitional) to GC (General Commercial) designation. At its meeting of November 17, 2008, the Planning and Zoning Board held a public hearing regarding the Comprehensive Plan Amendment and there was no public testimony on anything other than the Courtyards project. Several members of the public spoke against the project due to increased traffic and some people at the Heritage Club were concerned about redevelopment of this property with additional stacking of residential units above the commercial. The Planning and Zoning Board recommended approval of this with a reduction of density to be set at 18 units per acre and that a minimum of 20% of the units be workforce housing in the Overlay District. Mr. Hoggard stated DCA reviewed the submitted ORC {Objections, Recommendations, and Comments) Report on February 27, 2009. The ORC report contains one objection and one comment. The objection was related to the loss of the mobile home park and the affordability of the mobile homes and where would those people go. Mr. Hoggard stated staff gave them information of other affordable home projects that we are currently working with in the City. The applicant provided information on other affordable projects (i.e. rental developments in the area}. Mr. Hoggard stated the comments the City received is related to the regional activity center and since the policies and objectives said the City could have regional activity centers in the Congress Avenue mixed-use corridor they wanted to know how we would designate future ones. He stated this was always the intent of staff and the State wanted this in writing. Mr. Hoggard stated staff added this policy to the Comprehensive Plan Amendment. Staff recommends transmittal of the adopted Amendment with the response to the ORC Report to the Florida Department of Community Affairs (DCA). Mayor McDuffie declared the public hearing open. Michael Weiner Attorne with Weiner Aronson & Mankoff P,A, 10 S.E. 15~ Avenue, Delray Beach, stated he is here on behalf of the applicant to answer any questions the Commission may have. There being no one else from the public who wished to address the Commission, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 54-08 (Adoption Hearing for Comprehensive Plan Amendment 2009-1) on Second and FINAL Reading, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said -14- 04/21/09 motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 11-09: Consider an ordinance rezoning and placing land presently zoned POC (Planned Office Center) District in part, MH {Mobile Home) District in part, and R-1-A (Single Family Residential) District in part, to PC (Planned Commercial) District; said land being located on the west side of South Federal Highway, approximately 320 feet south of S.E. 10th Street and north of the Plaza at Delray, as more particularly described herein; amending "Zoning Map of Delray Beach, Florida, Apri12007. (Quasi-Judicial Hearing) The caption of Ordinance No. 11-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC {PLANNED OFFICE CENTER) DISTRICT IN PART, MH (MOBILE HOME) DISTRICT IN PART, AND R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN PART, TO PC (PLANNED COMMERCIAL} DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF SOUTH FEDERAL HIGHWAY, APPROXIMATELY 320 FEET SOUTH OF SE 10TH STREET AND NORTH OF THE PLAZA AT DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2007"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. {The official copy of Ordinance No. 11-09 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. Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex pane communications. Mr. Bernard stated he received a telephone call from Mr. Weiner this week and met with one of the representatives from the developer this week regarding this matter. Mr. Eliopoulos stated he met with Michael Weiner on this with the developer -15- 04/21/09 today and as far back as over a year ago. Mr. Fetzer stated he met with Michael Weiner and several representatives from the developer in the last year. Mayor McDuffic stated he has spoken to Michael Weiner and the developer over the course of the last year a number of times discussing the merits and attributes of the project and the change in density and same of the other things that are contained in this ordinance. Ron Hoggard, AICP, Principal Planner, entered the Planning and Zoning Department project file #2009-003 into the record. Mr. Hoggard stated this is a rezoning that is being processed concurrently with the Comprehensive Plan Amendment, the future land use map amendment, and the overlay district that was created. The total property is 8.18 acres and taking those three zoning districts {R-1-A zoning on the northwest corner of the Mobile Home Park and POC which is the executive office quarters on the north part} and the proposed zoning is to make it all PC (Planned Commercial}. At its meeting of November 17, 2009, the Planning and Zoning Board held a public hearing regarding the rezoning. The comments were related to the density that was being proposed for this area. The City Commission approved a maximum density of 22 units per acre at first reading of the Comprehensive Plan Amendment. The Planning and Zoning Board recommended approval of the site and positive fmdings were made with respect to LDR Section 2.4.5(D)(5) {Rezoning Findings), LDR ,Section 3.1.1 {Required Findings), LDR Section 3.2.2 {Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan. Staff recommends approval. Michael Weiauer Attorne with Weiner Aronson & Mankoff P.A. 10 S.E. ls` Avenue Delra Beach s eakin on behalf of the a licant stated they have substantial competent evidence in the file concerning this quasi-judicial hearing with respect to the findings that are required under the land development regulations of the City of Delray Beach, Florida for a rezoning. Mr. Weiner stated this particular rezoning category is compatible with the GC (General Commercial) land use. He stated since they meet all of the requirements under the local code and have substantial competent evidence in the record they are asking for Commission approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding- Ordinance No. 18-09, the public hearing was closed. There was no cross-examination or rebuttal. Mr. Fetzer moved to adopt Ordinance No. 11-09 on Sccond and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer --- Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. -16- 04/21/09 10.D. ORDINANCE NO. 19-09: Consider aCity-initiated amendment to Land Development Regulations (LDR) Article 8.2, "The Downtown Development Authority", to address the 2003 revisions to the "Delray Beach Downtown Development Authority Act" {HB 299); and to modify the DDA boundary description (Appendix B) and map to include the expanded DDA area between Swinton Avenue and I-95. office.) The caption of Ordinance No. 19-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, AMENDING ARTICLE 8.2, "THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA)", BY REPEALING SECTION 8.2.2, "PROVISIONS OF THE ACT", IN ITS ENTIRETY AND ENACTING A NEW SECTION 8.2.2, "PROVISIONS OF THE ACT", TO BE CONSISTENT WITH CHAPTER 2003-314, LAWS OF FLORIDA 2003; REPEALING APPENDIX "B", "DOWNTOWN DEVELOPMENT AUTHORITY AREA DESCRIPTIONS" AND ENACTING A NEW APPENDIX "B", "DOWNTOWN DEVELOPMENT AUTHORITY AREA DESCRIPTIONS", TO MODIFY THE DESCRIPTION AND PROVIDE FOR EXPANSION OF THE DOWNTOWN DEVELOPMENT AUTHORITY AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No, 19-09 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. Paul Dorling, Director of Planning and Zoning, stated this ordinance modifies the Downtown Development Authority (DDA} boundary in Appendix "B" as well as the map and includes the expanded DDA area that is between Swinton Avenue and I-95. In January 2009, the City Attorney provided a memorandum comparing the functions of the DDA with the House Bill 299 and it was identified that one item "to participate actively in plans and programs to encourage economic development and promotion of the Downtown as prosperous Downtown Area" was identified in the Bill but not in the LDR's. Mr. Dorling stated this ordinance will add that as one of the functions of the DDA and also increases the size of the DDA Board from five to seven members and shows the expansion of the map that is in the LDR's as well as the legal description to reflect the expanded DDA area that was adopted by referendum election in -17- 04/2ll09 1998. At its meeting of March 16, 2009, the Planning and Zoning Board considered the text amendment and unanimously voted to recommend approval with a 5 to 0 vote; at its meeting of March 9, 2009, the Downtown Development Authority (DDA) recommended approval of the proposed text amendment; at its meeting of March 11, 2009, the West Atlantic Redevelopment Coalition (WARC) recommended approval of the proposed text amendment; and at its meeting of March 12, 2009, the Community Redevelopment Agency (CRA} recommended approval of the proposed text amendment. The City Attorney stated this is really to make the City's Land Development Regulations match the Special Act that was passed various times. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 19-09, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 19-09 is on Second and FINAL Reading, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -- Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 10.E. RESOLUTION NO. 14-09/AMENDMENT NO. 1 TO CONTRACT FOR SALE AND PURCHASE OF PROPERTYICOMMUNITY LAND TRUST: Consider approval of Resolution No. 14-09 authorizing the City to transfer/sell City owned property, located at 315 S.W. 3rd Avenue, to be utilized for affordable housing purposes; and approve Amendment No. 1 to Contract for Sale and Purchase between the City and the Delray Beach Community Land Trust, Inc. annending the legal description of the real property. The caption of Resolution No. 14-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 14-09 is on file in the City Clerk's office.} -18- 04/21/09 Terrill Pyburn, Assistant City Attorney, stated this resolution is for the City to transfer the back 25 feet of the property located at 315 S.W. 3rd Street to the Community Land Trust {CLT) for affordable housing purposes. Ms. Pyburn stated there was a discrepancy in the original deed that the City transferred to them in August 2008. Mr. Eliopoulos asked if there is a survey. Ms Pyburn stated that is not part of this and she believes that the contract provided that the CLT had the ability to obtain their own survey and is not something that the City of Delray Beach was required to provide. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Bernard moved to approve Resolution No. 14-09, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:35 p.m., the Commission moved to Item 11, Comments and Inquiries tin Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to urior nublie comments and inquiries. The City Manager stated at the last meeting Mr. Al Jacquet expressed concern over some drainage problems in the 200 block of S.E. 3rd Avenue. As previously reported to the Commission, the City Manager stated they planned to do drainage work in conjunction with other improvements in the Osceola Park Neighborhood, however, there is not a consensus about those improvements at this time so the City has decided to ga ahead with the drainage and utility improvements. The City Manager stated the plan had called for swales in this block, however, due to parking on the swales, the soil is compacted and there is a drainage outfall one block to the south on S.E. 3rd Street and we now intend to extend the drainage pipe about 200 feet north to a low point and construct a crass drain to give positive drainage to this block. The City Manager stated he does not have a time schedule yet but staff is moving ahead with the project. 11. From the Public. 11.B.1. Thomas Fraser 936 S.W. 35th Court Bo nton Beach re resentin his nex~hbors ~n Fake E , ' „denlLake Ida neighborhood), stated their neighborhood is under assault and expressed concern that the very people sworn to protect them are the ones that on many occasions been responsible for bringing into their neighborhood an extreme criminal element. Mr. Fraser stated over the past two years the Police Benevolent Association (PBA) has increased the frequency in which they rent out their building located at 1025 Mission Hill Road. He stated this property is awned by the City of Delray Beach but Located in Boynton Beach. Mr. Fraser stated they will rent to anyone -19- 04/21/09 regardless of background or motive. Mr. Fraser stated in December 2008 it came to the neighbors attention that those running the Delray Beach PBA center had arranged to rent the hall to an all black male stripper event (distributed a copy of the advertisement to the Commission}. Mr. Fraser the neighborhood has also been subjected to "gangster" shots fire incidences on multiple occasions and numerous incidents of cars racing up and down the streets at all hours. He stated the neighbors attempted to work with the Delray Beach PBA and one agreement was that for any event scheduled that there would be police presence at the location for the entire event. Mr. Fraser stated after one or two events the Delray Beach PBA reneged on the arrangements. He stated then word came that the Delray Beach PBA would no longer be renting the facility. Mr. Fraser stated things have been somewhat quiet but all of that changed on Saturday, April 11, 2009 when multiple times neighbors were forced to call for police protection when "gangster" type cars were stopped along Mission Hill Road with their stereos blasting at 2:00 a.m. in the morning. Mr. Fraser stated his neighbors indicated that the radios were so loud that the walls and windows were rattling and there was strong odor of marijuana in the air. He stated with crime on an increase all aver this area we must do everything possible to prevent crime from occurring in our neighborhoods. Mr. Fraser stated anything that elevates potential for crime must be eliminated. He stated it is only a matter of time before someone is hurt or killed as a result of the actions by the Delray Beach PBA. Mr. Fraser strongly urged the City Commission to take action on the Delray Beach PBA and take such action that completely eliminates the threats to his neighborhood. He stated they are asking for help because they see this as a direct threat to their neighborhood and they will use any and all resources to eliminate this threat. ll.B.2. Wend Ste hens 926 S.W. 35t" Court Bo nton Beach 1rves in the same area as Mr., Fraser), stated since the City of Delray Beach is the landlord of this property where the Delray Beach Police Benevolent Assaciation (PBA) has their facility, they wanted the City of Delray Beach to be aware of what their tenant is doing to the neighborhood. She stated they have major traffic problems every time an event is held at the facility, there have been two shootings in the facility parking lot, and there is increased crime in their neighborhood. Ms. Stephens stated every time neighbors call the police they get the Boynton Beach Police which means the City of Delray Beach does not know what is going on. She read into the record a section of the deed. 11.B.3. Cherise Desiderios 922 Mission Hill Road Ba zeton Beach stated they have had so many different incidences that she cannot even begin to list them. Ms. Desiderios stated she has spoken to Police Chief Strianese and he has been more than willing to help and understands what the neighborhood is going through and is very sympathetic. However, she stated this is not salving the problem. Ms. Desiderios stated the neighbors have called the news and they requested that the neighbors videotape it. She stated she has thrown kids out of her driveway smoking pot at 2:00 a.m, and she is up all night from the noise and activity. Ms. Desiderios stated she has talked to the Mayor of the City of Boynton Beach and has talked to the City of Delray Beach about this and cannot get anywhere with this. She stated this is becoming a liability. -20- 04/21/09 11.B.4. Mary Alford, 31 N.W. 14th Avenue, Delray Beach (representing the Gateway Neighborhood Association.), stated the Gateway area has some concerns about the beautifcation project that is going on in there area. Ms. Alford stated it makes it hard for the residents in that area as far as traffic flows. She stated they need the right-turn lane that they had created to move traffic smoothly and mare quickly, Ms. Alford stated the City Engineer stated this is an FDOT problem and the FDOT stated that it is a City situation and suggested that the Gateway Neighborhood Association talk to the Commission about this. She stated they are hoping that it can be corrected while the work in going on. Ms. Alford askcd the Commission far help. 11.B.5. Barbara Fales, S S.E._ 4th Avenue, Delray,. Beach, stated she owns the Doll House Corner and signs were put up for "valet parking only" last week in front of her business and on the corner of the Green Owl up to where the shoe store is (in between there is her stare and the consignment shop). Ms. Fales stated the sign says after 5:00 p.m. but many times especially when things are going on downtown her business is open past 5:00 p.m. She asked why these valet parking signs are being placed in front of retail stores and if the valet signs can be placed for after 6:00 p.m. or 7:00 p.m. instead. 11.B.6. Al Jac uet 236 S.E. 3"~ Avenue Delra Beach thanked the Commission for listening to him the last time he was here and for the prompt response time in getting back to him. Mr. Jacquet stated he believes that alcoholism and drug abuse is a disease and that people need rehabilitation and help. He stated at the same time he also believes that certain activities and certain people can start permeating through a neighborhood and affect it one way or another. Mr. Jacquet stated he has noticed an influx of people moving into the Osceola Park neighborhood and after a little research he realized that a lot of these individuals are coming from out-of-state. He stated he has since learned that there are some facilities around his neighborhood that houses these individuals that are in the drug programs. Mr. Jacquet stated he has noticed many changes in his neighborhood such as people hanging out late at night, fights breaking out at the corner store by the railroad tracks on S.E. 2"~ where most of the Haitian businesses are located, and in front of his barber shop. He stated it used to be very quiet in front of his barber shop and now there is a lot of commotion and police have been called numerous times to the area. Mr. Jacquet stated that the community is not against these programs because they understand that these individuals need help and it is a great thing that the City is doing as far as opening our arms to help these individuals but at the same time our citizens are suffering because of the change that is going on. He urged the Commission to limit the number of halfway houses to one or two. At this point, the time being 7:51 p.m., the Commission moved back to Item 9.A. of the Regular Agenda. 9.A. CONDITIONAL USE EXTENSION REQUEST/HISTORIC SOUTH SWINTON AVENUE AND SUNDY HOUSE: Consider a request to extend the conditional use for the Historic South Swinton Avenue and ,Bundy House expansion, encompassing portions of City Blocks #61, 62 and 70 lying on the east and west sides of South Swinton Avenue, south of West Atlantic Avenue. (Quasi-Judicial Hearing) -21- 04/21/09 -__- Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Mr. Dorling entered the Planning and Zoning Department project file #2007-134 into the record. Mr. Dorling stated this is a conditional use extension request to establish a residential-type inn on Block 61 and 70 and to expand the residential-type inn onto Block 62. The proposal adds three (3) new units to the Sundy House, fifty-four (54) units on Block 61 (north of the Sundy House}, and sixteen {16) units on Block 70 {east of the Sundy House} for a fatal of seventy-three (73} additional residential-type inn units. At its meeting of May 1, 2007, the City Commission approved a Conditional Use request for the establishment of a residential-type inn on Blocks 61 and 70. The new units will either be two-story and located within newly constructed buildings, or located in the upper stories of existing historic structures on the subject property. At its meeting of May 2, 2007, the Historic Preservation Board {HPB) approved a Master Development Plan {MDP) for the subject development. This extension is requested pursuant to LDR Section 2.4.4(F)(3) in that no construction has commenced at this time. Mr. Dorling stated the original positive findings of LDR Section 2.4.4(B) need to be made. He stated it does require that the project be evaluated pursuant to the LDR regulations in place. Mr. Dorling stated that has been done and there have been no changes that would affect this conditional use extension request. It does allow the City Commission to impose additional conditions; however, at this time staff is not recommending any additional conditions. The applicant has provided a justification for the extension request. Due to financial issues, the original development parties have changed and they are negotiating development pursuant to a phased concept and the applicant has requested additional time. Mr. Dorling stated the original approval would expire an May 2, 2009 and therefore they are asking for an additional 24 months this time. John Szerdi Livin Desi ns Grou LLC Architect for the ro'ect stated they have been working on this for a while in hopes that they could find same kind of cooperative relationship between the desire to renovate and rehabilitate some of the historic structures on south Swinton. He stated the project goals in regards to a demand that exists at the Sundy House far more wedding events, etc. and they are turning that kind of business away as well as a desire to have more of these residential end units {11 currently on-site). Mr. Szerdi stated they recognize the recommendation from the Treasure Coast Regional Planning Council from their Charrettes from 2006 and that it was important to maintain the type of character and establish an identity on south Swinton to try to bring people from Atlantic Avenue and create this kind of synergy that they believe could occur. -22- 04/21/09 Mayor McDuffie asked if anyone from the public would Like to speak in favor or in opposition of the conditional use extension, to please came forward at this time. There being no one from the public who would like to give testimony on this item, the public hearing was closed. There was no cross-examination or rebuttal. Mr. Bernard asked if the Commission decides to grant this extension, will that affect Mr. Szerdi's ability to get a loan commitment. Mr. Szerdi stated there is no loan commitment. Mr. Bernard asked how long it will take the parties to work out their development proposal. Mr. Szerdi stated the first time that there was a problem between the original group that was doing the development proposal along with the owner and there was a falling out. He stated since that time other management people have come in and have been r~ir~g the Sundy House. Mr. Szerdi stated they are still trying to figure out how it might be phased and whether or not they need any amendments. Mr. Eliopoulos expressed concern over the associated costs with this project because it is a massive undertaking. He stated he is not always a firm believer in supporting extensions if he knows that something might be for sale but this project brings so much importance to it (saving historic structures) that he supports it. 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. Eliopoulos moved to adopt the Board Order as presented {approving the Conditional Use extension request fora 24-month period through May 1, 2011}, seconded by Mr, Frankel. Upon roll call the Commission voted as follows: Mr. Bernard - No; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer ~- Yes; Mr. Frankel - Yes. Said motion passed with a 4 to 1 vote, Commissioner Bernard dissenting. 9.B. WAIVER REQUESTSIPINEAPPLE GROVE PARKING LOT: Consider a request to waive Land Development Regulation (LDR) Section 4.6.9(D)(2), "Provisions for Ingress and Egress," which requires that a vehicle must be able to enter and exit the parking area onto a street in a forward manner. (Quasi-Judicial Hearing) Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, stated this is a waiver request associated with a Class V site plan for the Pineapple Grove parking lot. Mr. Dorling stated this is a waiver to LDR Section 4.6.9(D}{2} which requires that a vehicle must be able to enter and exit the parking area onto a street in a forward manner. He stated this site is located north of N.E. 3rd Street and south of N.E. 4'h Avenue on the east side of N.E. 3ra Avenue. Mr. Dorling stated the property is vacant and consists of Lots $ and 9 of Block 89 and contains 0.12 acres. - 23 - 04/21/09 At its meeting of April 2, 2009, the Site Plan Review and Appearance Board (SPRAB} approved the Class V site plan application for the Pineapple Grove Parking Lot which includes 14 parking spaces, a garden patio and some associated landscaping and lighting. The parking lot includes six parking spaces that back-out onto N.E. 3r Avenue. The applicant has requested a waiver for these six parking spaces since they back-out onto a public street. Staff recommends approval. 3eff Costello, Community Redevelopment A~ency (CRA) 20 Swinton Avenue, Delray Beach, stated the basis far the back-out parking is to maximize the number of spaces on site but it also provides some supplemental parking in that immediate area. Mr. Eliopoulos asked if any of those areas are reserved for sculptures or artwork. Mr. Costello stated on the north and south ends there was going to be two more oaks and the CRA replaced those with two 6x6 pads for sculpture. He stated the CRA accommodated the area for art and two of the center planter areas provide benches for seating in the area, they provide trash receptacles, and bike racks. Mayor McDuffie asked 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. There being no one from the public who wished to give testimony on this item, the public hearing was closed. There was no cross-examination or rebuttal. 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. Eliopoulos moved to adopt the Board Order as presented, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a S to 0 vote. 9.C. SPECIAL EVENT REQUE_S_T/HAITIAN FLAG DAY EVENT: Consider approval of a special event request for the Haitian Flag Day Celebration sponsored by Helping Hands Mission Organization, Inc. on May 24, 2009 from 2:00 p.m. until 10:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6.(F} for the parade route, use of Merritt Park; and to authorize staff support for security and traffic control, trash removal and clean up, barricading, event signage, and stage use; contingent upon the following conditions: small stage use rather than large stage, no EMS service on-site, event producer to pay 100% of City costs, receipt of a certifcate of liability insurance and hold harmless agreement 10 days prior to the event. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Haitian Flag Day Celebration produced by the Helping Hands Mission Organization, Inc. proposed to be held on Sunday, May 24, 2009 from 2:00 p.m. until 10:00 p.m., to grant a temporary use permit per LDR's Section 2.4.5(F} for the parade route, use of -24- 04/21/09 Merritt Park, to authorize staff support for traffic control and security, EMS service, event signage, site clean up, and stage use. The event producer is also asking for a waiver of City costs. Mr. Barcinski stated he has reviewed this with staff and they do not feel that EMS service is needed because of the size of the event. He stated the large covered stage cannot go on grass and it can only go on a hard surface. Mr. Barcinski stated estimated overtime costs for this event is $3,735, stage rental $265, signage $250, and trash boxes $17.50 for a total of $4,267.50. Per Event Policies and Procedures, the event producer will have to pay 100% of the cost. Mr. Barcinski stated staff does not recommend a waiver of the fees because this would be setting a precedent. Staff recommends approval with the following conditions: (1} small stage use versus the large covered stage, {2} No EMS Service on site, {3) Event producer to pay 100% of City costs per policy, {4} Receipt of a Certificate of Liability Insurance 10 days prior to the event, (5) Receipt of a Hold Harmless Agreement 10 days prior to the event. Mr. Frankel asked if the event is being held Saturday or Sunday. Mr. Barcinski stated they originally asked for Saturday and replaced it with a Sunday request. Mr. Frankel expressed concern that later in the evening they are going to have live music and being a Sunday and wants to ensure that residents are not affected. Mr. Barcinski stated as long as they stop playing at 10:00 p.m. and the City will not let anyone play music past this time unless it is in a commercial zone. Mr. Bernard moved to approve the Special Event Request for the Haitian Flag Day Celebration sponsored by Helping Hands Mission Organization, Inc. on May 24, 2009 from 2:00 p.m. until 10:00 p.m., per staff's recommendations, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos --- Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.D. AGREEMENTIALSERTA & ASSOCIATES CONSULTING: Consider approval of an Agreement between the City and Alberta & Associates Consulting in an amount not to exceed $85,000.00 to coordinate and implement the R.A.C.E. Relations Initiative in accordance with the goals and objectives adopted by the City Commission. Lu1a Butler, Director of Community Improvement, stated this is a request for Commission approval of the consulting agreement with Alberta & Associates Consulting to coordinate and implement R.A.C.E. Relations Initiative in accordance with the goals and objectives adopted by the City Commission. Staff issued a Request for Proposal (RFP} for consulting service to coordinate and carry out initiatives under the City's adopted goal of "Community Unity." The RFP was advertised on March 1, 2009 with the requirement that a sealed proposal be submitted and received in the Purchasing Office on or before March 29, 2009 at 2:00 p.m. The Purchasing Department received four (4) proposals and an in-house committee was created to review the proposals. The committee consisted of Assistant City Manager Robert Barcinski, Shelly Weil (Chair of the Police Advisory Board and a member of the Zion Study Circle Group), and Lula Butler, Community Improvement Director. The committee reviewed the four (4) proposals; two {2) were eliminated and two (2} were very good. Mrs. Butler stated the - 25 - 04/21 /09 committee decided that in order to make a final decision, they needed to interview the top two consulting companies (Alberta and Associates Consulting and Converge and Associates Consulting). Staff rated based on the criteria that were submitted as a part of the RFP giving 50 points for the working knowledge of the City's issues and its R.A.C.E. Relations initiatives considering costs secondly and third was experience. Staff recommends that the Commission consider approving the agreement between Alberta and Associates Consulting in the amount of $85,400.00 for the period of May 2009 through November 2010. Mr. Eliopoulos inquired about the payment schedules and asked about the timeframe of the project and what it involves. Mrs. Butler stated it involves three phases. The first phase is an update of the data that is classified under eight different categories from the first report that the Commission approved in 2005, the second phase is to create the dialogue with the community and the strategy for the outreach and engage in the community, and the third phase is a comprehensive plan that we can move forward on our own. Staff interviewed both candidates because the point system was so close and the committee was trying to decide which one is going to be best suited far Delray Beach. One of the things that the committee considered in staff's recommendation is that Alberta and Associates Consulting comes with two other consulting firms that will work with her and they have a wonderful software system that they use to get consensus in large meetings. Staff felt that this is a safe way for people to talk about a very sensitive subject and felt it was consistent with what Commission had approved before and it really works well. Mrs. Butler stated the second consultant is someone she is not familiar with, however, she read their background and they have experience in R.A.C.E. Relations and facilitation and getting consensus out of groups. Mrs. Butler stated her casts are all inclusive and she has agreed to extend the contract beyond the September 30th date and staff asked that this date be extended to November 30th because they felt you could not accomplish all of what they accomplished in that time and she will do this for the same cost that she proposed. Mr. Eliopoulos stated probably in Delray's history and in his time in Delray Beach, the Jarrod Miller killing was probably the most emotional thing that this community has ever gone through. He stated Alberta McCarthy was actually sitting dawn with people expressing and f nding out all the concerns of what happened. Mr. Eliopoulos stated former Mayor Jeff Perlman was out in the front trying deal with this issue and has always credited her as being the one for pulling everything together. Mr. Eliopoulos stated that set the bar for him and he concurs with staff's recommendation. Mr. Fetzer stated he worked on the R.A.C.E. Relations Committee with former Mayor Perlman and agrees with Commissioner Eliopoulos that this is probably the most intense areas in R.A.C.E. Relations that the City has had with the shooting of Jarrod Miller. Mr. Fetzer stated he is extremely pleased to see that this is getting started again. He stated the City has been doing study circles which have worked out well and commented that the City needs to take a proactive approach and not just react to situations. Mr. Fetzer stated based on the analysis from staff and in his opinion Alberta has the qualifications to do this. Furthermore, Mr. Fetzer stated he has seen her in action -26- 04/21/09 in the previous committee and supports the selection. Mr. Bernard concurred with comments expressed by Commissioner Eliopoulos anal Commissioner Fetzer. However, Mr. Bernard stated from a R.A.C.E. Relations perspective, he would like the City to also see to what is going on at the PBA facility on Mission Hill Road. Mr. Frankel concurred with comments expressed by Coxnmissioners Eliopoulos, Fetzer, and Bernard but he feels out of the four (4) vendors that bid one was a local bidder. He stated not only is she a local bidder, but as far as knowledge of the City you have to put her at the top of the list. Mr. Frankel stated he fully supports this. Mayor McDuffie stated there is nothing to take the place of experience, compassion, and dedication from former Commissioner McCarthy. Therefore, he too supports the selection as well. Mr. Eliopoulos moved to approve the Agreement with Alberta & Associates Consulting, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.E. INTERLOCAL AGREEMENTITOWN OF GULF STREAMJFIRE RESCUE SERVICES: Consider approval of an lnterlocal Agreement with the Town of Gulf Stream for Fire-Rescue Services. The City Manager stated since 1983 Delray Beach has provided Fire- Rescue services within the Town of Gulf Stream. He stated from 1983-1992 it was provided on a charge per call basis and in 1992 the City of Delray Beach set up a new agreement with an annual fee based on a per capita cost and that was renewed and changed somewhat in 1999. The City Manager stated the 1999 agreement will expire on September 30, 2009 and Gulf Stream would either like to extend the existing agreement or enter into a new agreement. He stated the City has proposed a new agreement in order to change the base charge and bring it up-to-date and also include an escalator clause that is mare likely to keep up with our costs. The City Manager stated there are a couple different ways to calculate the charge and he understands that same members of the Fire- Rescue Department would like to give us some additional and make a slightly different proposal. He stated staff would like to have time to look at the proposal and suggested that the Commission table this until May. The City Manager stated staff is glad to look at any additional information that the Fire-Rescue Department might wish to bring forward. Mr. Eliopoulos supports postponing this item. Mr. Fetzer stated there is time to work on this and he too supports postponing this item. -27- 04/21/09 Mr. Bernard stated he too agrees with postponing this item but suggested that this be a Workshop item. He stated he would like to know how the City is going to address Fire Station #2 and also Gulf Stream so that we will know how much to charge. Mr. Frankel concurs with Commissioner Bernard and stated Gulf Stream is going to be serviced by Fire Station #2 which is understaffed. He stated it is important to earmark any funds generated by Fire Station #2 to fully staff it. Mayor McDuffie stated he spoke with the City Manager and members of the Fire-Rescue Department as well and feels that we have time and there is no need to rush into this. He stated some things have been presented to him with other cost methodologies and suggested that the Commission review. Mayor McDuffie stated it was brought to his attention that this contract will not be serviced by Fire Station #2 alone because depending on the type of call that comes into Gulf Stream, the Fire-Rescue Department could dispatch from as many as three stations into Gulf Stream. He supports the extension as well. Mr. Eliopoulos moved to postpone the Interlocal Agreement with the Town of Gulf Stream for the Fire-Rescue services to the Workshop Meeting of May 12, 2009 and then bring back to the Regular Commission Meeting of May 19, 2009, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel - Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote. 9.F. WAIVER OF BONDING RE UIREMENTS FOR PIPE LINING OF THE 16" INTRACOASTAL CROSSING: Consider waiving the performance and payment bond requirements as stipulated under the Purchasing section (PUR-16) of the Administrative Policies and Procedures Manual for the pipe lining of the abandoned 16" Intracoastal Crossing. Richard Hasko, Director of Environmental Services, stated at the last regular meeting the Commission gave staff direction to bid the project for lining the Intracoastal Waterway rather than award to a single contractor. At that time, Mr. Hasko stated there was consensus among the Commission to agree to wave the payment of performance band and this formalizes that. He stated according to the ordinance, staff needs to get the approval of Commission to waive those requirements before they actually bid the project. Mr. Eliopoulos moved to approve the waiver of the bonding requirements for the pipe lining of the 16 inch Intracoastal Crossing, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. -28- 04/21/09 9.G. CH,ANGE ORDER NO. 2/WEST CONSTRUCTION, INC.IMILLER PARK IMPROVEMENTS: Consider approval of Change Order No. 2 in the amount of $164,456.00 to West Construction, Inc. for removal and disposal of unsuitable materials excavated at the site for the Miller Park Improvements. Funding is available from 448- 5461-538-63.94 {Stormwater Utility Fund/Improvements Other/Other Improvements}. Richard Hasko, Director of Environmental Services, stated this is a request for approval of a change order for the Miller Park project in the amount of $164,456.00 and it is for dealing with debris from the former landfill on this site that was generated from the construction activities thus far. Mr. Hasko stated staff knew this site had prior use as a landfill but had been abandoned 30 years ago. He stated staff did some due diligence in terms of some soil borings, etc. to try and figure out what to expect. Mr. Hasko stated there were six {6) soil borings and there were also two {2} percolation borings that were done far the infiltration system {one on the north and two on the south). Also, Mr. Hasko stated based on the soils analysis that staff had, they put an allowance in the contract for dealing with any deleterious material that the contractor might come across. He stated the coxnpounding reason that so much debris was generated was because of the size of the trench. Mr. Hasko stated based on the numbers from the contractor there is an $85.00 per hour charge for a loader machine and operator. He stated this change order details a unit cost of $494.80 per load. Mr. Hasko stated there is a caveat that the contractor is reserving the right to request additional time on a contract because of additional efforts. Mr. Hasko stated the contractor has performed well for the City and almost every project he has done for the City has run ahead of schedule so staff does not anticipate this as being an issue. Mr. Frankel asked what staff anticipates at the next meeting with the subsequent change order. Mr. Hasko stated this is why staff has the contractor doing some excavation work and trying to get a handle on how deep the strata is and how thick it is that they may run into when they put the sewer line in. Mr. Hasko stated the prices will be the same but it is a question of haw much volume we are dealing with. Mr. Eliopoulos inquired how much is the allowance far this contract. Mr. Hasko stated staff had about a $60,000.00 allowance. Mr. Eliopoulos asked if the $60,000.00 is included in the $164,456.00. In response, Mr. Hasko stated the $60,400.00 is not included in the $164,456.00 and staff is trying to do to minimize the additional expense particularly to the General Capital Fund because he knows that he is going to have to spend that money when we get to the building pads he will have to start eating at the allowance so they are trying to fund these additional expenses with the Enterprise Funds to which they would apply. Therefore, Mr. Hasko stated staff is proposing funding for this particular expense from the Stormwater Enterprise Fund and the same will apply with the sewer line and whatever volume staff finds in there staff will propose to fund it from the Water and Sewer Fund. Brief discussion regarding the soils reports continued between staff and the Commission. -29- 04/21/09 Mayor McDuffie commented that there is no intent of staff that they have to go in and remove all kinds of material from the site. Mr. Hasko stated staff has no indication whatsoever that rt has the potential for causing anything other than structural '- issues. Mr. Hasko stated staff is not finding decomposing organics or anything of this nature. Mr. Hasko stated staff wants the contractor to find out how deep the strata are underneath the pads. Mr. Fetzer moved to approve Change Order Na. 2 in the amount of $164,456.00 to West Construction for removal and disposal of unsuitable materials excavated at the site for the Miller Park Improvements Project, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos ~- Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 9:04 p.m., the Commission moved to Item 12, First Readings. 12.A. ORDINANCE NO. 20-09: Consider an ordinance amending Chapter 33, Article IV "City Police and Firefighters Retirement System," at Section 33.63, "Optional Farms of Benef ts," to provide fora "Pop-Up" feature as an optional form of retirement benefit upon the election of a plan member; providing far severability; providing for inclusion in the City Code. If passed, a second public hearing will be held May 5, 2009. The caption of Ordinance No. 20-09 is as follows: office.) AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 33 "POLICE AND FIRE-RESCUE DEPARTMENTS" AT ARTICLE IV "CITY POLICE AND FIREFIGHTERS RETIIZEMENT SYSTEM" AT SECTION 33.63 "OPTIONAL FORMS OF BENEFITS" TO PROVIDE FORA "POP-UP" FEATURE AS AN OPTIONAL FORM OF RETIREMENT BENEFIT UPON THE ELECTION OF A PLAN MEMBER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING AN EFFECTNE DATE. {The official copy of Ordinance No. 20-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. She stated under the "pop-up", the member's monthly benefit would be actuarially reduced {a fiirther reduction of the already reduced joint and survivor benefit). Then, if the member's joint -30- 04/21/09 pensioner dies before the member, the member's benefit would increase to the straight life annuity amount. Based on the actuarial reduction of the member's benefit, the actuary has certified that this change will have no cast impact. Mr. Bernard moved to approve Ordinance No. 20-09 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulas -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 21-09: Consider an ordinance amending Chapter 33, "Police and Fire Departments", subheading "Pensions", of the Code of Ordinances of the City of Delray Beach, Florida, by amending Section 33.65, "Administration", to provide for a City Commissioner to serve as an appointed member of the Board of Trustees. If passed, a public hearing will be held on May 5, 2009. The caption of Ordinance No. 21-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORTA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS" SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.65, "ADMIN"ISTRATION", TO PROVIDE FOR A CITY COMMISSIONER TO SERVE AS AN APPOINTED MEMBER OF THE BOARD OF TRUSTEES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PRDVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-09 is an file in the City Clerk's The City Attorney read the caption of the ordinance. Mr. Bernard stated the ordinance references the word "shall". The City Attorney stated this was changed to say "may". Mayor McDuffie stated this language does prevent this from being construed as dual office holding. The City Attorney stated this is correct. Mr. Frankel stated as a former member is there any conflicts for him if he participates in the vote. The City Attorney there would be no conflict. Mr. Eliopoulos moved to approve Ordinance No. 21-09 on FIRST Reading, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. -31- 04/21/09 Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 22-09: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending Section 35.105, "Administration by Retirement Committee", to amend the committee membership, if passed, a public hearing will he held on May 5, 2009. The caption of Ordinance No. 22-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIR.EMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.105, "ADMINISTRATION BY RETIREMENT COMMITTEE"; TO AMEND BOARD MEMBERSHIP; PROVIDING A GENERAL REPEALER CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. She stated an additional member could be a City Commissioner, an employee, or the Mayor. Mr. Bernard moved to approve Ordinance No. 22-09 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuf~ie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer--Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND IN UIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated Commissioner Eliopoulos had expressed concern about an email from St. Vincent's and a sexual predator being located close by. The Police Department is scheduled to meet with the school and others concerned tomorrow at 8:15 a.m. The City Manager stated Chief Strianese, Captain Goldman, Detective Young, and Terrill Pyburn from the City Attorney's office, the involved probation officer and the property owner will be on hand to discuss the situation and discuss options. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items, -32- 04/21/09 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer congratulated Commissioner Eliopoulos for being nominated Vice Chairman of the Sewer Board. Secondly, he attended the Sister Cities Safari Dinner and stated it was a great setting at the zoo. Lastly, Mr. Fetzer stated the Delray Affair was well attended and the weather was great. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos congratulated Mr. Fetzer for being nominated Treasurer of the Sewer Board. Secondly, Mr. Eliopoulos commented about issues and complaints about pit bulls at 917 Lake Drive. He expressed concern over the number of pit bulls at this location around Christmas time and inquired if there is something in the City's Code that states that you cannot have more than a certain amount of animals. Mr. Eliopoulos stated when he was there at Christmas the two largest pit bulls were inside and the ones that were in the streets were much smaller where he just picked them up and put them behind the fence. He stated as of today, all of the pit bulls were out and attacked landscapers. Mr. Eliopoulos stated the neighbors have been complaining about this and it seems as though the owners had a hard time controlling that. Mr. Eliopoulos stated he would like to know the status of the one-way pairs. The City Manager stated the City is not getting a response from the County and the City Engineer is at the County every week or sa. The City Manager stated staff has copied Commissioner Abrams and has asked the Chamber of Commerce to contact him also to see if he can help us out. The City Manager stated Palm Beach County Commissioner Steven Abrams has asked to come and appear before the Commission. It was the consensus of the Commission to have Commissioner Abrams ko appear before the Commission at their regular meeting of May 5, 2009 regarding the one-way pairs. Mr. Eliopoulos stated last he met with staff, Old School Square, and Currie Architects with regard to the window replacements at Old School Square. He camplimented Bi11 Branning of BSA who is a member of the Old School Square Board. Mr. Eliopoulos stated we went out to bid and his concerns and Mr. Branning's was the fact that we probably did not have enough information out there for bidders. Mr. Eliopoulos stated when you look at an exterior wall you are not seeing inside of it and the conditions of most of the walls at Old School Square are different. He stated as they toured the buildings at Oid School Square, they found that the City is basically going to rebid it. Mr. Eliopoulos stated we need drawings and he believes that through FEMA and - 33 - 04/2I/09 the monies that the City would be getting, that these windows have to be impact resistant to meet the Code and in order to do that we might be ripping up a lot of walls in order to anchor these windows down. 13.C.3. Mr. Frankel Mr. Frankel thanked the City Manager and the Commission for the proclamation to the Dori Slosberg Foundation and Teenage Safe Driving Awareness Week. He stated this is a great organization and former State Representative Irv Slosberg and his staff do a great job throughout the community, Palm Beach County, and the State. Secondly, Mr. Frankel stated the Delray Affair was great. He stated the crowds were wonderful and the weather could not have been better. He stated he is looking forward to Circle on the Square this weekend. In addition, Mr. Frankel stated he is looking forward to the Goal Setting Session on Thursday. 13.C.4. Mr. Bernard Mr. Bernard thanked the City Manager and the Grant Team for the hard work that they have embarked on in terms of trying to get the most money out of this stimulus package. He is happy to hear that Delray Beach is going to try and get up to $6 million. He extended kudos to the Grant Team and Rich Reade for the hard work that they are doing. Secondly, Mr. Bernard stated he believes that April 30t~' is Pahn Beach County Commissioner Addie Greene's last day and stated the TED Center is honoring her on Saturday, April 25, 2009 at their gala. Mr. Bernard asked that the Commission present Addie Greene with a proclamation. He stated the Dehay Affair was a great event and thanked the Chamber of Commerce for putting on a great event and bringing many visitors to Delray Beach. Mr. Bernard stated with regard to the City Attorney's position that is going to be opening up, he would like to know if the Commission is going to do an RFP or hire someone from within. The City Manager stated staff needs direction from the Commission as to how they choose to approach it. After brief discussion, it was the consensus of the Commission to post this position internally. Lastly, Mr. Bernard thanked the City Manager for sending the City Commission the link to Ms. Bock's (Palm Beach County Clerk and Comptroller} report in regards to the County's bond procedures. He urged the Commission to take a look at the report to sae if there is anything that we can Learn or change, he would like the City to implement those changes. The City Manager stated Ms. Back refers to the GFQA -34- 04/21/09 guidelines that the consultant had also referred to as something that should be looked at for best practice guidelines. 13.C.S. Mayor McDuffie Mr. McDuffie stated the Delray Affair was a great event. Secondly, he stated he had the tremendous opportunity to join. former Mayor Schmidt in taking the Sister Cities Ambassador from Tanzania and his wife to lunch at the Sundy House and also to attend the Safari Dinnner. Mayor McDuffie stated the Safari Dinner was a tremendous setting and everyone enjoyed themselves. Mayor McDuffie commended former Mayor Schmidt and the Conunittee for the great job they did in planning this event. Mayor McDuffie stated there was some good tennis over the weekend and noted that it is always a pleasure to give awards to young players. He commented that the Roots Golf Tournament was a great event. Lastly, Mayor McDuff e stated with regard to the Police Benevolent Association (PBA) location, this is one in a long string of events that has been going on for quite some time and they are racially mixed over time it has been raucous parties that have gotten out of control. He stated the little pocket that the PBA facility sits on in the City of Boynton Beach is awned by the City of Delray Beach. The City Attorney stated the City of Delray Beach has along-term lease that has approximately 60 years to go and it was a 99 year lease and is a lease that does not have very many terms at all so it is hard to violate the lease when you do not have to pay any money or do anything. The City Manager stated although it says Delray Beach PBA it has no connection whatsoever to our PBA and explained it is a private organization. The City Manager stated staff has discussed trying to take over the facility but the City Attorney's office have indicated that the City of Delray Beach could end up having to condemn it and pay the full market value because the lease is for so long. The City Attorney stated this would be condemning something outside the City limits since the City of Delray Beach has no jurisdiction. Mr. Bernard asked if Delray Beach can sell it to Boynton Beach. The City Manager stated the City of Delray Beach Police Department could make goad use out of it if staff could figure out a way to purchase it without it costing a fortune. Staff will look into this issue. There being no further business, Mayor McDuffie declared the meeting adjourned at 9:32 p.m. -35- 04/21/09 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Reg~xlar City Commission Meeting held on April 21, 2009, which Minutes were formally approved and adopted by the City Commission on May 5, 2009. ~• 1 ~' 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. -36- 04/21/09 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EKTENSlON REQUEST tr'DR CONDITIONAL USE APPROVALS GRANTED TO THL HISTORIC SOUTM SWINTON AVENUE AND SUNDY HOUSE PROJECT ORDER C3F THE CITY COIVINIISSIDN OF THE CITY O DELRAY BEACH, FLORIDA 1. The above named conditional use extension request has come before the City Commissian an April 21, ~tlQl3. 2. This Conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimvr~y to the City Commission pertaining to the conditional use extension request for the Historic South Swinton Avenue and Sundt' House project. All of the evidence is a park of the record in this case. Required findings are made in accordance with LDR Section 2.4.4(F}(1 }and ~F}(3}. 4. Section 2.4.4(F)(1 } requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason far the extension; The request must be considered by the came body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4~.4~F)~'i) been met? Yes 4 No 1 5. In making a determination under LDR Section 2.4.4(F)(3} the Commissian shall consider the fallowing: ~a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; ~° (b} Additional submittal information including a new application and copies of previously submittai material may be required; Aprii 2'1, 2009 CC Meeting Item 9.A. (c) The granting body must make findings pursuant to 2.4.4(B}, (See Exhibit "A", attached hereto), (d) The granting body may impose additional conditions of approval pursuant to 2.4.4{C), (See Exhibit "A", attached hereto}, to insure campllance with any applicable changes to regulations or changes in circumstances v+rhich have occurred since the previous approval. Have the requirements of Section 2.4.4(f!}(~} been met? Yes 4 No 1 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the LDR requirements in existence at the time the conditional use extension request was submitted and finds that its determinations set Earth in this Order are consistent with the Comprehensive Plan. 8. 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 campetent witnesses supporting these findings. 9. Based on the entire record before it, the City Commission approves ~/ denies the conditional use extension request to allow the previious conditional use approval, subject to the original conditions of approval, to be valid for twenty~four (24} months through May 1, 201 ~I. The City C©mmission hereby adopts this Order this 21~t day of April, 20x9, by a vote of ~ in f~.var~nd 9 0~1-,-~ Nelson S. A`rTE ~r,~~r,~A n, c~n~s, n~rrrx' c~~ cL~ ~ April 21, 2009 CC Meefing Item 9.A. EXHIBIT "A" TO THE BOARD ORDER REGARDING THI= CONDITIONAL USE EXTENSION 1=0R THE HISTORIC SOUTH SIMNTON AVENUE SUNDY HOUSE PRO~IECT Sectlc~n 2.4.4 Ger~era! Procedures Per#alning to Approval of Land Use and Development _ApPlications. The following provisions apply to various land development applications: (B) Findings Upon Aparvval; Prior to the approval of a development application, certain findings must be made in a farm which is part of the official record. Article 3.1 sets forth such required findings. (C} Imaosition of „conditions: In granting approval to any development application, the granting body may impale whatever conditions it deems necessary in order to insure; The compatibility ofi the use with nearby existing and proposed uses. * Concurrency. ~ Consistency with objectives and policies of the Comprehensive Plan. ~ The fulfillment of requirements of these Regulations which should have or could have been fulfilled prier to the approval action but which were not, due to conditions beyond the control of the applicant. ~ The fulfillment of requirements ofi these Regulations which could have been fulfilled prior but remain outstanding; thus, prodding that they wilE be accommodated in a later stage of processing. However, neither a final subdivision plat nor an abandonment of a right-af-way ar an easement shall be approved subject to conditions, 3 April 27, 2009 CC Meeting Item 9.A. ARTICLE 3.'! RE AIRED FINDINGS FQR LAND USE AND LAND DEVELOPMENT APPLICATIONS Section 3.'!.1 Raaulrecl , Flndlnas: Prior to the approval of development apfilications, certain findings mush be made in a form which is a part of the official retard. This may be achieved through information on the application, written materials submitted by the applicant, the stafF report, ar minutes. Findings shall be made by the body wl7icl~ has the authority to approve or deny the development application, (A) Fu#ure Land Use Map: The resulting use of land ar structures must be allowed in the zoning district within which the land is situated and said zoning must be tansistent with the applicable land use designation as shown an the Future Land Use Map. (B) Canaur~,rency: Concurrency as defined pursuant to Objective B-2 of the Future Land ~Jse Element of the Comprehensive plan must be met and a determination made that the public facility needs, including public schools, of the requested Iand use and/or development application will not exceed the ability of the City and The School Distric# of Palm Beath County to fund and provide, or #o require the provision af, needed capital improvements in order to maintain the Levels of Service Standards established in Table Cl-GOP-1 of the adapted Comprehensive Plan of the City of Delray Beach, (C) Cansistency: A finding of overall consistency may be made even though the action will be in conflict with same individual performance standards contained within Article 3.2, provided tfiat the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified paints of conflict, (D) Cam Rance with LDRs: Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall specifically be addressed by the body taking final action on a land development applicatianlreques#. Such items are fo~rnd in Section 2.4,5 and in special regulation portions of individual zoning district regulations. 4 April 21, 2009 CC Meeting Item 9.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF C~ELRAY BEACH, FLORIDA 1NAlVER REQUEST FOR TWE CRA PINEAPPLE GROVE PARKING LC?T f}RDER OF THE CITY COMMISSION OF THE CITY OF' DELRAY BEACH, FLORIDA 'I . This waiver request to allow back out parking directly onto NE 3rd Avenue has come before the City Commission on April 21, 2{389. 2. The Applicant and Gity staff presented documentary avid®nce and testimony to the City Commission pertaining to the waiver request far the CRA Pineapple Grave Parking l_ot. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Per LDR Section 4.6.9(Dj(2j, each required parking space shall be accessible at all times so that a vehicle must be able to enter and exit the parking area onto a street in a forward manner. The proposed parking spaces along NE 3r~ Avenue do na# comply with this requirement since they back-out directly onto the street. The applicant has requested a waiver from this requirement. Pursuant to LDR Section 2.4.7(B}(5j, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (aj Shall net adversely affect the neighboring area; (bj Shall not significantly diminish the provision of public facilities; (cj Shall not create an unsafe situation; and, {dj Goes not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property far another applicant ar owner. Does the waiver request meet ell the requirements of 2.4.7{B)(5) subject to the conditions, if any, listed below? NIA Yes 5 No 0 1 April 21, 2009 CC Meeting Item 9.B. 3, The City Commission has applied the Comprehensive flan and LDR requirements in existence at the time the request was submitted and finds that its determinations set forth in this Order are consistent with the Gomprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its f[ndings in the retard 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 findirtgs. 5. Based an the entire record before it, the City Commission approves ~ denies the waiver request to LDR Section 4.6.9~D}(2}, if any, imposed in this order, G. Based an the entire record before it, the Ci#y Commission hereby adopts fihis Order this 2#~ day of April, 209; by a vote of _. 5 ~. In favor and d apposed. ATTEST: Q~DA .~ G~~C~~3S, "~EL'~TY CI~'Y GZ.ERK 2 April 21, 2009 CC Meeting Item 9.B.