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05-19-09 Regular Meeting
MAY 19, 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 6:00 p.m., Tuesday, May 19, 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 Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Linda Mobley with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie stated that Item 6.A., Proclamation Recognizing Student Ambassadors has been removed from the Agenda. ~~ Mayor McDuffie requested that Item S.D., Selection of Ea le Nest Homebuyer of the Consent Agenda be postponed to a date certain of June 2, 2009 at 7:00 p.m. and Item 10.D., Resolution No. 21-09 Public Hearin be postponed to a date certain of June 2, 2009 at 7:00 p.m. Mr. Eliopoulos requested that Item 8.H.D. Review of A eatable Land Development Board ,Actions fBoy's Farmers Marked be moved to the Regular Agenda as Item 9.A.A. ~~ ~~~ ~ ~~~~ Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mr. Fetzer. 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. 05/19/09 5. APPROVAL OF MINUTES: Mr. Bernard moved to approve the Minutes of the Regular Meeting of May 5, 2009, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliapoulas -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to approve the Minutes of the Special/Workshop Meeting of May 12, 2009, seconded by Mr. Frankel. Upon roll call the Commission voted as follow: Mr. Bernard -Yes; Mayor McDuff e -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. G. PROCLAMATIONS: 6.A. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 7. PRESENTATIONS: 7.A. None At this point, Mayor McDuffie stated he would like to recognize and congratulate former Boca Raton Mayor, friend, and our new Palm Beach County Commissioner Steve Abrams who is present this evening. He stated this has been a very smooth transition to the County Commission. Mr. Abrams stated Delray Beach is a large piece of his district and he looks forward to continuing to be Delray's partner in making sure that Delray Beach is able to meet its goals as a city. B. CONSENT AGENDA: City Manager Recommends Approval. B.A. AGREEMENT/NUTTING ENGINEERS OF FLORIDA INC.: Approve an Agreement with Nutting Engineers of Florida, Inc., in the amount of $16,465.00 for performing testing of construction materials for the Area 11A Reclaimed Water System Contract 3. Funding is available from 441-5181-536-65.96 (Water and Sewer Fund/Other Improvements/Reclaim Water Transmission). B.B. AMENDMENT NO, 2 TO THE VENDOR AGREEMENT/ERDMAN ANTHONY AND ASSOCIATES INC.: Approve and authorize the Mayor to execute Amendment Na. 2 to the Vendor Agreement with Erdman Anthony and Associates, Inc. in the amount of $2,400.00 for the construction administration services of the mast arm signals at the intersection of S.W. 2~'d Avenue and West Atlantic Avenue. Funding is available from 334-3162-541-65.88 (General Construction Fund/Capital Outlay/S.E. - N.E. 1st Street One-Way Pair). B.C. RESOLUTION NO. 2209: Approve Resolution No. 22-09 supporting the establishment of a Sister Schools Program to be administered by Sister Cities of Delray Beach, Inc. 2 05/19/09 The caption of Resolution No. 22-09 is as follows: office.) A RESOLUTION OF THE CITY OF DELRAY BEACH SUPPORTIlVG THE ESTABLISHMENT OF SISTER SCHOOLS BETWEEN THE CITY OF DELRAY BEACH, FLORIDA, UNITED STATES OF AMERICA AND THE CITIES OF MIYAZU, JAPAN AND MOSHI, TANZANIA. {The off cial copy of Resolution No. 22-49 is on file in the City Clerk's B.D. THIS ITEM HAS BEEN POSTPONED TO A DATE CERTAIN OF JUNE 2, 2009 AT 7:00 P.M. B.E. EASEMENT DEED AGREEMENT/MIDTOWN DELRAY: Approve an easement agreement for a water line at the Medical Building at the Midtown Delray Phase I project, located at 4800 Linton Boulevard. B.F. AMENDMENT NO. 1 TO THE AGREEMENT/FLORIDA HIGHWAY PRODUCTS INC.: Approve and authorize the Mayor to execute Amendment No. 1 to the Agreement with Florida Highway Products, Inc. (FHP) in the amount of $38,738.30 for microsurface paving of existing City streets. Funding is available from 118-1965-554-63.11 {Neighborhood Services/Improvements- OtherBikepaths/ Sidewalks). B.G. SPECIAL EVENT RE VEST/4tih OF JULY FESTIVITIES: Approve a special event request for the 4th of Juiy Festivities, including granting a temporary use permit per LDR Section 2.4.b{F) for the closure of Atlantic Avenue from the east side of N.E./S.E. 7th Avenue to Ocean Boulevard, and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard from noon to approximately midnight; to waive Code of Ordinances Sections 101.25 "Commercial Enterprises" and 101.32 "Assemblies" to allow assembly on the beach and vendors; to allow all beach parking lots to remain open to approximately midnight; and to approve staff support for security and traffic control, street barricading and banner hanging, new large stage and small stage set up and use, EMS support, use of City generator, signage, and clean up and trash removal. 8.H. ITEM 8.H.D. HAS SEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. S.I. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Atlantic Refrigeration in the estimated annual amount of $27,040.00 for the annual contract for air conditioning services and repairs for various City buildings. Funding to be provided from various departmental budgets. OS/19/09 2. Contract award to McCabe Brothers Construction in the amount of $46,410.00 for renovations to the Atlantic Dunes Park Restroom Building. Fundixzg is available from 334-4170-57246.07 {General Construction FundlRepair & Maintenance ServiceslAtlantic Dunes RR Renovation) and 334-4170-572-63.48 (General Construction Fund/Improvements Other/Atlantic Dunes Boardwalk). 3. Contract award to Weekley Asphalt Paving, Inc. in the amount of $99,475.27 for the Narrowing of Atlantic Avenue Project. Funding is available in 334-4141-572-68.17 {General Construction Fund/Other Improvements/Gateway Miniparks @ I-95}. 4. Purchase award to Container System & Equipment Co., Inc. in the amount of $31,102.00 for the purchase of one {1) Wayne Super Series 6yd rear loader trash compactor. Funding is available from 501-3312-591-64.21 (Garage Fund/MachinerylEquipment/Vehicle Restoration). Mr. Eliopoulos moved to approve the Consent Agenda as amended, 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 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD A_CTTONS (ITEM S.H,~D~): Accept the actions and decisions made by the Land Development Boards for the period May 4, 2009 through May 15, 2009. Mr. Eliopoulos declared a conflict of interest and stepped down from the dais. He noted that his firm did some conceptual sketches for the site. Paul Dorling, Director of Planning and Zoning, stated the item that was pulled is a Class II site plan modification to the Boy's Farmers Market and revolves around a space that was to the rear of the site that was illegally converted from landscape area to paved area. Mr. Dorling stated they have been cited and in response to that they have proposed a like amount of landscaping in a different area to substitute for the area that was converted. Mr. Bernard moved to approve Item 9.A.A. (formerly 8.H.D.}, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, Mr. Eliopoulos returned to the dais. 9.A. RE UEST FOR IN-LIEU PARKING SPACE/CUT 432 STEAKHOUSE RESTAURANT: Consider a request from Cut 432 Steakhouse Restaurant, located at 432 East Atlantic Avenue for the purchase of two {2} in-lieu 4 05/19/09 parking ,spaces at a cost of $31,200, to accommodate an expansion conversion of use. (Quasi-Judicial Hearin Mayor McDuffie read into the record the City of Delray procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi~Judicial Hearings. Chevelle D. Nubia, 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. The Corrunissian had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated this item is a request from Cut 432 Steakhouse Restaurant for two (2) in-lieu parking spaces to accommodate an expansion of use to the neighboring former purse store. The occupied space is a 689 square foot occupation of space and it requires two parking spaces in accordance with Land Development Regulations Section 4.4.13(G}(1){a} which requires the difference between the space per 300 square feet vested for the retail {6891300 = 2.29} and the 6 spaces per 1,000 square feet required for the restaurant (689/1000 = 0.689 x 6 = 4.1.34 - 2.29 = 1.84 which rounds up to 2 spaces). The applicant is requesting the purchase of two (2) in-lieu parking spaces, at a cost of $1.5,600.00 per space, totaling $31,200.00 to be paid in full upon issuance of a building permit. Mr. Aronson stated LDR Section 4.6.9(E)(3) states that when it is impossible or inappropriate to provide the spaces that City Commission can grant the in-lieu of spaces and they do not have any area to provide said spaces and thus the reason for the request. He stated the Cluster Study warns us that we have to have a proper mix of retail and restaurant. However, this space is a very small space and it does not go back all the way to the back of the building. The restaurant actually neighbors it and it does go behind this space and it is actually appropriate in this case that the restaurant take it over because it would be difficult for the retail to be leased in this space which is why staff supports this request. At its meeting of April 28, 2009, the Parking Management Advisory Board (PMAB) recommended approval; at its meeting of Apri130, 2009, the Community Redevelopment Agency (CRA) recommended approval; and at its meeting of May 11, 2009, the Downtown Development Authority {DDA) recommended approval. There was no cross-examination or rebuttal. Mayor McDuff e stated if anyone from the public would like to speak in favor or in opposition of the request for in-lieu parking spaces, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the request, the public hearing was closed. The City Attorney stated the Commission needs to make a finding whether it is impossible or inappropriate to provide the parking and if this finding is made it would be subject to the condition of a payment of $31,200.00 payable upon the issuance 5 05/19/09 of a building permit. The City Attorney briefly reviewed the Board Order with the Commission who made fmdings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to adopt the Board Order as presented (subject to the condition of a payment of $31,200.00 payable upon the issuance of a building permit), 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. 9.8. RE UEST FOR IN-LIEU PARHING SPACEIGREAT AMERTCAN BEAUTY OFFICE AND SHOWROOM: Consider a request from Great American Beauty Office and Showroom located at 124 North Swinton Avenue for the purchase of four (4) in-lieu parking spaces at a cost of $31,200.00. {Quasi-Judicial Hearia~ 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. Scott Aronson, Parking Management Specialist, stated Great American Beauty Office and Showroom is located at 124 North Swinton Avenue in the Old School Square Historic Arts District. Mr. Aronson stated the proposal is to accommodate the demolishing of a garage that was built in approximately 1985 and the original structure that was built in 1915 will remain (formerly Nanny's Attic). The new two-story 1,939 square foot office building and the two combined will require fourteen (14) parking spaces. The property currently has ten parking spaces on site which will require four (4) new parking spaces. Mr. Aronson stated there is no space to accommodate the four (4) new parking spaces. He stated Land Development Regulations Section 4.6.9 allows far the City Commission to approve spaces in-lieu of. Area 2 of the in-lieu of program is $7,$00.00 per space far a total of $31,200.00. Mr. Aronson stated the applicant is the owner of the property and would like to pay the in-lieu fee agreement which requires a 50% payment upon execution of the agreement and two subsequent 25% payments on the second and third anniversaries of the agreement. At its meeting of April 28, 2009, the Parking Management Advisory Board (PMAB} recommended approval of the applicant's request with a vote of 8-1 (Cook dissenting); at its meeting of May l1, 2009, the Downtown Development Authority (DDA) recommended approval of the applicant's request with a vote of 3 to 1 (Cook dissenting). Mr. Cook's concern was that there was no floor plan shown for the offices and he thought that during events those areas are sometimes closed off where those people would park. There was discussion on this item and the thought from the applicant and staff was that the owner of the property would likely have his employees park at the Old School Square Garage which is about a block away and save the spaces for his visitors and guests. At its meeting of April 30, 2009, the Community 6 05/19/09 Redevelopment Agency {CRA} recommended approval of the applicant's request. There was no cross-examination or rebuttal. Mayor McDuff e stated if anyone from the public would like to speak in favor or in opposition of the request for in-lieu parking spaces, to please come forward at this time. There being no one else from the public who wished to address the Commission regarding the request, the public hearing was closed. The Commission needs to make a finding whether it is impossible or inappropriate to provide the parking and if this finding is made it would be subject to the condition of a payment of $31,200.00 payable upon the issuance of a building permit. The City Attorney stated the Commission needs to make a finding that it is impossible or inappropriate to provide the parking subject to the condition of payment of $31,200.00 in accordance with the in-lieu parking agreement which will be attached in Exhibit "A" which is also approved as part of this Board Order. The City Attorney briefly reviewed the Board Order with the Commission who made f ndings 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 (with the condition of payment of $31,200.00 in accordance with the in-lieu parking agreement which will be attached in Exhibit "A"), seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuff e -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.C. US Z MODIFICATION/FLORIDA DEPARTMENT OF TRANSPORTATION FDOT : Authorize staff to proceed with design of permanent modifications to US 1 between SE 10th Street and George Bush Boulevard; and authorize the Mayor to write a letter to the Florida Department of Transportation (FDOT) requesting that FDOT enter into an agreement with the City to obligate FDOT's S.E.- N.E. 6th Avenue Resurface, Restore and Rehabilitate (RRR) funding to the City for implementation. Mayor McDuffie stated for clarification the Commission is here tonight to approve plans for the constriction not to approve the construction. Randal Krej carek, City Engineer, stated staff is requesting approval of two separate issues. The first issue is to move forward with the permanent design of the Corridor (US-1 between S.E. 10th Street and George Bush Boulevard) and the second issue is the City was approached by the Florida Department of Transportation (FDOT) regarding a resurfacing project that they have planned for the year 2012 on northbound Federal Highway and they are asking that the City write them a letter asking to take aver the funding of the resurfacing of northbound Federal Highway similar to what the City did a couple of years ago for southbound Federal Highway. 7 05/19/09 Mr. Krejcarek stated in 2002 the City Commission adopted the Downtown Master Plan which involved a lot of public input regarding how we want the Atlantic Avenue Corridor to look from I-95 to A-1-A but also what are the other Corridors going to look like and one of those was Federal Highway. He stated the Plan adopted by the Commission stated that the US-1 Corridor would be modified to two lanes in each direction from its current three lanes in each direction. lwn 2007, the City Commission approved the temporary installation of the poles in an effort to do a trial of this corridor because of some of the concerns staff had heard when they held their own public meetings with the public. Mr. Krejcarek stated the main concern was gridlock and Commission approved moving forward with a temporary measure so that staff could collect the data before and measure it to the data after we did the implementation. He stated the temporary measure was implemented in March 2008 and from April 2008 through March 2009 staff collected data. Mr. Krejcarek stated the before data was collected in 2007 and the after data was collected in February 2009 with the exception of the crash data that staff is comparing to was collected between 2001-2003 and the reason is because in 2004 we started this process. Mr. Krejcarek stated staff is estimating the permanent construction will cost approximately $11,000,000.00 and that would include wider sidewalks from Atlantic Avenue north and south two blocks to encourage pedestrian traffic and to make it safer for them. He stated when you are looking far grants through the Federal Government you have to plan five years in advance. Mr. Krejcarek stated with regard to the funding $1,400,000.00 is Federal money that has been awarded to the City of Delray Beach and we have been awarded $750,000.000 which is also Federal money; roughly $2,000,000.00 is State transportation money for southbound Federal Highway and as part of this request staff is to also take aver the northbound resurfacing project which would be $2,000,000.00 of State transportation money for that cozxidor. Mr. Krejcarek gave a PowerPoint presentation and briefly reviewed the before and after studies. Also, Mr. Krejcarek distributed a handout which was his comments to a letter that was written to the Commission which requests the Commission to vote "No" for this project. He stated he wants to ensure that as information is presented that we get it in the right context and that everyone understands what it really means. Ser giant Jacobson s eakin on behalf of the Police De artment stated he has been a motor officer since 1993 and has worked a lot of traffic homicide investigations. He stated during the frst ten years on a motorcycle he spent a lot of time on Federal Highway writing speeding tickets. Officer Jacobson stated as a motor offcer they are trying to affect the most amounts of people that they can and they are going for the people that are the blatant violators as speeders doing 15 mph, 25 mph, and 30 mph aver the posted speed limit. He stated one of the major reasons for the crashes and the homicide investigations were because it was a three lane going one direction and a lot of people would be making a left turn to go into a store ar to an intersection from the middle lane or sometimes from the right lane cutting off people that were actually traveling in the far left lane. Off cer Jacobson stated since 2004 he does an annual traffic crash study and breaks down and analyzes every crash in the City of Delray Beach during every calendar year. He stated in 2008 East Atlantic and 6~' Avenue was on the list at #20 and noted there were 15 crashes there. Officer Jacobson stated this was a 25% reduction from the year of 2007; East Atlantic Avenue and 5~h Avenue was #31 on the list with 11 8 05/19/09 crashes for the entire year and this was a reduction from 19 crashes from the year before. He stated because of the temporary reduction that was done between S.E. 10th Street and George Bush Boulevard he counted every crash that the City had on 5th and 6th Avenue for the calendar year of 2005. There were 136 crashes, in 2006 there were 152 crashes, in 2007 there were 143 crashes and for that three year period the City averaged 143 crashes a year. Officer Jacobson stated yesterday he took the crash data that they had far that same area going back one year from yesterday and that entire time encompassed a reduction in lanes and there were only 100 crashes (down 30% overall). Officer Jacobson stated in his opinion the lane reduction has helped. Mayor McDuffie asked about the costs and inquired about the $11,000,000.00 and the $600,000.00. Mr. Krejcarek stated these are not City costs and are costs associated with the accidents (i.e. insurance, medical, property damage, car damage). Mr. Fetzer expressed concern over the costs and haw this is going to impact those taxpayers in Delray Beach. He is encouraged to hear that we do have some possible grants that the City can get to do this. However, Mr. Fetzer stated he is unsure about the Earmark request from the New Federal Transportation Bill for $4,500,000.00 which is a substantial part of this. Mr. Fetzer asked if staff expects that to be settled in this appropriation this year so that we would know if we have that money or not. Mr. Krejcarek stated he called the Congressman's office today to try and get some idea of the timeframe and the current transportation bill ends September 2009. He stated if both the House and the Senate can agree on a next transportation biIl it should go for a vote around September 2009. Mr. Kxejcarek stated he was forewarned to not count on September because you do not know of the uncertainties with the Legislative process in getting that bill passed by September. Mr. Fetzer asked if the City has to have the design complete in order to qualify for the grant. Mr. Krejcarek stated we do not have to have the design complete in order to qualify for the grant. Mr. Krej carek stated because of the Federal money that the City has coming to them ($1.4 million and the $750,000.00) the City has to comply with additional Federal requirements through the design process so the design process is going to take longer. Mr. Krejcarek stated the $1.4 million, $750,000.00, and the first $2,000,000.00 of the State money is going to be put together in their fiscal year 2012 which means that construction could begin if the City is moving forward as early as late summer 2011. Mr. Krejcarek stated in order to meet that timefrarne the City would have to start design now. Mr. Fetzer feels that the City needs to continue an trying to do a better job of making the public understand why we are doing this and what the timeframes are. Mr. Fetzer stated in the past he has been the most outspoken against this project; however, the data presented this evening has been convincing to him and he sees the long range benefits for Delray Beach if we can figure out how to pay far it in the economic climate that we are in. Mr. Frankel stated the funding needs to be posted somewhere. He asked if there would be dedicated bus stops along Federal Highway. Mr. Krejcarek stated the City would handle bus stops on Federal Highway similar to how we are handling them on West Atlantic Avenue with the beautification that was done from Swinton Avenue going 9 OS/ 19/09 west to 12th where we put the bus stop and shelter so that the bus would actually stop in the lane. He stated the transit bus drivers do not like the pull-offs because the drivers in the vehicles do not let them back in so Delray Beach along with other cities have started to create bus stops where the bus actually stags in the travel lane. Mr. Frankel commented about the gridlock and someone who emailed the Commission who travels and lives on Federal Highway. Mr. Frankel stated he knows there was gridlock between S.W. 2nd Street to Atlantic Avenue because it would sometimes take him 5-10 minutes to go through the intersection so what he would do is he would pull down a side street go to Atlantic Avenue and cut across. Mr. Frankel asked if anything has been done with timing of the lights in this area. Mr. Krejcarek stated when staff met with FDOT regarding the temporary modification one of their concerns was that we were going to experience failure at the intersections because of the timing. He stated staff gat with the County (monitors and handles all the signals in the City) and asked if the City could adjust the timing of the lights. Mr. Krejcarek stated the County indicated that they could do that. Staff did not ask them to just adjust the timing. He stated with the permanent modification staff would make some adjustments to the timing of the signals to improve that situation. Mr. Frankel stated the goal to make it pedestrian friendly with beautification is great. He stated there are some empty lots in particular between S.E. nth and S.E. 7th and there was talk about putting some green area or park space there and asked if there is any stimulus money to close those side streets down. Mr. Krejcarek stated staff has not looked into that but they can get with the CRA and look at the possibility of purchasing this property. Mr. Bernard stated he is troubled by the $11,000,000.00 cost and noted that if the City does not get the $4.S million the CRA is going to be paying for this and thus corning from the citizens of Delray Beach. Mr. Kxejcarek stated those two grants are specifically earmarked for this project so if the City does not move forward with the project then the City does not receive the money. In addition, Mr. Krejcarek stated there is no match requirement on either of those. Mr. Bernard stated it was mentioned that the City is going to beautify and improve the Federal Highway Corridor but we still have commitments from I-95 to 5th Avenue that he has not seen any plans for in regards to that area. Mr. Bernard stated that staff indicated that if we do not receive the earmark then the CRA has plans to budget that $4.5 million; however, he feels that the $4.S million could be used other places in the City of Delray Beach. Diane Colonna, Executive Director of the CRA, stated if the $4.5 million does not come through then the CRA would look at whether or not there is an opportunity to modify the design. Ms. Colonna stated the way the CRA planned this originally was to do it in phases and do it over time which would drag it out longer and be more inconvenient but that is the way it could be paid for. She stated they would first look at whether the phasing could be modif ed and if the design can be modified to some degree. Secondly, Ms. Colonna stated she believes there will be funding available and noted that the CRA has done most of the projects in the Master Plan at this point. She stated there is still a lot to do on West Atlantic Avenue and the CRA is still implementing those. Ms. Colonna stated she is very confident that funding will be available and that the debt Load will be reduced in the next. few years. She stated there is also the option of borrowing if 10 05/19/09 we really had to. Mr. Bernard asked about the level of commitment in regards to changing from I-95 to 5th Avenue. Ms. Colonna stated what was articulating in the Downtown Master Plan is that US-1 is also a very important project and noted that the entire 5th Avenue Corridor is completely transformed and that was part of the Downtown Master Plan. She stated the CRA has expended millions of dollars in street improvements and buying up buildings and renovating them and putting in plazas. Ms. Colonna stated the CRA has plans for the plaza to go in at S.W. 5th and West Atlantic Avenue and it is in the works. Ms. Coionna stated the construction of the street improvements from 6th to I-95 is underway now and this had to be delayed because the CR.A was waiting for Federal money because they had applied for grants years and years ago. Ms. Colonna stated in terms of the rest of West Atlantic Avenue much of it is going to occur on private property and noted that the CRA has purchased a lot of property on which they will be working with developers to do new projects. She stated the CRA has funding available and projects in line for S.W. 12th, S.W. 9th Avenue, and S.W. 14th. Ms. Colonna reiterated that the CR.A can count on a pretty reliable source of funding to handle the projects. The City Manager encouraged the Commission to review the plans for what is currently on construction on West Atlantic Avenue because it does include a lot of the same type of elements that we are looking at for the beautification on Federal Highway {southbound and northbound). Mr. Fetzer stated there have been some issues with staff s estimates on certain projects and he needs to know Mr. Krejcarek's level of confidence with haw the $11,000,000.00 was developed. Mr. Krejcarek stated since this project is going to be bid under Federal requirements staff went back to FDOT and asked for their current cost estimates. He stated that their current cast estimates are based an current conditions. Mr. Krejcarek stated back during the economic boom years the costs were constantly going up faster than what staff could estimate them going up and what staff has seen in the current condition is costs have come down. He stated contractors are very hungry and the City is receiving some very competitive bids for work. Mr. Krejcarek stated it does not necessarily mean that the costs will keep going down but costs do cycle. Staff estimated the $11,000,000.00 based on the wider sidewalks from Atlantic Avenue to 2"~ both north and south. The cast would have been a little less if the City only went from Atlantic Avenue to 1St because it is based on additional work in order to widen the sidewalks to make it safer for pedestrians to go up to the second block either north or south. Mr. Krejcarek stated he is comfortable with the cost estimate that staff came up with. Mayor McDuffie asked what the cost will be for the detailed plans that the C1ZA is paying for. In response, Mr. Krejcarek stated the $11,000,004.00 is construction cost and the design cast is approximately 10% of the construction costs. Mr. Krejcarek stated this year the CRA has money identified for design. He stated the CRA. does not have the total amount identified but staff has talked to the CR.A about identifying the balance of the design money required for next fiscal year. Mr. Eliopoulos stated reducing the speed and crashes is just one thing that will come out of this. He stated for him it has always been about the downtown 11 OS/19/09 development and Federal Highway is a key asset for downtown and being a success for future development and fiiture pedestrian and reducing traffic speeds. Mr. Eliopoulos stated it makes sense to slow down the cars and feels that Delray Beach stands out along Federal Highway. He stated we can amplify the slowing down traffic and encourage pedestrians to walk downtown in a safe manner therefore making this a "win-win" situation. Mr. Eliopoulos moved to approve US 1 Modification with the Florida Department of Transportation (FDOT), seconded by Mr. Frankel. 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. At this point, the tune being 7:30 p.m., the Commission moved to the duly advertised public hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 14-09: Consider a City initiated annexation {via Agreement for Water Service), small-scale Future Land Use Map (FLUM} Amendment from County MR-5 (Medium Density Residential 5 units per acre) to City LD (Low Density Residential 0-5 du/ac} and rezoning from County AR {Agricultural Residential) to City R-1-AAA (Single Family Residential) for 13415 Barwick Road. (Quasi-Judicial Hearing) The caption of Ordinance No. 14-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF BARWICK ROAD APPROXIMATELY 1,760 FEET NORTH OF LAKE IDA ROAD, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICL4L LAND USE DESIGNATION OF LD {LOW DENSITY RESIDENTIAL 0-5 DU/AC) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; 12 05/19/09 PROVIDING FOR THE ZONING THEREOF TO R-1- AAA (SINGLE FAMILY RESIDENTIAL); PROVIDING A GENERAL REPEALER CLAUSE, A ,SAVING CLAUSE, AND AN EFFECTIVE DATE. (The off ciai copy of Ordinance No. 14-09 is on file in the City Clerk's off ce.) 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 asked the Commission to disclose their ex parte communications. Mr. Frankel stated he had a telephone conversation with Mr. Edmond Etienne. Mr. Bernard stated he spoke Mr. Edmond Etienne and met with Kettly Etienne and also received emails from Mr. Etienne in regards to this item. Mayor McDuffie stated he received a telephone call from Mr. Edmond Etienne regarding the annexation and ramif cations as such to his project and potential growth associated with that. Mr. Eliopoulos stated he had no ex parte communications to disclose. Mr. Fetzer stated he spoke to Mr. Etienne as well and he expressed his desire to have a different zoning for this project. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2009-001 into the record. Mr. Dorling stated this is a voluntary annexation and Future Land Use Map amendment from County MR-5 {Medium Density Residential S units per acre) to City LD {Low Density Residential 0-S du/ac} and rezoning from County AR (Agricultural Residential) to City R-1-AAA (Single Family Residential) for 13415 Barwick Road. The property is a 0.88 acre parcel that contains a 4,185 square foot residential structure which has been converted to accommodate an assisted living facility with a current bed allowance of five beds for the facility. On December 7, 2007 they entered into an agreement for water service and part of that water service agreement is a voluntary annexation clause which was executed by the applicant and this is calling that property in, pursuant to that voluntary annexation identified in that water service agreement. At its meeting of February 26, 2009, the Planning and Zozung Board initiated the FLUM amendment and also considered this at their March 16, 2009 meeting. At that time, there was some testimony taken from the applicant and the Board continued it. Mr. Dorling stated it returned to the Planning and Zoning Board on Apri120, 2009 at which time a public hearing was held and they recommended approval unanimously. Staff has received a response from the County indicating that they have no issues with the annexation of this property. This property has been in the future annexation area since before 1985 and has from that point forward always had the land use designation and the zoning designations are being applied now. Staff recommends 13 05/19/09 approval at this time. Mr. Dorling stated there is an ability to expand the facility as they have it through a reasonable accommodation and this is something that staff would entertain but not to the degree that has been indicated at 14 or 15 units because this is incompatible with asingle-family neighborhood. Edmond Etienne, part ow~a.er of the business, stated he is not against the annexation but expressed concern over the viability of their business. He stated they are being annexed by the City under asingle-family unit operating as an Assisted Living Facility {ALF). Mr. Etienne stated LDR Section 43.3{1}(2) does not allow the operation of an ALF under that current zoning that they are allowing them. He expressed concern that they would have difficulty operating this business. Mr. Etienne stated they are not looking far 14 or 15 units and realize they are in a residential community and that they are providing a unique service to the community. He stated they are an assisted living facility providing assistance to the elderly people and provide the setting in a residential home. Mr. Etienne stated they need some clarity as to how the City will annex them if the ordinance does not allow the operation of an assisted living facility. Mr. Etienne stated he would like some assurances that they will be allowed to operate and grow. He stated they are currently under the Palm Beach County area and under special accommodations they would have been allowed to expand. Jason Mankoff 10 S.E. 15` Aveaue Delra Beach re resentin the Apulieant~, stated he is confirming that Kings and Queens is asingle-family structure in the R-1-AAA zoning district that happens to have a license to operate as an assisted living facility and that such an operation will continue to be permitted to the full extent of the law. Mr. Dorling stated it would be zoned R-1-AAA and is subject to five unrelated people that are allowed under the defmition of family and they would be annexed under that scenario. He stated they have requested a reasonable accommodation to expand that to 8 residents total and this cannot be considered until they are annexed. Mr. Dorling stated the applicant currently has a license for five unrelated persons and they actually have four residents that reside there. He stated they have the ability under the current County zoning to ask for a special exception which is a conditional use to expand that to up to 14 or I S individuals. Mr. Dorling stated they have not asked for it and the requirements that they would have to meet at the County would include a finding that they are appropriately located there with respect to compatibility. Mr. Mankoff stated he agrees with comments expressed by Mr. Dorling; however, far clarification he stated that there are f ve {5) residents there currently. The County allowed them to have six (~) under their zoning but their current license they have through the State is only for five (5). Mr. Mankoff stated they could go to the State and request an additional one for a total of six and this would not be a part of the conditional use special exception. He stated they would be allowed to get up to six in the County. 14 05/19/09 The City Attorney asked if this would be five (5) in this case. In response, Mr. Mankoff confirmed that right now they are coming in with five (5) and this is acceptable to the applicant. Mr. Bernard stated the new ordinances were heard by the Planning and Zoning Department last night regarding the definition of transient and family. The City Attorney stated there is a clause that gives someone a year to conform if you have cuzxent agreements and then thereafter you do have to conform. The City Attorney stated one could still ask for that reasonable accommodation even if the City changes the ordinances. She stated the applicant being granted a reasonable accommodation is something that would permit him to operate under that approval Far clarification, Mr. Mankoff stated they would not need a new reasonable accommodation. The City Attorney stated this is something that should be addressed in the ordinance. Mr. Bernard stated he is concerned that if the City changes the ordinance, then the applicant would be in violation. Mr. Bernard stated he reviewed the water agreement and if we knew that we wanted to change that to low density why was this not part of the agreement that was written. The City Attorney stated by operation of law when we annex something in if we do not assign a designation at the time, there are certain findings that can be made. The City Attorney stated if, far example, we annex property and did not affix a zoning to it, it would have the County zoning by operation of law until we off xed a different kind of zoning to it. Mr. Bernard stated he drives by this area numerous times at night and expressed concern over the amount of cars parked there. He stated in order for the City to do some reasonable accommodations, Mr. Etienne needs to do something about the cars and the parking. Mr. Mankoff stated he understands Mr. Bernard's concern about the parking and this is something they are looking at in terms of the reasonable accommodation. There was no cross-examination or rebuttal. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of Ordinance No. 1~4-09, to please come forward at this time. Alice First 707 Place Tava~.t Delra Beaclz stated the property is located near Bexley Park on Barwick Road (northeast, south, and west of this property) for approximately %z mile to 1 mile there is no signage. Mrs. First stated there is 4-6 cars parked in front of the garage that indicates to her that maybe the garage is becoming not usable for parking cars. She stated at the last meeting she requested that the signage be removed and the signage was removed and that gives us a head start on keeping the residential appearance of the community. Mrs. First requested that something be put in the ordinance to make sure that no signage indicating any kind of business is to be allowed here because this disrupts the flow of Barwick Road. She stated this is a large piece of property and requested that the cars be parked in the back. 15 O5/19/09 Mr. Mankoff stated he appreciates the concerns and issues but this is not the proper procedure for this. He stated they are looking for the annexation, rezoning, and land use designation. Mayor McDuffze asked when the City Attorney was talking about the transient and family ordinances if she meant making changes to Ordinance No. 14-09. The City Attorney stated when the transient ordinances and family ordinances come to the Commission they may want to make an exception for reasonable accommodations granted within a certain timeframe. There being na one else from the public who wished to address the Commission regarding Ordinance No. 14-09, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 14-09 on Second and FINAL reading, 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 5 to 0 vote. 10.B. ORDINANCE NO. 16-09 SECOND READINGISECOND PUBLIC HEARING: Consider an ordinance accepting the recommendations contained within the Old School Square Historic District Resurvey Report including extending the Period of Significance to 1965 and reclassifying 23 properties from non-contributing to contributing. (STAFF IS REQUESTING THAT THIS ITEMBE POSTPONED) The caption of Ordinance No. 16-49 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF OLD SCHOOL SQUARE HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1965 AND RECLASSIFYING 23 PROPERTIES FROM NON-CONTRIBUTING TO CONTRIBUTING, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The off cial copy of Ordinance No. 16-09 is on file in the City Clerk's office.} The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Prior to the vote, the City Manager stated the Commission asked far the consultant to be here and the consultant could not be here this evening and they are 16 05/19/09 available on June 2, 2009. Mr. Frankel moved to postpone Ordinance No. 16-09 to a date certain of June 2, 2009 at 7:00 p.m., 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. ~ O.C. ORDINANCE NO. 17-04 (SECOND READING/SECO_ND PUBLIC HEARING): Consider an ordinance accepting the recommendations ~ contained within the West Settlers Historic District Resurvey Report including extending the Period of Significance to 1970, and reclassifying 7 properties from non-contributing to contributing and amending the Land Development Regulations to amend the boundaries of the West Settlers Historic District to provide far the removal of the Atlantic Grove Development. The caption of Ordinance No. 17-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF WEST SETTLERS HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1970 AND RECLASSIFYING 7 PROPERTIES FROM NON-CONTRIBUTING TO CONTRIBUTING; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION (L), "DESIGNATION OF HISTORIC DISTRICTS", SUBSECTION (S), "WEST SETTLERS", TO PROVIDE FOR THE REMOVAL OF CERTAlN PROPERTIES WITHIN THE WEST SETTLERS HISTORIC DISTRICT AND AMENDING THE WEST SETTLERS HISTORIC DISTRICT BOUNDARIES, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-09 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, entered the Planning and Zoning Department f le into the record. 17 05/19/09 Mr. Dorling stated this is an ordinance which adopts the West Settlers Resurvey Report and includes the expansion of the Period of Significance to 1970 and reclassifies seven properties from non-contributing to contributing and amends the southern district boundary. He stated it is recommended that the district be amended to eliminate these properties so that you increase the percentage to non-contributing to contributing structures thereby strengthening the district. Mr. Darling stated when the survey was originally done in 1997 it had 43% of contributing strictures and 57% non- contributing structures. He stated while there is no iron threshold it is usually requested that you have a majority of contributing strictures in a district before you create it. Mr. Dorling stated without this revision and the addition of the Atlantic Grove pieces that contributing to non-contributing percentage drops to 26% contributing and 74% non- contributing. He stated the report comes out and states that we ought to take those properties out and strengthen that percentage and if we do take those properties out the revised numbers would be 58% contributing to 42%non-contributing therefore exceeding that threshold of majority properties. These recommendations are contained in the survey that was recently completed and that survey also recommended a couple of things that are not included here including the recommendation to individually list the La France Hotel and the Spady House. He stated those options are being explored at the Commission's direction previously and will come before the Commission as a separate ordinance. Also, one of those recommendations included putting a marker along the fence on the north side of 4th and that option is also being explored along with a State grant to cover the costs. At its meeting of April 13, 2049, the Downtown Development Authority (DDA) reviewed Ordinance No. 17-09 and recommended approval; at its meeting of April 15, 2009, the Historic Preservation Board reviewed Ordinance No. 17-09 and recommended approval; at its meeting of April 16, 2009, the Community Redevelopment Agency {CRA) reviewed Ordinance No. 17-09 and recommended approval; at its meeting of April 20, 2009, the Planning and Zoning Board reviewed Ordinance No. 17- 09 and recommended approval with a vote of 6 to 0. Mr. Dorling stated WARC (West Atlantic Redevelopment Coalition) also considered it and recommended approval subject to anyone who wanted to get out of the district or not be designated contributing that they have the option to do so. He stated there is some opposition to amending the boundaries and that is really to accomplish a threshold of contributing to non-contributing structures which staff feels is more appropriate. Mr. Dorling stated if there is some opposition the ordinance requires a super majority for approval in that situation. Mayor McDuffie declared the public hearing open. Vera Farrin ton 310 N.W. 2°~ Avenue Delra Beach re resentin EPOCH andzr- and Preservin Our Cultural Herita a stated on behalf of the Board members of EPOCH she requested that the Commission deny the nomination to remove the Atlantic Grove Development from the West Settlers Historic District. Ms. Farrington stated when the district was designated it followed all the procedures and met all of the requirements for a historic district. 18 0511.9/09 She stated shortly after the designation two prominent structures that played significant roles in the designation process were removed. One was moved to another site in the district and the other was demolished which made room for the Atlantic Grove Development. Ms. Farrington stated now the City is considering chipping away at the district a little bit more and feels this is disrespectful to the citizens who lived in that area and contributed greatly to the development of Delray Beach. Ms. Farrington urged the Commission to not change the boundaries of the West Settlers Historic District. Bryce Newell, 103 N.W. 3rd Avenue, Delray Beach, stated his is one of the seven homes that are up for reclassifica tion and he supports it being historical. J~oeSnider, 1010 N.E. $~h Avenues„Delray Beach, stated he is disturbed that Delray seems to have this philosophy of knocking down historic things and putting up non-historic things and then saying that they no longer fit in the district anymore so let's change the district. Mr. Snider stated this is a scary precedent because if you do that enough suddenly you do not have a historic district. Pastor Howard Bar 4b S.W. IOtb Avenue Delra Beach St. Paul's Missionar Ba fist Church stated he supports EPOCH's statement about this district and noted that his family owned property in this district for years and his parents were born in this district. He stated he would like to see this district to continue to be called the West Settlers District with no changes so that they will have something to share with their generations to come. There being no one else from the public who wished to address the Commission regarding Ordinance No. 17-09, the public hearing was closed. Mr. Dorling assured everyone that the modification of this district is in no way construed to show disrespect. He stated it is to strengthen the balance of the district and remove inappropriate development. Mr. Dorling read a brief statement into the record from the West Settlers Historic Resurvey Report. He stated the expanding of these districts are considered and in this case there was some discussion about properties surrounding this district for future inclusion in the district but at this time they did not meet that criteria but in future surveys they maybe an expansion of this district. Mayor McDuff e asked Mr. Dorling to explain what is contained in the area that staff is noting to be removed. Mr. Dorling stated the shaded area is the Atlantic Grove Townhouses that were built approximately 4-5 years ago and the mixed-use structures are along Atlantic Avenue and outside the district and there is a rear parking lot which services the commercial mixed-use along Atlantic Avenue. Mr. Bernard asked when the Atlantic Grove Townhouses were being built did they go to the Historic Preservation Board to make sure that they would pit in the West Settlers Historic District. Mr. Dorling stated they received review from the Historic Preservation Board (HPB} who looks at its impact on the balance of the district to make sure it is appropriate. Mr. Bernard asked what the reviews were. 19 05/19/09 Mr. Dorling stated there are required findings through the Land Development Regulations which talk about maintaining and assuring that they are compatible with the district as a whole, as well as, immediately adjacent structures. Mr. Bernard asked when the plans were approved were they going to fit in that West Settlers Historic District. Mr. Dorling stated the plans were found to be consistent and compatible. Mr. Dorling stated the plans may still be compatible but they are inappropriate to be in the district. Mr. Bernard asked if the consultant has met with those people who are affected by these reclassifications. Mr. Dorling stated he has met with Ms. Farrington and other people in the district for historic education. He stated when you are doing an inventory of the structures the consultant does not meet individually with those owners. Mr. Dorling stated regardless of the ownership the structures are either appropriate to be contributing or not. Mr. Bernard stated he cannot support reclassifying these properties because he thinks the City should make sure that it should fit within the district before it is built and not reclassify it after. After brief discussion, it was the consensus of the Commission to postpone Ordinance No. 17-09 to a date certain of June 2, 2009 at 7:00 p.m. so that they can hear from the consultant. Mr. Eliopoulos waved to postpone Ordinance No. 17-09 to a date certain of June 2, 2009 at 7:00 p.m., seconded by Mr. Bernard. Upon tall 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. 10.D. RESOLUTION NO. 2]-Q9: Consider approval of Resolution No. 21-09 authorizing the City to sell property that the City acquired from Palm Beach County for unpaid taxes located at 46 NW 12th Avenue, Delray Beach, Florida, to Ginette Louis for affordable housing purposes. The caption of Resolution No. 21-09 is as follows: office.} A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO 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 offzcial copy of Resolution No. 21-09 is on file in the City Clerk's The City Attorney announced that Resolution No. 21-09 has been postponed to a date certain of June 2, 2009 at 7:00 p.m. 20 05/19/09 10.E. ORDINANCE NO. 23-09: Consider aCity-initiated amendment to the Land Development Regulations {LDR), amending Article 2.2, "Establishment of Boards Having Responsibilities for Land Development Regulations", Sections 2.2.x, "The Historic Preservation Board", 2.4.3, "Submission Requirements", 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications" 2.4.5, "Procedures for Obtaining Development Approvals"; to provide master development plan approval authority to the Historic Preservation Board, with associated fees and processes. office.) The caption of Ordinance No. 23-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 2.2, "ESTABLISHMENT OF BOARDS HAVING RESPONSIBILTIES FOR LAND DEVELOPMENT REGULATIONS", SECTIONS 2.2,6, "THE HISTORIC PRESERVATION BOARD", 2.4.3, "SUBMISSION REQUIREMENTS", 2.4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS" 2.4.5, "PROCEDURES FOR OBTAINING DEVELOPMENT APPROVALS"; TO PROVIDE MASTER DEVELOPMENT PLAN APPROVAL AUTHORITY TO THE HISTORIC PRESERVATION BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 23-09 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 provides the authority to the Historic Preservation Board (HPB) to review and approve Master Development Plans for projects located within historic districts or on individually historically designated properties. Currently the Land Development Regulations reference the Planning and Zoning Board as being the approving body for master plans and at this point staff feels the HPB is the more appropriate entity to consider that. The ordinance also identifies not only authority for master plan approval it provides for fees for initial master plan and any subsequent modifications and also includes a duration 21 05/19/09 period for which the approval would he valid. At its meeting of April 20, 2009, the Planning and Zoning Board recommended approval with a 5 to 0 vote and it was before the City Commission on May 5, 2009 and the Commission moved approval on first reading. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 23-09, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 23-09 on Second and FINAL Reading, seconded by Mr. Bernard. 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. 10.F. ORDINANCE NO. 24-09: Consider aCity-initiated amendment to the Land Development Regulations {LDR}, amending Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications", Subsection 2.4.4(F)(4), "Litigation Preventing Construction", to provide consistency with approval durations throughout the LDR. The caption of Ordinance No. 24-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 2.4, "GENERAL PROCEDURES", SECTION 2.4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS", SUBSECTION 2.4.4(F)(4), "LITIGATION PREVENTING CONSTRUCTION", IN ORDER TO EXTEND THE TIME FRAME; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 24-09 is on f 1e in the City Clerk's office.) The City Attarney 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 a correction to maintain consistency as it relates to the 24 month period that is identified in the Land Development Regulations. Mr. Dorling stated this approval period as it relates to 22 05/19/09 litigation was not changed from the 18 months to the 24 months and this corrects that missed section. At its meeting of April 20, 2004, the Planning and Zoning Board recommended approval with a vote of 5 to 0. The City Commission considered this at their May 5, 2009 meeting for first reading and recommended approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 24-09, the public hearing was closed. Mr. Bernard moved to adopt Ordinance No. 24-09 on Second and FINAL Reading, seconded by Mr. Frankel. 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. I.O.G. ORDINANCE NO. 25-09: Consider aCity-initiated amendment to the Land Development Regulations (LDR) Section 4.4.3, "Single Family Residential (R-1} District", Subsections 4.4.3(F) and 4.4.3(G) to provide development standards and supplemental regulations to encourage the redevelopment of the Carver Square Brownf eld Area. The caption of Ordinance No. 25-09 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, BY AMENDING SECTION 4.3.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICT", SUBSECTIONS 4.4.3(F), "DEVELOPMENT STANDARDS", ,AND 4.4.3(G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE DEVELOPMENT STANDARDS AND SUPPLEMENTAL REGULATIONS TO ENCOURAGE THE REDEVELOPMENT OF THE CARVER SQUARE BROWNFIELD AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 25-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this ordinance 23 05/19/09 affects what is known as the Carver Square Brownfield Area lots 11-30 north of S.W. 3rd Street. Mr. Dorling stated this is a uniquely subdivided parcel and lots that are a little different from the subdivisions around it. He stated this was an area that had a neighborhood and used to be a garbage dump and had homes built on it. The Community Redevelopment Agency (CRA) acquired those properties and went through processes with the Florida Department of Environmental Protection (FDEP) and the US Environmental Protection Agency had it designated as a Brownfield Area and received some money through the South Florida Planning Council to mitigate the properties. Mr. Dorling stated they are now ready to get final signoff on the mitigation processes and given the unique dimensions of these properties would look for same additional incentives for redevelopment. The amendment proposes to reduce front setbacks from 25 feet to 20 feet and the side street setbacks will be reduced from 15 feet to 10 feet. Mr. Dorling stated by reducing the front and side street setbacks, the proposed amendment will provide more design flexibility; larger rear yards, and promotes a unique streetscape. Tn addition, the amendment will allow front porches to encroach 5 feet into the front setback and will require that all irrigation be connected to the City water system. At its meeting April 20, 2009, the Planning and Zoning Board recommended approval with a 4 to 0 vote. The City Commission considered this at their May 5, 2009 meeting for first reading anal recommended approval. Mayor McDuffie declared the public hearing open. Alice Fins 707 Place Tavant Delra Beaclt stated the philosophy was that there would be alleys, rear entrances, and parking in the rear. Mrs. Finst stated this makes sense if you are putting porches in the front yard but the way this is set up now you will have a front porch with parking in front of the front porch. She does not feel that this fits and feels this should be reviewed. Mrs. Finst stated putting an alley there is doable the way the lots are platted. She stated that would get the street clear so that you would have the street view directly to the porch and parking would be in the rear. Mrs. Finst suggested that the alley be put back in, that the parking be in the rear and emphasize the front porch and the street. There being no one else from the public who wished to address the Commission regarding Ordinance No. 25-09, the public hearing was closed. Mayor McDuffie asked if the area labeled S.W. 2nd Terrace still exists. Mr. Dorling stated this still exists and is still a street. He stated what Mrs. Finst is indicating is that they should have alleys down the center. Mr. Darling stated those lots are reduced in depth already and to add alleys to the rear exacerbates that problem. Mayor McDuffie inquired about the size of an alleyway. Mr. Dorling stated an alleyway is 16 feet. Mr. Eliopoulos inquired about the alleys and asked if this was based on the lot sizes and what factors were used. Mr. Dorling stated with regard to the alleys the main factor was there were reduced depths already and to take some additional property 24 05/19/09 from the rear and then to accommodate parking from that alley there is a greater setback than 10 feet and it really reduces the buildable area on those lots. Mr. Eliopoulos moved to adopt Ordinance No. 25-09 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. Franlcel - Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. IO.H. ORDINANCE NO, 26-49: Consider an ordinance amending Chapter 71, "Parking Regulations", to allow the City to add certain costs of collection fees to any unpaid balance owed the City. The caption of Ordinance No. 2b-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 71, "PARKING REGULATIONS", SECTION 71999, "PENALTY", SUBPARAGRAPH (B}, "CNIL PENALTY" TO ALLOW THE CITY TO ADD CERTAIN COSTS OF COLLECTION FEES FROM A REGISTERED COLLECTION AGENCY TO ANY UNPAID BALANCE OWED THE CITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 26-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Cathy Kozol, Assistant City Attorney, stated this ordinance amends the parking regulations where when the City is collecting parking fees for parking tickets that any fees that remain unpaid for ninety (90) days or more shall be referred to a registered collection agency according to Florida Statute and any unpaid collection fees as opposed to the City paying the collection fees would now be transferred to the violator. Mr. Frankel stated in the proposal it states "the collection of said fines in an amount not to exceed forty percent (40%} of the amount owed" which appears to be $50.00. He asked what the current collection fee is. Ms. Kozol stated is eighteen percent (18%) which is $9.00 and what would happen is from a $50.00 fee if the collection agency got the money the City would receive $42.00 and the collection agency would receive $9.00. 25 05/19/09 She stated the collection agency would give the City the $50.00 fine and then the violator would pay the additional $9.00 sa it would be $59.00 as opposed to $50.00. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 26-09, the public hearing was closed. Mr. Bernard moved to adopt Ordinance No. 26-09 on Second and FINAL 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 McDuff e -Yes. Said motion passed with a 5 to 0 vote. At this point, the tune being 8:32 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. Ci Mana er's res onse to rior ublic comments and in uiries. inquiries. The City Manager had na response to prior public comments and 11. From the Public. 11.B.1. Debbie Sullivan 1002 Lakeshore Drive Delra Beach re resentin herself and Kevin Rouse owner of Kevro's Art Bar stated in December 2007 the vacant lots known as Atlantic Shores on S.E. 2n Avenue were granted a conditional use request and an 18 month extension with agreed conditions by both the City Commission and the developer. Those conditions that were agreed to were to weed and seed the lot and replace the temporary construction fences that are covered in opaque screening with black vinyl coated fences. Ms. Sullivan stated while the conditions were agreed to they were adopted without a timeframe with which to comply. She stated in anticipation of another fourth coming extension in the next month or so, she urged the Commission to have the applicant implement the conditions that were agreed to in December 2007. Ms. Sullivan stated she believes that cleaning up and improving a blighted downtown neighborhood is good for everyone. She stated the opaque wrapped temporary construction fences that exist there now, and have for some time along the vacant lots, block their art bar from view. Ms. Sullivan suggested that they move their fence back to allow for visual safety, street parking, and sidewalks. She stated then they could access their north facing walls on both of their buildings and create art murals until they do build, The City Manager stated the City will see if they can do something about enforcing the conditions but the Legislature and Senate Bill 360 extended all development approvals for two (2) more years without interaction on the City's part. Therefore, the City Manager stated the City has last its leverage. 26 05/19/09 11.B.2. Marv Lou Ciambr~ello, 721 Lindell Boulevard,,,,Delray Beach, thanked the Commission for fmishing the street calming on Lindell Boulevard and stated it did improve the quality of life. Ms. Ciambriello stated there are some other things she has in mind for her community that she will be working on. 11.B.3. John Bennett, 137 Seabreeze Avenue,,.,DeIray Beach, invited the Commission to attend the Memorial Day Commemorations at 9:30 a.m. at the Delray Beach Municipal Cemetery and 11:00 a.m. at Veteran's Park. Mr. Bennett read into the record the names of Delray's Fallen soldiers: Marvin W. Milton, Loney Myers, Harry Fish, Harry Oller, George H. Reiley, Howell Jones, Ben F. McIntosh, Bradley O'Neal, Benjamin F. Jetton, Shelton Lamb, Jr., Logan McNeal, Alfred F. Priest, Charles L. Vreeland, John Jupinko, Arthur R. Sprott, Jr. Mr. Bennett stated these men were all from Delray Beach and all perished during this calling and should not be forgotten. 12. FIRST READINGS: A. None At this point, the time being 8:38 p.m., the Commission moved to back to Item 9.D. of the Regular Agenda. 9.D. GREEN TASK FORCE FINAL REPORT: Review staff recommendations concerning the Green Task Force Report and provide direction regarding implementation. The City Manager stated he had given the Commission staff's response to the Green Task Force Report and there are a number of items that staff will need further dirrection on from the Commission on policy issues. Also, he stated the Commission should have received axi email from members of the Green Task Force and noted that they have some goad suggestions that staff may not have been aware of that when they were preparing their initial response. The City Manager asked that the Commission go through those things in the report where we are either suggesting that staff recommendation will not go forward or we were suggesting alternatives and to give comments on those ifthat is acceptable to the Commission. Mr. Fetzer stated he received an email that the group that had gotten together and commented on approximately 14 items and asked for some method of following up on this implementation. He stated Joseph Snider indicated to him that there seemed to be some miscommunication with staff on some of these items and suggested that there be more dialogue on some of these. Mr. Fetzer stated one point that he made was that the Commission formally adopt a permanent Green Advisory Board to help some of the communication issues. Mr. Eliopoulos stated the Commission needs to figure out what their role would be and the City needs to reconvene either the Task Force or new members to look at some of the policies that have come up whether it be Planning and Zoning for future 27 05/19/09 development or doing some kind of incentive for future development. Mayor McDuffie asked if this was an Advisory Board and not a Green Team within the City. Mr. Fetzer stated they suggested a Green Advisory Board and when the Commission set up the Green Task Force it was set up initially for six months and then it was extended for another six months. Mr. Fetzer stated he would like to see something mare permanent. Mr. Bernard concurred with Commissioner Fetzer that he too would like to see this be a permanent board or task force. Mr. Frankel stated 90% implementation is a great first step. However, he concurs with Commissioner Fetzer that he would like to see this be a permanent board, task force or advisory board and leave it up to the individuals who want to participate to title it whatever they want. Mr. Frankel stated what they have done is amazing and thinks it goes towards the future and maintains the village-by-the-sea. He stated there is a level of disrespect that some of the members felt in some of their emails and feels it should be clear that everything that they did and all the work that was performed is appreciated by the Commission, staff, and all the residents of Delray Beach. Mayor McDuffie stated he made a comment at the Green Drinks gathering at the Sundy House that he would like to see this woven into the fabric of the City of Delray Beach. He stated if this committee is willing to facilitate that then he is all for it. Mayor McDuffie stated in order to get everything from that report implemented into the LDRs to the point where we are able to incentivize builders to build green buildings in Delray Beach and things such as that we are going to have to do some amendments. He stated three of the Commissioners got to break ground last week on what will be the first lead silver certified building in Delray Beach. Mayor McDuffie stated the Education Board worked hard to get Plumosa School of the Arts built in Delray Beach and it will be built on the former Atlantic High School property on the south end. Mayor McDuffie stated he supports the committee or anything else it would take to facilitate and assist us and the department heads with getting this underway and keeping it underway. Mr. Eliopoulos stated he looks at the LDRs and the Green Task Force helping the City develop them so that developers have plenty of incentives to do these things; however, he does not want to force anyone to do these things. He concurs that the School Board is doing a great job. Mr. Eliopoulos stated it is the City's obligation to give several options and encourage this and feels this needs to be incorporated into the LDRs. Mayor McDuffie stated he supports incentives because the City has done height and density that way and can do this as well. The City Manager stated it appears that the direction of the Commission is to create a permanent board and bring back to the Commission at the next meeting an ordinance or resolution establishing a permanent board. Staff could work with that board on an ongoing basis on the implementation of those things where we may have some 28 05/19/09 questions as well as communicating to them on our ongoing progress for a lot of issues that we want to do and are working on, on an ongoing basis. The City Manager stated regarding the Sustainability Officer there are provisions in the Energy Efficient and Conservation Block Grant for creating a position and if it could be funded that way then the City would go ahead and create that position to be the lead person on City staff. Mr. Eliopoulos stated Randal Krejcarek, City Engineer, is a good example of someone that is a credited professional and suggested looking at City staff who might want to get that accreditation as opposed to hiring people. The City Manager stated it is his understanding from the Report that the Green Team would be a staff team and Mr. Krejcarek would be a logical person to lead that or be a major player of that group and that would be the group that would in turn work with the Advisory Board. The City Manager stated generally he is reluctant to create advisory boards because they consume a Iot of staff time. However, this particular Board has done a tremendous amount of work themselves and has made a great contribution and has really required minimal staff support. The City Manager stated staff will bring something back to the Commission on June 2, 2009 that they can either adopt or adopt on first reading and go from there. The City Manager stated he can provide the Commission more information in written form versus taking up their time this evening. 9.E. RED LIGHT CAMERA VENDOR SELECTION: Consider the selection of American Traffic Solutions {ATS} for the Red Light Camera Project (RFP 2009-27} and provide direction to staff to negotiate a contract with ATS. Sharon L'Herrou, Administrative Officer, stated last month the Police Department brought before the Commission the draft of the Request for Proposal (RFP} so the comments of the Commission were incozporated into that and it was released. Ms. L'Herrou stated only three (3) vendors responded to the RFP: {1} ATS, {2) Gatso, and (3) RedFlex. She stated at that paint a selection committee was created to review the proposals and reference checks were conducted. The selection committee was convened on May 8, 2009 to discuss the proposals and at that time the vendors had the option to give a short presentation to give staff an overview for that whole committee on their project ideas. Ms. L'Herrou stated at that time one of the vendors, RedFlex, withdrew from the process so while staff was at the meeting there were only two bidders left on that project. She stated once the presentations were completed, the comrittee reviewed the proposals and some points that were of special interest to the committee members were the references. Ms. L'Herrou stated of the three references contacted for Gatso the f rst one gave them a glowing recommendation but the other two said that they did not actually Have a contract with Gatso at all and they in fact said that they had a contract with Amercian Computer System {ACS) and ACS partnered with Gatso sa those two references were not able to provide confirmation of Gatso's ability to provide aturn-key system. Ms. L'Herrou stated the other thing about those two references was that they actually gave very good feedback about ATS. She stated they said one of the cities (Washington, D.C.) had been with ACS and Gatso previously and the year prior. So, last year when that contract expired they rebid last year and they actually went with ATS and she was able at that point to get a reference on their past year's worth of experience with 29 05/19/09 ATS. Ms. L'Herrou stated they said wonderful things about this company. She stated the other city that had given Gatso as a reference said that ATS was actually their first choice but it had been overturned by the City Commission and they went with ACS and Gatso. Ms. L'Herrou stated the second item that was of Hate during the committee's discussions with the two remaining vendors was that of Florida experience and everybody agreed that Florida experience was going to be important and ATS was the only vendor who had that. She stated ATS work with over 30 Florida cities so they are the only vendor that bid that had any Florida experience at all. The only concern that this committee had about ATS was with reference to Port Richie and the project implementation there and the committee received feedback that there had been a concern in Part Ri.chie. She stated staff contacted the Chief of Police there and they were told that they have a confidentiality clause and they were not able to share a lot of information. Ms. L'Herrou stated this did raise a concern; however, the committee felt that alI of the other references that were contacted in every other case provided such glowing recommendations for ATS and outweighed that. She stated the committee felt that ATS demonstrated an excellent product. Ms. L'Herrou stated of the three ATS references contacted one was unavailable and two gave them glowing references and the committee actually received another reference from their competitor's reference. She stated another incentive to going with this company is that they have already been awarded the Palm Beach County contract and they are working with the surrounding municipalities. Ms. L'Herrou stated this will make coordination easier in the areas where the cameras may border at the intersection between the city and the county line. The selection committee consisted of five people that represented three different departments. The selection committee recommends that the Commission select ATS as the City's red light enforcement vendor and to authorize staff to negotiate final contract details such as finalizing which rate structure is going to be the most beneficial anal they recommend that this be done after the survey data is collected when they have a sense of how many citations they have and they can better evaluate their different rate structure options. Mx. Eliopoulos asked ATS actually has cities within the State of Florida. Ms. L'Herrou stated ATS has more than 30 cities and has the most experience in the whole region. Mr. Eliopoulos stated one of the things he would like to see is proper signage alerting the public that we have this in our community. He stated what he is reading and hearing regarding the accidents that occur are actually rear-end accidents and the collisions are less drastic as opposed to the head-on collisions with people running red lights, etc. Mr. Eliopoulos reiterated that he would like to see that proper signage is posted to make people aware that we have this in the community and he does not want this to be a revenue source. Ms. L'Herrou stated signage is something that was discussed at the selection committee meeting and staff will need to specify that in the contract which is why they are asking for authorization to allow staff to do some of those fznal negotiations. She stated with regard to the crashes and for some of the cities that had data same of them had data from the Police Department and some of them had data from the traffic engineers and in every single case the data supported a reduction city-wide where the cameras were installed. 30 OS/I9/09 Ms. L'Herrou stated there is an article on the highway safety website and there is some talk about the rear-end collisions but nothing that she read indicates that this is a significant problem and the reduction in accidents is dramatic. Mr. Eliopoulos asked if we know anything else about the State Legislature dipping into some of those tickets. Ms. L'Herrou stated this did not pass and that is the reason that the vendor that withdrew said was their reason for withdrawing. Mr. Bernard stated since the legislation did not pass and if the Commission signs a contract with ATS what would happen to us. The City Attorney stated the City of Delray Beach just won a case on a pyramid of contract and we would want to in this agreement as well address those kinds of things indemnification wise and ways to get out of the contract if need be. The City Attorney suggested that if the Commission decides to approve this it would be approved subject to an agreement that was acceptable to the Commission. Ms. L'Herrou stated it is already in the RFP to have an "out" clause and that the City can terminate the contract within 90 days and the City has a lot of options depending on what future legislation might do. Mr. Frankel stated Gatsa's representatives were unable to attend due to flight delays. Ms. L'Herrou stated the City received an email from them around 7:30 a.rn. and they stated that there had been weather problems and they were unable to make it to the meeting and that their flights had been cancelled. They urged the Committee to not consider that representative of their comrr~itment and in addition, Ms. L'Herrou stated this was not a required meeting. Ms. L'Herrou stated Gatso was therefore not able to make a presentation. Mr. Frankel asked if Gatso made any effort to appear by telephone or made any effort to participate. Ms. L'Herrou stated Gatso did not make any effort to participate. Mr. Frankel stated Mr. Krejcarek gave American Traffic Solutions (ATS) a zero to their approach. Mr. Krejcarek stated he gave those ratings because of the lack of detail that he was looking for as to exactly how they were going to approach it. Mr. Eliopoulos stated when you go through an intersection and the light is yellow in most States the car is out of the intersection when the light turns red. He asked how the City will be handling these and deciding on it at what point is it a red light. Ms. L'Herrou stated with this project we have complete control to dictate the perimeters and her understanding is we can say we want the camera to catch it immediately upon going from yellow to red. She stated a lot of the cities give a courtesy of a few seconds so that people do not feel that they have to stop suddenly. The City Manger stated regarding the ones that he has looked at, they have said that it has to be red before you cross the stop bar in order for there to be a violation. Mayor McDuffie stated the signage around the entry points to the City is a good idea and someone -also mentioned extending the yellow phase was possibly something that would help to cut down on the accidents and the violations. 31 05/19/09 Pete Cucca_ro, Senior Business Development Maua~er with American Traffic Solutions (ATS), stated yellow lights are not something that any vendor can control and is something that would have to been done through the city and the county. Mayor McDuff e asked if there are any statistics on whether or not increasing the term or the duration of the yellow has any affect on reducing the accidents. Mr. Cuccaro stated they do not have any statistics. Mr. Eliopoulos moved to approve the selection of American Traffic Solutions (ARS) for the Red Light Camera project subject to an appropriate agreement that will be brought to the Commission for approval, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard - Yes; Mayor McDuffie -Yes; Mr. Eliapoulos -Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENT OF THE CITY ATTORNEY: Consider appointment of the City Attorney and terms of employment. For the record, Mr. Frankel stated he is not doubting Mr. Shutt's qualifications or service; however, he is hesitant promoting Mr. Shutt just because there has been no job postings or seeking; and everyone in the City and County is about open and transparent government. Mr. Fetzer stated he believes the City is in a very unique position to have a very capable and competent Assistant City Attorney who has been with the City for 15 years. Mr. Eliopoulos stated he feels Mr. Shutt is very qualified and supports promoting within. Mr. Eliopoulos asked what other positions in the City were promoted within aside from Mrs. Ruby. The City Manager stated Richard Hasko, Paul Dorling, Tony Strianese, Chevelle Nubin, Lula Butler, and George Diaz. Mr. Bernard stated he is going back and forth as to whether or not the City should promote within and expressed concern that the City Attorney's office is properly staffed to handle the workload. He stated if Mr. Shutt is appointed what are the plans for hiring another attorney. The City Attorney stated the staffing and funding will be brought to the Commission at budget time. She stated what she has heard some of the Commission say in the past and present is try to develop a succession plan. The City Attorney stated when you have someone of that quality that is a goad succession plan, and comports with the direction that the Commission has given over the last few years to come up with the succession. Mayor McDuffie stated prior to his public sector stint he did 21 years with a Large computer manufacturer and he did a lot of recruiting and promoting within that organization. 32 05/19/09 He stated one of the things that made it a great place to work was that when you came in, the orientation included the corporate organizational chart all the way up to the CEO and that organization did not recruit executives externally at all. Mayor McDuffie stated everyone up the corporate ladder in that organization worked their way up through the ladder and there was a career path and career plan for the people who were the achievers to reward them for their achievements. Mayor McDuffie stated it created an incredible sense of loyalty to that company. He stated unfortunately every computer manufacturer downsized and his organization also did so and his career ended but he still has the fondest memories of his climb through that organization. Mayor McDuff e stated he does not want to dead-end our employees here but instead he would like to give them a career path and say "if you are a performer then we have something to reward you with." He stated he does not feel one ounce of concern about recruiting Mr. Shutt and reiterated if you have done the job and the job above you opens up that you should be rewarded. Mayor McDuffie supports Mr. Shutt as the City's new City Attorney. Mr. Frankel moved to promote Assistant City Attorney Brian Shutt to the City Attorney position upon Mrs. Ruby vacating the position, seconded by Mr. Bernard. Upon roll call the Cormission 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. Mr. Fetzer stated in addition io the appointment the Commission also has to discuss terms of employment and salary. He stated the salary survey that was provided to the Commission is not very detailed or expansive and asked if there is something that would give the Commission a broader cross-section and give a more objective look at salary ranges. The City Attorney stated there is a League of Cities statewide survey that is voluntary as to whether people put in the information or not and often they do not. However, the City Attorney stated staff can provide this information to the Commission at their meeting of June 2, 2009. 9.G. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority for an unexpired term ending July 14, 2010. Based upon the rotation system, the recommendation for appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to appoint Choli Aronson as a regular member to the Delray Beach Housing Authority for an unexpired term ending July 14, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuff e -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to the Police Advisory Board to serve an unexpired term ending July 31, 2010. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). 33 05/19/09 Mr. Fetzer moved to appoint Catherine DeMatto as a regular member to the Police Advisory Board to serve an unexpired term ending July 31, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuff e - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 9_I. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE: Appoint four (4) regular members to the Affordable Housing Advisory Committee to serve two (2} year terms ending July 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3), Commissioner Bernard (Seat #4) and Mayor McDuffie (Seat #5). Mr. Fetzer moved to reappoint Dorothy Ellington as a regular member to the Affordable Housing Advisory Committee to serve a two (2) year term ending July 31, 2011, seconded by Mr. Eliopoulos. 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. Mr. Frankel moved to appoint Alan Weitz as a regular member to the Affordable Housing Committee to serve a two {2} year term ending July 31, 2011, 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 S to 0 vote. Mr. Bernard moved to reappoint Connie Staundinger as a regular member to the Affordable Housing Committee to serve a two (2) year term ending July 31, 2011, seconded by Mr. Frankel. Upon roll tail 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. Mayor McDuffie stated he wished to reappoint Perry Rohan as a regular member to the Affordable Housing Committee to serve a two (2) year term ending July 31; 2011. Mr. Bernard so moved, seconded by Mr. Eliopoulos. 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. At this point, the Commission moved to Item 13, Commenfs and Inquiries on Non-Agenda Items from the Commission. 13. COMMENTS AND IN UIRIES ON NON-AGENDA ITEMS. 34 05/19/09 13.A. City Manager The City Manager stated he is working with the Community Redevelopment Agency (CRA) about scheduling a Workshop Meeting next week (Tuesday, May 26, 2009} and if this does not work out, the meeting will be held the 4~ Tuesday in June. Secondly, he stated the Transforming Local Government Conference was excellent. The City Manager stated he picked up a publication that is put out by the University of North Carolina on benchmarking and best practices im permitting, building construction, and land use. Lastly, the City Manager commented about a fascinating system that has been developed. He stated there are people working with Pahn Bay and it is just coming on the market the end of March for developing a local DNA indexing system; and they have had some good success in solving property crimes by collecting touch DNA. He stated if you touch a rough surface that leaves skin particles, they can actually pick that up and get the DNA from it. The City Manager stated they have been able to get some convictions in cases where there was no other physical evidence. He stated the City is going to look into this and noted the cost is about $100.00 a piece to do the samples and it is a private lab that gets the samples back in two weeks. 13.5. City Attorney The City Attorney stated she and Dorothy Ellington are facilitating a Study Circle in this new round. Secondly, the City Attorney congratulated Brian Shutt for his promotion to City Attorney. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer congratulated Brian Shutt on his appointment for the City Attorney position. Secondly, Mr. Fetzer stated the Goal Setting Summit will be held Thursday, May 21, 2009 at Ellie's 50's Diner. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated the transient lodging ordinance is coming before the Commission on June 2, 2009 for a first reading/first public hearing and a second reading second public hearing an June 16, 2009. 35 05/19/09 He stated he will be out of town and suggested that the second readinglsecond public hearing be moved to July 7, 2009 because he would like to be present for the second reading of these ordinances. It was the consensus of the Commission to hold the second reading on July 7, 2009 instead of June 1~, 2009 so that Commissioner Eliopoulos can be present. Lastly, Mr. Eliopoulos congratulated Brian Shutt for his appointment to the City Attorney position. 13.C.3. Mr. Frankel Mr. Frankel congratulated Brian Shutt for his appointment to the City Attorney position. Secondly, Mr. Frankel stated he was privileged to have been invited to the American Jewish Congress Lunch on Friday which honored Maria Sachs and Ted Deutch. He stated not only did County Commissioners attend but State Senator Dave Aronberg, State House Representative Kelly Skidmore, and other State House Representatives attended as well. Mr. Frankel stated Maria Sachs has been working very hard for Delray Beach. 13.C.4. Mr. Bernard Mr. Bernard stated he had the opportunity to attend Career Day at Orchard View Elementary School and it was fun and exciting. He stated it was magical to see how interested the children were in the people who came to see them. Secondly, Mr. Bernard stated the Atlantic High School Graduation was on Saturday, May 16, 2009 and commented that it was so good to see so many kids, IB students, and honor students graduate. In addition, Mr. Bernard stated his sister graduated as well. Mr. Bernard stated he would like to get a block by block update from Mr. Krejcarek, the CRA, and the City in regards to what the plans are from I-95 to Swinton Avenue for the next five years. 13.C.5. Ma or McDuffie Mayor McDuffie stated he attended S.D. Spady's Annual PTA Fundraiser this past week. He stated it was a spaghetti dinner and displays of kids' art projects for sale. Mayor McDuffie stated it was a great afternoon and the school parents support the school very well. He stated they raised $13,000.00 and was an amazing success. Mayor McDuffie stated he will be doing Career Day at S.D. Spady Elementary School tomorrow. 3b 05/19/09 He stated while he was at the Spaghetti Dinner Fundraiser he was approached by someone who expressed concern about dogs on the beach. Mayor McDuffie stated some people are willing to circulate a petition and are wilting to accept fines up to $1,000.00 per incidence if someone failed to clean up after their dog. He stated there have been issues with sanitation, etc. and they suggested that the City could fine these people say $250.00, $500.00 or $1,000.00 and they would also be willing to buy licenses each year to be able to bring their dogs orA the beach. For the record, Mr. Eliopoulos stated he still does not support dogs on the beach. There being no further business, Mayor McDuffie declared the meeting adjourned at 9:37 p.m. City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission. Meeting held on May 19, 2009, which Minutes were formally approved and adopted by the City Commission on June 2 2009. ,~ + City Clerk ~~ NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 37 05/19/09 FC)fiM s~ MEMORANDUM o~ voT~~~ con~F~.tGT FoR GOI~NTY, MUNIG~PAL, AND QTHER LEGAL PUBLIC O~~ICERS i.ASTHAME---FIRST NAME-MIDDLE NAME NAME DF BOARD, COUNCEL, COMMISSION, AUTHORITY, OR COMMITTEE E1iLO os Ga Delr Beach Ci Ca»~issian MAILING ADDRESS THE HOARD, COUNCIL, COMMISSION, AUTHORITY DR COMMrTEE ON 2fl5 George I;nsh Boulevard, WHICH 15ERVE IS A UNIT OF: CrrY COUNTY CITY Cl COUNTY ©OTHER LOCAL AGENCY Delray Beach., Florida 33~F45 Palm Beach NAME OF POLITICAL SUHDEVISION: City Of Delra Beach ATE ON WCiICH VC3TE JGCUR E y D t R D NIYPOStTION IS: i~.p ~9s 200 ~ ELECTIVE © APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of govemmenf an an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes, Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. Far this reason, please pay close attention to the instructions on this forrrl Before completing the reverse side and filing the form. INSTRUCTIQNS FOR COiYIPLIANCE WITH SECTION 112.3143, FLORI©A STATUTES A person holding elective or appoinfive county, municipa€, ar other local public office MUST A€3STAlN from voting on a measure which inures to his or her spetia! private gain or loss. Each elected or appointed €ocal officer also is prohibited from knowingly eating on a mea- sure which inures to the special gain or lass of a principal {other than a government agency} by whom he or she is retained (including the parent organization ar subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 183.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-iaw. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, caawner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stoat exchange). x ~ .~ ,~ ELECTED OFFICERS. In addifion to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BInING TAKEN by publicly stating to the assembly the nature of ytsur €nterest in the measure an which you are abstaining from voting; and. WtTH[N 15 DAYS AFTER THIw VDTE OCCt}RS by completing and filing this form with the person responsible for retarding the mirr- utes ofthe meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the Conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direc#ion. IF YOtJ INTEND TO MAKE ANY ATTEN€PT TO INI=LUENCE THE DECISION PR[OR TC} THE MEl'T11VC; AT UVHlCH THE VOTE WILL BE TAKEN: Yau must Complete and fife this form {before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorpora#e the form in the minutes. (Continued on ether side} CE t=dRM $B- EFF. t12p04 Iten::.$.$.D r($PRAB It:e~1) = Item ~~~, APPQINTE© OFFICERS continued) • A copy of the form must be pravided immediately to the other members of the agency. ~ ~ ~~ • The forrn trtust be read publicly at the next meeting after the form is filed. IF YOIJ MAKE NO ATTEMPT TO INFLUENCE THE DECISION F,CCEPT BY DISCUSSION AT THE MEETING: . • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file ix within 15 days after the vote occurs with the persan responsible fnr recording the rriinutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the #orm is filed. DISCLQSURE OF LOCAL OFFICER'S INTEREST I, Cwaxy E~iopaulos ,...--- -hereby disclose that on ~Y I9 , 20~~ (a) A measure came orwill came before my agency which (check one) . inured to my special private gain or lass; ~$ inured to the special gain or loss of my business associate, ~??~p~. ~ Eliopo~slos Architactuxe T inured to the special gain ar foss of my relative, , inured to the special gain ar foss of , by whom I am retained; or ,~ inured to the special gain or loss of ,which is the paren# organization or subsidiary of a principal which has retained me.~ (b) Tile measure before my agency and the nature of my con#licting Interest in the measure is~as Follows: ' Rafe Filed g re . NOTIGE: UNDER PROVISIONS OF FLORIDA STATUTI=S §312.3'17, A FAILURE TO MAKE ANY REQUIRED E}1SCLOSl1RE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORJ= OF THE FOLLOIIVING: IMPEACHMENT, REMOVAL OR SUSPENSEDN FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, DR A CIVIL PENALTY NOT TO EXCEED $30,000. CE FORM 8$ - EFF. 112000 ~ PAGE 2 t IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR CUT 432 STEAKHOUSE RESTAURANT ORDER OF THE CITY COMMISSION OF THE CITY OF DEI_RAY BEACH, FLORIDA 1. This in lieu parking fee request for the purchase of 2 parking spaces in- lieu has come before the City Commission on May 19, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for the Cut 432 Steakhouse Restaurant. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9{E){3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of 2 parking spaces in-lieu meet the requirements of LDR Section 4.6.9{E)(3) and the conditions, if any, listed below? for a total of $31,200 paid upon issuance of a building permit Yes 5 No 0 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9{E){3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Pian and finds that its determinations set forth in triis Order are consistent with the Comprehensive Plan and Land Development Regulations. 1 May 19, 2009 City Commission Meeting; Item 9.A. 4, The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves / denies the in lieu parking fee request as set forth above. 6. Based on the entire retard before it, the City Commission hereby adapts this Order this 19t" day of May, 2449, by a vote of 5 in ~vo~.-a~iCl 4 opposed. TTEST: Nelson S. McDuffig~, ~-\Ilr~l~~,.rv Chevelle Nubin, City Clerk 2 May 19, 2009 City Commission Meeting; Item 9.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DEFRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR GREAT AMERICAN BEAUTY OFFICES AND SHOWROOM ORDER OF THE CITY COMMISSION OF THE CITY OF DEFRAY BEACH, FLORIDA 1. 'T'his in lieu parking fee request for the purchase of 4 parking spaces in- lieu has come before the City Commission an May 19, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for the Great American Beauty Offices and Showroom. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9{E){3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, na existing parking spaces may be eliminated. Does the In Lieu Parking Fee request far the purchase of 4 parking spaces in-lieu meet the requirements of LDR Section 4.6.9{E){3) and the conditions, if any, listed below? for a total of $31,200 subject to In-Lieu of Parking Agreement attached as Exhibit "A" which was also approved as part of this Order. Yes 5 No 0 . The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 1 City Commission Meeting May ~g, zoog; Item g. B. 4. The Gity Gommissian finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findinlgs. 5. Based on the entire record before it, the Gity Gommission approves X denies the in lieu parking fee request as set forth above 6. Based on the entire record before it, the Gity ~irnmi~sion hereby adopts this Urder this 19th day of May, 2009, by ~ vote o~ 5 in favor d opposed. ATTEST: Ghevelle Nubin, Gity Clerk ~ ~"l `~ 71~~1 son S. McDuffie, 2 City Commission Meeting May ~g, zoog; Item g. B.