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07-21-09 Regular Meeting MinutesJULY 21, 2{109 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, July 21, 2{109. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Connnissioner Fred B. Fetzer Commissioner Adam Frankel Mayor Nelson S. McDuffie Absent - Commissioner Mackenson Bernard Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Terrill Pybuxn, Assistant City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Kathleen Gannon with St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL, Mayor McDuffie noted the addition of Item 9.H., Fiilin~ Unexpired Term of Commissioner Bernard, and Item 9.I., Revised Purchase and Sale A~reementJEa~les Nest Property to the Agenda by addendum. Mr. Franker requested that Item 8.L.1, Award of Bids and Contracts for cansuitin~ services to Kimley-Horn of the Consent Agenda be moved to the Regular Agenda as Item 9.A,A. Mr. Eliopoulos requested that Item 8.C., Change Order No. 51West Construction, Inc.IMiller Park Improvements of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A, Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 07J21109 5. APPROVAL OF MINUTES: Mr. Eliapoulos moved to approve the Minutes of the Regular Meeting of June 16, 2009, seconded by Mr. Fratikei. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mayar McDuffie -Yes; Mr. Eliopaulas -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAItrIATIONS: 6.A, Firefighter Appreciation Month -Au~:ust 2009 Mayar McDuffie read a procla~natian hereby proclaiming the month of August 2009 as Firefighter Appreciation Month in Delray Beach. Liz Coffee of the Muscular Dystrophy Association (MDA} came forward to accept the proclamation and thanked the Delray Beach Fire-Rescue Department. 7. PRESENTATIONS: 7,A. ~ S,P.I.R.LT. {Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation Danielle Beardsley, Rec. Supervisor III (Marketing}1Parks & Recreation, recognized the S.P.I.R.I.T. Award winner Jennifer Buce, Community ImprovementlNeighborhood Services. Amy Alvarez, Senior PlannerlHistoric Preservation, nominated Jennifer Buce for being the driving force behind the recent installation of the City's Ten State Historical Markers, and had it not been for her SPIRIT the project may not have been completed on time. Jennifer Buce came forward to accept the SPIRIT award. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. WATER AND SEWER UTILITY EASEMENT AGREEI~~NT/SCHOOL BOARD OF PALM BEACH COUNTY: Approve and accept a 12-fact water and sewer utility easement agreement with the School Board of Palm Beach County for water and sewer lines associated with the new Plumosa Elementary School located at the old Atlantic High School site (2501 Seacrest Boulevard}. 8.8. EASEMENT AGREEMENTII~'LORIDA POWER & LIGHTfMILLER PARK IMPRO'4'EMENTS PROJECT: Approve an easement agreement between the City and Florida Power & Light {FPL} for a pad mounted transformer and associated underground electrical utilities for the Miller Park Improvements Project. B.C, CHANGE ORDER NO. SIWEST CONSTRUCTION. INC./MILLER PARK IIVIPROVEI~~~NTS: Approve Change Order No. 5 to West Construction, Inc., 2 0'7!21109 in the amount of $10,178.'13 with an eight {8) day extension of time to complete the project for additional work required to lower a Florida Power & Light (FPL) primary feeder line; remove seagrape trees and fencing, re-grade, and then replace fence for the Miller Park Improvements Project, Funding to be paid out of the Contractor's Video, Utility and Unforeseen Conditions Allowance, B.D. THIS ITEM HAS BEEN MOVED TO TIIE REGUIIAR AGENDA AS ITEM 9.A.A.A. B.E. CALL TO ARTIST/LATEI~:AL RUNWAY/TENNIS CENTER: Approve a request to allow the Public Art Advisory Board to advertise a Call to Artists, "Lateral Runway", for an area along the north side of West Atlantic Avenue in front of the Delray Beach Tennis Center. B,F. ACCEPTANCE OF RIGHT-OF-WAY DEED/COMMUNITY REDEVELOPMENT AGENCY (CRA)/PINEAPPLE GROVE PARKING LOT: Approve and accept aright-of--way deed between the City and the CRA associated with the Pineapple Grove Parking Lot located on the east side of N.E. 3r~ Avenue, 357 feet south of N.E. 4th Street (353 N.E. 3Td Avenue). S.G. RESOLUTION NO. 31-Q9/.AMENDMENT TO LOCAL HOUSING ASSISTANCE PLAN {CHAP): Approve and adopt Resolution No, 31-09, an amendment to City's State Housing Initiatives Partnership (SHIP) Program, Local Housing Assistance Plan (CHAP) for Fiscal Years 2007-2010 to include the Florida Hamebuyer Opportunity Program Strategy. The caption of Resolution No. 31-09 is as follows. office.) A RESOLUTION OF THE CITY COItiiMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCAL HOUSING ASSIST~-NCE PL1~-N AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAlV1 ACT, SCJBSECTIONS 420.907-420,9079, FLORIDA STATUTES, A.~~D RULE CHAPTER 67-37, FLORIl~A ADMINISTRATNE CODE; AUTHORIZING Aa~D DIRECTING THE MAYOR TO E~:ECUTE ANY Z~TECESSARY DOCI:IMENTS A~~D CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW A,ND APPROVAL BY THE FLORIDA DOUSING FINANCE CORPORATION; PROVIDING AN EFFECTIVE DATE. {The official copy of Resolution No. 31-09 is an file in the City Clerk's 3 07/21 /09 S.H. DISASTER RECOVERY INITIATIVE (D MOUSING REHABILITATION GRANTICONTRACT AWARD: Approve one { 1 } Housing Rehabilitation grant award to the lowest responsive bidder for 613 S.W. 9th Court to Cordoba Construction in the amount of $32,035.96. Funding is available from 118-1960- SS4-49.19 (Neighborhood ServicesfOther Current ChargeslHousing Rehabilitation). S.I. EMERGENCY SERVICES AGREEMENTIPALM BEACH COUNTY FIRE RESCUE: Authorize the Mayor to execute the revised Emergency Services Agreement for Mutual Assistance and Automatic Aid between the City and Palm Beach County Fire-Rescue. S,J. CONTRACT CLOSEOUT (CHANGE ORDER NO. 3fFINAL)fJ.W. CHEATHAM, LLClMANGO DRIVEIIZEIGLE AVENUEfS.W. 7~ AVENUE: Approve Contract Closeout (Change Order No. 3fFinal} in the deduct amount of $22,044,40 and final payment in the amount of $16,686.35 for the completion of the Mango DrivelReigle AvenuefS.W. 7th Avenue Road Reconstruction Project. Funding is available from 118-1960-554-68.27 {Neighborhood ServicesfOther Improvement/Mango DrivefReigle Drive & S.W. 7th}. S.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 6, 2009 through July 17, 2009. S.L, AWARD OF BIDS AND CONTRACTS: 1, THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 2. Purchase award to The Dumont Company in the estimated annual amount of ~$S3,6SOA0 as needed for Hydrofluosilicic Acid for the Water Treatment Plant, Funding is available from 441-5122-536- 52.21 (Water and Sewer FundfOperating SuppliesfChemicals}, 3, Purchase award to Emergency Vehicle Supply (EVS) in the amount of $82,428.03 for the purchase and installation of ten {10} police vehicle equipment packages for the Police Department. Funding is available from SO1-3312-591-64.20 (Garage Fund/MachineryCEquipmentlAutamotive) and 001-211 S-S21-64.20 (General FundfMachinery EquipmentlAutomotive). 4, Purchase award to Hub City Ford, Inc. in the amount of $28,098.00 far the purchase of one (1) replacement 2010 Ford Escape Hybrid compact SUV with options for the Environmental Services Department. Funding is available from SO1-3312-591- 64.20 {Garage FunclfMachineryfEquipmentfAutomotive). 5. Purchase award to I?:ECO Pump and Equipment in the amount of $38,410.00 for the ,purchase of one (1}Peristaltic Pump, twelve (12} remote pumping centers with hose rack, and one (1) 4 07(21(09 monitoring system. Funding is available from 425-4311-575-64.90 (City Marina Fund/Machinery/Equiprnentlother Machinery/Equipment). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mr. Eliopoulos. Upon roll ca11 the Commission voted as follows: Mayor McDuffie - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. 9, REGULAR AGENDA- 9,A.A.A, CIIA~IYGE ORDER NO. 51'4iTEST CONSTRUCTION. INC,114~ILLER PARK IMPRO'4~E14TENTS: Approve Change Order No. 5 to West Construction, Inc., in the amount of $10,178.73 with an eight {8~ day extension of time to complete the project for additional work required to lower a Florida Power & Light {FPL) primary feeder line; remove seagrape trees and fencing, re-grade, and then replace fence for the Miller Park Improvements Project, Funding to be paid out of the Contractor's Video, Utility and Unforeseen Conditions Allowance. Richard Hasko, Director of Environmental Services, stated at the City Commission Meeting of July ?, 2009, the Commission had concerns whether or not there would be any additional change orders forthcoming. Mr. Eliopoulos stated in the general scope of the work how does this normally fall into play. He stated when you are dealing with FP&L above ground it is one thing and when it is below ground how do they know how to plug in the number. Mr. Eliopoulos stated when staff is doing their budget and they establish that they are going to do something with the line underground how to do that accurately. Mr. Hasko stated typically with cable utilities {ie. FPL, Southern Bell, Comcast) as well as normal conduit utilities such as the City's utility lines the City will send out preliminary plans to the utilities and request that they mark the locations of all of their facilities, He stated they are not really accurate most of the time because their staff gets a lot of that to do so they check their as built records and they look at the site plan that they are provided and scratch in approximately where the facility is. Nlr. Hasko stated when dealing with an underground conduit such as a water main or sewer main, normally you will also pothole it so that you will not only know horizontally where it is relative to the site but you wi11 know how deep it is. He stated that is not practical in terms of a cable utility because they are not always in a straight line like a pipe is in addition to the fact that they are usually shallower than the normal conduit utilities and if an FPL line were hit there is an element of safety involved. Mr. Hasko stated typically you don't know depth wise vertically where a lot of those types of facilities are such as this one. Mr, Eliopoulos asked when the contingency fund was established was this a particular item that was in that category and was the $10,178.73 staff thought they were going to need and was this classified during the proposal or scope. In response, Mr. Hasko stated contingency in this particular contract was not specific and exclusive to this 5 07/21 /09 issue. Mr. Hasko stated since the City was building a park where an existing park stood staff did not anticipate any phenomenal extraordinary level of unforeseen conditions and noted these are fairly nominal and common on a project like this. Mr. Eliopoulos asked how much money is left in the contingency fund after this. Mr. Hasko stated approximately $35,000.04 will be left in the contingency fund after this. Mayor McDuffie asked if this is all on the Solid Waste border with our property or was some of it down the extended fourth right-of--way. Mr. Hasko stated the grade issue is up against the Solid Waste Authoritys facility and the other one is under the new parking lot (FPL distribution line that runs through there}, Mr. Eliopoulos moved to approve Item 9.A.A.A. (formerly Item B.C.), seconded by Mr. Frankel. LTpan roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -- Yes; Mayor McDuffie -Yes, Said motion passed with a 4 to 0 vote. 9.A.A. CONTRACT AWARD TO HIMLEY-IIORN IN THE AMOUNT OF $98,500.00 TO PROVIDE CONSULTING SERVICES IN ACCORDANCE WITH BID #2009-025 TO PERF0J8;M A PARHIN+G MANAGEMENT STUDY. FUNDING IS AVAILABLE FROM 001-3151-545-34.90 (GEI~~IEP:AL TUNDIOPERATING EXPENSES - N[ISCIOTIIER CONTRACTUAL SERVICE) Randal I{:rejcarek, City Engineer, stated this item is an award to Kimley- Harn to perform a parking and shuttle study for the City. The City is sharing in the cast of this project with the Community Redevelopment Agency (CRA} who is going to pay ?5% of the cost up to $100,000.00. The cost of the study is $98,500.00 and will be paid via a contribution of $73,875.00 (75%) by the CRA with the balance of $24,625.00 (25%} paid by the City. Mr. Krejcarek stated there was a Selection Committee made up of various staff and they put together a proposal looking for solicitations. The Committee received eleven (11} of them and narrowed it down to three (3} firms who made presentations to them. 11rIr. 1~rejcarek stated they are going to be looking at a parking fee program, transportation demand management and also an overall parking management plan. Mr, Frankel stated the prior Commission had a prior Workshop meeting on October 14, 2008 regarding this. He recognizes that the CRA is willing to fund 75% of this; however, Mr. Frankel stated he has difficulty spending just under $104,000.04 in these times. He stated according to the documents that were provided there is going to be parking on Atlantic Avenue and analyze the free shuttle, Mr. Frankel stated the Budget Task Force gave the Commission a report where they analyzed the shuttle service and they analyzed that the average cost is around $4.00 per person, the riders per week, and pickups per hour and discovered that this is costing the City a lot of money to run these three buses. With regard to parking, he stated later in the agenda the Commission will be talking about raising millage. Mr. Frankel stated the City needs to start charging for 6 o7i21~o9 parking and there has been numerous discussions about no one using the ©Id School Square Garage and the Courthouse Garage. He stated if the City starts charging for parking on Atlantic Avenue people are going to use the garage. Mr. Frankel stated maybe in better economic times this would be a good idea but he feels there are essential City services on which this money could be well spent. Therefore, Mr. Fratzkel stated he cannot support it at this time. 11?tr. Fetzer stated the scope of services is going to include recommendations on fee structures for parking in terms of whether the City is going to be charging for parking in some places that we are not now. Mr. Fetzer echoed Conunissioner Frankel's concerns regarding the shuttle and is not sure this is cost effective. He stated parking is a major issue for the City particularly the fact that we provide "free parking" in most parts of the city. Mr. Fetzer stated he strongly supports the business community and does not want to do anything that is going to jeopardize what is happening with the business community. Mr. Fetzer stated this sounds like a lot of money and questioned what the potential payback of this is long-term. IVir. Eliopoulos stated we are in difficult financial times right now with regard to the budget and noted that this is a large sum of money. He stated as a City you have to keep looking ahead and a lot of the things that are presented in this are things that need to be looked at as far as implementing whether it is in our Codes and how we park downtown. Mr. Eliopoulos stated our parking garages are not in theory being used. He stated there are times when parking meters are appropriate and it encourages people to use the garage instead of looking for a metered spot. Mr. Eliopoulos stated it appears that the Parking Management Advisory Board only reviews in-lieu fees. He stated in the essence of green he agrees with the shuttle and it has the purpose that it needs. Mr. Eliopoulos stated he is holding back on charging for the garages because most of the citizens feel they paid for the garage already. He stated he was upset with a couple of the items on the additional RFP information that had costs and he definitely would like to see what other municipalities are doing with parking and parking requirements because it is critical to our downtown. Mr. Eliopoulos stated he would like to look at other sources for revenue and he believes in tough times sometimes you do have to spend to get this city in the right framework for when things turn around. He asked if we have defined boundaries. 11r1r. Krejcarek stated the boundaries with regards to the actual parking utilization studies is confined to east of I-95. However, he stated with regards to the Land Development Regulations (LDRs) that is a city-wide impact and they are going to look at the LDRs and the City's parking requirements and is there same innovative way that we can address not only the parking needs but at the same time encourage someone to walk versus driving somewhere. Mr, Frankel asked if Scott Aronson, Parking Management Specialist, can cover this in his job, Mr. Krejcarek stated gathering all the data is an in-depth undertaking and we could have him do that but then all his other tasks would be taken away from him and those would fall behind. Mr, Krejcarek stated this is a major undertaking and to have one person do this is a very difficult task. 7 O'712ll09 Mr. Fetzer concurs with continents expressed by Commissioner Eliopoulos. Mr. Fetzer stated he is going to count on initiatives coming out of this study that will help recover this cost by a thorough understanding of what we can do to better utilize the parking resources we have and get revenue from that, He stated this will more than offset the cost of this study and therefore he supports the Parking Management Study. Mr. Eliopoulos inquired about the timeframe on this parking management study. Mr, Krejcarek stated the timefrarne is July 2010. Mr. Eliopoulos suggested that staff provide the Commission with amid-presentation regarding this. The City Manager stated the downtown is very successful and the decision about whether to charge for parking and which parking to charge for has a lot of implications. He stated this study will help the Commission make those decisions. The City Manager stated to start doing it without the information the study will provide there could be an error that would be very detrimental to the downtown economy. Mayor McDuffie stated his recollection of this is over the past several years as we have been looking at economic development strategies one of the things the City has run into is that we have no comprehensive parking plan city-wide. He stated we are looking at all these different philosophies and plans, types, lifts, below ground, above ground, whether to have meters or no meters, charge or no charge. Mayor McDuffie stated there are people who will pay $10.00 to a valet on Atlantic rather than walk one block and park in the parking garage and the City does not have anything that says there is any trend that shows us why they are paying to valet rather than parking in the Federspiel Parking Garage if they are going to 32 East. He stated it is a tough time economically but it is also a time when mua~icipalities that have been like Delray in the past reach out and embrace things and say this is what is going to drive us into the future. Mayor McDuffie stated this is how we are going to know what is going on in the downtown and what parking philosophies drive economic development and which drive economic development away. Therefore, Mayor McDuffie stated he supports the Parking Management Study. The City Manager stated our share of this would be paid from the parking hand and this is money that can only be used for parking and therefore would not came from the General Operating Fund of the City. Mr. Eliopoulos moved to approve Item 9.A.A. {formerly Item 8.L.1.}, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel - No; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said oration passed with a 3 to 1 vote, Commissioner Fetzer dissenting. 9.A. PITElLIC ART CCII~IIF'()NENTlART AND JAZZ ON TIME AVENUElSIJ~MER NIGHTS C1N TIE AVENITE: Consider approval of a Public Art component at six (6) Art and 3azz on the Avenue and six {~) Summer Nights on the Avenue events in the amount of $10,000.00. Funding is available from the Public Acts 07!21!09 Program. Randal Krejcarek, City Engineer, stated this is a request to allow the Public Art Board to spend the up to $10,000.00 in providing an art component for up to six Art and Jazz on the Avenue events and six Summer Nights events. Mr. Krejcarek stated in conjunction with the Downtown Marketing Cooperative, Marjorie Ferrer and her staff would entertain different forms of public art to be incorporated into the events. He stated once the Commission approves the expenditure of the money, the Board will go ahead and approve each individual expenditure for each individual event as far as what farm of public art will be an display or be e-splayed at that particular event. Mr. Krejcarek stated the way the timing works with the pianrung of the events to bring each event back to Commission on a one event issue at a time is going to be difficult as far as meeting the deadlines for putting out the schedules far the events. He stated this way Marjorie and her staff can come directly to the Art Board at their meeting, talk about several of the events and start planning well in advance of what they want to do. Mr. Fetzer asked if there is specificity as to what is being proposed and asked for a better definition ofwhat is being proposed. Marjorie Ferrer, Downtown Marketing Cooperative, stated when they were asked to make a presentation to the Public Art Advisory Board about having some part of public art as an outreach program several of the artists on the Board considered for the Art & Jazz on the Avenue in 4ctaber when it gets darker earlier to do some type of light presentation on one of the buildings. Mrs. Ferrer stated an artist would create some kind of art project that would be displayed that night. She stated they would do a "call to artists" which has been done far the last few Summer Nights on the Avenue. For example, Mrs. Ferrer stated an N.W. 5~' Avenue they are having a "call to artists" and an artist responded with a Caribbean art festival theme and this was designed to be the kickoff for the Roots Festival. She stated there are some gigantic masks being shipped in from Haiti that the children would paint. Mr. Eliopoulos expressed concern aver this not being defined enough in scope. Mayor McDuffie stated he would like to have this a bit more defiinitive. He stated it is $833.00 per event so he is begizlning to wonder what we are getting for $833.00. He stated if it is performing arts there are a lot of groups that you will not get for that amount for a night. Mayor McDuffie stated he is okay with lights on a wall, oils, water colors, sculptures, and music but it is hard for him to grasp how we are going to do l~ of these and stay in that budget. Mr. Krejcarek stated the Public Art Advisory Board did a similar approach, although it was in reverse with the art that goes into the bus shelters (item an Consent Agenda this evening). He stated in that case the art comes to the Public Art Advisory Board and they choose the pieces that they want to have displayed in the bus shelters and then staff comes before the Commission because they usually have time to do that. In this case, Mr. Krejcarek stated the reason staff is doing it this way is because of the time sensitive and the planning that has to go in advance of the 9 0712110 events. Mr. Eliopoulos moved to approve the Public Art Component/Art and Jazz on the Avenue/Summer Nights on the Avenue, seconded by Mr, Frankel. Upon roll call the Cammission voted as follows: Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer - No. Said motion passed with a 3 to 1 vote, Commissioner Fetzer dissenting. 9.8. RESCIND CONSULTING AGFtEEMENTiCOMPUTERWORX, INC.: Consider approval to rescind a Consulting Agreement between the City and ComputerWorx, Inc., for computer software development for online bulletin board meetings. Terrill Pyburn, Assistant City Attorney, stated this is before the Commission for approval to rescind the Consulting Agreement between the City and ComputerWorx, Inc: because they would not agree to the terms of the agreement. Mr. Fetzer moved to rescind the Consulting Agreement between the City and ComputerWorx, Inc. for computer software development for online bulletin board meetings, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -- Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. 9.8.1. REQUEST FOR PROPOSAL fRFP)/ONLINE BULLETIN BOARD SOFTWARE: Provide direction regarding whether or not to pursue a second RFP for computer software development for online bulletin board meetings. Mayor McDuffie handed out information on software from Gitrix entitled "Go to Meeting". He stated this software is to an extent available as what is called "CC}TS" Commercial Off the Shelf} and noted that there is an upfront cost for that and license costs over time for the product. Mayor McDuffie stated multiple vendors out there have this available. He stated it is quite common today to see online conferences and the only thing that he is not certain that exists in that package is whether they could come in and say they conform to the public records laws in the State of Florida. Mayor McDuffie stated he knows that one allows you to record the entire meeting. He stated he feels that research could be done by the IT Department. Ms. Pyburn stated the IT Departrr~.ent can review this again; however, she stated when the IT Department looked at it a year ago they could not find any software that met the parameters required by the Attorney General's office with regards to both recording as well as allowing the public to interact during the meetings. She stated they can have IT' look and see if the technology at this paint may be better and may address those requirements. Ms. Pyburn is also looking for direction as to whether the Commission would like to resell the software. She stated if we use something that someone provides for us is it probably not a possibility; however, if we actually go out for RFP (Request for Proposal} and have someone create something to meet the Sunshine Law requirements then that may be something that the Commission may be interested in and staff is looking for direction on that as well. Ms. 10 07121109 Pyburn stated if the consensus of the Commission is to see if the IT Department can find software that will meet the requirements without using it to sell it later then staff can certainly go that route and see if they have that capability. Mr. Fetzer stated he is familiar with the Go To meeting software but he does not know if this would comply with the Attorney General's ruling but would support the IT Department researching this further. It was the consensus of the Commission to direct staff to research this further with the IT Department and if it appears that there is something that staff would look at that could meet the Attorney General's office opinions then staff can bring that back to the Commission and seek further direction at that point in time. 9.C. RESOLUTION NO. 32-09: Consider approval of Resolution No. 32-09 amending Resolution No. 24-09 which provides for additional board members and alternates for the Green Task Force Board. The caption of Resolution No. 32-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 24-09 WHICH CREATED THE GREEN TASK FORCE IN ORDER TO PROVIDE FOR ADDITIONAL BOARD MEMBERS AND ALTERNATES; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 32-09 is on file in the City Clerk's office.) Brian Shutt, City Attorney, stated the Commission had recommended that staff revise the resolution to allow for two (2) additional board members and two (2) alternates for the Green Task Force. Mr. Frankel stated he received an email about someone who serves on another board who wants to serve on this board but cannot. Chevelle D. Nubin, City Clerk, stated per Charter Section 32.08(E) the standing rule is that no member may serve on two of the City's advisory boards. The only exceptions are the Neighborhood Advisory Council (NAC) where a person can serve on that Board and another Board. For the Parking Management Advisory Board, it is specifically stated in Resolution No. 88-97 that the City had to have certain representation from the Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA), and the Planning and Zoning Board. Ms. Nubin stated the other instances are a task force or an Adhoc Committee. A person can serve on as many of these as they can because they are not considered permanent and they sunset at a certain time. She stated now that the Green Task Force will become a permanent Board 11 07/21 /09 that is the reason for the conflict if an individual already serves on another permanent Board. The City Manager stated another example is the Drug Task Force, 1Vir. Fetzer stated he looked at all the past Green Task Farce members and it appeared that one member of that previous Task Force would be prevented from joining the new Task Force because he is currently serving on the Historic Preservation Board (HPB} and he would have the alternative to serve on the Green Task Force, and if the Commission chose to appoint him, then he would have to step down from HPB. Mr, Frankel moved to approve Resolution No. 32-09, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: 11rSr. Eliopoulos -Yes; Mr. Fetzer -Yes;11?~r. Frankel -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this paint, the time being 7:10 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. COMMUNITY I}EVELOPl~~NT BLOCK GI~.ANT {CDBG) ANNUAL ACTION PLAN {l~Y 2009 - 2010 Consider approval of the Community Development Block Grant {CDBG} Annual Action Plan required by the United States Housing & Urban Development Depat~ment (HLTD} for utilization of federal grant funds. Lula Butler, Director of Community Improvement, stated this item is for approval of the Community Development Block Grant (CDBG} Annual Action Plan as required by the United States Housing & Urban Development (F[UD}. The Housing Act requires that as an entitlement municipality receiving CDBG dollars we advertise this meeting and receive citizen comments. Mrs. Butler stated the City had its first public meeting hosted by the Neighborhood Advisory Council {NAC} on June 15, 20(}9 and this was advertised in the Palm Beach Post on June 5, 2009 {both that meeting and this meeting}. She stated to date staff has not received any comments and noted that the Action Plan was also available at the Delray Beach Public Library, on the City's website, and mailed this out to a significant number of organizations that the City partners with. Mrs. Butler requested that the Commission authorize staff to submit the City's Annual Action Plan to HUD by the August 15, 2009 deadline. She stated the allocation this year is $5$1,155.00. Pauline Moody, 609 S.W. 8t~' Avenue, Delray Beach, asked for clarification on what is actually being approved and what the City is trying to do with this grant. In response, Mrs. Butler stated the CDBG is an annual allocation from HUD and the City receives a formula allocation and that the City receives the changes each year. Mrs. Butler stated this year the Commission is proposing $111,445 for CDBG Program Administration, dollars for owner occupied housing rehabilitation, dollars for 12 07/21/09 neighborhood enhancements that the City uses in the form of neighborhood grants, dollars for demolition {houses that have been abandoned and vacant), and dollars far infrastructure (5-year building new sidewa]ks throughout the CBDG target areas). Mr. Frankel moved to approve the Community Development Block Grant {CDBG} Annual Action Plan {lY 2009-2010}, seconded by l~lr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayar McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 10,8. RESOLUTION NO. 29-09. Consider approval of Resolution No, 29-09 establishing a budget for the Stormwater Utility System, establishing the rates far FY 2010 Stormwater Management Assessments, and certifying and adapting the Stormwater Assessment Roll. The caption of Resolution No. 29-09 is as follows; office.) A RESOLUTION OF TF1E CITY COI~IMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER l4I.ANAGERI.ENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITTED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL IN ACCORDANCE WITH CFIAPTER 56 OF THE CODE OF ORDINp-NCES OF TF1E CITY OF DELRAY BEACH, FLORIDA; AND PROVIDING p-N EFFECTNE DATE. {The official copy of Resolution No. 29-09 is an file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Manager stated the City will be continuing the same stormwater utility rates as we have had far the last several years. Mayor McDuffie stated starmwater utilities will continue to have the same rate at $5.33 per month per Equivalent Residential Unit {ERU}. Mayar McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 29-09, 13 07121009 the public hearing was closed. Mr. Fetzer moved to approve Resolution No. 29-09, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopaulos -Yes; Mr. Fetzer -Yes, Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NC}. 37-U9: Consider an ordinance amending Chapter 101, "Parks, Beaches, and Recreation", by enacting a new Section 101.37, "Shark Fishing", to prohibit shark fishing within three hundred feet of the municipal beach. The caption of Ordinance No. 37-09 is as follows: AN ORDINANCE OF THE CITY COI4LMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "PA,It.KS, BEACHES, A,~~D F~ECI~:EATION", BY ENACTING A NEW SECTION 101.37, "SHA.RK FISHING", TO FROHIBIT SHARK FISHING ~VITIIIN THREE HUNDI~:ED FEET OF THE 14ILJNICIPAL BEACH; PROVII~ING A GENERAL REPEALER CLAUSE, A SAVIlVG CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 37-09 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. Terrill Pyburn, Assistant City Attorney, stated she is present for any questions the Commission may have with regards to the ordinance. For the benefit of the public, Ms. Pyburn stated the ordinance is proposing to prohibit shark fishing within 300 feet of the municipal beach. Mayor McDuffie declared the public hearing open. Sean Paxton, 6672 Marius Road. North Port., FL 3428? (s~eakin~ on behalf of the International Land Based Shark Fishing Association}, stated his reason for being present is the following: {1) bring to light certain key facts surrounding the origin of the proposed ordinance, (2) responsibly and respectfully address the ordinance, and (3) propose a fair balanced and reasonable solution to this matter. Mr. Paxton stated he is a policy advisor in the related realms of sport fishing and marine conservation and visibly active in public education, safety campaigns, and to dispel the myths about sharks while increasing awareness and respect far them as an invaluable natural resource, Mr. 14 07121109 Paxton read a brief statement into the record and urged the Commission to postpone this ordinance in the interest of more rational consideration ofthe facts. Zack Miller, 2200 N. Conference Drive, Boca Raton, stated he is a recreational angler who frequents the City's municipal beach on an almost daily basis. lvir. Miller stated for 4-5 years he fishes responsibly at the north end of the beach. Mr. Miller stated he has caught every species that inhabits Delray's waters on a daily, weekly, and seasonal basis and asked what the precise definition of a shark rig is. He stated he has caught sharks on baits and rigs intended for a variety of other surf species. Mr. Miller asked if the City can define the use of shark fishing as the use of large equipment and hooks while fishing. He stated they target tarpon, cobia, and even an occasional live grouper along with many other wild species caught an wire rigs and wild bait like barracuda and king fish, Mr. Miller stated many of the techniques used to capture these species can also yield a shark, He commented about the ordinance where it states "cut bait shall be prohibited" and asked if this means the police will escort him of the beach for fishing for shrimp in the winter time. Mr. Miller stated sharks are occasionally caught using shrimp, squid, and cut bait, or what if he wanted to catch bluefish on something as artificial such as a spoon and a shark eats that. He stated the way this ordinance is written it puts all recreational anglers rights in jeopardy and basically states that no t~~ae of fishing will be permitted on the City of Delray's beaches. Mr. Miller stated this will hurt not only residents but tourists who come to this area for what makes Florida famous its fishing and beaches. He stated he has never seen anyone fish irresponsibly and has never seen a dead shark wash ashore after a release and everybody fishes after the lifeguards leave prior to dusk and through the night not while swimmers are not present. Mr. Miller urged the Commission to come to a compromise that both sides can adhere to. Robert Dion, 628 S.E. 5"' Street, Delray Beach, stated he is in favor of the shark fishing ban not because of the fear of sharks but because of consequences we have seen increasing from this activity. For example, 11?tr. Dion stated dead sharks have washed up on shore, fisherman have thrown bait {fish heads and chopped up fish pieces) into the shallow water where people are swimming during the day. He stated on a weekend day a woman snorkeling swam right into this bait in 3 feet of water and people on the beach saw fisherman throwing it into the water. Mr. Dion stated this is also a shark fishing club that advertises extreme shark fishing who recently had a party on the beach and were trying to recruit new members. He stated this was the same day as the incident with the bait being thrown in the water. Mr, Dion stated he asked one of the shark fisherman how he gets the shark back to his vehicle and he informed him that he drags the shark up to his car and if he is alone and it is too large to drag then he cuts it up right there on the beach. h?tr, Dion stated at the time is was 5:00 p.m. and it was about 60 feet away from the lifeguard tower one block north of Atlantic Avenue. He stated these are not positive images for our beach and noted that Delray Beach is a family tourist destination that was elected by Travel Holiday Magazine as a top public beach in the southeastern United States for swimming and one of the top 35 beaches in the country, Mr, Dion stated we do not need to jeopardize this reputation. 15 4?I21109 Brendal Davis 1825 Palm Cove Boulevard Delra Beach stated she is a dive instructor and wanks in Fart Lauderdale and has been diving for the last 11 years. Ms. Davis stated she dives in the ocean every day and there is a massive decline in sharks. She stated for those sharks that are released past release survivability is uncertain as the catch is subjected to physical trauma and physiological stress that may result in terminal fatigue and death. Ms. Davis stated studies have concluded that recreational fishing far sharks is unsustainable under the current management regime. She stated not only is fishing far sharks detrimental to the shark populations but shore based fishing presents potential hazards and issues far this community. Ms. Davis stated regulations should be created that all shore based recreational fisherman must adhere to far the gaol of the community and the sharks, restricted areas, times and seasons, avoid sharks in any fragile reproductive stage, far fishing of a certain species and size as well as required equipment to minimize handling time and mandatory species identification training. Ms. Davis stated the fishermen have stated that they do not chum sharks to the beach and that it is 204-500 yards away but she stated that she has physically seen them and it has been closer to shore. Brooks Craig Paxton, II, 6654 Marius Road, North Port, FL 34287 {diver and shark conservationist), stated there was no slaughter on Dekay Beach and despite the fact that recreational anglers have been doing this for decades there have been no shark attacks in 35 years. IVir. Paxton stated he does not think the right of laws can be passed based on the views of one extremist group that infringe on taxpayers and voters. He urged the Commission to deny ar postpone this ordinance until a more rational and fair solution can be reached. Tom Ar~ue,1400 S.E. 2"d Court, Fort Lauderdale, FL 33301, stated he runs a website called boatlessfishing.com and it is all about land based fishing and they have about 3,500 users and he sees what is caught in and out every day from land. I~lr. Argue stated sharks are there but the reality is that fishing does not bring sharks into your coast. He stated research shows that the sharks are there already. Mr. Argue stated most anglers are responsible and care about these fish especially the sharks. He stated they tag and release all sharks and in most cases they live. Mr. Argue stated they do not want a safety issue for the citizens in the water and suggested that the City make regulations that limit when anglers can fish, stop chumming in the water, and don't let people filet their fish on the beaches but do not put a ban across the board. Furthermore, Mr. Argue stated have the police enforce this and police the beach in an effort to help get those violators off the beach. He urged the Commission to research this issue fi~xther to find out what information is true and what is false. Shannon Bucemonti, 2945 S.W. 16th Street, Miami, FL, stated they have very large tackle and go a minimum of 200-300 yards off the beach and every bait that is leftover after they finish a nights fishing they take right to the trash can which is dumped the next morning. Mr. Bucemonti stated the hours they fish is always at nighttime with no one in the water and they leave before the sun comes up. He stated they never leave any bait and they never chum and reiterated that anything that is 1eftaver is thrown away. 16 07/21109 Ka lee Green, 2823 S.W. 2"~ Street, Delray Beach, FL, stated she does not think that the endangerment of a potentially extinct species should be at risk in lieu of recreational fishing. Ms, Green stated we should address the fact that we are bringing apex predators closer to shore for our swimmers and that these apex predators control our oceans and everything underneath them. She stated sharks have not evolved in millions of years and they are evolutionarily perfect. Ms. Green stated the sharks control our entire oceans and our oceans give us 70°l0 of the oxygen that we breathe in every day. She stated she jogs along A-1-A before the sun goes down and this is how she found out about the shark fishing club otherwise she would not have known about it because she does not jog at night. Pat DiRiadin, 1332 S.W. 4t~' Court, Fort Lauderdale, FL, stated .he is baffled by this proposed ordinance because Delray Beach has not had a shark attack in 33 years which made researching Delray shark history impossible. Mr. DiR.iadin stated he has been diving for 35 years and has traveled to numerous islands and the Caribbean along with his wife and two children who are master divers and master instructors, He stated they have had thousands of dives with sharks and have never had a bad experience with them. Mr. DiRiadin stated due to Delray's lack of any data on shark attacks he decided to use the Daytona Volusia County ban for his research due to its proximity and history to Delray Beach. He stated Volusia County is the shark attack capital of the LT.S. with more attacks than the rest of the nation, Mr. DiRiadin stated this same ordinance was proposed and passed in Volusia County almost ten years ago and has been enforced ever since at substantial cost to the people of Daytona and Volusia. He stated the ban has been an epic value because shark attack numbers have not changed much at all and are on track to break all known. records this year. Mr. DiRiadin stated most of the documentation he has provided is from the international Shark Attack File (iSAF) which is a recognized authority in shark attack incidents and from everything he has read on their website with regards to the documentation, shark attack frequency is a simple matter of numbers. He stated the more people that enter the water the greater the risk of encounter. Mr. DiRiadin entered his statement into the record. William Fondora, 1230 North Drive. North Miami Beach, FL 331'79, stated on behalf of the South Florida Shark Club he thanked everyone for the oppor~unity to express their views on this matter. Nir, Fondora stated they do not bait or chum sharks to the beach but instead the shark fisherman take their baits out on kayaks and drop them 200-500 yards away from the shoreline usually at night. He challenged the City to find one instance where a shark attack on a beach shore occurred because of someone shark fishing nearby. 1~rlr. Fondora stated in the 40 years that they have been shark fishing from Florida beaches they have never seen or heard of a bather attacked anywhere near a shark fisherman,. 1'le stated shark attacks are very rare and in Florida you are more likely to be struck by lightning than you are to be bitten by a shark. Mr. Fondora stated fishing and hunting are great 1!~merican traditions and noted that Ernest Hemmingway was a onetime shore bound fisherman and fished the overseas highway bridges when he lived in i~ey West. NIr. Fondora stated he and other shark fishermen are big game hunters only without the expensive boats. He feels it would be a travesty to discriminate against this type of fisherman while the others are free to exercise that great American tradition, 11r1r. 17 07121109 Fondora stated fishing has saved many young rnen involved in a life of crime on the streets of South Florida and the South Florida Shark Club have maintained a tradition of taking under their wing troubled teenagers and teaching them the sport in a responsible way. He urged the Commission to not ban shark fishing from Delray Beach. Herbert Mueller, 4520 S.W. 163rd Path, Miami, FL 33185, distributed a booklet from the Florida Museum of National History at the University of Florida and the Florida Museum of Natural History. Mr. Mueller stated shark attacks are not from people going fishing to the beaches but is because the sharks are there already. He stated the shark attacks are driven by population and the higher the population the higher the shark attacks, Mr. Mueller stated in 126 years we have had 614 shark attacks in Florida, He stated the most people that are bitten by sharks are surfers and swirzuners and if the City is going to ban the beaches from shark fishing because of public safety they should consider banning surfing and swimming as well. Nlr, Mueller referenced a news report on the sharks' migration (i.e, black tips and the spinners} that by the thousands come to South Florida and no one can stop because that is their natural habitat, He stated the mare people that there are at the beaches and shores the more shark attacks you will see. He stated they do most of their fishing at night and sometimes they go to a desolated beach they may do some fishing up to 8:34 or 9:44 a.m. and go to that beach at 5:44 or 6:44 p.m. Mr. Mueller stated by nature mast sharks feed at night although you may get a straggler during the day but they would be wasting their time. Mr. Mueller urged the Commission to reconsider this ban and come up with a compromise, Jason Coss, 225 N.E. lot Street, Delrav Beach, FL 33444, stated he frequents these beaches because he grew up in Florida and has been here his entire life. He stated he walks every morning and snorkels at the south end of the beach every night. Mr. Coss stated he swam into a chum bag last week not for the first time and every morning he picks up garbage along his walk. Clove (last name unclear), 1420 Brickel Bay Drive, Miami, FL, stated he is 18 years old and his favorite type of fishing is shark fishing. He stated he will be attending the University of Miami for Marine Science and commented about the catch and release species. Josh Jorgensen (Physicist and Micro Research Scientist) stated he is from Canada and his parents own a condo in Riviera Beach, stated he is the Director of the Black Tip Challenge which is a land based shark fishing tournament. He stated that charming is very difficult on a beach. Jessica Toledo, 2823 S.W. 2"d Street, Delrav Beach, FL, supports the ban of shark fishing on the beach and the shark population is down 75-94°l° and this could potentially have a lot to do with the shark fishing. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, stated sharks are going to fish on you when they are hungry whether it is day or night. Ms. Moody stated if someone wants to shark fish they should go as far out as the cruise ships 18 47121/49 go because you do not have to worry about anyone getting hurt because you are way beyond the 304 feet. She stated there should not be fishing of any kind at night and in the morning the beach should be clean. Courtney Salamone. 1410 N.E. 8`h Avenue Unit #35F,, Delray Beach, FL, 33483 (boat captain, scuba diving instructor, dive master and Marine Biolagy maior (undergrad), stated baiting the water near the beaches even if it is 200-544 yards from public swim areas is still what she considers in the vicinity. Ms. Salamone stated any animal comes to food for example seagulls congregating where the beach is most heavily populated and feels that feeding the wildlife creates aggressive behavior. She stated South Florida Shark Club's website was disturbing to her and while catch and release is allegedly practiced there are many pictures of dead sharks. Ms. Salamone stated it is tragic, wasteful, and inhumane. She stated even with catch and release deaths occur due to various factors. Ms. Salamone made a reference to Biscayne Bay National Park where a lady was swimming in the area of someone who was shark fishing and the fisherman caught the shark and the shark brake free from the line and bit the woman in the thigh. In addition, she stated there is also a video on YouTube that shows a shark fisherman on the beach getting bitten by a shark and then he tries to remove the hook and the video is shot in broad daylight and the title says "Delray Extreme". Ms. Salamane urged the Commission to keep shark fishing off our beaches. Jim Abernethey, 712 Pelican Way, North Palm Beach, FL 33408 (speaking an behalf of Marv U'Mailev who is a Delray Beach resident), stated he has been a shark expert for the last 15 years and has spent his entire life at sea with sharks. Mr. Abernethy stated the real issue is that sharks are being wiped out at a rate that they will not rebound from and as the apex predator once they are wiped out there will be a catastrophic failure tropic levels will fall apart and it is already happening in New England and the ocean will start to fall apart. He stated Delray Beach is a seaside community and this area has been built up as a destir.~ation as an area where anyone would love to live. 11?ir. Abernethey urged the Commission to do the right thing and protect these creatures that desperately need our help. He stated he does not feel that s1~~rk attacks are an issue at all. Mr. Abernethey stated the problem is once the fish is hooked that struggling fish whether it be a shark ar another fish will emit an electric stimulus and vibration that swimmers cannot hear at all but sharks can hear it from far away. He stated to a shark the vibration and electrical stimulus that they feel means that there is definitely a meal at the end of the trail. Mr. Abernethey stated the shark comes in at full speed and they see a baiter's foot and they take a bite and ignore it because they actually wanted the fish. Adam McTulick, 1010 N.W. 132°d Avenue, Sunrise, FL 33323 member of the South Florida Students Shark Pra am out of the Universi of Miami, has a Bachelors of Science Degree in Marine Science and Biolagy from the University of Miami, and is working an a Masters Degree in Science at Nova Southeastern University and his research is regarding sharks), stated part of the problem is when you put something in the water and you have a shark near the beach regardless of whether or not it is put 240-544 yards out the shark still comes in within the 19 47/21/49 300 feet of the beach. He stated that vibration attracts sharks because there is a potential meal there. Mr. McTulick stated to increase tourism on the beaches you need more people and the mare people in the water means a higher risk of shark attacks especially if there is a higher number of sharks by baiting and sharks being caught on line. He stated if these were something like rabbits that breed quickly this may not be as big of an issue but the problem is sharks are in decline up to 90% of their population. Mr. McTulick stated we can create regulations to restrict on this Delray beaches so that there can be fishing because he respects that people do have the right to fish. He stated the problem is that it is not sustainable the practices that they are using, Mr. McTulick suggested some kind of regulation that highly restricts shark fishing but does not ban it altogether and we have the responsibility to make sure that the sharks are protected because they cannot protect themselves. He feels if the Conunission denies this ban the City would be placing people and sharks at risk. John Doors, Jupiter Drive Jupiter, FL, stated that the Captain baits sharks and draws them to his boat as part of his living and nobody has gotten bit. He stated there are no dead sharks on the website that was referenced. Lillian Mueller, 4520 S.W. 163~d Path, Miami, FL, 33185 (wife of Herbert Mueller), stated her husband loves fishing and is a conservationist. Mrs. Mueller stated he has taken young men under his wing and has taught them how to shark fish and how to properly bring them in and how to take them out. She stated she has personally been fishing with him and there is na harm to these fish. Mrs. Mueller stated the fishermen go at dusk and leave at dawn. Jennifer Cassman, 8581 Telberry Lane, Boca Raton, FL (business owner in Deiray Beach), stated her son is 14 years old and has been befriended by these gentlemen as far as shark fishing. Ms. Cassman stated she knows where he is an a Friday or Saturday night and she knows what he is doing. She stated with regard to the churn bags and other things that the divers are swimming into, who is to say that it does not come from another boat and how do we know it is because of them. Julian Monday, 1023 Vender Avenue, Delray Beach, FL, stated he has been shark fishing for several years and has only had one shark die in all those years out of about 200 sharks: He stated the organization is all about conservation and teaching future anglers to keep the population of the sharks up. Chris Nicklin, 1454 S.W. 4th Avenue, Delray Beach, FL, stated both sides have made some very good points; however, asked that everyone came to a compromise. There being no one else from the public who wished to address the Commission regarding Ordinance No, 37-09, the public hearing was closed. Mr. Frankel asked if regular fishing is allowed at the beach. Terrill Pyburn, Assistant City Attorney, stated regular fishing is allowed at the beach, however, 20 07121109 the lifeguards direct them to go to the north end of the beach {north of Atlantic Avenue). Mr. Frankel stated he loves Delray Beach and he has seen sharks in the waters and we are lucky to have such a great staff of lifeguards who win competitions and are among the best in the State of Florida. He stated you have to balance the sport of shark fishing versus the safety of our swimmers and balance the anglers' right versus the rights not to swim with shacks. Nir. Frankel stated the points made this evening are very good and tonight he has heard many Delray Beach residents in support of the ordinance and therefore he supports the ordinance as well. Mr. Fetzer stated he is a sport fisherman and considers himself to be a conservationist and the beach in Delray Beach is an extremely important resource to our city. He believes that we need to try to have the regulations on our beach so that it is a safe place for residents. Mr. Fetzer stated he feels chumming and doing some of the things that are going to be prohibited in this ordinance make it a less safe place. He feels that safety is the issue and supports the ordinance. Mr. Eliopoulos expressed concern over the act of chumming on the beach. He stated he goes to New Smyrna Beach and has been going there for the last six years and there is a difference with their beaches because it is so overran with activities. lVir. Eliopoulos stated Delray Beach only allows swims~zing and there are boats at the south and north end. He stated he is happy that we have not had a shark attack in 34 years but he does not want to jeopardize those odds and start having chumming off of our beach. Mr. Eliopoulos stated it appears that the chumming is drawing the sharks in and understands the sport of it. He is concerned with public safety and that the citizens are able to swim on this beach. Mayor McDuffie stated he is a recreational fisherman and diver and former employee of the $ureau of Sport Fisheries and Wild Life of the United States Department of Interior and former employee of Florida Game and Fresh Water Fish Commission and has experienced many years of what many people are speaking of tonight, Mayor McDuffie stated when this issue came up he asked the Attorneys to make certain that they did not craft sometlairag that was going to compromise the ability of recreational fishermen to fish from the City of Delray Beach public beaches. He stated the issue at that paint was chumming from the beaches and trying to attract predators to the beach. Mayor McDuffie stated sharks have far more to fear from us than we have from them. He stated this is a public safety issue and would like to make sure that the ordinance is clear to the point where sport fishermen have the ability to fish from this. Mayor McDuffie stated there is no way you can determine what is going to bite at the other end of the hook and the discussion with the Attorneys was that if you catch it you release it. He stated there is no way to regulate exactly what happens with equipment on the beach and noted that the City is trying to keep the treasure that is our public beach safe for the people who come to Delray Beach for the utilization of the beach. Mayor McDuffie stated it is a treasure of ours and it is something that we want to keep safe for our bathers. Ms. Pyburn stated Atlantic Dunes Park is included in the municipal beach 21 0112 2109 {within 300 feet of the municipal beach), She stated this would be enforced mostly by the Police Department since shark fishing is usually an event that occurs in the evening after hours; however, to the extent it occurs dluzng the day, it would be enforced by Code Enforcement and would be a civil citation. Mr. Eliopoulos asked what time the beach closes. Ms. Pyburn stated the beach closes at sunset. Mayor McDuffie stated the City of Delray Beach does not prohibit someone from using cut bait on a hook to fish from a recreational standpoint off of Delray Beach. Ms. Pyburn suggested that the Commission clarify Section 101.37{B) of the ordinance. IVIr. Eliopoulos moved to adopt Ordinance No. 37-09 on Second and FINAL Reading by adding the language to Section 101,37(B} to include "this shall not prohibit someone from using a piece of cut bait an an individual line that is used for general fishing", seconded by Mr. Fetzer. Upon roll call the Commission voted as follows; Mayor McDuffie -Yes; Mr. Eliopoulas -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 32-09 (FIRST ~tEADING/FIRST PUBLIC HEARING: Consider acity-initiated amendment to the Land Development Regulations {LDR} Section 4.4.13{B){3), "Principle Uses and Structures Permitted", to clarify that "Public Open SpacelPlaza", is a principal (permitted) use within the Central Business District {CBD). Ifpassed, a second public hearing will be held on August 4, 2009. The caption of Ordinance Na. 32-09 is as follows: office.} AN ORDIN~-NCE OF THE CITY COIU~.VIISSION OF THE CITY OF DELRAY BEACH, FLORIT?A, AlVIENDING Tl`lE LAND DEVELOPMEN'T' REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.13, "CENT"RAL BUSINESS {CBD} DISTRICT", SUBSECTION {B), "PRINCIPAL USES A~~D STRUCTLJI2ES PERMITTED", TO CLAR:TFY THAT PUBLIC OPEN SPACE/PLAZA IS A PERMITTED USE IN THE CENTRAL BUSINESS DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, ~,NJD AN EFFECTZ'-lE DATE. {The official copy of Ordinance No. 32-09 is on file in the City Clerk's The City Attorney read the caption ofthe ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida 22 07/21109 and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is to clarify that public open space/plazas are a permitted use in the CBD {Central Business District} zoning district. Mr. Dorling stated the current LDRs allow several public facilities in the CBD District; however, it is mute with respect to the existing parks such as Wor~lling Park and Sarah Gleason Park and the proposed open space plaza currently proposed at the southwest corner of West Atlantic Avenue and S.W, 5~' Avenue. At its meeting of June 15, 2449, the Planning and Zoning Board considered the text amendment and the Board recommended approval with a 4 to 4 vote. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 32-09, the public hearing was closed. Mr. Fetzer moved to approve Ordinance No. 32-49 on First ReadinglFirst Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie - Yes. Said motion passed with a 4 to 4 vote, 10.E, URDINA~NCE ly'C}, 33-09 {FIRST READINGIFIRST PUBLIC HEARIlYG~: Consider achy-initiated amendment to the Land Development Regulations {LDR) 2.4,3{x), "Fees", Sub-subsection {1), "Development Applications", Sub- subsection {3), "Permit Fees", to provide for an increase in such fees. If passed, a second public hearing will be held on August ~, 2449. The caption of Ordinance No. 33-49 is as follows: office.) AN ORDINANCE OF THE CITY OF COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY A,I`~IENDING SUBSECTION 2,4.3{K), "FEES", SUB-SUBSECTION {1), "DEVELOPMENT APPLICATIONS", SUB-SUBSECTION {3}, "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN SUCH FEES, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, A,~~D fi-N EFFECTIVE DATE. {The official copy of Ordinance No. 33-49 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 ofthe City ofDelray Beach, Florida. 23 4?!21149 Paul Dorling, Director of Planning and Zoning, stated the fee schedules had not been changed far many years and in 2443 the City Camrnission directed staff to process changes as needed every two years. Staff has researched adjacent municipality fee schedules far similar development activities and has determined that an additional increase in the Development Application fees of 5% is justified. The proposed amendment also establishes a new fee of $154,44 far legal review of documents, a fee of $75,44 far an applicant's request far postponement ar continuance at the Board meeting, a fee of $54.40 for "stand alone" bar requests, and a re-submittal fee of $244.44 to be charged on the 3rd and subsequent re-submittals of the development proposals. Also, proposed to the sliding fee structure far site plans, master plans and plat applications far parcels which contain less than 3 acres but may have floor areas in excess of 144,444 square feet or contain aver 144 residential units. Mr, Darling stated the smaller projects were paying the same fee as the very large projects and the very large projects take a lot mare staff time and a lot more review. He stated there are na increases in any of the historic preservation fees because staff wants to encourage that activity. Mr. Dorling stated there is a splitting of a fee far zoning verification letters pertaining to the interpretation of the existing LDRs far a specific use in the amount of $64.44 (one-half reduction of the current fee}, Idowever, requests for zoning verification letters that require research pertaining to previous development activity will be assessed the base fee of $134.44 plus an additional fee of $35,44 per hour for research exceeding 2 hours, At its meeting of June 15, 2449, the text amendment was considered and the Board requested that the re-submittal fee of $204,44 be clarified so that such fee would only be assessed if the 3rd and subsequent re-submittals are required because initial technical camrnents were not addressed in previous submittals and are not a result of new comments or revised proposals necessitated by staff comments. No one from the public spoke on the issue, The Board recommended approval with a 4 to 4 vote (John Miller, Chuck Halberg and Deborah Dowd absent}. Mr. Eliopoulos stated that the City just raised the rates in the North Beach Seagate Overlay District. Mr. Dorling stated that fee is a piece that the City charges for review and then there is a fee that is apass-through fee for the outside agency that reviews the applications. Mr. Dorling stated the increase last year was a result of the pass-through that the other firm had raised their rate and the City's part was not raised last year. He noted that the City raises the fee every two years and that was aone-year cycle. Therefore, staff is requesting to raise the development application fees 5%. Mr. Eliopoulos expressed concern with bitting the residents in the North Beach Seagate Overlay District so quickly with another rate. Mr, Dorling stated staff has contacted the firm that does that and they have agreed to maintain their fee schedule for next year. Mr, Dorling stated the fee is a $944.44 fee that is charged by an outside agency and then there is a, $544.44 that is the application fee far the City (combined $1,440.44}. He stated the $544.44 piece has not been raised for two years. However, last year the piece that is charged by the outside agency was raised from $844.40 to $904.44. Mr. Dorling stated if that is the desire of the Commission staff can take that 5% they are proposing for that one line item and modify it for second reading. 24 47!21/49 The City Manager stated it would be item "bb" to keep it at $1,560.00 instead of increasing it to $1,640.00. Mr. Frankel made reference to Section 2{ 1){{b) in the ordinance and asked for clarification on the definition of DRI. In response, Mr. Dorling stated DRI stands for Development of Regional Impact and the new law 360 basically eliminated that requirement and therefore the City is eliminating the fee. Mr. Frankel stated the millage is proposed to be increased 17% and staff proposes to raise the development application fees 5°l0. Mr. Frankel stated he proposes to raise the development application fees approximately 10-12°fo. 1ttlr. Eliopoulos asked how the City of Delray Beach compares to other municipalities. Mr. Dorling stated we are about mid-range {average). Mr. Fetzer stated this is a balancing situation because the ad valorem tax problems are not going to be solved by these fees. He feels what is being proposed is reasonable and he trades off the balance of promoting development through a reasonable set of fees. Therefore, Mr. Fetzer stated the proposed increase is reasonable and supports it. Mr. Fetzer clarified that he supports leaving the proposed fee at $1,56{}.00 instead ofraising it to $1,640.00 and the rest ofthe fees would remain the same. Mayor McDuffie concurs with comments expressed by Commussioner Eliopoulos and he does not want to double dip. He stated increasing fees or increasing millage rates we are still charging our citizens. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 33-09, the public hearing was closed. Mr. Eliopoulos moved to approve Ordinance No. 33-09 on First ReadinglFirst Public Hearing as amended, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows. nrlr. Fetzer - Y'es; 1VCr. Frankel - No; Mayor McDuffie - ~es; Mr. Eliopoulos -- Yes. Said motion passed with a 3 to 1 vote, Commissioner Frankel dissenting. 10.F. ORDINANCE NO. 35-09 (FIRST READINGIFIRST PUBLIC HEA-RING): Consider a city initiated amendment to Land Development Regulations {LDR} Section 4.6.9, "Off-Street Parking Requirements", Subsection {C), "Number of Parking Spaces Required", Sub-subsection {8), "Multiple Uses", Paragraph {A), "Shared Parking", to allow the utilization of the shared parking calculations table for mixed-use developments when there is no residential use. If passed, a second public hearing will be held on August 4, 2009. 25 07121 /09 The caption of Ordinance No. 35-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF 'T'IIE CITY OF DELRAY BEACH, FLORIDA, AMENDING TfCE LA,1~~D DEVELOPMEN'T' REGULATIONS OF THE CODE OF ORDIN~-NCES, BY AMENDING SECTION 4.6.9, "OFF-STREET PARI~:ING REQUIREMENTS", SUBSECTION {C} , `2+~CTMBER OF PARKIl~TG SPACES REQUIRED", SUB-SECTION {8}, "MULTIPLE USES", PARAGRAPH {A}, "SHA.,ItED PARKING", TO ALLOW THE UTILIZATION OF THE SHARED PARKING CALCULATIONS TABLE FOR MIXED-USE DEVELOPMENTS WHEN A .RESIDENTIAL USE IS NOT PROVIDED, PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, A1`3D p-N EFFECTIVE DATE. {The official copy of Ordinance No. 35-09 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 is to remove the requirement that a residential land use component be included in a mixed-use development before it can utilize the shared parking calculation and it also expands the shared parking option to mixed use projects throughout the city, Current regulations require the project to have a residential component, and also limit the zoning districts to the CBD {Central Business District} GC {General Commercial}, PC {Planned Commercial} and MROC (Mixed Residential Office & Commercial}. Mr. Dorling stated staff believes it is appropriate to apply that same relief wherever mixed use development is proposed, He stated that requiring mixed use project to include a residential component was a deliberate decision when the shared parking calculation was initially enacted. The primary reason was to ensure a residential component be encouraged in the downtown, Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 35-09, the public hearing was closed. Mr. Eliopoulos stated in his practice when they look at these off-street requirements they look at whether it is a hotel versus an office and noted that it makes sense to try and have some of these other developments come on and take advantage of this, 26 07121109 Mr. Frankel moved to approve Ordinance No. 35-09 on First Reading/First Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. 10.G. ORDINANCE NO. 36-09 FIRST READING/FIRST PUBLIC HEARING): Consider acity-initiated amendment to Land Development Regulations (LDR) Section 4.3.4(K), "Development Standard Matrix", pertaining to setback requirements in the Residential Office District (RO). If passed, a second public hearing will be held on August 4, 2009. The caption of Ordinance No. 36-09 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 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION (K), "DEVELOPMENT STANDARDS MATRIX", TO CHANGE THE MINIMUM BUILDING SETBACKS FOR THE RESIDENTIAL OFFICE (RO) DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 36-09 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 Dekay Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is a City- initiated amendment to the minimum building setbacks to the residential office zoning district and that district promotes incentive zoning for all the areas and redevelopment of those areas including retrofitting of existing structures to accommodate professional office and historic properties also to promote rehabilitation of residential structures into office use. Mr. Dorling stated this district is primarily located in Del-Ida Park and Dell Park subdivisions. He stated the large building setbacks for the district are hindering the rehabilitation of the residential structures into office uses and keeping this area from realizing its full potential. At its meeting of June 15, 2009, the Planning and Zoning Board considered the text amendment and the Board recommended approval with a 4 to 0 vote; at its meeting of June 17, 2009, the Historic Preservation Board (HPB) considered the 27 07/21 /09 proposed amendment and the Board expressed concerns about permitting additional development space for new construction, and that the proposed setbacks may erase the need far the variance incentive for contributing properties within the Del Ida Park Historic Disfiriet. The Board recommended approval with the following changes: the side interior setback should be 10 feet; and the rear setback 15 feet, with the exception of those properties abutting the FEC Railway. The proposed setbacks by the HPB are consistent with R-1-A.A, andlor the recent setbacks implemented by the Lake Ida Overlay regulations. At its meeting of Tune 25, 200}, the Community Redevelopment Agency {CRA} recommended approval of the reduced setbacks suggested by staff and supported by the Planning and Zoning Board, Staff recommends that the setbacks be reduced as originally proposed. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 36-09, the public hearing was closed. Mr. Eliopoulos stated he supports staffls recommendation although he appreciates the concerns of the Historic Preservation Board. He stated some of these lots are very narrow and it is very tight to get a driveway around the house to get to the parking in the back and feels the 7 %z foot setback allows for that. Mr. Eliapoulos moved to approve Ordinance No. 36-09 on Flrst ReadingfFirst Public Hearing, seconded by Mr. Frankel, Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopaulas -Yes; Mr, Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. The City Manager stated at the June 16, 2009 City Commission meeting some people expressed concern about the Commission's approval of the time extension for 1000 Palm Trail to allow that project to move forward. He stated with respect to parking associated with redevelopment of the site there are currently 15 spaces with the redevelopment and an additional 10 spaces will be provided including six on-street para11e1 parking spaces on Palm Trail. The City Manager stated these additional spaces should help alleviate past parking concerns. He stated another resident spoke about the condition of the building and said she would like to see it demolished. The City Manager stated it was determined that the masonry portion of the building was structurally sound and could be rebuilt from that. Secondly, the City Manager stated Mr. Ridley expressed concern about having a 100°lo tax credit low income housing project as part of the Villages. The Planning and Zoning staff is in agreement that it would be a detriment to the neighborhood and we continue to assert that a mixed income development as originally 28 0`7121109 proposed is most appropriate. Staff expects to receive a request to modify the original approval and that may include a request to modify the approval to include a 100% tax credit low income project. The City Manager stated staff will keep the community informed if the City receives that type of application. The City Manager stated Ms. Willis expressed concern about an incident that occurred on her street on May 30, 2009. She stated at approximately 9;00 p.rn. she and her daughter were sitting on their private property and she observed several men get out of their vehicles armed with weapons. The City Manager stated Ms. Willis called 911 to report the incident and this was investigated by the Police Advisory Board and Mr. Weil, Chairman of the Board, contacted Ms. Willis who stated the police took a long time to respond. After speaking with Mr. Weil, the Palice Depaci:ment requested that dispatch provide a copy of the tape and the call for service on the date and time in question. According to the transcript the call came in at 10:52 p.rn. and there was a fight with guns involved. There were 3 officers and 1 sergeant dispatched to the call at 10:53 p.m. All officers arrived within 2-5 minutes within being dispatched. The City Manager stated this information was provided to Mr. Weil who in turn contacted Ms. Willis concerning this information. C}n July 13, 2009, Captain Sims attended the Palice Advisory Board meeting. 1Vlr. Weil advised that Ms. Willis planned on attending the meeting; however, once Mr. Weil provided her with the facts regarding her complaint she decided not to attend and she was satisfied with the report. On July 16~' &. 17th, 2009, Captain Sims left Ms. Willis two messages to contact him if she any other concerns regarding the incident. The City Manager stated Captain. Sims spoke to Ms. Willis on July 17, 2009 regarding her complaint. .During their conversation, Ms. Willis stated her complaint was not with the behavior of the officers because she felt that they performed their job and they were able to calm down her daughter during the incident. She advised that her complaint was that some of the officers did not know that the road was there and she was dissatisfied that the road was there at ail, Some of the officers who responded from other beats that they do not normally cover did not know that the road had been extended. The City Manager stated they should not have stated that in the presence of the complainant and the Police Department will address that issue. Lastly, the City Manager stated Pauline Moody had made some continents about a broken vaultlgrave at the cemetery and that has been repaired. 11. From the Public. 11.B.1. Rose Hendrix, 318 N.W. 12th Avenue, Delray Beach, FL 33444, stated she was present at the July 7, 2009 City Commission meeting and made comments in reference to her 9 year old son losing his eyeglasses at the Rapids Water Park, The City Manager stag. his understanding is that Ms. Karch had discussed this matter with Ms, Hendrix. Ms. Hendrix stated as of this date she has heard from no one at this time. Ms. Hendrix stated she asked for a response from the City Commissioners because there are several issues that need to be addressed. Ms. Hendrix stated it is her understanding that since she came on July 7, 2009 to voice her opinion in 29 07121109 reference to the way that her child was treated at the Rapids, that Tonya Smith, Rodger ltibeira, and Linda Karch has approached the City Attorney to try to have her children totally dismissed from the Afterschaol Program and the Summer Camp. She stated she would like this to be investigated and requested a respanse at the next City Commission meeting if not before. Ms. Hendrix stated her 7 year old son is a straight '"A'" student who currently attends Morikami Elementary School and has na disciplinary issues at all and has never been dismissed from any program ar any school, In addition, Ms. Hendrix said her 9 year old son attends Don Estridge High Tech Middle Schaal and is a straight "A1B" student with no disciplinary issues at all and has never been released, dismissed, or kicked out of any programs at a1L Ms. Idendrix requested a respanse to her concerns. 11.8.2. Clifford Wright, 3930 Lowson Boulevard, Delray Beach, FL 33445 owner of Wri ht Communications Technolo located at 401. West Atlantic Avenue, Delray Beach), read a memorandum dated February 12, 2009 into the record written by Temll Pyburn, Assistant City Attorney {Agenda Item 9.D. from the City Commission meeting of March 3, 2009 -Selection of Consultant for the Green Task Farce Online Meeting Bulletin Board). Mr. Wright stated since Wright Communications was the second bidder and CamputerWarx, Inc, rescinded, he feels that Wright Communications Technology should be awarded the bid, 1.1.8.3. Maxine Pierson, 10452 North Green Trail Drive, Bayntan Beach, FL 33436 fAdiunct Professor at Palm Beach Community Calle~e, spent 8 years an an Economic Commission in Minnesota, and has done many things with economic development and the Department of Laborl, stated she is sensitive to revenue enhancement and as a relatively new resident to Florida she became very frustrated because much to her surprise in Delray Beach there are na numbers an the buildings and the signage itself is so hidden behind shrubbery that it is not visible. Ms. Pierson stated she tames from a state where zoning and a number is sacred. She stated depending on the size of the building there are two fact high numbers on each side of the building. Ms. Pierson stated there is an office building an Congress Avenue in Delray Beach that is so poorly marked that the owner of the building gives instructions to staff when he expects someone to arrive almost expecting them to get last, She stated there was a life threatening incident where an individual was having a heart attack in the lobby of this building and the business owner ended up running into the parking lot flagging down EMS because the building itself was so poorly marked. Ms. Pierson stated in terms of revenue enhancement and depending an the size of the building and where it is, the building must be visually marked, unobstructed by verdant growth, visible from the street, and two feet high an each side of the building. She stated the City could give sameane 30 days to get the signage and if the signage is not there then another 30 days it is a $50.00 fine, another 30 days it is a $250.00 fine. Secondly, Ms. Pierson stated she feels there should be jabs for people in Delray Beach and stated there is a school far Certified Nurses Assistants {CNA's) and far people in healthcare and they desperately need funding for training, 11.B,4. Chuck Ridley, 210 N.W. 2"d Avenue, Delray Beach, FL 33444, stated 30 07121109 he was elated to hear that staff supports their concerns with regard to the Villages at Delray project {11 acres} and urged the Corrimissian to also support staff. Mr. Ridley stated they have had the opportunity to have an in-depth conversation with Mayor McDuffie and it was very rewarding and helped them understand the project better. However, Mr. Ridley stated they are clear about the opportunity that this project brings but they are concerned about the negative impact if they lose sight of the big picture and only focus on the 11 acres which appears to be where we are right now. He expressed concern aver what will happen with the negative impact on their conununity with the high concentration of low income rentals and noted that the density becomes an issue. Mr. Ridley stated that he hopes there is an opportunity to receive some stimulus dollars. 11.8.5. Mary Lou Ciambriello, 721 Lindell Boulevard, Delray Beach, FL 33444 (Realtor}, stated in Delray Beach {incorporated and unincarparated} we have 2,916 homes far sale; out of those 2,91{ homes for sale we have 128 in short sale status. Ms. Ciambriello stated there are 1,000 properties in pre-foreclosure, 74 in auction and 222 bank awned. She stated there are 250 that are contingent that will hopefully close and 236 that are pending. Ms. Ciambriello stated it takes approximately ten months to sell a house if they are lucky and not everything an the market today is sellable, She stated with regard to the tax issue, we are going to be pushing out people who come into Florida to buy, we have properties that are non-fundable, we have units where we cannot get loans because so many are behind in their taxes or HOA fees that banks cannot give loans. Ms. Ciambriello urged the City to address this issue and find some way to get these properties fundable. She also thanked the Conunission for Ordinance Na. 37-09. 12. FIRST READINGS: A. None At this point, the time being 9:13 p.m., the Commission moved to Item 9.D. of the Regular Agenda. 9.D. PUBLIC SAFETY SOFTWA,REIREQUEST FOR PROPOSALS: Consider authorization for staff to issue Request for Proposal #2010-05 for procurement of a Public Safety Software System. Doug Smith, Assistant City Manager, stated the City contracted earlier this year with Barry Strock Consulting Associates, Inc. {BSCA} for assistance with the Request for Proposal (RFP} process for procurement of a Public Software System. Mr. Smith stated staff worked with Mr. Strock and noted there was a large group of Police and Fire staff along with IT staff went through the detailed specifications. Mr. Smith stated staff of those departments was unable to review a couple of fizrther iterations of that and staff went through some further refining with the City Attorney's office. The proposal is to request a new Public Safety Records Management, Computer Aided Dispatch, and Mobile DatalField Reporting Software System. Mr. Smith stated if the Commission approves this bid package would be due to be rehuned on October 8, 2009 and there would be a pre-bid meeting in-between that to explain some of the important points to the vendors. I3e stated they would expect a 4-6 month window to the paint in 31 0'7/21!09 time where this would come back to the Commission for recommendation for selection of a vendor. Mr. Smith stated there are some non-substantive changes that staff requests authorization far staff to make minor changes as approved by the City Attorney's office prior to this being released which they anticipate issuing before the end of this month. Mr. Fetzer stated he believes that you have to invest in technology and not be short-sided. He stated this has been part of the City's strategic plan for some time and he supports it. Iti?~r. Frankel concurs with Commussioner Fetzer that this is impari;ant and hopes that the City does not have any problems with this RFP as they did with the computer program bid they discussed earlier. Mr. Eliopoulos concurs with Commissioner Fetzer and everyone is talking about the budget and how we are going to be handling things. Mr. Eliopoulos stated the real estate market really dies when you do not support your public safety and core services. He stated this is going to benefit us and we need to start working on this. Mayor McDuffie asked if the canununicatians from Police and Fire are adequately reflected in the proposal so that it will convey to the perspective vendors what they desire in this package. Mr. Smith stated the important points that they have wanted to include are in the package and noted that there are some sections that may be weaved into another section in the proposal. However, he stated with this proposal combined with the detailed demos that they will have an oppariunity to da that any question that Police and Fire staff may have that maybe did not get answered in this, will get answered in the demo process which is part of Mr. Strock's approach. Mr. Smith stated the Police and Fire staff has had multiple opportunities to review and they had na comments back from this last package that they received. Mayor McDuffie stated in the City of Delray Beach we are automated to an extent and we are not automated to the extent that we need to be, He stated there are things that automation can bring to us that it does not bring to us today that we miss things that we should not miss and we end up spending too much human man power time determining things that can be determined from an automated standpoint. Mayor McDuffie stated we need to put the tools in the hands in the firemen and policemen so that they can get the information that they need to arrive on time and arrive safely, be able to share information and be able to interface with the mapping systems, etc. The City Manager stated we have a situation now where Police officers enter reports on their laptops but the laptop cannot communicate with the mainframe so they have to download their reports and then manually re-enter them. The City Manager stated this should pay for itself overtime. Mr. Frankel moved to approve to issue Request for Proposal #2014-OS for 32 07/21/09 procurement of a Public Safety Software System, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes, Said motion passed with a 4 to 4 vote. 9,E, PROPOSED MILEAGE RATE; Consider approval of a proposed millage rate for FY 2414, and set the budget review and adoption schedule. The City Manager proposes that the City ga with the fully adjusted roll back rate of 7,65 mills which is a considerable increase over the current operating millage rate of 6.39. He stated even at that we were still almost $2 million short and staff has made a number of changes in the budget to make up that shortfall, The City Manager stated in order to do that there are two vacant positions in the Planning and Zoning Department that would be frozen, two Code Enforcement Officer positions that are vacant that would be frozen, five positions in the Police Department that would be frozen, defer the purchase of eight additional take home vehicles, reduce the transfer to the Capital Improvement Plan by $644,044.44 and there are additional line item cuts of $552,004.40. He stated that gets the City to the point where they would be balanced at 7.65 mills. The City Manager stated staff has every intention of reducing the millage rate below that before the budget adoption and noted there are two opportunities to reduce it {i.e. budget hearing on September 14, 2409 tentative millage adoption and again September 22, 2409 adoption of the final millage). The City Manager stated staff is in the process of developing a list of options for things that can be done to further reduce the millage. Some of those would involve negotiations with the unions. He stated all of the contracts are in a position where the City can negotiate anything they need to. For example, the City Manager stated if the City made the decision that we need to have furloughs we can go to all the bargaining units and negotiate that. The City Manager stated all the contracts are up for negotiation fully except to blue collar and that is open for a wage re-opener. He stated the City is trying to come up with ways of being able to continue fine services we have provided and minimizing any layoffs we might have to do. The City Manager stated the Budget Task Force recommended a number of options for increasing revenues and we need to look at those. He stated we need to look at a fire service fee both the City of Boca Raton and the City of Boynton Beach are doing that which could provide several million dollars, The City Manager reconunends having a second Budget Workshop on Tuesday, August 25, 2009. The total millage was 8.0 mills in 2002-2046 and in 2447 we started coming down. The City Manager stated to not grow above 8.4 mills we would need to be at 7.57 instead of 7.65 and he is reasonably confident that we would be able to do that. For example, he stated the City has a list of properties that they believe have committed homestead fraud and the City can generate several hundred thousand dollars in additional revenue once those properties are put on the tax roll without homestead exemption and that is with taking into account monies they may owe far back taxes for prior years. Therefore, the City Manager recommends increasing the millage rate to 7,65 mills. Mr. Fetzer asked what the final number was on the percentage reduction of property values. The City Manager stated the reduction in property values is approximately fifteen percent {15°fo). 33 07/21149 The City Manager stated that increase will hit the homestead properties whereas the commercial and non-homestead properties will end up seeing a tax decrease and some homestead properties that have been purchased in the last year or so will also see a decrease. However, the majority of people who have been in the same place for many years are going to see an increase which is the majority of the taxpayers. The City Manager stated most people got a significant reduction last year because of the additional $25,000.00 homestead exemption. Mr. Eliopoulos supports the Commission having several budget meetings. He will support the 7.65 mills only because we are going to start working at reducing it, The City Manager stated with regard to Fire Station #2, the budget has in it at this level $139,000.00 in overtime pay which will put the fifth person in that station Monday through Friday from 8:00 a,m. - 8:00 p.m. {peak call hours so that they would be fully staffed during those hours). Mr. Frankel stated he received numerous emails regarding the budget. He stated he reviewed the Budget Task Force Report and commented about the double overtime and the amount spent on all the festivals such as the multi-cultural festival and some consolidation to eliminate the duplication of City services, Mr. Frankel there is a lot of concern about the library as well, He stated a seventeen percent (17%) increase is a little high. Mr. Frankel stated every fee went up in Sharon Bock's office by ten percent (10%) and he feels there is a difference between taxes and fees going up because fees are elective. Mr. Fetzer stated he is having trouble with this level of an increase and feels this Commission has to think outside the box because they are faced with a challenge that is as big as any Commission has had to face as long as Delray Beach has been around. He stated the Commission needs to look at some very significant steps this year. Mr. Fetzer stated he would like to know what it would take to maintain the millage rate at 6.39 {$10.3 million gap) and the Commission can go to the residents of Delray Beach and say this is our analysis of what it is going to take to cut $10.3 million out of the budget far Delray Beach. Mr. Fetzer stated this way the Commission can make it clear to the public what services would have to be cut. Mr. Fetzer stated he cannot support increasing the millage rate to 7.65 mills. Mayor McI}uffie stated the value of property within the Community Redevelopment Agency {CRA) went up thirty-seven percent {37%) in a single year and the entire value of the City of Delray Beach went up nineteen percent {19%) and then the bottom fell out. He stated what we are looking at today is basically a wash in an increasing millage rate, a decrease in value, a decrease in sales tax, a decrease in earnings and a decrease in everything else that we have. Mayor McDuffie stated the proposed millage rate will keep things at what we earned last year on a 6.39 millage rate. He commented about the furloughs which would add up to $1.8 million and if this were implemented they could furlough every employee for one day per month. Mayor 34 07121/09 McDuffie stated he looked at how many fiirlough days would the Commission have to take for every eligible employee of the City of Delray Beach to make up the difference they are looking at right now. He stated it is 69.4 work days far every employee in the City of Delray Beach to recover $10.3 million. Mayor McDuffie stated if the Commission makes these draconian cuts in the City of Delray to cut the budget it is bad for the city and the public. He stated if the City laid people off on a constant amount to get back to this millage with using 15°l0 of City employees and there would be approximately 12$ people an the street without jobs and consequently mare foreclosures. Mayor McDuffie stated no one wants to raise the millage rate and he can support 7.65 mills because it has to be to the Property Appraiser's office by August 5, 2009 so it gets on the TR~.IM notice. He stated the Commission can reduce that but if they were to ask to increase it they would have to send out TR:SNI notices to every property owner in Delray Beach again and this is an expense we do not need to go through and it takes a 4 to 1 vote by the City Commission to do that as well. Mayor McDuffie stated this is the largest single decrease in value in revenue in the City of Delray Beach in the history of the city. He stated in the last three years the taxable value in Delray Beach has dropped $20 million. Mayor McDuffie stated they will work in every way that they possibly can to make sure that na one pays an inordinate amount of tax but there are services in the city that would devastate every business that the city has here. Mayor McDuffie stated if the City starts Gutting public safety figures, etc. the City of Delray Beach would not be the same city as everyone knows it today. Mayor McDuffie stated the Commission will do everything possible for the citizens to produce the lowest tax rate they possibly Gan and still da business in the city. Mayor McDuffie stated he will support the rnillage rate at 7.65 mills as a preliminary with the understanding that we work diligently to reduce it. Mr, Eliapoulos stated the Commission previously talked about the city of Delray Beach going to a 37'12 hour work week and still leave the City open five days a week and asked if we know how much this would save the City. The City Manager stated a 3712 hour work is difficult to do in public safety. That is where the furloughs work better although you would have to take the position that you are not going to fill that with overtime. The City Manager stated firefighters would be one shift every three months and it works out the same way and is roughly the same dollar value. The City Manager stated this would save the City approximately $1.$ million {1 furlough day a month for every employee}. Mayor McDuffie stated $10.3 million would be 69.4 fizrlough days for every employee {almost 14 weeks}. Mr. Eliopoulos stated this would only be taking it from one source. Mayor McDuffie stated he has looked at different scenarios and the Commission Cannot look at this coming from just one place. Mayor McDuffie stated the millage rate does not mean taxes. He stated it takes a Combination of the millage rate and the taxable value to come up with taxes. Mr. Frankel Concurs with Comments expressed by Commissioner Fetzer acid stated he would like to see mare information. 35 0'7121109 Mayor McDuffie stated the proposed millage rate has to be sent to the Property Appraiser's office by Wednesday, August S, 2009. The City Manager stated they have asked for the proposed millage rate by the end of this week. Mr. Eliopoulos moved to approve the unadjusted rollback rate (Amendment #1) to '7.3833 with the intention to reduce the millage rate fizrther, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer - No; Mr. FrG-nkel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to I vote, Conunissianer Fetzer dissenting. 9.F. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to the Public Art Advisory Board to serve a two (2) year term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). Mayor McDuffie stated he wished to appoint Mary Minieka as a regular member to serve a two (2) year term ending July 31, 2011. Mr. Frankel so moved, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mayor Mc1)ufCe -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.G. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority to serve an unexpired term ending July 1, 2010. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to appoint Seabron Smith as a regular member to the Downtown Development Authority to serve an unexpired term ending July 1, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -- Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. 9.II. FILLING UNEXPII[2ED TEAM OF CO~'IlYIISSIONER BE1~:NA~RD: Consider the process for filling the unexpired term of Commissioner Mackenson Bernard. (AD.D.END tIM) Mr. Eliapaulos asked for clarification if this is the same format and the timeline as was done far farmer Commissioner Montague. The City Manager stated this is the same format. Mr. Fetzer stated he does not recall the City accepting applications for that long. The City Manager stated the City had less notice with former Commissioner Montague's resignation. Chevelle D. Nubin, City Clerk, stated the last time a Commissioner resigned the application period was open for two weeks, 36 07121109 The City Manager stated the Commission can open application period whenever they choose. Mayor McDuffie stated he would like to see the procedure clarified in writing sa that the Con~xnission can see exactly how that vote goes. Nlr. Fetzer stated he would like to do this sooner because he feels that the Commission needs another person to help with the budget. Mayor McDuffie stated Commissioner Bernard does not leave until August 25, 2009 and therefore they cannot seek someone before he is gone. Mr. Frankel asked how the interviews were conducted and if it was a group interview. Mayor McDuffie stated some did phone interviews, some did personal interviews face-to-face, and some Commissioners did interviews over a course of days. Mayor McDuffie stated he did his interviews in one day in a conference room at the Civic Center. The City Manager suggested to approve the process as outlined and stated if the Commission would like to set a specific date on when they want to start accepting applications his memorandum does not address that; it only states that we should complete no later than August 31, 2009. Brief discussion continued between the Commission and the City Manager regarding when to start accepting applications and the cutoff date. Mr, Fetzer suggested that as soon as the City advertises for Carrimissian Seat #4 then he would like to immediately start accepting applications. The rest of the Commission concurred with Mr. Fetzer. The City Manager stated if the Commission wants to stop accepting applications sooner than August 31, 2009 that is fine as well. Mr. Fetzer stated if the Commission sets the cutoff sooner than August 31, 2009 it would give the Commission a little more time to do the interviews. It was the consensus of the Commission to start accepting applications on Tuesday, August 11, 2009 for Commission Seat #4 (14 days prior to Commissioner Bernard resigning on Tuesday, August 25, 2009} and set the cut-off date for Tuesday, August 25, 2009. N[r. Eliapoulos moved to approve the process as outlined, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulas -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote, 9_I, REVISED PURCHASE AND SALE AGREElVIENTlEAGLES NEST PRClPERTY: Consider approval of the Revised Purchase and Sale agreement between the City of Delray Beach and Dinette Louis far purchase of the Eagles Nest property 37 07121 /09 located at 46 N.W. 1~' Avenue. (ADDE~YI3ilM} Terrill Pyburn, Assistant City Attorney, stated this item is amending a prior agreement that the Commission approved on June 2, 2009 and staff had to remove some items from the agreement in order to meet the lender's requirements. Ms. Pyburn stated this is the property the City is selling in conjunction with the City's agreement Eagles Nest to a homebuyer that meets their requirements and staff was hoping to facilitate their closing a little more quickly but there were items in the agreement that the lender would not approve as proposed. Ms. Pyburn stated the City was trying to let the homebuyer select the appliances but the lender indicated that the appliances have to be provided in the property to begin with. So, instead City staff met with the buyer ahead of time and let them. pick out the items and installed them in the house so once they take ownership it will not be an issue. I1r1r. Fracikel moved to approve the Revised Purchase and Sale Agreement between the City of Delray Beach and Ginette Louis for the purchase of the Eagles Nest property, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Said motion passed with a 4 to 0 vote. At this point, the time being 10;05 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, City Attorney, and City Commission. 13. COMMENTS AND INQUIRIES ON NQN-AGENDA ITEMS. 13.A. City Manager The City Manager stated at the Workshop meeting last week there was discussion of the {}ld School Square Parking Garage retail space coming back to the Commission this evening, He stated the City's appraiser stated it would be at least two weeks before she got her appraisal in. Also, the City Manager stated staff has had the City's Bond Counsel review these proposals and he informed the City that the maximum lease purchase term is 18 months or the City would run into legal problems with the bond issue. The City Manager stated with regard to a concern expressed by 11r1r. Eliopoulos about the Shore Restaurant the Planning Director said he received an inquiry about two months from another restaurant operation but has not heard anything further from them. Mr. Eliopoulos asked if there is anything the City can do about the appearance of this property so that it is not such an eyesore. The City Manager stated once this goes beyond a certain length of time the City can make them demolish it and does not believe they are at that time limit yet. The City Manager stated Mr, Eliopoulos had also inquired about the status of the Hilltopper Stadium and noted that the bleachers are half done and should be finished within the next day or so, all the painting is done, and all the sod is in. The City Manager stated the remodeling of the restrooms is not quite finished and the City has a 38 0?1~ 1109 meeting with the School District on August S, 2009 concerning parking and traffic during the construction period. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.0.1. Mr. Fetzer Mr. Fetzer had na comments or inquiries on non-agenda items. 13.0.2. Mr. Eliopoulos Mr. Eliopoulos thanked the City Manager for the information regarding Hilltapper Stadium. IVIr. Eliopoulos stated his concern is the parking will be in the middle of the City's budget meetings and if there is not proper parking out there then both soccer andlor football starts, this place is going to be jammed packed and we will not be able to focus on a budget. He stated he is happy that the City is having the meeting on August 5, 2009 with the School District and see if this can be worked out with the Schaal Board and/or the contractor. Secondly, Mr. Eliopoulos stated with regard to the public speaking on the shark ordinance he asked for clarification regarding individuals getting 6 minutes to speak if they belong to an association. Mr. Shutt stated the City has those rules far the quasi judicial procedures; however, for the legislative format in the past we have normally allowed that if people belong to an organization we let them speak. Nir. Shutt stated this may not be clear in the rules that pertain to this. Mayor McDuffie stated it would be nice for the Commission to have procedures that are cut and dry. Lastly, Mr. Eliopoulos stated that Commissioner Bernard initially brought this up at the Commission's late meeting and Hated that the Commission has to vote at 11:00 p.m. to proceed past its cutoff time. Mr. Eliopoulos suggested that the Commission vote again at midnight in an effort to end the meeting and not let it extend beyond this time. Mayor McDuffie concurred and noted a meeting extending until 2:00 a.m. is extraordinary. 13.C.3. Mr. Frankel Mr. Frankel distributed an article (sent to him from Qfficer Sal. Arena) from the Sun-Sentinel to the Commission regarding pain clinics and noted there is one operating on Swinton Avenue. He stated according to the article Coconut Creek placed a moratorium on such businesses. Mr, Frankel stated this is an increasing problem that needs to be addressed. 'The City Manager stated he thought that the Legislature adopted something this year. 11r1r. Frankel stated the Legislature held off seven years before 39 0?121/09 adopting a plan and Governor Crist signed legislation this month but it is going to take a couple of years for the statewide prescription monitoring program to be up and running. Mr. Eliopoulos stated staff is working on this. 13.0.4. Manor McDuffie Mayor McDuffie asked if there have been any more incidents on the south parking lot on Seacrest Boulevard {southwest corner of the parcel} of brea]~ing and entering into automobiles. Mr. Eliopoulos stated the City can check with the Police Department but the Seacrest Soccer Complex is closed and Hilltopper it is not being used. Mayor McDuffie stated it is isolated from everywhere and he expressed concern over the number of break-ins to the automobiles. The City Manager stated the lighting was out for a while but before Hilltopper Stadium is used the lighting will be restored. Secondly, Mayor McDuffie commented about a Press Conference in the parking lot at the Police Department about not leaving your children alone. He stated they had Channel 5 coverage and Sun-Sentinel coverage. Mayor McDuffie stated Maroone provided a black automobile and there was a temperature gauge in the automobile and another outside to show the external temperature. He stated when they started the Press Conference they closed the vehicle up and it jumped about one degree per minute and when the Press Conference was finished the internal temperature of that vehicle was 130 degrees. Mayor McDuffie stated a child dies when an automobile's temperature is 10'7 degrees. Mayor McDuffie stated there were same good hints given today and one of them was get a big teddy bear and put it in the car seat and when you put the child in the car seat take the teddy bear and sit it in the passenger's seat next to you in the front seat. He stated if you look over and the teddy bear is there then that is a clue that you have a child in the car seat. Mayor McDuffie stated the other hint was when you load ever~ng up put all your things {i.e. jacket, briefcase, purse} in the back seat so that when you stop and get out you have something to remind you to look in that back seat. He stated the stats were staggering and it is 100°lo preventable. There being no further business, Mayor McDuffie declared the meeting adjourned at 10:18 p.rn. ~~ . ~~. ~ . City Clerk ATTE sd2se+u1 MAY 40 0"7121109 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 July 21, 2009, which Minutes were formally approved and adopted by the City Commission on August 4, 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 became the official Minutes only after review and approval which may involve same amendments, additions or deletions as set forth above. 41 0'7121/09