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09-10-09 Regular Meeting MinutesSEPTEMBER 10, 2009 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Thursday, September 10, 2009. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, 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. Q. AGENDA APPROVAL. Mr. Eliopaulos requested that Item B.A., Request for Sidewalk DeferraU1028 Vista Dei lYTar Drive of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A, and Item B.H., Chan a Order No. 1/Weekie As halt of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. Mayor McDuffie stated that Item $,R, Grant Award/Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) of the Consent Agenda and Item. 9.B., AppeaUSite Plan Review Appearance Board Action/CVStPharrnacy, of the Regular Agenda have been removed. Also, Mayor McDuffie stated there is additional inormation for Item 10.A., Resolution No, 37-09 (Tentative Milla~e Levy) and noted the addition of Item 12.F., Ordinance No. 49-09 by addendum, Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mr. Frankel TJpon roll call the Commission voted as follows: IVIr. Fetzer -Yes; Ms. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 09110!09 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Regular Meeting of August 18, 200}, 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. Mr. Fetzer moved to approve the Minutes of the Workshop Meeting of August 25, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; I1rlr. Frankel - Yes. Said motion passed with a 4 to 0 vote. Mr. Eliopoulos moved to approve the Minutes of the SpecialJWorkshop Meeting of September 1, 2009, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frcuskel -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 6, PROCLAMATIONS: 6.A. Reco~nizin~ Boys and Girls Club Day far Kids Mayor McDuffie read and presented a proclamation hereby proclaiming September 12, 2009 as Boys and Girls Club Day for Kids in the City of Delray Beach, and urged all citizens to join in recognizing and commending the Boys and Girls Club Day for Kids Honor Roll organizations in our area for providing their everyday contributions and commitment to improving the lives of the children and young adults in our communities. Mary Leavenworth came forward to accept the proclamation and stated that they had a successful and. wonderful year. She thanked the City staff and the City Commission for the proclamation, '7. PRESENTATIONS: 1.A. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8. CONSENT AGENDA: City Manager Recoxz~xnends Approval. $.A. THIS ITEM IIAS BEEN MOVED TO TIIE REGULAR AGENDA. 8.8. ACCEPTANCE OF RIGHT-OF-WAY DEED, SIDEWALK EASEMENT AND SIDEWALK DEFERRAL/1023 NASSAU STREET: Approve and accept aright-of--way deed, sidewalk easement and sidewalk deferral agreement for the property located at 1023 Nassau Street. S.C. ACCEPTANCE OF RIGHT-OF-WAY DEED/CARVER SOUARE POCI!~T PARK: Approve and accept aright-af--way deed with the Community Redevelopment Agency associated with the Carver Square Pocket Park, located at the northeast earner of S,W. 3rd Street and S.W. 7`h Avenue. 2 09!10/09 8.D. ACCEPTANCE OF RIGHT-OF-WAY DEEDI'~~EST ATL~-NTIC PUBLIC PLAZA: Acceptance of aright-of--way deed associated with the West Atlantic Public Plaza, located at the southwest comer of West Atlantic Avenue and S.W. 5~' Avenue. 8.E, GRANT APPLICATIONIDEPARTMENT OF TRANSPORTATION {DOT)ITRANSPORTATION IItifVESTMEI~t'I' GENERATING ECONOMIC RECOVERY (TIGER): Authorize staff to submit a grant application to the U.S. Department of Transportation far the Transportation Investment Generating Ecanamic Recovery (TIGER) grant under the American Recovery and Reinvestment Act (t~-1~E~A) for the US 1 and the MLK Drive Beautification projects and approve submittal of a letter indicating that the City will abide by Federal wage rates. 8.F. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)1JOINT PARTICIPATION AGFtEEMENTIBUS SHELTERS: Approve and authorize the execution of a Joint Participation Agreerrient (JPA) with the Florida Department of Transportation (FOOT) to reimburse 54% of the $244,444.44 costs related to the installation of twelve (12) bus shelters in various locations throughout the City. Funding is available from 334-3162-544-65.74 (General Construction FutidlOther ImpravementslTransit Stop Bus Shelters}. 8.G. AMENDMENT NO. 1 TO TFCE AGREEMENT/H & D CONSTRUCTION CO., INC.: Approve Amendment No. 1 to the Construction Contract with H & D Construction Co., Inc. far compliance with additional provisions as required by the Community Development Block Grant-Recovery ~~l2RA Federal Ecanamic Stimulus Grant far the construction of S.W. 14th Avenue Roadway, Alleys, & Drainage Improvements Project. Funding is available from 141-1969-541-68.25 (ARRA Ecanamic Stimulus FD10ther Impravement/S.W, 14~' Avenue-S.W. 2"a to S.W, 1st Street) and 334-3162-541-68.45 (General Canstnzctian Fund/Other ImprovementlS.W. 14t~' Alley Improvement). 8.H. THIS ITEM HAS MOVED TO T~CE REGULAR AGENDA AS ITEM 9.A,A.A. 8&L CONTRACT ADDITION (C.O. NO. 1)IDOWNRITE ENGINEERING CORP,: Approve Contract Addition {Change Order No. 1) to Downrite Engineering Corp. for additional work consisting of the installation of a 6" PVC Water Main along Luke Lane for Area 11A Reclaimed Water System (Contract 3) Project. Funding is available from the current contract Undefined Underground Allowance; therefore, no additional funding is needed. B=J. CONTRACT CLOSEOUT tC.O. NO. 2/FINAL)1CLOSE CONSTRUCTION, INC.: Approve a Contract Closeout (Change Order Na. 2/Fina1} in the amount of an $84,404.44 decrease and final payment in the amount of $27,676.35 to Close Construction, Inc. for the completion of the Area 11A Reclaimed Water In-Line Booster Pump Station (Contract 1) project. Funding is available from 441-5181-536- 65.96 (WaterlSewer FundlOther ImprovementslReclairned Water Transmission), 3 49/14149 B.K. CONTRACT CLOSEOUT (C.O. NO. 2lI~NAL}IIN'TERCOUNTY ENGINEERING, INC.: Approve Contract Closeout (Change Order No. 2lFinal) in the amount of a $16,678.84 decrease and final payment in the amount of $25,071.01 to Intercounty Engineering, Inc. far the completion of the Area 11A Reclaimed Water System (Contract 2). Funding is available from 441-5181-536-65.96 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission}. B.L. HOLD HARMLESS AGREEMENT/BRYCE NEWELL: Approve and authorize a Hold Harmless Agreement between the City and property owner Bryce Newell for the installation of removable fence within the public-right-of way for the property located at 103 N.W. 3Td Avenue. B.M. TEMPORARY CONSTRUCTION EASEMENT AGREEMENT/EASEMENT AGREEI'4IEN'T/OLD SCHOOL SQUARE PARK: Approve a Temporary Construction Easement Agreement and an Easement Agreement for the improvement of certain areas located at the south end of the Old School Square park area and the placement of landscaping in certain areas. B.N. AMENDMENT NO. 2 TO T~CE DISASTER RECOVERY INITIATIVE AGREEMENT/PALM BEACH COUNTY: Approve Amendment No, 2 to the agreement between the City and Palm Beach County for the Disaster Recovery Initiative {DRI) Program to complete twenty-four {24} housing rehabilitation projects for income-eligible residents who suffered damages from Hurricane Wilma, extending the deadline for completion to February 15, 2010. 8.0. INTERLOCAL AGREEMENT/SOLID WASTE AUTfIORITY OF PALM BEACH COUNTY: Approve an Iriterlocal Agreement between the City and Solid Waste Authority of Palm Beach County for the delivery of municipal solid waste to designated facilities and far a municipal revenue-sharing recycling program. B.P, 14ZEMORANDUM OF UNDERSTANDING/STATE HOMELAND SECURITY GRANT: Approve a Memorandum of Understanding with the Florida Department of Financial Services; and accept the 2008-2009 Domestic Preparedness Grant from the State Homeland Security Grant Program in the amount of $54,885.00 for susta'mment and maintenance of equipment. GT~:~-NT AWARDfDEPART'MENT OF JUSTICE/COPS HIRING RECOVERY PROGRAM CHRP : Accept a grant award from the Department of Justice for the COPS Hiring Recovery Program in the amount of $1,360,164.00 to ~d six (6) swami police officer positions for three {3} years. $.R THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.5. GRANT AWARD/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT fJAG) FOR FY 2009: Approve and accept an award of funding in the amount of $70,375.00 through the U.S. Department of Justice's Edward Byrne Memorial Justice Assistance Grant (JAG) Program's 2009 annual solicitation 4 09/ 10/09 (CFDA# 16.73$) to support the salary of an officer to staff the Department's Criminal Justice Academy at Atlantic High School. 8.T. RESOLUTION NO. 40-09 BUDGET AMENDMENT: Consider approval ofResolution No. 40-09 amending Resolution No. 44-08 adopted September 16, 2008, and Resolution No. 26-09 adopted June 16, 2009 and Resolution No. 35-09 adopted August 18, 2009 which made appropriations for necessary expenditures of the City for the FY 200$/2009, by setting forth the anticipated revenues and expenditures for the operating funds of the City for the fiscal year 200812009. The caption of Resolution No, 40-09 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 44-08 ADOPTED SEPTEMBER 16, 2008, RESOLUTION 26-09 ADOPTED JI:1I~E 16, 2009 AND RESOLUTION N0.35-09 ADOPTED AUGUST l8, 2009, V"JHICH MADE APPROPRIATIONS OF StrMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 200812009, BY SETTING FORTH THE ANTICIPATED REVEI~t[TES AND E~PENDITLTRES FOR THE OPERATIld'G FUNDS OF THE CITY FOR THE FISCAL YEAR. 200812009; REPEALII~TG ALL RESOLUTIONS INCONSISTENT HERE~~ITH. {The official copy of Resolution No. 40-09 is on file in the City Clerk's B.U. Alti`.[ENDMENT NO. 1 TO THE AGREEMENT WITH GOVDEALS, INC.. Approve Amendment No. 1 to the Agreement with GovDeals, Inc. to include Fire Department equipment and Environmental Services Depat-~ment fleet vehicles to be sold by the GovDeals.corn Internet site. B.V. RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Mr. Herman Stevens, Community Redevelopment Agency Representative; and Mr, Joseph Pike and Ms. Deborah Dowd, Planning and Zoning Board Representative and Alternate Representative, for terms ending July 31, 201 1, and July 31, 2010. B.W. AMENDMENT NO. 1 TO THE LEASE AGREEMENT11iTERIZON WIRELESS. Approve Amendment No. 1 to the Lease Agreement with Verizon Wireless for use of the City's generator as an alternate power source for the Verizon antenna on the Police Department radio tower. B.X. ADDITIONAL FUNDINGIHOMETOVtjN CONI~TECTION NEWSLETTER: Approve and authorize additional fr~ding in the amount of $1,500.00 09/10109 to CM Graphics to support the cost of printing and mailing the final edition of the Hometown Connection Newsletter for FY 2008-2009. Funding is available from 001- 1316-512-47.10 {General Fund/Printing & BindinglPrintinglBinding Services}. B.Y. SPECIAL EXTENT REQUEST1l.pTg ANNUAL DOWNTOWN DELRAY BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a special event request for the lOt Annual Downtown Delray Beach Thanksgiving Weekend Art Festival to be held on November 2$-29, 2009 fram 10:00 a.m. until 5:00 p.m., to grant a temporary use permit per LDR. Section 2.4.6(F} for the use of N.E. 2n~ Avenue fram the alley just north of Atlantic Avenue to approximately 400 feet north of N.E. 3'~ Street, to utilize the City Hall parking lot far vendor parking, and to authorize staff support far traffic control, security, and Fire Inspector with the sponsor paying all overtime costs. 8.Z. RESOLUTION N0.41-Q9; Approve and adopt Resolution No. 41-09 to request the Governor and Florida Legislature to provide appropriate emphasis in legislation and to fisnd research and infrastructure installation that will lead to and provide for a permanent solution to beach erasion. The caption of Resolution No. 41-09 is as follows: A RESOLUTION OF TIIE CITY COI~iNIISSION OF TIIE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE ASSISTANCE OF GOVERNOR CRIST AS~D THE FLORIDA LEGISLATURE IN ORDER TO PROVIDE ADEQUATE FL:INDING AND STRONGER LEGISLATION DII~.ECTED TOWARD SOLUTIONS FOR THE ENO~OUS PROBLEM OF BEACH EROSION WITHIN THE STATE OF FLORIDA; PROVIDING AN EFFECTIVE DATE. {The official copy of Resolution Na. 41-09 is an file in the City Clerk's office.) 8.A.A. REVIEW OF APPEALABLE LAND DEVELOPIIIENT BOARD ACTIONS; Accept the actions and decisions made by the Land Development Boards far the period August 17, 2009 through September 4, 2009. B.A.B. AWARD OF BIDS AND CONTRACTS: 1. Contract Award to Associated Consulting Professionals in the amount of $350.00 maximum per unit for lead based paint testing andlor risk assessments as needed by households built prior to 1978 participating in the City's housing rehabilitation program, Funding is available from 118-1960-554-49.19 (Neighborhood Servicesl0ther Current Charges/Housing Rehabilitation} and 118- 1963-554-49.19(Neighborhoad Services/Other Current 6 09110109 ChargeslHousing Rehabilitation), 2. Contract Award to Tidwell Plumbing, Inc, in the amount of $18,000.04 far the installation of a Peristaltic Pump and twelve {12) remote pumping centers at the Municipal Marina. Funding is available from 426-4311-575-64.90 {City Marina FundlMachinery/Equiprnent/Other Machinery Equipment). 3. Purchase award to Florida Bullet, Inc. in the amount of $68,384.25 for the purchase of ammunition. Funding is available from 001- 2].1. ].-521-52.20 {General FundlOperating Supplies/General C}peratian Supplies) 001-2115-521-52.19 {General Fund/operating SupplieslSWAT Expenditures). 4. Purchase Award to Mainline Supply Ca. in the amount of $32,248.41 for various piping materials to be installed by the City's in-house construction crew for the S.W. 6`~ Street Water Main Improvements. Funding is available from 442-51'78-536- 68.51 (WaterlSewer Renewal & Replacement Fund/Other ImprovementstWater Main-S.W. 6`~ Avenue). I1riz~. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. Fetzer. Upon rail call the Camznission 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. REGULAR AGENDA: 9.A.A,A. REQUEST FUR SIDEWALK DEFERRAI111028 VISTA DEL MAR DRIVE: Approve a request to defer the installation of a sidewalk along Vista Del Mar Drive far the property located at 1028 Vista Del Mar Drive. Commissioner Eliopoulos declared a conflict of interest and stepped dawn from the dais. Richard Haska, Director of Environmental Services, stated this item is a request far a sidewalk deferral at 1028 Vista Del Mar. Mr. Hasko stated this is a fairly routine request in that area and noted that there are na sidewalks in that entire neighborhood. Mr. Fetzer moved to approve the request for sidewalk deferral for the property located at 1028 Vista Del Mar Drive, seconded by Mr, Frar~lcel. Upon ro11 call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Fracikel -Yes; Mayor McDuffie -Yes. Said motion passed with a 3 to 0 vote. 7 0410/04 9,A,A,A. CHANGE ORDER NO. 1/WEEKLEY ASP)EIALT: Approve Change Order No. 1 in the amount of $25,968.50 to Weekley Asphalt Paving, Inc, far additional work requiring milling and overlaying far the Atlantic Avenue Narrowing Project. Funding will be provided by the Community .Redevelopment Agency and is available in 334-4141-5?2-68.1? (General Construction FundlOther Improvement/Gateway Miniparks ~a I-95}. Mr. Eliopaulos painted out Exhibit "A" the proposal and/or scope far Change Order No. 1 from Weekley Asphalt Paving, Inc. and noted it states "This is only a "Budget Quote" based on what should be expected. The actual cast will be based on field measurements and as agreed to by the owner and Weekley Asphalt Paving, Inc." Mr. Eliapaulas stated he hopes this is a standard thing and it gets removed and that this is the change order. Richard Hasko, Director of Environmental Services, stated this is the change order and that is a stereotypical statement on a change order blank farm. Mr. Hasko stated it is also a typical method when you carne to the end of a construction project. He stated even the initial quantities and the change order quantities are based on measured estimates off the plan. Mr. Haska stated the final quantities are always measured in the field, Mr. Eliapoulos moved to approve Item 9,A,A,A, (formerly Item 8,H,}, seconded by Mr. Frankel 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. 9.A. WAIVER REQUESTSIPINEAPPLE GROVE LI11rIITED: Consider two {2} waiver requests associated with the Class IV site plan modification for Pineapple Grave Limited located on the north side of N.E. lit Street between Pineapple Grove Way and N.E. 1 S` Avenue. (Quasi-Judicial Hearing,} Commissioner Eliapoulos declared a conflict of interest for this item because he is the architect for the developer on another project and stepped down from the dais (for Item 9.A. and Item 9,C,}. Mayor McDuffie read into the record the City of Delray Beach procedures far aQuasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony an this item, Mayan McDuffie asked the Conunission to disclose their ex pane communications. Mr. Fetzer, Mr. Frankel, and Mayor McDuffie had no ex pane communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2009-078 into the record. 09110/09 Mr. Dorling stated this request is for two waivers; one to the required site visibility triangle contained in LDR Section 4.6.14(A)(2) and the other to a requirement for a minimum transparency of glass along the elevation of a building within the downtown area to be 75°lo contained in LDR Section 4.6.18(14)(iv)(2}. These waivers are for a project know as Pineapple Grove Limited and the proposal includes a mixed use development of a hotel and an office building containing 119 hotel rooms, 2,322 square feet of retail floor area, 4,356 square feet of restaurant floor area, 33,350 square feet of office floor area, and one single family residence. The request is that the reduction goes down to 20 feet. At its meeting of August 19, 2009, the Historic Preservation Board {I~PB) approved the Class IV site plan modification for the Pineapple Grove Limited development and recommended approval of the two waivers. Mr. Dorling stated the transparency issue is a requirement for the office building because the parcel fits in the overlay district which requires that minimum transparency is 75°lo and they have proposed 60°la. The HPB considered that and considered the proposal more consistent with that district. Mr. Dorling stated that would require 75°l0 of this elevation to be glass and staff believes both of these waivers are appropriate at this time. Paul Slattery, Slattery & Associates {Architects for the ~ro~ect) stated he and Louis Carbone (developer} are here to answer any questions the Commission may have. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus {attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mr, Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 3 to 0 vote. 9.8. THIS ITEM P[AS BEEN REMOVED FROM THE AGENDA. 9.C. REQUEST FOR. IN-LIEU PARKING SPACES/PINEAPPLE GROVE LTD: Consider a request from Pineapple Grove Ltd, for the purchase of four (4) in-lieu parking spaces in the amount of $31,200.00. Pineapple Grove Ltd is located at the intersection of N.E. 1~` Street between N.E. ls` and N E 2n Avenues. (Q'uasi-Judicial 9 09110/09 Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Scott Aronson, Parking Management Specialist, stated Pineapple Grove Limited is a 119 room hotel containing 1,000 square feet of meeting room, 4,356 square feet of restaurant, and a 33,350 square foot office building is proposed adjacent to N,E. lst Avenue. 11~Ir. Aronson stated LDR Section 4.4.13(G) requires the provision of 0.7 spaces per hotel room and 1 space per 300 square feet of total floor area for the ancillary uses in the hotel. The 33,350 square foot office building requires 1 space per 300 square feet of net floor area which excludes common area elements (i.e. stairwells, public restrooms, machine rooms, etc.). The applicant will be using LDR Section 4.6.9(C)(8)(b) which allows use of the shared parking matrix thereby reducing the 199 space requirement to 173. Mr. Aronson stated they also have a land credit where the owner of the property formerly ov~med the Goad Will building and that section of the code allows for a credit of the vested parking when a property is purchased by a governmental agency for a park or parking purposes. He stated they are providing 129 spaces onsite and will be requesting the purchase of in-lieu ofparking spaces for the in-lieu of parking where an adequate right-of--way exists adjacent to the property. The applicant gets credit for %a of space for every space constructed on-street around the property. Mr. Aronson. stated the applicant will be constructing 20 parking spaces on the perimeter of the property which gives them a ten space credit so they are now required to provide 134 spaces and they are providing 129 resulting in a four space in-lieu. The four spaces require a payment of $7,800.00 each totaling $31,200.00. The owner has opted to pay an in-lieu of parking fee payment agreement with this approval which requires a 50°lo payment upon signing the agreement and two subsequent payments of 25°l0 on the second and third anniversaries. Staff feels the applicant meets the criteria of the Comprehensive Plan of the Future Land Use Element which suggests that accommodating parking meets through innovative actions. The subject property is located directly across from the Old School Square Garage. The Downtown Development Authority (DDA}, the Community Redevelopment Agency (CRA), Pineapple Grove Main Street Board (PGMB), Historic Preservation Board (HPB) and Parking Management Advisory Board (PMAB) at their respective meetings all recommended approval ofthe development proposal. Paul Slattery, Slattery & Associates {Architects for the inroiect} stated he and Louis Carbone (developer) are here to answer any questions the Commission may have. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the in-lieu parking spaces, to please come forward at this time. There being no one from the public who wished to address the Comrnissian, the public hearing was closed. 10 09110/09 There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to approve the Board Order as presented, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes. Said motion passed with a 3 to 0 vote. At this point, the time being 6:29 p.m., Commissioner Eliopoulos returned to the dais. 9.D. FY 2010 TENNIS RATES/TENNIS FACILITIES: Consider approval of the proposed maximum rates for the Tennis Facilities. Robert A. Barcinski, Assistant City Manager, stated Commission is requested to consider the proposed maximum rates for the Tennis Facilities for fiscal year 2009-2010. Mr. Barcinski stated as previously agreed, special rates for Highland Beach residents have been removed. All proposed rate increases are based on market conditions. Due to loss of members, member complaints from the Customer Satisfaction surveys about high rates and loss of play time due to events and since we are one of the highest cost facilities, no increase is recommended for memberships. Staff also recommends not increasing lesson fees, due to current economic conditions. Mr. Barcinski stated Sharon Painter is present for any questions the Commission may have. Mr. Frankel moved to approve the proposed maximum rates for fiscal year 2009-2010 for the Tennis Facilities, 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. 9.E. FY 2010 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the proposed maximum rates for the Lakeview Golf Course. Robert A. Barcinski, Assistant City Manager, stated Commission is requested to consider the proposed maximum rates for the Lakeview Golf Course for fiscal year 2009-2010. Mr. Barcinski stated these fees did not change and is in line with other comparable courses. He stated this course is very price sensitive. Mr. Barcinski stated the maximum rates would be the highest rate that would be charged and based on market conditions the City often promotes specials at rates lower than maximum. Mr. Barcinski stated Sharon Painter is present for any questions the Commission may have. Mr. Eliopoulos moved to approve the proposed maximum rates for fiscal year 2009-2010 for the Lakeview Golf Course, seconded by Mr. Frankel. 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. 11 09/ 10/09 9.F. FY 2010 GOLF RATES/DELRAY BEACH MUNICIPAL GOLF COURSE: Consider approval of the proposed maximum rates for the Dekay Beach Municipal Golf Course. Robert A. Barcinski, Assistant City Manager, stated Commission is requested to consider the proposed maximum rates for the Dekay Beach Municipal Golf Course for fiscal year 2009-2010. Mr. Barcinski stated no fee increases are proposed for daily round rates, except for the weekend premium rate and the 18 hole off-season rate, which will each go up $1.00 per round. Rate changes are recommended for permit holders who will now be able to also play the Lakeview course for a reduced fee. These rates are proposed based on market conditions. Mr. Barcinski stated Sharon Painter is present for any questions the Commission may have. Mr. Frankel moved to approve the proposed maximum rates for fiscal year 2009-2010 for the Dekay Beach Municipal Golf Course, 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. The City Manager stated with regard to the tennis rates, he did not see anything about the court reservation fee that was discussed at the Workshop. Mr. Barcinski stated this was not a fee. He stated what staff would do is hold back a court that members would not pay on and that would be open to daily plays especially to tourists. 9.G. GOVERNMENT SERVICES GROUP INC./FIRE SERVICE ASSESSMENT: Consider a proposal from Government Services Group, Tnc. to conduct the necessary study to establish the legal basis for a Fire Service Assessment. Joseph Safford, Finance Director, stated the City Commission addressed the fact that they may want to develop a fire assessment service fee. Mr. Safford stated although this cannot be put into place for this upcoming budget, there are certain things that have to be done prior to December 31S` on a legal basis for the City to implement it the following fiscal year (2010-2011). The cost for Phase One is a lump sum fee of $50,000.00 while the cost of Phase Two is a lump sum fee of $15,000.00. Mr. Safford stated Government Services Group, Tnc. has done most of the fire service assessment fees in the State and they would execute Phase One and accomplish these items by January 1st. He stated this is anon-budgeted item so if the Commission wishes to institute a fire assessment fee, this is the study they would have to prepare in order to prepare the assessment roll. The City Manager stated it is very important that the Commission do a thorough study to support whatever fees they may choose to impose in the future. He stated it is important that this be done right and that we have the proper legal basis if the Commission chooses to go forward with it. Staff recommends approval so that the City can have the option next year. Brief discussion between the staff and the Commission followed. 12 09/ 10/09 After brief discussion, the City Manager suggested that the City invite representatives of the consultant to attend the Workshop meeting of September 15, 2009 to address the concerns of the Commission. Mr. Eliopoulos moved to table this item, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -- Yes; Mr. Fetzer --- Yes; Mr. Fracikel -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.H. BID PItOTESTBID AWARDlJOHNSON DAMS, INC.: Consider a bid protest from David Foote Environmental Construction, Inc. and consider a bid award to Johnson Davis, Inc, in the amount of $422,175,00 for Qsceala Park Improvements. Funding is available from 442-5178-536-65.85 (Water & Sewer Renewal and Replacement FundlC}ther ImprovementslOsceola Park} and 448-5461-538-65.85 (Storm Water Utility Fundlt}ther ImprovementslOsceola Park}. (Quasz-,Tudicial.Hearin,~ Mayor McDuffie asked the Commission to disclose their ex pane communications. The Commission had na ex pane communications to disclose. Richard Hasko, Director of Environmental Services, entered the Environmental Services Department project file #2004-003 into the record. Mr. Hasko stated this item is a request to deny a bid protest for the first phase construction of the Qsceala Park Infrastructure Project and award the construction project to the second low bidder. The bid opening was held on July 2, 2009 and bids were received from 16 contractors. The apparent low bidder was David Foote Environmental Construction with a bid amount of $409,263.40 and the second low bidder was Johnson-Davis, Inc. with a bid amount of $422,175,00. l~~Ir. Haska stated staff discovered a discrepancy in the David Foote Environmental Construction bid and their mobilizatian/demobilization line item in their bid was about 7 112 °fo oftheir total bid and that value in the bid documents and specifications is required to not exceed 5°l0 of their total bid. He stated on that basis staff considered their bid non-responsive and recommended the award to the second bidder. Mr. Hasko stated some of the concerns staff had with David Foote Environmental Construction is the fact that they are a west coast firm and although the references were good they were virtually all west coast references (i.e. Fort Myers, Naples, etc.). Staff asked far references on the east coast and they supplied references for three other projects (Fort Lauderdale, Hollywood, and Plantation}. Mr. Hasko stated when staff contacted those municipalities those three projects were in the same stage as this one; they were either newly awarded contracts or David Faot Environmental Construction was the law bidder. He stated staff was concerned that they were going to try and tackle 4 sizable projects in this area simultaneously. 1~rlr. Hasko stated the City's concern is their ability to dedicate adequate resources for our project, to maintain the schedule and knowledge of the local area, and things associated with that. Mr. Hasko stated the bid far Johnson-Davis, Inc. was responsive and is a reputable local contractor that has been around for many years and the City has had much success with them on major projects. In addition, Mr. Hasko stated Johnson-Davis, Inc. is a reputable local contractor that has been around for many years 13 09!10!09 and the City has had much success with them on major projects and they are very responsive to the neighborhoods as they are doing the work. Mayor McDuffie asked if anyone from the public would like to speak in favor or in opposition of the bid protest, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus {attached hereto is a copy and made an official part of the minutes}. Mr. Fetzer moved to adopt the Board Order {denying the bid protest} as presented, seconded by Mr. Frankel. 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. Mr, Frankel moved to approve the bid award to Johnson Davis, Inc. in the amount of $422,1'75.00 far Osceola Park Improvements, seconded by Mr. Eliopoulos. Upon zo11 call the Commission voted as follows: Mr. Frankel -Yes; Mayor McDuffie - Yes;1V[r. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9_I. APPOINTMENT OF PERSON TO FILL ITNEXPIRED TERM OF COMMISSIONER BERNARD: Appoint a person to fill the unexpired term of Commissioner Bernard {Seat #4} until the March 9, 2010 Municipal Election. Mayor McDuffie asked everyone to mark their selection on the ballot, sign and date it and then pass the ballot to the City Attorney. 11rIr. Eliopoulos thaalced all the applicants who applied for this position. Mr. Frankel thaclked all the applicants for their willingness to participate and stated all five were very qualified, He stated he hopes the applicants who are not chosen will stay involved and help make Delray Beach a better place. Mr. Fetzer thanked all the applicants who applied for this position. Mayor McDuffie stated he too had the privilege of speaking to five people who stepped up to volunteer to do this job. He stated this is not a job to be taken lightly and is something that requires a lot of time. Mayor McDuffie thanked all five applicants for taping the time to interview with him and stated they were all astute, articulate, and well qualified people. 14 09!10!09 Mayor McDuffie stated former Commissioner Mackenson Bernard who left this seat is now State Representative Mackenson Bernard. Mayor McDuffie congratulated Mackenson Bernard on his election to the House of Representatives to the State of Florida. Brian Shutt, City Attorney announced that the ballots have been tallied and Angeleta Gray has received four (4) votes. Mr. Eliopoulos stated he has had the opportunity to see Angeleta Gray work on the CRA over the last few years and has seen her passion for the City. He stated Ms. Gray is also a successful businesswoman and admires her contributions to the Spady Museum, etc. Mr. Eliopoulos stated this is an appropriate choice and that she is very involved in Delray Beach and extended his congratulations to Ms. Gray. Mr. Fetzer congratulated Ms. Gray. Mr. Frankel welcomed Ms. Gray and stated she is dedicated to the City, the CRA, and the residents of Delray Beach. Mayor McDuffie congratulated Ms. Gray and stated she has served the City well in many capacities and looks forward to having her be a part of the Commission. He noted that Ms. Gray's first meeting will be the final budget hearing (Tuesday, September 22, 2009). 9.J. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1) regular member to the Historic Preservation Board for an unexpired term ending August 31, 2010. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). Mayor McDuffie stated he wished to appoint Darla Sernoff as a regular member to the Historic Preservation Board for an unexpired term ending August 31, 2010. Mr. Fetzer so moved, 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.K. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) student member to the Police Advisory Board to serve an unexpired term ending July 31, 2010. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Brittany Smith as a student member to the Police Advisory Board to serve an unexpired term ending July 31, 2010, 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 0 vote. 15 09/10/09 At this point, the time being 6:52 p.m., the Commission moved to the First Readings portion of the Agenda. 12. FIRST READINGS: 12.A, ORDINANCE NO. 39-09. Consider aprivately-initiated amendment to Land Development Regulations (LDR) Section 4.3.4,, "Base District Development Standards", Subsection {lEI), "Setbacks", Subsection (6), "Special Setbacks", to modify the area where the thirty-foot special combination setback must be provided. If passed, a second public hearing will beheld on September 22, 2009. The caption of Ordinance No. 39-09 is as follows: AN ORDINANCE OF TFiE CITY COIv1MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TIIE LA1`~D DEVELOPMEN'T' F;EGULATIONS OF THE CITY OF DELRAY BEACH, BY ,MENDING SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STAI~~DAS~DS", SUBSECTION {H), "SETBACKS", SLTB-SUBSECTION (6), "SPECIAL SETBACKS" TO MODIFY THE AREA WHERE THE THIRTY FOOT SPECIAL COMBINATION SETBACK MUST BE PROVIDED; PROVIDING A SAVING CLAUSE, A GENEP:AL >~;EPEALER CLAUSE, p-ND .fi~N EFFECTIVE DATE. (The official Gopy of Ordinance No. 39-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Darling, Director of Planning and Zoning, stated this is a privately initiated text amendment to LDR Section 4.3.4{H){6)(c) which is a corribination building and landscape setback for the building with a minimum 20 foot special landscaped area along S.W. 10th Street from 6th Avenue to Military Trail. Mr. Dorling stated staff received an application for the TD Bank and in their submission they did provide the 10 foot landscape setback but they set the building back 14 feet and that was identified as a shortcoming on their site plan. He stated to resolve that they initiated an amendment of this setback. 1VCr. Dorling stated normally this method of achieving compliance with the code would neither be encouraged nor normally supported, however, in this particular case staff believes it has merit. Staff recommends approval as presented. At its meeting of August 1'l, 2009, the Planning and Zoning Board considered this text amendment and recorrunended approval. SGOtt Backman, Attorney representing TD Bank, stated he is present for any questions the Conzxnission may have. 16 a911 oro9 Mr. Fetzer moved to approve Ordinance No. 39-09 on FIRST Reading, 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. 12.8. ORDINANCE 1Y0.45-09: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide far decreased residential and commercial collection service rates for FY 2010. If passed, a public hearing will be scheduled for September 22, 2009. The caption of Ordinance No. 45-09 is as follows; AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CF[APTER 51, '"GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR Cf3C~~.RGES LEVIED", TO PROVIDE FOR DECREASED RESIDENTII~L A1`~D C014IMERCIAL COLLECTION SERVICE RATES FOR FY 2010; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, A,ND AN EFFECTIVE DATE. (The official copy of Ordinance No. 45-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager stated the City's franchise agreement with Waste Management has a provision in it which requires an adjustment of the rates based on the average fuel cost for the year. He stated fuel costs have gone down this year compared to last year and the result is a 2°lo reduction in charges for all of our residential and commercial collection. The City Manager stated those changes in rates are incorporated in the ordinance. Mr. Eliopoulos moved to approve Ordinance No. 45-09 on FIRST Reading, seconded by Mr. Frankel. 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. 12.C. ORDINANCE NO. 46-09: Consider a city initiated amendment to Chapter 71, "Parking Regulations" of the Code of Ordinances by amending Section 71.055, "Cast of Parking or Standing Vehicles in Certain Metered Spaces", to provide for the meter fee charged and listing the parking lots affected; and by enacting Subsection 71.065, "Parking Garages", to provide for the regulation of public parking garages. If passed, a public hearing will be scheduled for September 22, 2009. 17 09/10!09 The caption of Ordinance No. 46-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS" OF THE CODE OF ORDINANCES BY AMENDING SECTION 71.058, "COST OF PARKING OR STANDING VEHICLES IN CERTAIN METERED SPACES", TO PROVIDE FOR THE METER FEE CHARGED AND LISTING THE PARKING LOTS AFFECTED; AND BY ENACTING SUBSECTION 71.065, "PARKING GARAGES", TO PROVIDE FOR THE REGULATION OF PUBLIC PARKING GARAGES, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 46-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Scott Aronson, Parking Management Specialist, stated the ordinance increases the prices for on-street parking east of the Intracoastal from $1.00 per hour to $1.25 per hour and it allows the City to charge fees for the parking garages and establish rules and regulations by resolution. Mr. Eliopoulos asked at what point staff will look at those garages and how would we proceed with a fee. The City Manager stated he expects to bring a resolution on September 22, 2009 and the fees would be in place October 1, 2009. Mr. Eliopoulos moved to approve Ordinance No. 46-09 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. 12.D. ORDINANCE NO. 47-09: Consider acity-initiated amendment to Chapter 92, "Boats and Boating", by amending Section 92.32, "License Agreement for Boat Dockage", and Section 92.33, "Dockage Rates and Fees", to clarify certain language in the license agreement and to modify certain rate structures. If passed, a public hearing will be scheduled for September 22, 2009. The caption of Ordinance No. 47-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING", BY AMENDING SECTION 92.32, "LICENSE 18 09/ 10/09 AGREEMENT FOR BOAT DOCKAGE", AND SECTION 92.33, "DOCKAGE RATES AND FEES", TO CLARIFY CERTAIN LANGUAGE IN THE LICENSE AGREEMENT AND TO MODIFY CERTAIN RATE STRUCTURES, PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTNE DATE. (The official copy of Ordinance No. 47-09 is on file in the City Clerk's office.} The City Attorney read the caption of the ordinance. Linda Karch, Director of Parks and Recreation, stated this ordinance amends the annual expiration date for marina 1zcense agreements from September 30th of each year to the expiration date set forth in the license agreement. The ordinance also removes the minimum charge for dockage, which had been the fee fora 35-foot boat. These modifications are necessary to proceed with the proposal to change the rates at the City Municipal Marina. Mr. Frankel moved to approve Ordinance No. 47-09 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: IVIr. Eliopoulos -Yes; Mr. Fetzer -Yes; M.r. Frankel -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. 12.E. ORDINANCE NO. 48-09: Consider achy-initiated amendment to Chapter 117, "Landlord Permits" of the Code of Ordinance by amending Section 117.02, 44Permit Fees", to provide for an increase in the Landlord Permit fee from $50 per unit to $60 per unit effective October 1, 2009. If passed, a public hearing will be scheduled for September 22, 2009. The caption of Ordinance No. 48-09 is as follows: AN ORDINANCE OF THE CITY C014IJ1~1ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CI=[APTER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCES, BY AMENDING SECTION 117.02, "PERMIT FEES", TO PROVII3E FOR AN INCREASE IN THE LANDLORD PERMIT FEE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 48-09 is on file in the City Clerk's office,} 19 09110/09 The City Attorney read the caption of the ordinance. Lula Butler, Director of Community Improvement, stated this ordinance is to propose increasing the fee and the effective date of the fee will be October 1, 2009. Mr. Fetzer asked if staff has instituted any better enforcement procedures for this. Mrs. Butler stated the City has a 90°lo collection rate on an annual basis. In addition, she stated staff applies a triple fee if that fee is not paid within 90 days and anything extending beyond that process goes to the Cade Enforcement Board, Mr. Eliopoulos moved to approve Ordinance No. 48-09 an FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Rrlx. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote, 12.F. ORDINANCE NO.49-09: Consider achy-initiated ordinance amending Chapter 96, "Fire Safety and Emergency Services", of the Code of Ordinances by amending Section 96.66. "Emergency Medical Transportation Fees", Subsection 96,66(A), to adjust the fee schedule for emergency medical transportation in accordance with the national ambulance fee schedule. The caption of Ordinance No. 49-09 is as follows. office.) AST ORDINANCE OF THE CITY CO11rIlVIISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CF[APTER 96, "FIRE SAFETY AND E14rIERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66 "EMERGENCY 1~rIEDICAL TR~~I~TSPORTATION FEES", SUBSECTION 96.66(A), TO AD7UST THE FEE SCHEDULE FOR EMERGENCY Z~+IEDICAL TRANSPORTATION IN ACCORDANCE WITH THE NATIONAL AMBULANCE FEE SCHEDULE; PROVIDING A SAVING CLAUSE, A GEI+TER~ REPEALER CLAUSE A,ND AN EFFECTIVE DATE. (The official copy of Ordinance No, 49-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. David ,lames, Fire Chief, stated these fees are annual based upon review of comparable cities and staff recommends a reasonable increase. 20 09110!09 Mayor McDuffie asked if these are typical for what the insurance carriers are able to handle in fees for transportation. Chief James stated this is correct. Mr. Frankel moved to approve Ordinance No. 49-09 on FIRST Reading, 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. At this point, the time being ']:OS p.rn., the Commission moved to the Fublic Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10,A. RESOLUTION NO. 37-09 {TENTATIVE MILEAGE LEVY): A resolution tentatively levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness far FY 2010. The caption of Resolution No. 37-09 is as follows: A RESOLUTION OF THE CITY COIv1MISSION OF THE CITY OF DERLAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE A,ND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PA~']VLENT OF PRINCIPAL A.ND INTEREST ON BONDED INDEBTEDI~I~ESS, AND TO ALLOCATE A,ND APPROPRIATE SAID COLLECTIONS THEI~C.EUNDER. (The of3~icial copy of Resolution No. 37-09 is on file in the City Clerk's office.) The City Attorney read the caption of the resolution, 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 budget he initially presented to the Commission called for a tax rate of 7.65 mills which is the adjusted roll back rate that is it is the roll back rate adjusted for growth and personal income, However, the City Manager stated the Commission was not willing to increase the millage to that extent and set the proposed millage at 7,38 which is the unadjusted roll back rate. The City Manager stated he already cut departmental requests by $2 million and the requests were conservative this year because the City knew what kind of budget year they were facing. He stated this reduced millage required another $ l .8 million in budget cuts and revenue increases. The City Manager stated at 7.38 mills the City will collect less real estate 21 o9~la~o9 taxes than they are collecting in the current year and although the tax rate is proposed to increase the actual taxes levied will go down. He stated a majority of the property owners in the city would actually see their property taxes decrease even at 7.38 mills. The City Manager stated in the city there are approximately 32,279 parcels of real estate and 18,368 parcels would experience na increase ar a tax reduction from 2008 {57% at the '7.38 mills}. The City Manager stated staff has worked together with the City Commission aver several work sessions going through a list of different functions and services the city provides to come up with further reductions in the cities expenses. The City Commission has approved a list of reductions totaling $3,272,486.00 and has approved fee increases that should generate another $800,004.00. The City Manager stated between last year and this year the City has cut funding from the budget far 51 full time pasitians and far part-time pasitians equating to a little aver 6 full-time equivalent positions. Staff has worked very hard in numerous areas to reduce City expenses (i.e. in the Police department in 2007 far the first 11 months of the year their overtime cast was $1,466,000.00, in 2008 it was $1,335,000.00 and dais year it is $1,027,040.00. In discussions with the Commission, the Commission has indicated they desire to ga dawn to at least 7.0 mills. The City Manager stated there would either have to be same drastic reductions in city services ar reduce our personnel casts by approximately $2 million. The City Manager stated the Commission will determine the tentative millage this evening and noted they can reduce it further on September 22, 2409 but they cannot increase after this evening. Mayor McDuffie declared the public hearing open. Jim Smith, 1225 Soath Ucean Boulevard, Defray Beach, thanked the Mayor and the City Conamissian for all the hard work and time they put into the budget exercise. Mr. Smith stated the City Commission has acted an all the budget task force recommendations and have made same hard choices and reduced expenditures considerably. He stated when you are in a private business and you are in a recession it is easy to cut back but when you are in City government you have the same services requirement every day {i.e. garbage pickup and streets to clean} and na volume related reductions possible. Mr. Smith stated people are actually asking far mare services and the Police Department may have to make more calls in a recession. He stated many people use free entertainment from the City by going to caxnmunity centers, going to the library, checking out mare books, getting more tapes. Mr. Smith feels the argument could be .made that there should really be mare expenditures not less expenditures in a recession in a city than private industry. 11r1x. Smith stated the City of Delray Beach invested money in the quality of life improvements far the city {i.e. parking garage, more parks, community centers, fixed up the pools, new soccer complex, etc.}. He stated there are operating casts that came along with that for example paying to get the garage cleaned and maintain the parks, etc. l~lr. Smith urged the City Canunission to be careful when making the budget cuts to not cut every penny. Karen Schell. Pension Administrator for the City of Deiray Beach, briefly explained that in the last several years the General ernplayees have been lasing benefits of one sari ar another. First, the 1°lo to the ICMA and employees still question 22 49/10149 why the 3% ICMA match for management employees has not been discontinued, a savings of approximately $184,444.44. Ms. Schell stated employees are now contributing a cost to the medical insurance benefits and noted that this current year and the forthcoming year there will be no increases to our wages yet many expenses have been increased such as water, sewer, electric, and food. She stated it appears that in order to balance the budget all wages must be decreased by 4% %. Ms. Schell stated not only does the elimination of raises and reduction of raises affect our biweekly income it affects our pension as several employees are in their last few years where the average earnings come into play. Recently, several positions have been eliminated and other individuals will now take on extra duties without getting compensated. Ms. Schell urged the City Commission to look at the benefits that the Police and Firefighters are receiving and noted that Firefighters receive Kelly Days and both the Police and Firefighter Retirees have a Health Trust that the City is contributing to. The Police and Firefighters enhanced multiplier of 3%Z % was paid for all retroactive years prior to March 2444 by the City and this created a huge unfunded liability in their pension plan. Ms. Schell stated the General employees had to pay for any and all of their prior years of service. She stated the City will be contributing approximately 38.7°lo towards the Police and Firefighters Plan versus 15.78°lo for General employees and the Police and Fire have continued to receive wage increases. Ms. Schell urged the Commission to be as lenient as possible in decreasing our benefits and noted many employees are also residents of .Delray Beach and are now getting hit with a double whammy; one by taxes and the other by decreased benefits. She urged. the Commission to help General employees save our homes and families. Diona Braswill, Realtors Association of the Paim Beaches. thanked the City Cornmissian for their hard work and commitment to the City. Ms. Braswill stated the Realtors Association are aware of how difficult it will be far the Commission to make some sense of the complicated issues facing us and they support the Commission in the efforts to make them as wisely as possible. She urged the Commission to not increase the millage rate over the 244812449 levels. Ms. Braswill stated the median sale price of a residential home has decreased by over 34°lo from this time last year. She stated by adding another cost to homeownership it will impact this critical market even more. The property value loss is in excess of over 44°I° in some markets and there are still more foreclosures on the horizon. Ms. Braswill stated by increasing the cost of homeownership through a higher millage rate and subsequent higher taxes will only make matters worse. She stated many people are struggling to keep their homes and that these tax rates do mean much to the citizens. Joann Peart, 107 N.W. 9th Street, Delray Beach, thanked the Commission for the work that they have done. Mrs. Peart stated she does not like paying taxes but noted that according to her tax bill the public schools are as much as the City of Delray Beach. She stated the cuts that are going to affect her home, her property values, and her quality of life are in Delray Beach. Mrs. Peart stated she appreciates the cuts the Commission has made in the last couple of years but urged the Commission to not cut so deeply that it affects the quality of life. 23 49114149 Eric Cherry, 11ll South Ocean Drive, Delray Beach, owns a communication business in Delray Beach for over 20 years with approximately 35 employees and for the .first time he has had to stop funding the 441K Plan, lowered how much he pays on medical, cut overtime but has tried to keep the employees intact the best that he could. Mr. Cherry stated he cannot raise his customers' rates because his customers would not pay it. He stated he feels for the City employees but by the same taken they are asking other people that are out of work or cannot make their payments to subsidize them. Mr. Cherry stated he is 56 years old and this is the worst economic situation he has ever been through. He feels there is a difference between the Police Department, the Fire Department, and our schools versus other City services that are provided. 1~rlr. Cherry suggested that the City go to a fee based system and let people make the choices on a daily basis for themselves and urged the Commission to not make it for them. Veronica Cherry, 1111. South Ocean Boulevard, Delray Beach, stated cutting Police and Fire employees would be the last people that she would think of with regard to cutting their jabs and their budget. Mrs. Cherry stated Boca Raton's millage rate is 3.02 versus Delray Beach's of 6.85 and noted that Boca Raton has 86,396 people versus 64,630 population of Delray who also pay for servicing public schools, water, child services, and the Everglades project. She stated Boca Ratan has high mansions out west that pay high property taxes but Delray Beach has homes out west and along A-1-A that their average property taxes are about $180,000,00 per year and this could make up for the less residences. Mrs. Cherry suggested that Delray Beach follow the model of budgeting as like Baca Raton. She read an article into the record regarding the NSP2 Stimulus fianding and asked what the City is doing with this funding. Mrs. Cherry urged the Commission to set fees to the business owners with festivals and beautifying projects and let the people keep their homes instead of making matters worse. Christina Morrison Pearce, 2000 South Ocean Drive, Delray Beach, thanked the Commission for all their hard work on the budget. Ms. Pearce stated she represents commercial property owners throughout the County and presented tax bills from her residential building and her commercial properties representing 11-12% increases. She stated if the City's tax increase goes through some of them are on Atlantic Avenue and the CAM which encompasses real estate taxes, insurance and maintenance an Atlantic Avenue averages $11.24 a square foot. Ms. Pearce stated it is getting very expensive to do business in Delray Beach. She concurred with comments expressed by the City Manager that the taxes are skewed in every direction and stated some people are getting na increases and some people are getting huge increases. Ms. Pearce stated the City's licensing fees have decreased this year by 900 licenses from last year (new and renewed) and the City lost $150,000.00 in revenue from license fees. She stated Delray Beach's downtown is the envy of three counties for people to come here to dinner on Saturday evenings and to shop. Ms. Pearce stated we need to keep the downtown the way it is and urged the Commission to keep the taxes at a reasonable rate. Pauline Moody, 609 S.W. 8th Avenue. Delray Beach, expressed concern over the budget and stated she does not understand the millage rate. 24 09110!09 Scott McGuire, representing the Police Department, urged the City Commission to support the City Manager's recommendations, Gary Walf, 831 S.E. 4"' Avenue, Delray Beach (Qsceola Park}, stated he has a two bedroom two bath rental and pays $10,000.00 in taxes and feels there is tax scam going on in Delray Beach. Leonard Searls, resident of Delrav Beach for 60 years, stated he has seen it evolve and he has benefited greatly by the improvements that have been made. He is very proud of the City of Delray Beach and has had to call an the Fire and Police Department and it has always been first class service which he does not want to see cut. He stated he sold a piece of property to the land trust and that was to provide housing for people that work in the City that really could not afford to live here. He stated there are going to be more foreclosures and people are not going to be able to afford to rent and will go elsewhere to rent. He urged the Commission to cut anything that is frivolous and keep the millage rate down. Brady Myers, employed with the City of Delrav Beach for 22 years, briefly discussed a comparison with the millage rate between corporate America and the City of Delray Beach. Mr. Myers stated the City Manager has been here for 19 years and his decisions have not been driven by emotion but has been driven by dollars and sense and what is good for the City of Delray Beach. Mr. Myers urged the Commission to take the advice of the City Manager and take the emotion out of the decision mal~ing. Dr, Victor Kirson, President of the Board of Directors of Tierra Verde at Delrav Beach and the Vice President of Progressive Residents of Delrav (P,R.C}.D.), briefly discussed the budget and the millage rate. Dr. l~.irson stated if this is a crisis then the City should use reserves so that the Police benefits are not affected. Phil Colnon, 680 N.W. 11t'' Street, Delray Beach, discussed government spending in general, 1trlr. Colnon stated he emailed the City Manager about the City revenues from real estate taxes in six years increased by 84% (2002-2008) and we cannot live an it, Mr, Colnon stated the City Manager emailed hirn back and noted that the revenue from real estate taxes was 66%. He stated if you use 2002-2009 it is still 84°l0 because last year was zero. 11rIr, Colnon asked why the City needs 84°la more cash than they did in 2002. He stated governments should not be growing and we need to reduce even if that means cutting positions. Mr. Colnon stated this is not personal for him and noted that he owns five properties in Lake lda area and his taxes went down. He feels that the City needs to cut at a local level before doing it at a national level. Vinnie Gray, Police Department, stated the City Manager is reliable and asked why the Commission would not take advice from an expert that has been doing this for such a fang time. Mr. Gray stated the Police Department needs the millage rate to be 7.39 in order to be effective far the community. He stated even if the City went with the 7.39 millage increase we can access it and lower it at a later date when times get better economically, 2s 09110109 Shelly Petrolia, 2002 N.W. 4th Avenue, Delray Beach (realtor~~ apposed to the tax rate increase because she thinks we can do better and live within our means with a leaner budget. She stated those homes with falling values should also see falling taxes. Mrs. Petrolia stated many families are seeing their paychecks shrink while their expenses rise and noted that food, gas, electric, water, insurance, and taxes are all on the rise. She stated in order to see an economic recovery we must begin with the sagging real estate community. Mrs. Petrolia stated in her experience as a realtor she has never had a person inquire about specific services of a city and Hated there are certain services that are expectations such as water, sewer, Police and Fire protection. However, she stated almost 100°l0 of the time she is asked about the taxes. Mrs. Petrolia stated there must be a balance with the amount of taxes to support these services. She urged the Commission to keep the mills as they are, find ways to decrease the spending and do this without harming our care services. Mike Owen 2150 South Ocean Boulevard A t. #4-E Deira Beach corninended the Corrunission an what they have done so far with the budget but suggested that as the Commission moves forward to next year that there be a better budgeting process so that the public has a better understanding and something that would better tie specific services in a narrower basis than to talk generally about Police and Fire and they are not broken down enough in order far people to understand them. He stated the City could have incremental cuts that they could make and suggested that in the future the City have a whole different budgeting process that could be more open to help ease what is being done. Mr. Owen stated people live off a monthly budget and homeownership is a big part of that budget (principal, interest, taxes, and insurance). He stated home values and mortgage rates have fallen and the insurance and property taxes have risen. He made reference to "Save Our Homes" which everyone says they do not like because it caps the public spending but stated approximately 67°l0 of people in Palm Beach County voted for Amendment One. Mr. Owen stated that was Hat far tax increases but that was to put caps an the spending of the property ad valorem taxes, He stated the Commission could cut it back to 7.0 mills or reduce lower but the City is not going back to the point that there would be 3.0°lo increase on properties in general from the time when that started. Mr. Owen stated if the City does not continue in a very strong reducing trend they will find another amendment looking for other caps to be placed on the City. There being no one from the public who wished to address the Commission regarding Resolution No, 37-09, the public hearing was closed. Mr. Frankel thanked the Commission, the City Manager and City staff for recognizing the budget problems and stated everyone has acted appropriately. He stated he has been vocal about looking into the possibility of the Police and Fire going to the County and what cost savings this could be to the City, perhaps combining our smaller festivals into amulti-cultural festival to be a cash positive to the City instead of a cash negative. Mr, Frankel stated he has also made comments about parking meters on Atlantic Avenue and discontinuing the shuttle bus service. He stated he had a conversation with an employee regarding emails if the Commission lowers the millage 26 09J10/09 below 7.38 how it will affect employees and he has received many emails from residents about keeping the millage at 7.38. Mr. Frankel stated he has also received emails about no cuts to the Library and Old School Square. Mr. Frankel stated this is very difficult because on one hand no one wants taxes to be raised yet on the other hand no one wants City services to be eliminated and therefore feels there needs to be a balance. Mr. Frankel stated he will support 7.3833 mills with the likelihood of reducing that number when they meet on September 22, 2009. Mr. Fetzer stated there is a lot of good input tonight and the Commission has to vote their conscious on what they think is best for the City. He stated the Commission started setting a millage rate in July because of the deadline the City had to get in for the TRIM notices to go out. Mr. Fetzer stated they can set a tentative millage rate for the TRIM notices and go down as they work through the budget issues. He stated he did not support the 7.38 millage rate because he feels we can do better than that. Mr. Fetzer stated he has been an advocate at keeping the millage rate at last year's level because he does not feel this is the time for a tax increase. He stated he asked the City Manager what the City would have to do to keep the millage rate at 6.39. The City Manager prepared a worksheet cutting a lot of the grants which were proposed to go down substantially (i.e. Old School Square, the Library, EPOCH, etc.). Mr. Fetzer stated staff did develop some other alternatives but not to the extent that he would have liked to have seen. He stated the Commission reviewed the entire fee structure in the City to see if our RFP's are in line with what other municipalities are charging. Mr. Fetzer stated after this the Commission was able to identify $1 million in additional fee revenue and trying to charge fair fees that would make people that are users of the services bear more of the costs based on those fees. Mr. Fetzer stated the City's reserves have been built up over time and is now approximately 18% ($18 million). He stated reserves are built for emergencies and he feels this year has been an emergency and noted that next year will probably be another emergency. Mr. Fetzer stated he does not believe the City can take care of the entire deficit with reserves but it is one source of offsetting some of the tax increase from our residents. Mr. Fetzer stated in some of the Workshop meetings the Commission has discussed lowering the millage to 7.0 mills but he feels we can do better than that. Mr. Eliopoulos stated Delray Beach's success was not because of the real estate boom but because of investment in the downtown. He stated it takes a strong community and a downtown to build up the reserves. Mr. Eliopoulos stated we will not have the same amount of taxes coming in next year from our properties and feels if the City starts taking from the reserves we will not be able to replenish it. Mr. Eliopoulos stated a lot of unfunded mandates come from the State. He stated all the employees are important because that's what makes the City what it is today. Mr. Eliopoulos stated he supports reducing the millage rate to be in the range of 7.2 mills. Mayor McDuffie stated the Commission has spent many weeks trying to cut the budget without cutting services and to some extent with the hard work of the Commission and the Department Heads have actually done that. However, Mayor McDuffie stated they have not cut it to where some of the public would like to see it. He 27 09/10/09 stated last year's numbers take $10.4 million out of the budget. Mayor McDuffie stated the budget is approximately $100 million in the General Fund and about 27% of that is non-discretionary and is tied up in pension funds and tax incremental revenues to the Community Redevelopment Agency (CRA). He stated this leaves the City with $73 million. Mayor McDuffie stated Delray Beach is constantly being compared to Boca Raton and this is based upon a millage rate and a taxable value. He stated if you take the millage rate times the taxable value of the community that is the ad valorem revenues that the City receives to run the City with which are about half of the General Fund (51-53%). Mayor McDuffie stated the rest of it is sales tax, investments, other internal service funds, golf courses, etc. He stated the taxable value of property in Boca Raton today is $17 billion and taxable value of Delray Beach today is $7 billion and Boca Raton has over 1,000 employees and Delray Beach has 814 employees. Mayor McDuffie stated one of the issues that Delray Beach has to deal with that Boca Raton will not have to deal with is we have blighted areas in our city. He stated we need to bring those areas up to standard and in many cases the residents who live there cannot stand the special assessments it would take to get up there. Mayor McDuffie stated many of the things the City of Delray Beach has done and the money that has been brought in from taxes over the last several years is to cure blight areas in this community. He stated this has been done successfully since former Mayor Tom Lynch was in office. Mayor McDuffie stated there has been a resurrection that took place that is like no other city in South Florida and it is different because visionaries have sat on the Commission for decades. He stated it would be reckless for the Commission to go back to last year's millage rate given the things that the City still needs to accomplish in this community. Mayor McDuffie stated we owe it to the employees and the citizens of this community to think everything through and to keep Delray Beach going in the direction it is going and not do anything reckless. He made reference to the changes that have happened in West Palm Beach and stated this happened because the Commissions did not maintain the vision of what was going on when Clematis was so successful. Mayor McDuffie stated the Commission works for 64,200 and they want to do the best that they can for 64,200 people who live in Delray Beach and for the future of this City. Therefore, Mayor McDuffie supports the millage rate that the Commission proposed for the TRIM Notices at 7.38 and stated the Commission will turn over every stone between now and September 22°d to find some more money. Brief discussion between the Commission and the City Manager followed. Mr. Eliopoulos moved to approve the tentative millage rate at 7.3 mills, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - No; Mr. Frankel -Yes. Said motion passed with a 3 to 1 vote, Commissioner Fetzer dissenting. 10.B. RESOLUTION NO. 39-09 (TENTATIVE BUDGET ADOPTION FOR FY 20101: A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2009 through September 30, 2010. 28 09/10/09 The caption of Resolution No. 39-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATNE APROPRLATIONS OF SLIMS OF MONEY FOR ALL NECESSARY EXPENDITLJI2ES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1sT DAY OF OCTOBER, 2009, TO THE 30TH DAY OF SEPTEMBER, 2010; TO PRESCRIBE Tf1E TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR FAY'MENT; AND TO REPEAL ALL RESOLUTIONS ~~IOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTEN'T' WITH THIS RESOLUTION TO T'HE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 39-09 is on file in the City Clerk's office.) The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor McDufFie declared the public hearing open. There being na one from the public who wished to address the Commissian regarding Resolution Na. 39-09, the public hearing was closed, Mr. Frankel moved to approve Resolution Na. 39-09 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Nlr. Frankel -Yes; Mayor McDuffie - Yes. Said motion passed with a 4 to 0 vote. For the record, the City Manager stated Exhibit A attached to this resolution still has the 7.38 and staff will make the appropriate adjustments to acconuzaodate the change to 7.3. I.O.C. RESOLUTION NO. 38-09 (TE]~TTATTVE MILEAGE LEVYlDDA). A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2010. The caption of Resolutian No. 38-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF TZIE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WTI'I.3:II~1 THE 29 09110/09 DOWNTOVTN DEVELOPII~IENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE A~JD OPERATION, t~1`~D TO APPROPRIATE SAID COLLECTIONS THEREL;fNDER. {The official copy of Resolution No. 38-09 is on file in the City Clerk's office.) The City Attorney read the caption of the resolution. 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, Brian Shutt, City Attorney, stated the proposed tentative millage rate of 1.0000 for the Downtown Development Authority {DDA) would not increase from fiscal year 2009 and is 16.55°lo below the rolled-back rate of 1.1982, Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 38-09, the public hearing was closed. Mr. Eliopoulos moved to approve Resolution No. 38-09, seconded by Mr. Frankel. Upon ro11 call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - Yes; Mayor McDuffie -Yes;lVlr. Eliapaulos -Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 42-09: Consider a city-initiated amendment to Chapter 71, "Parking Regulations", Section 71.006, "Surcharge on Parking Fines"; to provide for an increase in the surcharge on parking fines to fund the school crossing guard program. The caption of Ordinance No. 42-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF T~17~ CITY OF DELRAY BEACH, FLORR7A, A111IENDING CI~fAPTER 71, "PARI~IltiTG REGULATIONS", SECTION 71.006, "SURCHARGE ON PARKING FINES"; TO PROVIDE FOR AN INCREASE TN THE SURCI3[ARGE ON PAI2:KING FINES TO FCf1~~D THE SCHOOL CROSSING GUARD PROGRA11jI; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. {The official copy of Ordinance No. 42-09 is on file in the City Clerk's 30 09/10/0} The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Cathy Kozol, Police Legal Advisor, stated this ordinance is to increase the surcharge on parking tickets from $5.44 to $10.40 and this would increase the revenue by approximately $30,000.40. Ms. Kozol stated the parking tickets would go up from $34.00 to $35.00. Mr. Eliopoulos confirmed that the additional revenue generated from this will go towards paying the crossing guards. Ms, Kozol stated this specifically has to go to the crossing guards. The City Manager stated it will not pay the total cost; however, it is that much more towards it. Ms. Kozal stated with regard to the parking tickets after hours their Community Service Officers {CSO's}, when they are not doing accidents, have been assigned to issue parking fines along A-1-A, Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 42-09, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 42-09 an Second and FINAL Reading, seconded by Mr. Frankel. ~J`pon 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. At this point, the time being 8:53 p.m., 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 c~rior public comments and inquiries. inquiries. The City Manager had no response to prior public comments and 11.B. From the Public. None. 31 49f 14/09 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager reported that the Palm Beach County League of Cities has created an Adhac Committee that is wanking on their lobbyist registration system countywide. Secondly, the City Manager stated for anyone who is interested Palm Beach County Cultural Council has a Centennial Beil Project and for $1,909.00 the City can be recognized by getting engraved an the bell. Secondly, Mr. Fetzer had asked some questions about the Solid Waste issues that Mr. MacNamee had raised and are we being underpaid in franchise fees. The City Manager stated the audit that the City conducted is not an audit of franchise fees but is an audit of the containers serving commercial customers. He stated we verified the size of the container, the location, and how frequently it is being collected. The City Manager stated the City has not audited the actual franchise fees themselves and have na plans to da that. The City Manager stated for October through August we received $449,818.00 in franchise fees and noted that this is a 40% increase over last year. The City Manager stated of the $449,818.00, 22°fo or $101,36'7.00 was paid an construction and demolition roll-off containers. He stated if you make an assumption that construction this year was only half of what it was last year then if you were getting construction and demolition franchise fees at the same rate as you did last year, you would see a 71°l0 increase in the revenue instead of 40%, Also, the City Manager stated the number of commercial container customers in December of 2008 was $1,169.00 and in July 2009 it is $1,005.00 {a drop of 14%). He stated a lot of commercial customers have reduced the size of their container or reduced the frequency of collection which causes a drop of franchise fees. The City Manager stated if the Commission would like a detailed audit the only way Mr. MacNamee would be satisfied is if the City hired an outside auditing firm to do it. He stated the City does not have the staff time to do something like that. With regard to receiving the proper reimbursement on special collections, the City Manager stated we are now comparing our billing list that we receive with Waste Management with the special collection directive list that is generated by Code Enforcement. The Commission also expressed concern whether it has been financially in the City's interest to ga with anon-exclusive contract an the construction demolition. The non-exclusive contract is costing the City's residential customers about $56,000.00 a year. The City Manager stated the City's permitted construction demolition haulers have paid $5,000.00 in application fees, $10,500.00 in permit fees, and $15,000.00 in franchise fees over and above the 10°lo franchise fee that Waste Management would be paying under an exclusive arrangement. He stated this is about $30,000.00 in extra revenue against a $56,000.00 extra expense. The City Manager stated presumably builders in the City are getting better prices an C&D containers far their construction projects which was the argument for doing it in the first place but we have no way ofineasuring that. 32 09/10/09 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 IVir. Fetzer stated he had written a memorandum with copies to the Commission raising those three areas that he was still concerned about from a financial standpoint. He stated Mr. MacNamee raised a lot of other issues that he is not sure we will ever resolve to his satisfaction. Mr. Fetzer stated he was under the impression that we were doing an audit of the franchise fees to make sure that we were in fact being reimbursed what we are entitled to under the contract. He stated he is still not comfortable that we have investigated the financial impact of the questions that were raised regarding that. It was the consensus of the Commission to direct the City Manager to obtain a price on what an outside audit would cost the City. 13.C.2. Mr. Eliopoulos IVIr. Eliopoulos congratulated A.ngeleta Gray for her appointment to the Commission. Secondly, Mr. Eliopoulos stated things are getting extremely tough with regards to this budget. He stated it is one thing to have a vision and another thing to implement it and that goes back to the rest of the staff that came into play to make that vision come through. Mr. Eliopoulos stated taking a quick snapshot of our employees you know that Police & Fire do things that we do not want to do but there is a value to the rest of employees that you have to look at with regards to how the success of this City has been and noted that they have actually guided the Commission also. He feels this Commission is doing the best they can with being creative and although they may not all agree how to get there, the Corrunission lrnows they would like to get there. Mr. Eliopoulos thanked the Cor~unission for all the time they have put in with regards to the budget and urged everyone to keep trying the best they can. The City Manager stated if you look at the Worker's Compensation rates there are mare dangerous jobs than Police and Fire. He stated they are not out dealing with the public but they are in trenches with a broken sewer main working in raw sewage and going down in manholes and doing other things that are hazardous. The City Manager stated they are well trained and fortunately the City has very few accidents. The City Manager stated the public does not see them because they are out of view but they aze all vital to the success of the City. 33 09110JOq Mayor McDuffie stated when you start making across the board cuts it is that group of employees that get hit the hardest. 13.0.3. Mr. Frankel Mr. Frankel thanked the City Attorney's office for the information regarding the shuttle bus and stated he looks forward to talking about that at the Workshop meeting to see what appropriate changes we can make to cut back a few more dollars. He stated it has been like a marathon and now they are at the finish line. Mr. Frankel stated the entire Cornmissian has worked hard and he thanked the Department Heads for their input as well with regard to the Budget. He stated he will not jeopardize the City and reiterated that he looks forward to Tuesday evening to see what changes and cuts they can do without affecting essential services and keeping the millage as low as passible. Mr. Frankel congratulated A.ngeleta Gray on her appointment to the Commission. 13.0.4. Mayar McDuffie Mayor McDuffie thanked the City Q.ttorney, staff, and Department Heads for all their work with regards to the budget. Mayor McDuffie stated approximately two years ago the Budget Task Force was appointed and they reported that there was virtually no waste. He stated there were great people on the Committee who met with the. Finance Director for months and worked on trying to bring things to the Commission to cut this budget back on things that the Commission could eliminate that would not decimate our city. Mayor McDuffie stated when the Commission put all of them into force you still see what the Commission is left with. Mayor McDuffie stated this has not been easy and noted that although the Commission disagreed for whatever reason everyone has been respectful with that disagreement. Mayor McDuffie asked the Con~nission if they want to set any other times in addition to the Workshop Meeting of September 1S, 2009 to discuss this. The City Manager stated the Commission can meet Tuesday, September 15, 2009 and if the Commission feels they need to have another meeting after that then they can do so. Secondly, Mayor McDuffie stated he had lunch today with the Literacy Coalition and the keynote speaker was Steve Leveen from Levenger and former Mayor Tom Lynch, Chairman of the Literacy Coalition was there and encouraged everyone to read to kids. Mayor McDuffie stated he talked to them about what the City has in place and they were overwhelmed by what we are already doing. He stated there are certain things the City cannot get rid of because they are crucial to the fixture of our City. He stated he attended the Palm Beach County Broadband Corzunittee meeting and everything has been submitted to Washington. Mayor McDuffie stated reviews will begin September 14, 2009 and will run through. October 15, 2009 and the awards will begin to be made on November 1St. Mayor McDuffie stated if we are 34 09114109 successful and since Delray Beach is now a part of the Palm Beach County group, Palm Beach County would receive $20 million for wireless broadband throughout the County. He stated Delray Beach would have one of the very large areas that would be done (from Swinton Avenue out to I-95 and from Lake Ida Road to Linton Boulevard). Lastly, Mayor McDuffie stated he is on the Palm Beach County League of Cities Lobbyist Registration Committee and noted that former Commissioner and Vice Mayor Jon Levinson spoke, Mayor McDuffie stated the general consensus at this point is to leverage the County system to ask them to make some changes from the League and then we will have to craft our ordinances. He stated this is just one mare effort that we have all made in transparency of government in this comznunity and it is making great progress, Mayor McDuffie stated hopefully by sometime in the next 60 days the Commission will have a decision made about which direction that is going to go. There being no farther business, Mayor McDuffie declared the meeting adjourned at 9:13 p.m. City Clerk ATTES MAYf3R 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 September 10, 2009, which Minutes were formally approved and adopted by the City Commission on Se tember 22 2009, t r City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 35 09/ 10!09 1=0RM 86 MEMORANDUM OF VOTING CONFLICT I~tJR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFF~CER~ LAST NAME-FIRST NAME-MIDDLE NAME NAME pF 80ARD, CflUNC1L, COMMISSION, AUTHORnY, OR CCkNMrTiEE Elio oulos Ga Delra Beach Cit t;ommissian MAIL3NG ADDRESS THE BOARD, COUNCIL, CDMMISSION, AUTHORITY DR COMMITTEE ON 20S Geor a Bash Boulevard WHICH r SERVE Is a UNIT oF: GENCY O NTY CITY QCflUNTY ~ OTHER LOCAL A U CITY C rrtlorida 33444 Palrn Beach 1}elra B ach NAME OFPOLn7CALSUBDIVISIflN: e , B '~ l ~ D ~~ DATE ON wHIGH VOTE OCCURRED e eaC 1 ta ~ O MY POSITION Is: Se tember 1D 2009 g{~ ELECTIVE D APPDINTNE WHO MUST FILE FORM 8F~ This form is for use by any person serving at the rxaunty, city, ar other local level of government on an appointed or elected board, council, commission, authority, ar cx~mmittee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 192.3143, Florida Statutes. Your responsib'slitiesundcr the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending an whether you bald an elective ar appointive position. Far this reason, please pay close attention to the instructions an this form before completing the reverse side and filing the farm. INSTRUCTIONS FOR COMPLIANCE WITH SEGTION 112.3't43, FLORIDA STATUTES A person holding elective or appointive county, municipal, ar other local public office MUST At3STAW from voting an a measure which inures to his or her special private gain ar loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or lass of a principal {other than a government agency) by whom he or she is retained {including the parent organization ar subsidiary of a corporate principal by which he or she is retained}; to the special private gain or loss of a relative; or to the special private gain or lass of a business associate. Commissioners of community redevelopment agencies under Sec. 9 83.356 or 963.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting 'sn that capacity. For purposes of this law, a "relative° includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person ar entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, ar corporate shareholder {where the shares of the corporation are not listed on any national or regional stock exchange}. M t • x • w x • II Y t * f r r x ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; an'd WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these makters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU fNTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the deasion}with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued an other side} CE FORM SB - EFF. 112000 Item 8.A =Item 9.A.A. PAGE 1 APPOINTED OFFICERS (continued) • A copy of the farm must be pravlded immediately to the other members of the agency.- • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating, ' You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the farm must be read publicly at the next meeting after the form is filed. QISC~OSURE OF LC?CAI_ OFFICER"S INTEREST 1, Gary P. Eliogoul©s ,hereby disclose that on September 1(} . 2f) 09 (a) A measure came or will came before my agency which {check one) ~. inured to my special private gain or loss; _ inured to the special gain ar lass of my business associate, ~ , inured to the special gain ar loss of my relative, , inured to the speciai gain ar loss of , by whom 1 am retained; or inured to the special gain or Toss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Sliogoulos Aschitectnre, Inc_,is the architect for the graject~, r ~V + ~~ Date NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $1Q,(}(}0. CE FORM 88 - EFF. 1/2~f7a PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Delray Beach City CammiL~sion MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMnTEE ON 205 Geor a Bush Boulevard WHICH I SERVE IS A UNIT OF: COUNTY ~~ ^ COUNTY ^ OTHER LOCAL AGENCY CITY Delra Beach Florida .33444 Palm. Beach NAME OF POLITICAL SUBDIVISION: Cit of Delra Beach DATE ON WHICH VOTE OCCURRED _. ~ ;. MY POSITION IS: 5eptetnl~er lU, 2009 ~ ELECTIVE O APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F,S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a °relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A °business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: + You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM SB - EFF. 1/2000 Item 9.A ~ PAGE 1 APPC}INTED C}FFICERS (continued} • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for rer~arding the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the faun is filed, E31SCI_{7SURE Qi= LOCAL CJFFICER`S INTEREST 1, Gary Ri -t O'pptil°s ,hereby disclose that on September 10 2p 04 ; (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; „~ inured to the special gain or foss of my business associate, Kepi ~ ~Iic~po'n~-QS ~rchi-teetu7re _ inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or _ inured to the special gain or loss of: is the parent organization or subsidiary of a prinapal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: by which Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112,317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A G1VtL PENALTY NOT TO EXCEED $1Q,OOt). CE FORM 88 - EFF.11240Q PAGE 2 FORM 8B ~E~ORANDUM OF VOTING CONFLICT FOR COUNTY ~UNIGIPA~, AND OTHER LOCAL PUL~LIG OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME C7P 00AR0, COUNCIL, CaMAA1551QN, AUT1fURnY, OR COMMITTEE El3opotil.os Ga Delra Beach Cite Ccmua~Lssian MAIL{NG ADDRESS THE BOARt3, COUNCIL, COMMISSION, AUTHORITY OR COMMrrTFE. ON 205 Geor @ Bush Boulevard vvM#CH 1 SERVE lS A UNrr OF: COUNTY ~`CrrY ^ COUNTY ^ OTNER LOCAL AGENCY CITY Delra Beach; Florida 33444 Palm Beach NAME OF POLITICAL SUBO[VISION: a Beach f Del ~ ti GATE ON wN{CFI VOTE (}CCt1RftEO O r +1 MYPOSITtONfS: September:.~lfl, 20©~ ~ ELECTIVE ~ APPOINTIVE V1-HO MUST FILE FORM 8t3 This form is for use by any person serving at the county, city, or other local level of government on an appointed ar elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a cx~nflict of interest will vary greatly depending on whether you hold an elective ar appointive position. For this reason, please pay close attention to the instructitrns on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 192.3'143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local prlblic office MUST ABSTAIN from voting an a measure which inures to his or her special private gain ar loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or lass of a principal (other than a government agency} by wham he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained}; to the specia# private gain or loss of a relative; or to the special private gain or lass of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and othcers of independent speciaE tau districts elected on a one-acre, one-vats basis are not prohibited from voting in that capacity. For purposes of this ]aw, a °relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-ln-law, mother-in-law, son-in-law, and daughter-in-law. A "husiness associate° means any person or entify engaged in or carrying on a business enterprise with the offleer as a partner, joint venturer, coowner of property, or ~rporate shareholder {where the shares of the corporation are not listed on any national ar regional stock exchange}. ELECTED OFFICERS: in addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assemhiy the nature Of your interest in the measure an which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible far recording the min- ut~s of the meeting, who should in~corpgrate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. however, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you ar at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE'fHE DECISION PRIOR TO THE MEEI'1NG AT WHICH THE VOTE WILL BE TAKEN: • You must complete and fle this form (before making any attempt to influence the decision} wi#h the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. {Continued on other side} CE FORM BB - EFF. 112000 ~~ ~ • C ; pp~ 1 APPOINTEId flFFICEFtS (contincted) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. 1F YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:. You must disclose orally the nature of your conflict in the measure before participating. , • You must complete the farm and file it wikhin 15 days after khe vote occurs with the person re°ponsible for reocirding the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DtSCLQSURE fl~ ~flCAt flFFtCER'S INTEREST 1, tarp EX.icrpoulos hereby disclose that on September ~~ . .- ~ 20 ~~ ; {a} A measure came or will come before my agency which {check one) inured to my special priuate gain or loss; inured to the special gain or loss of my business associate, RuP~ ~ ~~P"~'~~-~~ +~~~~~cture _ inured to the special gain or loss of my relative, inured to the special gain or loss of , by whom 1 am retained; or _ inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows. ~ . . .. ... .~w". Date Filed re NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, RI=NOVAE OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $1t7,t)t)t). CE FORM SB - EFF. 1t2t')t)o PAGE 2 ;~ IN "fHE CITY COMMISSION CHAMBERS OF THE CITY OF DEFRAY BEACH, FLORIDA WAIVER REQUESTS FOR PINEAPPLE GROVE LTQ. ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests regarding the Pineapple Grove Limited Projec# have come before the City Commission on September 10, 2049. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests far the Project. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection 1. WAIVERS: Per LDR Section 4,6.14(A}{2}, the required sight visibilit~r triangles are 40 feet at the intersection of two or more public rights-of--way. The hotel encroaches into the 40-foot visibility triangle at the northwest corner of Pineapple Grove Way and NE 1~ Street. The office building encroaches into the 40-foot visibility triangle at the northeast comer of NE 1 ~ Avenue and NE 1 ~ Street. These encroachments result in a 20•foot visibility triangle at both intersections. The applicant has submitted a waiver request from these sight visibility triangles Per LDR Section 4.6.18(13}(14}(iv){2), the minimum transparency or glass surface area . on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of ?6% of the wall area for that elevation. The proposed office building provides a transparency of 60% along NE 1~ Street and 60% along NE 1st Avenue. The applicant has submitted a waiver request to reduce this requirement from ?5% to fi0°/a. Pursuant to LDR Section 2.4.?{B}{5}, prior to granting a waiver, the approving body shad make a finding that the granting of the waiver: {a) Shall not adversely affect the neighboring area; {b} Shall not significantly diminish the provision of public facilities; (c} Shall not create an unsafe situation; and, {d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property far another applicant or owner. 1Nould a waiver to Section 4.6.14{A}{2} regarding sight visibility triangles, as set forth in the Planning and Zoning staff report, comply with the requirements of 2.4.?{B}{5}? 1 CSit,~yr Cvrssmissson Meet~r`rs~ on ,September I0, 2009. Items 9.A. r ; M Yes X No Would a waiver to Section 4.6.18{B){14}{iv}{2} regarding the minimum transparency or glass surface on the ground floor wall area, as set forth in the Pianning and Zoning staff report, comply with the requirements of 2.4.7{B}{5}? Yes X Na 3. The City Commission has applied the Comprehensive Plan and l.DR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this C}rder are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to suppork its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. S. Based on the entire record before it, the City Commission approves ar denies the waiver requests as follows: LDR Section Approve Deny 4.6.14{A}{2} (sight visibility triangle} X 4.6.18{B}(14}{iv}{2} {glass surface an first floor} X 6. Based on the entire record before it, the City Commission hereby adopts this order this 10th day of September, 2009, by a vote o~_~vor and Q opposed. ATTEST: Nelson S. M M Chevelle Nubin, City Clerk 2 C'st~ Cvmm~i~sivn Meetsng vn September IO, 2©D9; Item 9.A. .. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR PINEAPPLE GROVE LTD. ORDER OF THE CITY CC?MMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This in lieu parking fee request has come before the City Commission on September 10, 2009 from Pineapple Grove Limited. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for Pineapple Grove Limited. All of the evidence is a part of the record in this case. Required fndings are made in accordance with Subsection I. I. IN LIEU PARKING FEE; Pursuant to LDR Section. 4.6.9(E)(3), when additional parking results from in-fill development, which has been vacant for five {5} years or longer, from a change in use, or adding floor space to an existing building; the City Commission may approve the payment of a fee in lieu of providing such required parking. Does the In L'reu Parking Fee request for four spaces meet the requirements of LDR Section 4.fi.9(E){3} and the conditions, if any, listed below? Yes X No. 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E}{3} of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 4. "I"he City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 1 t"st~ C`omm$essvn Meets~g on September IO, 2QD9; Item 9.C. r r in the record including but not limited to the staff reports, testimony cif experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the in lieu parking fee request as set forth above. f. Based on the entire record before it, the City Commission hereby adopts this Order this 10~' day of September, 2Q09, by a vote of _~~ savor and 0 opposed. ATTEST. ~ Nelson S. McDuff ayor ~,.../ - s Chevelle Nubin, City Clerk 2 C'iit~ Crrmmss~ion Meetiryq +nn September ~'II, 20119"; Item 3.C. IN THE CITY COMMISSION CHAMBERS C1F THE CITY OF QELRAY BEACH, Ft_4RIi~A BID PROTEST BY DAVE FOOTE ENVIRONMENTAL CONSTRllGT1ON, INC. ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1, This bid protest has come before the City Commission on September 10, 2009 where the applicant is requesting that the Commission uphold its bid protest to Bid No. 2009- 38, Osceola Park Improvements. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the bid protest by Dave Foote Environmental Construction, Inc.. AN of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection (. 1. BID AWARD The City will select the bid that, in the City's judgment, will best serve the City's interest. Would approving the bid protest best serve the City's interest, Yes No X S. The City Commission has applied the Comprehensive Plan ,and City Ordinance requirements in existence at the time of bid award and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and i~rdinance requirements. 4. The City Commission Ends there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5, Based on the entire record before it, the City Commission approves _ denies X the bid protest. fi. Based on the entire record before it. the City Commission hereby adopts this t?rder this 10th day of September, 2009, by ATTEST: ~~ . ~~ Chevelle Nubin, City Clerk 1 aosed. City Commission Meeting on September 70, 2009; Item 9,I~