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10-20-09 Regular Meeting Minutes
OCTOBER 20, 2009 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, October 20, 2409. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta Gray 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 Pastor Bernard King Sr. with Corner Stone Bible Fellowship. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie noted a correction to Item 8,B., Agreement/Florida De artment of Environmental Protection EP . The correct account number should rea 41-5161-535-54.90. Mr. Elio oulos re uested that Item S.B. Agreement/F,,,, p q lorida De artment of Environmental Protection DEP be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. Mr. Frankel requested that Item S.E., D.U.I. Grant Award/Florida De artment of Trans ortation, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. and that Item S.I., A~reement/Green Meadows Horse & Carriage of the Consent Agenda be moved to the Regular Agenda as Item 9.A,A.A.A. Mr. Fetzer moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 10/20/09 5. APPROVAL OF MINUTES: None. 6. PROCLAMATIONS 6.A. Families Readin To ether Month -November 2009 Mayor McDuffie read and presented a proclamation hereby proclaiming November 2009 as Delray Beach Families Reading Together Month. Janet Meeks, Education Coordinator, came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 57-09: Approve Resolution No. 57-09 Recognizing and cornrnending Rene Gonzales for 30 years of dedicated service to the City of Delray Beach. The caption ofResolution No. 57-09 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING RENE GONZALES FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. {The official copy of Resolution No. 57-09 is on file in the City Clerk's Mayor McDuffie read and presented Resolution No. 57-09 to Rene Gonzales for thirty years of dedicated service to the City of Delray Beach. Rene Gonzales came forward to accept the resolution and gave a few brief comments. Mrs. Gray moved to approve Resolution No. 57-09, seconded by Mr. Frankel. Upon roll call the Cozxamission voted as follows: Mr. Frankel -Yes; Mrs, Gray -- Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Richard Hasko, Director of Environmental Services, gave a few brief comments. 7.B.. Presentation of the Submittals from the Chamber o#' Commerce Contest to Generate Cit Revenue 2 10/20/09 Donna Marie SIoan, speaking on behalf of the Chamber of _Commerce, stated the Greater Chamber of Commerce co-sponsored acity-wide contest to generate ideas for increasing City revenue. Ms. Sloan stated the awards were presented at the Chamber of Commerce Breakfast on September 15, 2009 and the recipients of the awards are as follows: 1$# Place -Laura Reines Monthly Forum Series Idea 2nd Place -Gabrielle Ortner Tiered Beach Parking Decals 3rd Place -Leslie Horenbur er Doggie Bag Stations and other litter/etc. opportunities around the City Mayor McDuffie thanked the Chamber of Commerce for having such a great contest and congratulated all the winners. 8. CONSENT AGENDA: City Manager Recommends Approval. B.A. RESOLUTION NO. 52-09 {TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS1212 SEABREEZE AVEN UE Approve a tax exemption request for eligible improvements to 212 Seabreeze Avenue, and approve Resolution No. 52-09. The caption of Resolution No. 52-09 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO VIRGINIA COURTENAY FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 212 SEABREEZE AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMIlVING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATIONS {LDR) SECTION 4.5.1{M){5); PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 52-09 is on fzle in the City Clerk's 8.8. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 3 10/20/09 S.C. AMENDMENT TO INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve an Amendment to the Interlocal Agreement between the City and Palm Beach County to provide additional law enforcement services on the Intracoastal Waterway during manatee season. S..D.. TRANSFER OF APPOINTMENT FOR LEGAL SERVICEILEWIS LONGMAN AND___WALKER, P.A./FUMERO LAW GROUP, P.A.ISOUTH FLORIDA WATER MANAGEMENT DISTRICT ~~~ RULE CHALLENGES: Approve authorization to transfer the appointment of the firm of Lewis Longman & Walker, P.A., for legal services in conjunction with the South Florida Water Management District (SFWMD) proposal for permanent year round water restrictions, to the Fumero Law Group, PA. 8.E. THIS ITEMS HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.F. GRANT APPLICATIONIFEDERAL EMERGENCY MANAGEMENT AGENCY FEMA : Provide authorization for submission of a grant application to the Federal Emergency Management Agency (FEMA) in the amount of $26,069.00 for the 2009 Fire Prevention and Safety Grant. S.G. GRANT AWARD/ARRA - ENERGY EFFICIENCY & CONSERVATION BLOCK GRANT ECBG :Approve and accept the ARRA - Energy Efficiency & Conservation Block Grant (EECBG) award in the amount of $63$,500.00 which will provide funding to support the installation of energy efficient retrofits (i.e., programmable thermostats, motion detectors and T-8 lighting and ballasts) within all City facilities, Pompey Park outdoor athletic field lighting, Fire Station #1 Solar Energy System and to fund a Sustainability Officer position for one year. S.H. RESOLUTION NO. 5G-U9IBUDGET AMENDMENT: Approval of Resolution No. 56-09 amending Resolution No. 4909 adopted September 22, 2009 which made appropriations far necessary expenditures of the City for the FY 200912010, by setting forth the anticipated revenues and expenditures for the operating funds of the City for the fiscal year 200912010. The caption of Resolution No. 56-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 49-09 ADOPTED SEPTEMBER 22, 2009, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2009/2010, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 200912010, REPEALING ALL 4 10/20/09 RESOLUTIONS INCONSISTENT HEREWITH. office.} (The official copy of Resolution No. 56-09 is on file in the City Clerk's B,~I. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. S.J. SPECIAL EVENT REQUEST/RUN FOR MIRACLESIMILAGRO CENTER: Approve and endorse the 4th Annual Run for Miracles sponsared by the Milagro Center to be held on February 6, 2010 from 7:30 a.m. to approximately 10:30 a.m., grant a temporary use permit per LDR Section 2.4.6(F) for the closure of A-1-A from Casuarina to George Bush Boulevard and Anchor Park from 5:00 a.m. to approximately 10:30 a.m., and authorize staff support for traffic control, barricading and clean up, use of half of the small stage, and a waiver of parking meter fees for Sandoway, Ingraham, anal Anchor Park as well as along Atlantic Avenue from Venetian Drive to A- 1-A from 5:00 a.m. until approximately 11:00 a.m.; contingent upon receipt of an executed hold harmless agreement. 8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 5, 2009 through October 16, 2009. B.L. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Chaz Equipment Co., Inc. in the amount of $99,255.00 for installing a 24-inch valve on the South Central Regional Wastewater Treatment Plant's {SCRWWTP} outfall pipe. Funding is available from 441-5181-536-6596 {Water and Sewer Fund/Other Impravements/Reclaim Water Transmission}. 2. Purchase award to American Traffic Products & Service (ATPS) in the amount of $18,380.30 for aluminum sign blanks and galvanized posts as replacements for the City's sign shop. Funding is available from 001-3141-541-52.20 (General Fund/Operating Supplies/General Operational Supplies). 3. Purchase award to Carus Corporation in an estimated annual cost of $120,000.00 for Fiscal Year 2009-2010 for the purchase of Poly Phosphate at $1,42 per pound for the Water Treatment Plant. Funding is available from 441-5122-536-52.21 (Water and Sewer FundlOperating Supplies/Chemicals). 4. Purchase award to Chaz Equipment Co., Inc. in the amount of $50,000.00 for Sanitary Sewer Manhole Rehabilitation projects. Funding is available from. 442-5178-536-63.82 (Water and Sewer Renewal & Replacement Fund/sanitary Sewer Manhole Rehabilitation). 5 10/20/09 5. Purchase award to Chemical Lime Company of Alabama, Inc. in the estimated amount of $720,000.00 for the purchase of bulk quicklime. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund/Qperating Supplies/Chemicals). 6. Purchase award to Poolsure of South Florida in the estimated annual amount of $51,200.00 for the purchase and delivery of Sodium Hypochlorite. Funding is available from 441-5123-536- 52.21 (Water/Sewer Fund/Chemicals). 7. Purchase award to PVS Technologies, Inc. in the amount of $260,000.00 for the purchase and delivery of liquid and dry Ferric Chloride for the Water Treatment Plant as needed for the period of November 2009 through September 30, 2010. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund/Operating Supplies/Chemicals}. 8. Purchase award to Commercial Energy Specialist in the amount of T $16,100.00 for briquettes (chlorine) for the Pompey Park Pao1 and Delray Swim Club. Funding is available from 001-4135-572-52.21 {General FundlOperating Supplies/Chemicals). Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray - Yes; Mayor McDuffie --- Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -- Yes; Mr. Frankel --- Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. AGREEMENT/FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DEP : Approve a proposed settlement agreement with the Florida Department of Environmental Protection to accept the settlement offer resolving the incident of June 2, 2009 involving the release of wastewater. Funding is available from 441-5161-536-64.90 (Water and Sewer Fund/Machinery/Equipment/Other Machinery/Equipment). Richard Hasko, Director of Environmental Services, stated this item is a request for the Commission to approve staff's proposed resolution to a fine the City received from the Florida Department of Environmental Protection (FDEP} due to an event that occurred on the barrier island during the reclaimed water project constnzction in June. Mr. Hasko stated the contractor did some directional boring as a means to accelerate the project because of the timeframes we were in. Mr. Hasko stated the contractor hit one of the City's force mains releasing approximately 50,000 gallons of wastewater. Mr. Hasko stated the City had it under control within a matter of hours; however, when you go through this process FDEP does an investigation. He stated the City was held partially liable because it appears we did not properly locate that pipe for the contractor. Mr. Hasko stated after a series of meetings with FDEP the fine levied 6 10/20/09 against the City was $10,000.00. The City had the option to pay that fine in cash or provide an in-kind project in the value of at least 1 and lh times the penalty amount thus in the amount of $15,000.00. He stated the best approach was to upgrade our locating equipment and our ground penetrating equipment. Mr. Hasko stated the proposal before the Commission is less than $25,000.00 and staff could find a piece of equipment that upgrades our locating capabilities for the $15,000.00. He stated as staff started researching it they found some very exciting things on the market in terms of some upgraded equipment and software that not only will help staff to more accurately locate different types of material on the ground but it will provide three dimensional coordinates for the pipes underground as staff locates them and will electronically feed that into our G1S system. Mr. Hasko stated there is also a $500.00 administrative fee that staff has to pay as well. Mr. Eliopoulos asked if there are going to be several vendors. Mr. Hasko stated he is not sure if they will do actual competitive bids but they will do quotes because he is sure there is more than one type of this equipment and software out there. Mr. Hasko stated this type of technology will give staff the ability to locate a variety of different materials (i.e. metal pipe, PVC, etc.}. He reiterated that this type of technology will give staff the ability to extend the types of material of pipes that staff can fmd underground. Mr. Hasko stated staff can get that for the $15,000.00 and noted the additional money is for the additional equipment and software that gives staff the ability to get three dimensional locations on the underground pipe network that they can feed into the G1S system. Mr. Fetzer stated on a directional boring project or any project where we are digging in the right-of--way what is the City's responsibility versus the contractor's responsibility in terms of location. Mr. Hasko stated the contractor is required by State law to call for locations from all utilities. He stated when the City receives those requests we have 48 hours to physically locate and mark the facilities within the right-of--way. Mr. Hasko stated if we mark the facilities within X18 hours and the contractor hits them anyway, the repairs are on the contractor and any consequences would fall upon the contractor. Mr. Hasko stated if we fail to locate the utility within that 48 hour period and the contractor proceeds after that which he can legally do and he hits it, then he is not held at fault. Mr. Hasko stated in this case the City did not locate it correctly and accurately. Mayor McDuffie stated in a project such as this it would give them a two dimensional location and then you give them depth after that for them to locate undergrounds. Mr. Hasko stated staff provides only two dimensional and with this new equipment will be able to find the depth. The City Manager stated the As-builts should show the depth but there are 50 years of utility construction without proper as-built. 7 l 0~20~0~ Mr. Eliopoulos moved to approve Item 9.A.A. (formerly Item S.B.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuff e -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer --- Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a S to 0 vote. 9.A.A,A. D.U.I. GRANT AWARD/FLORIDA DEPARTMENT OF TRANSPORTATION: Approve acceptance of a grant award from the Florida Department of Transportation (FDOT) in the amount of $87,05$.00 for funding for the Police Department's Driving Under the Influence (D.U.I.} program. Funding is available from 001-2115-521-12.10 (General Fund/Regular Salaries). Mr. Frankel stated he moved this item off the Consent Agenda after speaking with the City Attorney being that he does not believe there is a conflict but since he is in the profession of representing people that could be arrested on suspicion of DUI, he would like to step down for this item. Mr. Eliopoulos moved to approve Item 9.A,A.A. (formerly Item $,E.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A. AGREEMENTIGREEN MEADOWS HORSE & CARRIAGE: Approve an agreement between the City and Green Meadows Horse & Carriage to provide horse and carriage rides along Atlantic Avenue and N.E. 2nd Avenue as specified from November 17, 2009 through April 3, 2010; contingent on the receipt of a certif cote of liability insurance. Robert A. Barcinski, Assistant City Manager, stated the Commission is requested to approve an agreement between the City of Delray Beach and Green Meadows Horse and Carriage to provide service along Atlantic Avenue and N.E. 2na Avenue from November 17, 2009 through April 3, 2010. Mr. Barcinski stated this is a new company and noted the timeframe is shortened. Ten percent of the gross revenue received would 6e donated to the Downtown Marketing Cooperative to offset cash costs for putting up the Christmas tree. Mr. Frankel stated he has issues with the horse and carriage rides in the downtown because it adds to already one of the highest congested areas in our City and it takes up a minimum of four (4} parking spots and in Item 9.A, they are paying far parking spots. He stated last year a man worked who wore a top hat and would regularly smoke cigarettes and flick them out on the street. Mr. Frankel stated he feels this gives a bad view of the City and therefore will not support it this evening. Mr. Fetzer asked how many years has this been operating. Mr. Barcinski stated it has been approximately six (6) years. Mr. Fetzer asked if the City has received any complaints. Mr. Barcinski stated from a traffic perspective there have been no complaints; however, the City has received occasional complaints about the previous vendor regarding lights on the back of the carriages anal one time the City received a S 10/20/09 complaint about not properly taking care of the urine waste. Mr. Eliopoulos commented about a previous complaint about the cars that come over the bridge from the east that if the carriage was going down towards Veteran's Park that the cars could not see the carriage. Mr, Eliopoulos stated he does not know at what speed these cars were driving. Mr. Barcinski stated generally in the major portion of the downtown on the weekends especially during season the traffic is usually moving very slow. Mr. Eliopoulos also commented about the heat concerns. Mr. Barcinski stated that will be eliminated because the cut off will be April 3, 2009. Mrs. Gray asked Mrs. Ferrer why the Downtown Marketing Cooperative switched vendors. Mrs. Ferrer stated the other vendor just left and noted the horses are the same. Mrs. Gray asked how the Marriott feels with this being stationed in their driveway. Mrs. Ferrer stated during the holidays it is located right next to the Christmas tree and the Marriott is happy to have everything because their guests can come right out and get on the horse and carriage. Mrs. Gray asked if there have been any complaints from any business owners. Mrs. Ferrer stated they stop at the Colony Hotel and it adds to the ambience of the downtown. She stated the carriage has the proper triangle lighting in addition to other lights. Mrs. Gray stated the only complaint she has heard about is the slowing down of the traffic. Mrs. Ferrer stated it is pretty slow to start off with and noted that she has not heard any complaints about that and noted that the people who are actually riding in the carriage really enjoy it. Mr. Eliopoulos moved to approve Item 9.A.A.A,A. (formerly Item 8.L), seconded by Mr. Fetzer.. Upon roll call the Commission voted as follows: Mr. Fetzer ---- Yes; Mr. Frankel - No; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 1 vote, Cornrnissioner Frankel dissenting. 9.A. REQUEST FOR IN-LIEU PARKING SPACEIATLANTIC ANTIQUE„ MAIL: Consider a request from Atlantic Antique Mall, located at S06 East Atlantic Avenue for the purchase of three {3) in-lieu parking spaces at a cost of $46,800.00, to accommodate a conversion of use. (Quasi Judicial Hearing) Mayor McDuffie read into the record the City of Delray Beach procedures for aQuasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated the Atlantic Antique Mall located at SOb East Atlantic Avenue is proposing to establish a Subway Restaurant utilizing 1,000 square feet of floor area on the northern portion of the building pursuant to LDR Section 4.4.13(G) which requires the provision of the difference of 1 space per 300 square ft. required for retail versus 6 spaces per 1,000 square feet for 9 10/20/09 restaurants which equals 2.67 spaces rounds up to 3 spaces. LDR Section 4.6.9(E)(3) states if it is impossible or inappropriate to provide the required on-site or off-street parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking. The applicant is requesting to purchase three (3) in-lieu parking spaces at a cost of $15,600.00 per space, totaling $46,800 to be paid via an 1n- Lieu ofParking Fee Agreement. The Comprehensive Plan's Future Land Use Element Policy C-4.1 encourages rehabilitation and revitalization of the Central Business District by addressing several issues, including but not limited to, incentives for mixed use development, allowing outdoor cafes and accommodating parking needs through innovative actions. The proposal furthers the policies, goals, and objectives of the Comprehensive Plan. Although the Cluster Study of 2004 identifies that a desirable mix of retail and restaurant uses in the downtown core area is preferred, staff feels the proposed conversion of use will help sustain retailers in the remainder of the mall, In addition, the availability of reasonably priced meals, predominantly lunch, will serve employees of the surrounding area walking to lunch. At its meeting of September 29, 2009, the Parking Management Advisory Board recommended approval of the applicant's request with a 9 to 1 (Brewer dissenting} vote. The Community Redevelopment Agency (CRA} and the Downtown Development Authority {DDA) at their respective meetings recommended approval of the applicant's request. Staff recommends approval of the request. The applicant was not present. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. Alice Finst, 707 Place. Tavant,,,Delray Beach, FL 33445, stated every time a project such as this nationally known chain has appeared before the Commission the vote has been "no". Mrs. Frost stated it was felt that this did not fit in with the village-by-the-sea. She stated an exception was made for Starbucks and she was under the impression that Starbucks would be the last exception made. Mrs. Frost stated this is not only a parking problem but it brings a change in the appearance of the downtown. She urged the Commission to vote against having this national chain in the downtown. There was no cross-examination or rebuttal. Mr. Fetzer stated in the past he has expressed concern with national chains on Atlantic Avenue and from a zoning standpoint is there anything that does not fit in what the existing LDRs specify. Mr. Darling stated this would have to go to the Site Plan Review and Appearance Board (SPRAB} and they would not have the ability to deny it based upon what is a policy in fhe City rather than anything that is spelled out in the LDRs as it relates to national chains. 10 10/20/09 Mr. Eliopoulos commented that there is an existing Subway on Atlantic Avenue and he is fine when it is done as an in-fill within an existing building as opposed to taking the appearance of a larger site. Mr. Aronson stated it is the same owner as the West Atlantic Avenue Subway and this is going to be one of their newest designs. Mr. Frankel asked if this request is premature. Mr. Aronson stated the parking is the most important facet to this and it does not move forward without the parking at which point the applicant would have to pay engineering fees, etc. for plans. Mr. Aronson stated it is in accordance with what the City has been doing over the last several years. Mr. Frankel stated he appreciates the fact about the new designs, etc. but Mrs. Finst made a good point about first it is Subway but then every fast food chain will follow. Mr. Frankel stated one of the things that are the beauty of the East Atlantic region is the mom and pop stores and the charm. The City Manager stated although he concurs with Commissioner Frankel he is not sure if the Commission can use that as a sound legal basis for denying the request. The City Manager stated he has seen some other cities where this turnover has happened (locally owned businesses to a lot of chains}. He stated it is not desirable to see happen but unless you are prepared to buy the buildings he is not sure how this can be prevented. In addition, the City Manager stated as the rents get higher only the big chains are able to afford to pay them. Mr. Aronson stated the owner is a local franchisee with the West Atlantic Avenue Subway. Mr. Aronson stated when the owner of the Antique Mall put in the Starbucks it was helpful to his retailers within the mall. He stated the intent was to try and get people in the Subway and have the retail live off the restaurant and the restaurant live off the retail. Mrs. Gray stated she agrees that we do want to keep "mom and pops" type stores in the downtown but at the same time she believes that having a Subway here would bring another type of clientele (younger people that might want to grab a sandwich and walk up and down the Avenue}. Also, the prices are a little less expensive than a sit down dinner on the Avenue. Mayor McDuffie asked about the interior. Mr. Aronson stated at the DDA meeting it was proposed that the interior would have sofas and chairs and more upscale from the typical design of wood tables, etc. 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. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -- Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 11 10/20/09 9.B. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Consider approval of an Interlocal Agreement between the City and Palm Beach County regarding a grant of $1,000,000.00 for infrastructure in the City's right-of--way in the S.W. 12th Avenue and S.W. 10th Street area. Brian Shutt, City Attorney, stated this is an Interlocal Agreement between the City and Palm Beach County fora $1,000,000.00 reimbursement for the old Carvex Estates area. Mr. Shutt stated there is a deadline of the reimbursement of March 31, 2010. However, he stated he has been in contact with Shannon LaRoche of Palm Beach County and she is confident that they could get an extension on that. Mr. Eliopoulos stated he does not want to put a shovel in the ground until we get the extension. Randal Krejcarek, City Engineer, stated staff is going to pursue the extension first. Mayor McDuffie stated he has had discussions about this with Shannon LaRoche and noted he has a very good relationship with the office. Mr. Frankel moved to approve the Interlocal Agreement between the City of Delray Beach and Palm Beach County, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie ---Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel --Yes. Said motion passed with a 5 to 0 vote. 9.C. PROPOSAL FOR SETTLEMENT IN ROBERT HAUPTFUHRER v. CITY OF DELRAY BEACH, et al.: Consider a Proposal for Settlement in the amount of $35,000.00 in Robert Hauptfuhrer v. City of Delray Beach, et al. Staff recommends approval of the proposal for settlement. Brian Shutt, City Attorney, stated this is a result of Hurricane Wilma where a boat in the City marina was flipped up on the pier at the marina and the City disposed of the boat. Mr. Shutt stated Mr. Hauptfuhrer is suing the City of Delray Beach and Joseph Weldon, former Parks and Recreation Director. Mr. Shutt stated several months ago the City Commission tentatively approved a $25,000.00 offer to Mr. Hauptfuhrer but he denied that offer. Mr. Shutt stated the City recently had mediation with Mr. Hauptfuhrer and it is their recommendation to approve a $35,000.00 settlement. Mrs. Gray moved to approve the proposal for settlement in the amount of $35,000.00 in Robert Hauptfuhrer v. City of Delray Beach, et al, seconded by Mr. Eliopoulos. Upon. roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9.D. DESIGNATION OF VOTING DELEGATE/NATIONAL LEAGUE OF CITIES ANNUAL BUSINESS MEETING: Designate the voting delegate to the National League of Cities' Annual Business Meeting to beheld in San Antonio, Texas on November 14, 2409. 12 10/20/09 I It was the consensus of the Commission to not designate a voting delegate due to no one on the Commission attending the National League of Cities' Annual Business Meeting. 9.E. FUNDING CONTRIBUTION/PALM BEACH COUNTY/THE SCHOOL DISTRICTIPALM BEACH COUNTY LEAGUE OF CITIES: Consider a request from Palm Beach County, the School District, and the Palm Beach County League of Cities for support of a Wellness Campaign. The City Manager stated the City received a request from Palm Beach County, the School District, and the Palm Beach County League of Cities for support of a Wellness Campaign. The City Manager stated the City has its own wellness program. Mr. Fetzer moved to approve, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mx. Eliopoulos - No; Mr. Fetzer No; Mr. Frankel - No; Mrs. Gray - No; Mayor McDuff e - No. Said motion to approve was DENIED with a 5 to 0 vote. 9.F. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint ane {1}regular member for Zone 4 to the Neighborhood Advisory Council for an unexpired term ending July 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2}. Mr. Fetzer moved to appoint Isabel Make as a regular member to the Neighborhood Advisory Council (NAC) for Zone 4 for an unexpired term ending July 31, 2012, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -- Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopaulos -Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENTS TO THE BUDGET REVIEW COMMITTEE: Appoint seven (7) regular and two {2) alternate members to the Budget Review Committee to serve terms ending July 31, 2010 and July 31, 2011, Based on the rotation system the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDufhe {Seat #5), Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4). Mr. Fetzer stated at the last Workshop Meeting he brought up that when the Commission originally talked about this Board they proposed a different name for it. He stated the Commissian proposed this as the Financial Review Board as opposed to the Budget Review Comr~r~ittee. It was the consensus of the Commission to bring this back and amend the resolution at the next regular meeting for a change to the name and scope. Mr. Eliopoulos moved to appoint Howard Ellingsworth as a regular member to the Budget Review Committee to serve a one (1) year term ending July 31, 2010, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. 13 10/20/09 Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to appoint Robert Moore as a regular member to the Budget Review Committee to serve a one {1) year term ending July 31, 2010, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuff e -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer --- Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to appoint John Warner as a regular member to the Budget Review Committee to serve a one (1) year term ending July 31, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie - Yes; Mr. Eliopoulos --- Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray stated she would like to defer both her appointments to the regular meeting of November 3, 2009. Mayor McDuffie stated he would like to appoint Todd L'Herrou as a regular member to the Budget Review Committee for a two (2} year term ending July 31, 2011. Mr. Frankel so moved, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel --- Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mr. Eliopoulos moved to appoint Yvonne Walker as a regular member to the Budget Review Committee far a two (2) year term ending July 31, 2011, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -- Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer stated he would like to defer his appointment to the regular meeting of November 3, 2009. Mr. Frankel moved to appoint Rosalie Blood as an alternate member to the Budget Review Committee for a two (2) year term ending July 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -- Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:5$ p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager. 11.A. City ManaLer's response to prior public commends. and inquiries. With regard to a prior concern expressed by Mayor McDuffie about damage to the swale an Germantown Road, the City Manager stated Environmental 14 10~20~09 Services located the damage and it was not caused by the City contractor but the damage was caused by worked performed by AT&T. The City Manager stated this was brought to staff's attention prior to completion of the project and as an accommodation the City had the sidewalk contractor repair the damage. Residents were not satisfied with the repair that was made and they were advised 6y staff that they could not direct the sidewalk contractor to perform additional repair work without incurring additional costs on the sidewalk project. The City Manager stated that has been completed and closed out and staff has evaluated the required repair needs and staff will make the necessary repair within the next 30 days. He stated it is such a minor thing {i.e. regrading and getting the sod corrected) that it is not worth pursuing AT&T to try to get them to do it which could take several months. Secondly, he attended a meeting this afternoon in Boca Raton with the Mayors, City Managers, Chamber of Commerce Presidents, and Francisco Perez-Azua, Economic Development Director with the Cammunity Redevelopment Agency (CRA) from Delray Beach also attended a presentation by the Business Development Board about how economic development works, what they do, and the kinds of things the City needs to do to help facilitate economic development. The City Manager stated the presentation was excellent and the plan over the next couple of months is to try and present this to all the City Commissions. He stated he is not sure if they will do this as a group or with one Commissioner from each City so that we do not run into sunshine law issues, etc. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 15-09 (SECOND READING/SECOND PUBLIC HEARINGI: Consider an ordinance providing for the acceptance of the resurvey report of Del-Ida Park Historic District including extension of the period of significance and reclassification of properties from non-contributing to contributing. The caption of Ordinance No. 15-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF DEL-IDA PARK HISTORIC DISTRICT INCLUDIlVG EXTENSIDN OF THE PERIOD OF SIGNIFICANCE AND RECLASSIFICATION OF PROPERTIES FROM NON- CONTRIBUTING TO CONTRIBUTING, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 15-09 is on file in the City Clerk's 15 10/20/09 office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this ordinance accepts the recommendations of the Del-1da Park Historic District Resurvey Report and includes the expansion of the Period of Significance (POS} and reclassification of associated property. Mr. Dorling explained that the original survey was done in 19$5 and the resurvey was done in 2009 which are now suggested to be added as contributing a total of 48 properties. He stated this survey was completed in January of 2009 and went to a Workshop meeting of February 10, 2009 and included three recommendations: (1) That the POS be extended to 1970 {currently spans to 1943); {2) that 48 properties be reclassified from non-contributing to contributing; and (3) options for listings on the National Register of Historic Places (NRHP). Mr. Dorling stated reco~xamendation #3 is not part of the ordinance before the Commission at this time but will come back as a separate action. Staff recommends that the Period of Significance (POS) extend through 1965 to remain consistent with prior POS designations adopted by the City which correspond with properties that are at least 45 years old and would be at least 50 years old by the time of the next survey. Mr. Dorling stated there was a question as to if we went to a 50 year versus a 45 year and noted that would affect ten properties and the change would be to 3$ properties versus 48 properties. However, staff recommends that we apply that designation to include all 48 properties at this time. At its meeting of September 16, 2009, the Historic Preservation Board {HPB) recommended approval with a 4 to 1 vote (Pam Reeder dissenting). The opposing vote was a member who believed the City should stay with the SO versus the 45 years. In addition, three property owners were originally opposed to this and one of those persons has since indicated that they are not opposed to the reclassification. At its meeting of September 24, 2009, the Community Redevelopment Agency {CRA} recommended and supported the ordinance and suggested that those affected property owners be given the opportunity to opt out of the reclassification. Staff recommends approval of those original recommendations with the exception of the period of significance which should be to 1965 affecting 48 properties at this time. Mayor McDuffie declared the public hearing open. Dan Sloan, sneaking on ,behalf of the Delray Beach Preservation Trust, stated they support this ordinance and hopes in the future that the period between resurveying is not such a long period of time and there will not be a huge group of properties that then become contributing. There being no one from the public who wished to address the Commission regarding Ordinance No. 15-09, the public hearing was closed, 16 i 0120109 Mr. Fetzer asked what districts we have not done a resurvey for. Mr. Dorling stated all five districts were resurveyed and four of them counting this one would have final action; the only outstanding one is 01d School Square that the Commission saw about six weeks ago and the direction was to contact all the people and see who wanted to be in and who wanted to be out. Mr. Dorling stated as a possible alternative staff could bring it back to the Commission and if anybody at that time wanted to be removed they could be removed through the public hearing process rather than ask everyone individually. Mr. Eliopoulos stated anytime you give people in a historic district the option not to be a contributing structure and they are, it is defeating the whole purpose. He supports whatever staff has to do to get OSSHAD back before them again. Mr. Fetzer moved to adopt Ordinance No. 1509 on Second and F1NAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 41-09 (SECOND RE,ADINGISECOND PUBLIC HEARING): Consider a city initiated amendment to the Land Development Regulations {LDR) Section 4.49(G}(3}{e}1.a, "Lot Coverage and Open Space", to allow the internal parking lat design landscape requirements to be credited towards the required 25% open space requirement within the Four Corners Overlay District. The caption of Ordinance No. 41-09 is as follows: off ce.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.4.9(G), "SUPPLEMENTAL DISTRICT REGULATIONS", SUBSECTION (3), "FOUR. CORNERS OVERLAY DISTRICT", SUB-SUBSECTION (E), "STANDARDS UNIQUE TO THE FOUR CORNERS OVERLAY DISTRICT", TO PROVIDE THAT CERTAIN AREAS ARE ELIGIBLE TO BE COUNTED TOWARD THE OPEN SPACE CREDIT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 41-09 is an file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. 17 10/20/09 Paul Dorling, Director of Planning and Zoning, stated this relates to lot coverage and open space in the Four Corners Overlay District. Mr. Dorling stated throughout the City we allow the 25% open space to include the landscape islands which are internal to parking lots. The City did not allow that for this Overlay District and this is to make the regulations consistent with what we have elsewhere in the City. Mr. Dorling stated when the Overlay District was done staff did not think it was going to be an issue because to maximize development under that it really calls far structured parking. Therefore, staff did not think they would be running into issues of green space in surface parking spaces. Mr. Dorling stated because of the economy, etc. and other issues people are not maximizing the development of those four corners and in the redevelopment of these sites the City is running into an issue with this open space requirement. Staff feels that it is consistent with the balance of the City to address it in this way. At its meeting of September 21, 2009, the Planning and Zoning Board recommended approval of the text amendment with a 7 to 0 vote. The City Commission recommended on first reading of this ordinance on October 6, 2009. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 41-09, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 41-09 an Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs, Gray -Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 43-09: An ordinance amending Chapter 52, "Water of the City Cade of Ordixances by amending Section 52.34, "Water Rates", to provide for an adjustment in residential, nonresidential, and irrigation rates for FY 2010. The caption of Ordinance No. 43-09 is as follows; AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34{B), TO PROVIDE FOR AN ADJUSTMENT IN RATES FOR FY 2010; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. {The official copy of Ordinance No. 43-09 is on file in the City Clerk's office.) 18 10/20/09 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor McDuffie declared the public hearing open. JoAnn Pearl, X47 N.W. 9t~' Street, Delray Beach, FL, 33444, stated she does not think this is fair and it does not mean you waste more water just because you use more water. Mrs. Pearl stated some of her neighbors who have been there for a long time, have big yards and don't have swimming pools and they do not have a well but have City water to keep their Lawns. She stated an example of wasting water would be a bunch of college kids could be living in a condo wasting water by leaving facets on and taking 30 minute showers. Mrs. Pearl stated to keep your yard green and nice we do want people to do that. She stated the property south of her has two people living there, a pool, a big yard, and City water and in this economy someone may not be able to spend $4,000.00 to put in a pump. Mrs. Peart stated she recently changed out her pump and some electrical and the cost was $1,300.00. She suggested that there be a waiver or a hardship clause where somebody can came in and say look I have to water my lawn but 1 cannot afford a well. There being no one else from the public who wished to address the Commission regarding Ordinance No. 43-09, the public hearing was closed. Mr. Eliopoulos stated people have already cut down to watering one day a week. He stated people are going to go to extremes to save this water because times are tight and they are going to be getting hit with these bills. He concurs with Mrs. Peart that some people are not wasting water but are just watering their lawn. Mr. Eliopoulos stated he does not care how we do the calculations because he feels it is going to affect people. Therefore, he cannot support this ordinance. Mr. Fetzer stated he has been a supporter of this because the study that this was based on made a lot of sense from a conservation standpoint. He feels we need to do a lot of public education and use our Green Task Force to develop some ideas. Mr. Fetzer stated we da need to educate our residents on what they can do to do more conservation of our water resources. Mr. Fetzer stated he supports this from a standpoint of conservation. Mr. Frankel stated at first he felt this was an unfair policy but he became educated with the Green Task Force and the conservation aspect. He stated if a family waters their lawn and runs their pool and sees a spike in their bill then he feels they will make changes. Mr. Eliopoulos stated over the weekend their pool was down a foot because of the climate with the heat, etc. and you have to fill it. He stated it is going to be a burden on a lot of people because they have some of these things. Mr. Eliopoulos stated that is not wasting water because you have to put the water in. 19 10/20/09 Mr. Hasko stated this is not an issue of wasting water but it is a function that the fact that the shallow aquifer {our exclusive resource for drinking water) is Limited in finite in its ability to provide that resource not only for us but for utilities, municipalities, and private wells. He stated a lot of people in the western County and not only in Palm Beach County are drinking water off of their own wells and there is irrigation off of the same resource. Mr. Hasko stated it all goes back to how much water is available in the ground water resource which is weather dependent versus competing needs for that resource. He stated we are capped at how much water it can take out of the aquifer and the only way we can meet future growth needs is through a combination of conservation and alternative water resources. Mr. Hasko stated the alternative water resource that we are using in conjunction with conservation right now is our reclaimed water expansion system because it is the most cost effective alternative resource available to us at this time. Mr. Hasko stated within the next 4-6 months they are going to implement rule making that is going to permanently restrict landscape irrigation to three days a week. He stated that is going to have a similar affect as to what staff is trying to accomplish with the alternate rate structure. Mr. Hasko stated this is not demographically based but it is targeted to reward low water users and to send a realistic economic message to high volume water users that they need to reduce their use. He stated Delray Beach has same of the highest per capita rates in the County and one of the major reasons for that is because there is a population on the barrier island that has no alternative but the drinking water system to irrigate and customers are using 300,000, 400,000 and 500,000 gallons per month. Mr. Hasko stated 75-$0% of residential connections are going to see a reduction. in the water side of their bill. Mr. Hasko stated if someone's average water use is less than 32,000 gallons per month they will see a decrease in their water bill and if the water use is more than 32,000 gallons per month then those people will see an increase. Mr. Elioporalos stated he still has concerns with this issue. Mrs. Gray asked if there is a List of the alternative means. 1Vlr. Hasko stated we are extending our reclaimed water system and the City's ordinances we have in place would require people to connect to that system as it becomes available to them. Mr. Hasko stated the City just finished its first project on the barrier island and in the next 3-4 years depending on the availability of funding the City is going to extend that reclaimed water throughout the barrier island. He stated in doing that the City anticipates that they will catch a lot of the high volume users off of the drinking water system and get them on the reclaimed system. Mr. Hasko stated the reclaimed water is an alternative resource for irrigation that the City is taking advantage of because it is sustainable. He stated as Lang as there is sewage going out to the plant there is going to be reclaimed water available from that plant. Mayor McDuffie stated Delray Beach has been a model for the County in the way we deal with wastewater and believes the steps that Delray Beach is taking are necessary. He feels this sends a correct message. 20 10/20/09 Mr. Frankel moved to adopt Ordinance No. 4309 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos - No; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 1 vote, Commissioner Eliopoulos dissenting. 10.D. ORDINANCE NO. 44-09: An ordinance amending Chapter 59, "Reclaimed Water", of the City Code of Ordinances by amending Section 59.09, "Fees, Rates and Charges", to provide for a retail customer increasing block rate structure for reclaimed water. The caption of Ordinance No. 44-09 is as follows: office.} AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY AM- ENDING CHAPTER 59, "RECLAIMED WATER", SECTION 59.09, "FEES, RATES AND CHARGES", TO PROVIDE FOR A RATE STRUCTURE IN THE RETAIL CUSTOMER RATE FOR RECLAIMED WATER; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. {The official copy of Ordinance No. 44-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Richard Hasko, Director of Environmental Services, stated this is a restructuring of the retail reclaimed water rate. Mr. Hasko stated when the City first established its reclaimed water ordinance we established two rates; one was wholesale which was the rate that we charge to the large volume users such as golf courses, master homeowners associations, etc. (0.28 per 1,004 gallons); staff established a retail customer rate of $1.00 per 1,000 gallons that would be assessed to small volume users such as businesses or residential. He stated staff is applying the conservation rate structure on a smaller level to reclaimed water and noted the schedule is as follows: 0 to 25,000 gallons $1.00 per 1,000 gallons; 26,000 to 50,000 gallons $2.00 per 1,000 gallons; and above 50,000 gallons is $2.50 per 1,000 gallons. Mr. Hasko stated the primary reason for doing that is while our reclaimed resource is sustainable it is finite in that it is limited to the City's portion of the discharge from that plant which is 50% of the residual capacity after the golf courses that are the plant's customers comes out of it. 21 10/20/09 Mayor McDuffie asked when staff expects to complete 11.A. & 11.8. Mr. Hasko stated 11.A. is complete at this point and the resurfacing should be happening before the end of the month. Mr. Hasko stated the City has to do a valve insertion which the Commission approved on the Consent Agenda this evening in the ocean outfall line downstream from our connection point so that the City can isolate the actual outfall. He stated after that valve is in that valve stays closed and the out streamed end from the plant gets pressurized with reclaimed water the City can begin changing over the connections on the Barrier Island and taking people off the drinking water system. Mr. Hasko stated he expects this will be done before the end of the year. Mayor McDuffie asked if the plan after that is to come back to the west side and look at large volume users for the central irrigation system as like we are doing on the Barrier Island. Mr. Hasko stated after the City finishes the Barrier Island because they still have 11.B. and it depends on the availability of funding and how fast the City can get the Barrier Island done. He stated then the next phase would be the northwest area. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 44-09, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 4409 on Second and FINAL Reading, seconded by Mr. Frankel Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuff e -Yes; Mr. Eliopoulos--Yes. Said motion passed with a S to 0 vote. 10.E. ORDINANCE NO. 50-09 (SECOND READINGISECOND PUBLIC HEARING): Consider a city initiated amendment to the Land Development Regulations {CDR) Section 4.3.3, "Special Requirements for Specific Uses", by enacting Subsection {CELL), "Medical Offices", to provide clarification regarding dispensing of narcotic drugs, and amending Appendix "A", to provide for definitions related to the regulation of medical offices. The caption of Ordinance No. 50-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING SUBSECTION {CELL), "MEDICAL OFFICES", TO PROVIDE FOR CLARIFICATION REGARDING THE DISPENSING OF NARCOTIC DRUGS; AMENDING APPENDIX "A" TO PROVIDE FOR DEFINITIONS RELATED TO THE REGULATION OF MEDICAL OFFICES; 22 10/20/09 I I PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 50-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is an amendment to LDR Section 4.3.3 dealing with special requirements for specific uses in particular medical offices and provides clarification for dispensing of narcotic drugs and amends Appendix "A" providing def niiions as they relate to medical offices. At its meeting of September 21, 2009, the Planning and Zoning Board recommended approval with a 7 to 0 vote; at its meeting of September 21, 2009, the Downtown Development Authority (DDA) considered the text amendment and they had some concerns with respect to the legal aspects and recommended that the Attorney General be consulted on this; at its meeting of September 24, 2009, the Community Redevelopment Agency (CRA} did not support the amendment because they had some issues regarding whether this was a legal way to generate trade. The Pineapple Grove Main Street (PGMS) and the West Atlantic Avenue Redevelopment Coalition had not considered it by the time the Commission considered this on first reading. Mr. Dorling stated they have since reviewed it and recommend approval. Staff recommends approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 50-09, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 50-09 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 51-09: Consider a city initiated amendment to the Land Development Regulations (LDR) amending Section 2.4.3, "Submission Requirements", Subsection. (K}, "Fees", to provide for the establishment of new fees and increases to certain existing fees. The caption of Ordinance No. 51-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 2.4.3, 23 10/20/09 `SUBMISSION REQUIREMENTS", SUBSECTION {K), "FEES" TO PROVIDE FOR THE ESTABLISHMENT OF NEW FEES AND INCREASES TO CERTAIN EXISTING FEES RELATED TO PERMITTING AND PLAN REVIEW; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. {The official copy of Ordinance No. 51-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the Laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this modifies LDR Section 2.4.3{K) to provide for the establishment of new fees and increases in certain existing fees. Mr. Dorling stated Senate Bill {SB) 360 provides for the extension of any permit issued by the Department of Environmental Protection or a water management district that had an expiration date of September 1, 2008 through January 1, 2012. This amendment also proposes the creation of new building permit fees as well as increases in certain plan check fees in concert with the fee schedules of other municipalities and Palm Beach County. At its meeting of September 21, 2009, the Planning and Zoning Board considered the text amendment and recommended approval with a 7 to 0 vote. The City Commission also considered it at their October 6, 2009 meeting and recommended approval at that time. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 51-09, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 51-09 on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as Follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 52-09: Consideration of an ordinance authorizing the creation of local government Neighborhood Improvement Districts pursuant to Florida Statute 163.506. The caption of Ordinance No. 52-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CREATION OF 24 10/20/09 NEIGHBORHOOD IMPROVEMENT DISTRICTS BY THE ENACTMENT OF A SEPARATE ORDINANCE FOR EACH DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 52-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Darling, Director of Planning and Zoning, stated this is an ordinance authorizing the creation of local government neighborhood improvement districts as identified under Florida Statute 163.506. Mr. Dorling stated if passed, individual districts will then be created by separate ordinance. He stated this has been discussed as a possible solution to address unique situations such as funding ongoing maintenance of neighborhood improvements like those installed as part of the Strategic Task Team neighborhood action plan. Mr. Dorling stated this can became a valuable tool particularly for neighborhoods that are required to maintain common elements or improvements and have only voluntary homeowners association without reliable budgets. He stated this ordinance allows the local government to levy an ad valorem tax on real and personal property up to 2 mills annually for implementation of associated district improvements. The proposed. text amendment was not reviewed by the Community Redevelopment Agency {CRA} or the Downtown Development Authority {DDA). At its meeting of ,September 21, 2009, the Planning and Zoning Board reviewed the ordinance and after expressing concerns over potential abuses (passing on additional tax burdens via this vehicle rather than general tax revenue processes where additional scrutiny is rendered} and a general reluctance to create any additional tax burdens. They unanimously recommended denial of the request with a 7 to 0 vote. The City Commission recommended approval on October 6, 2009 and staff recommends approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 52-09, the public hearing was closed. Mr, Fetzer moved to adopt Ordinance No. 52-09 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes, Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 25 10/20/09 10.H. ORDINANCE NO. 53-09 (SECOND READINGISECOND PUBLIC ', HEARING): Consider a city initiated amendment to the Land Development Regulations ! (LDR} Section 4.6.7, "Signs", Subsection 4.6.7(H}(10){b), "Sponsorship Signs", '~ providing and clarifying related standards. office.) The caption of Ordinance No. 53-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 4.6.7, "SIGNS", SUBSECTION 4.6.7(H)(10){b}, "SPONSORSHIP SIGNS", IN ORDER TO PROVIDE STANDARDS FOR SAME; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 53-09 is on fzle in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is a follow up to the amendment to the sign code that the Commission approved in April 2008. Mr. Dorling stated it was limited to ba11 fields and had some restrictions with respect to times which corresponded with the Little League baseball schedules. This will allow sponsorship signs to be placed on fences surrounding any sports field at this point to allow other sports such as soccer and football to generate revenue from this mechanism. Mr. Dorling stated since other sports have different seasons than Little League baseball, the date restriction has also been removed. At its meeting of September 21, 2009, the Planning and Zoning Board considered the proposed text amendment and recommended approval with a 7 to 0 vote. The City Commission recommended approval at their meeting of October 6, 2009. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 53-09, the public hearing was closed. Mayor McDuffie stated he feels we need to make clear to all the sports organizations that these are inward point signs. 26 10/20/09 Mrs. Gray moved to adopt Ordinance No. 53-09 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. IO.I. ORDINANCE NO. 5G-09: Consider a city initiated amendment to the Land Development Regulations (LDR} Section 6.3.3, "Sidewalk Cafe", Subsection (A), "Permit and Fees", to clarify the cost of sidewalk cafe permits and io enact a late renewal fee charge. The caption of Ordinance No. 5f-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 6.3.3', "SIDEWALK CAFE", SUBSECTION (A), "PERMIT AND FEES" TO CLARIFY THE COST OF THE SIDEWALK CAFE PERMIT AND TO ENACT A LATE RENEWAL FEE CHARGE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 56-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this ordinance clarifies the cost of permit applications when such applications are received after July 1St Mr. Dorling stated any received after July 1St until December 31st would pay the full cost of the permit and anything after December 31St would pay half the cost of the permit with the year of the permits beginning July 1St of each year. It also provides for a late renewal fee for someone that has a permit and does not renew it or requests an extension by July 1St of each year. At its meeting of September 21, 2009, the Planning and Zoning Board considered this ordinance and recommended approval with a 7 to 0 vote. No one from the public spoke on this ordinance. The Commission considered this at their meeting of October 6, 2009 and recommended approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 56-09, the public hearing was closed. 27 10/20/09 Mr. Frankel moved to adopt Ordinance No. 56-09 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -- Yes; Mrs. Gray --- Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 1Q.~T. ORDINANCE NO. 57-09: Consider a city-initiated amendment to Chapter 113, "Alcoholic Beverages", of the Code of Ordinances by amending Section 113.15, "Hours of Sale and Consumption; Exemption", to eliminate the current restriction for the consumption of alcohol on premises on Sunday morning. The caption of Ordinance No. 57-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES BY AMENDING SECTION 113.15, "HOURS OF SALE AND CONSUMPTION; EXEMPTION", TO ELIMINATE THE CURRENT RESTRICTION FOR THE CONSUMPTION OF ALCOHOL, ON PREMISES, ON SUNDAY MORNING, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 57-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City ofDelray Beach, Florida. Brian Shutt, City Attorney, stated this item only changes the consumption of alcohol on the premises from midday to 7:00 a.rrz. Mayor McDuffie stated at the last meeting there was some discussion about the beginning time. Mr. Frankel stated he does not have a problem with the 7:00 a.m. time; however, he feels it is unfair for a restaurant to serve liquor and not allow a Publix, etc, to do the same. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 57-09, the public hearing was closed. 28 10/20/09 Mrs. Gray asked Chief Strianese about the 7:00 a.m, starting time. Chief Strianese stated he does not have a compelling argument not to do it but he asked that if the restaurant industry was in favor of this that they provide some sort of an argament to do it. Chief Strianese suggested that we stay status quo and stated if this is done for the restaurant industry then the City will have to do this far convenient stores, Publix, etc. as well. Currently 33 states do not have any laws regulating Sunday sales; 17 do and of the 17 it varies from 7:00 a.m., 10:00 a.m., 12:00 p.m., and 1:00 p.m. Mr. Eliopoulos stated he feels at a supermarket or convenient stores people buy larger sums of alcohol as compared to a restaurant. Mr. Fetzer stated he does not want other cities of county restaurants to have a competitive advantage over our restaurants in Delray Beach. Mr. Frankel stated he supports this but in the same respect he feels it should be done for everyone. Mr. Fetzer moved to adopt Ordinance No. 57-09 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:52 p.m., the Commission moved to Item 11.B., Comments and Inquires on Non-Agenda Items from the Public. 11.B. From the Public. 11.B.1. Alson Jacgnet, 236 S,E. 3Td Avenue, Delray Beach, stated in April he expressed concern over the drainage issue in his neighborhood. Mr. Jacquet stated he did receive a letter from the City Manager which stated that work was to be starting in September. He stated as of this date nothing has been done in his neighborhood. Mr. 3acquet reiterated that this is a serious issue in his neighborhood. 12. FIRST READINGS: A. None 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager had no comments and inquiries on non-agenda items. 13.B. Cit Attorne The City Attorney had no comments and inquiries on non-agenda items. 29 10/20/09 13.C. City Commission 13.C,1. Mr. Fetzer Mr. Fetzer stated he has been working on a Committee with the Library called Lifelong Learning Center. He stated the kick-off event is going to be on November 14, 2409. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos had no comments and inquiries on non-agenda items. 13.C.3. Mrs. Gray Mrs. Gray thanked Mayor McDuffie and some of the community leaders for re-establishing a home for the Knights of Pythagoras to meet. 13.C.4. Mr. Frankel Mr. Frankel thanked the Commission as well as the City Attorney's off ce for all their work regarding the pain clinic ordinance. He stated this is very good for our City. Secondly, Mr. Frankel stated last week he had the honor of attending the Plumosa event. He stated he was the guest speaker of the Rainberry Bay Men's Club on Sunday morning. 13.C.5. Ma or McDuffie Mayor McDuffie stated he is pleased that we were able to re-establish a home for the Knights of Pythagoras. He stated the relationship between the School District and Palm Beach County is very goad. Mayor McDuffie stated Knights of Pythagoras was denied access to the Delray Full Service Center and received an invoice for an annual lease payment of $131,400.00. He stated they were able to speak to a couple of School Board members and they intervened on behalf of the City of Delray Beach and put the Knights of Pythagoras into the Full Service Center. Secondly, Mayor McDuffie stated he was asked to send a resolution to Tallahassee to ask the Legislature to ban texting while driving. Mr. Fetzer stated he had a conversation with Jim Smith about this and there is a raling from the Attorney General to determine whether or not it is legal for a municipality to pass something like this and the legalities should be considered. The City Manager stated the City is sending a resolution to Tallahassee to ask the Legislature to do something about this. 30 10/20/09 Mayor McDuffie stated he received emails about paving on the beach and noted that this is apparently under control. Lastly, he commented about a bid on completely redoing the irrigation, leveling, and also redoing Fenway. There being no further business, Mayor McDuffie declared the meeting adjourned at 8:10 p.m. ~. F City Clerk ATTEST: ~~ MAYO 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 October 20, 2009, which Minutes were formally approved and adopted by the City Commission on November 3 2009. ~- City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 31 10/20/09 FC~RiUI SB IVIEIIIIORANDUIIII OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME~[RST NAME-MIDDLE NAME NAME OF BOARQ, CQU3JCIL, COMMISSION, AUTHORITY, OR C4MMli'TEE grankel ,(~~ Del~'a Beach Cit Commission MAILING ApDR>:SS THE 130ARD, COUNCIL, COMMISSIQN, AUTHORITY 4R COMMITTEE ON 150 1-T. B. fish Avenule, IInit L WHICH I SERVE IS A UNIT OF: CITY CpUNTY CITY C] COUNTY ©pTHER LOCAL AGENCY Delra Beach Florida X3483 ~81m~ Beach NAME C3F POLITICAL SUBI71VlSION: fit Qf Delra Beach DA7R QN~WH9Cki VOTI" AGCLJRRED MY PQSITION E5: ©ctober 2fl a 20Q9 %~ ELECTIVE Q APf'O]NTNE Vli'HO MUST FILE FARM SB This form is far use lay any person serving at the county, city, or other local level of government 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 112.3'143, Florida Statutes. Your responsibilities under the law when #aced with voting an a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective ar appointive position. For this reason, please pay close attention to tho instructions on this farm before completing the reverse side and filing the form. INSTRUCTIONS FOR GC)MPLIAIVCE WITH SECTION 1'[2.3143, FLORIDA STATUTES A person holding elective ar appointive county, municipal, or other Eocal 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 #o the special gain ar loss 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 special private gain or Toss of a relative; ar to the special private gain ar loss of a business associate, Commissioners of community redevelopment agencies under Sec. 163.356 ar 163,357, F.S., and officers of Independent special tax districts etected on a one-acre, ono-vote basis arc: 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 associateA means any person or entity engaged in ar carrying on a business enterprise with the offcer 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 stack exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR Ta THIw VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure vn which you are abstaining from voting; .and WITHIN 151]AYS AI=T~R THE VOTE OCCt3RS by completing and filing this form with the person responsible far recording the min- utes of the meeting, who should incorporate the form in the minutes. x . ~ x ,~ APPOINTED OFFICERS: Although you must abstain from voting in the situations described abovo, you otherwise may participate in these matters. However, you must disclose the nature of the conflict befare making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTENt~ TO MRKE ANY ATTEMPT' TO 1N1=LUENCE THE BEC15lOiV PRIOR TO THI= MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file ffris 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 an other side) i { CE FORM BB - EFF. 1!2000 Iiren! 8. E ~ Iirem 9_A_A.A. - PAGE 1 APPOINTED OFFICERS (continued) • A copy of the farm 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 THIw I]ECISION 1=XGEPT BY DISCUSSION AT THE MEETING; • You must disclose orally the nature oFyour conflict in the measure before participating. • Yeu must complete the form and file it within ib days after the vote occurs with the person responsible far recording tiie 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 p~rblicly at the next meeting after the Form is filed, DISCLOSURE OF LOCAL QFFICER'S INTEREST I, Achim FaraBke~ ,hereby disclose that on October Zq , 20 A9 {a) A measure Dame orwill come before my agency which {check one} %% inured to my special private gain or Ives; inured to the special gain yr loss a€ my business associate, ~. 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 yr subsidiary of a principal which has r~;tained me. (b) The measure beForo my agency and the nature of my canfticting interest in the measure is as follows: ~.o~zo/2©oQ 17ate Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §192.$17, A FAILURE TO MAKE ANY REQUlRI;D DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED 8Y ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPI-OYMENT, DEMOTION, REDUGTlON !N SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXGEEI] $10,00©. CE F©RM 8B - EFF, 112000 PAGE 2 3 IN THE CITY COMMISSION CHAMBERS 01= THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR ATLANTIC ANTIQUE MALL ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEAGH, FLORIDA 1. This in lieu parking fee request for the purchase of 3 parking spaces in- lieu has come before the City Commission on October 2Q, 2D09. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for the Atlantic Antique Mall. Ail of the evidence is a part ofi the record in this case, Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to expansions of use to an existing building and it is impossible ar inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request far the purchase afi 3 parking spaces in-lieu meet the requirements of LDR Section 4.5.9(E}(3}and the conditions, if any, listed below? Total fee of $~~DO subject to 1n~Lie~.,of Parkinc Agreement attached as Exhibit "A" which was also a roved as art of this Order. Yes / No 3. The City Commission hereby finds that the in Lieu Parking. Fee Request meets the requirements of ~1.6.9(E)(3} of the Land Development Regulations, with the conditions listed above, if any, and the City Gommission 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. The City Comn~iission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 1 City Commission Meeting on October 20, 2009 Meeting: Item 9.A. in the_recard 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 / f denies the in lieu parking fee request as set forth above, 5. Based on the entire record before it, the City Commission hereby adopts this Order this 20tH day of October, 2Q~9, b a v to of 5 i avor a opposed. ATTEST: Nelson S. McDuffie _ 1 Chevelle Nubin, City Clerk 2 City Commissian Meeting on Octaber 20, 2dD8 iUleeting: Item B.A. Prepared by: RETl3RN: R. Brian Shutt, Esq. City Attorney's Office 2DD N.W. ~ st Avenue Delray Beach, Florida 33444 IN-LIEU OF PARHING FEE AGREEMENT THIS AGREEMENT (the "Agreement") is made as of the day of , 2009, by and between THE CITY OF DELRAY BEACH, a Florida municipal corporation of the State of Florida ("City'>), and GARY GOLDFARS ("Owner") WHEREAS, Owner is the owner of certain real property located at 506 East Atlantic Avenue (the "Property"); and WHEREAS, Owner has applied to the City for approval for the conversion of retail space to a restaurant; and WHEREAS, as a condition of approval for the development on the Property, Owner must provide certain parking as required under the Land Development Regulations of the City. Section 4.6.9(E)(3) of the Land Development Regulations further provides that the City Commission may approve the payment of a fee to the City in~-lieu of providing required parking; and WHEREAS, Owner has requested that the City Commission approve the payment of a fee to the City in lieu of providing three of the required parking spaces for the development of the Property and the City Commission has approved this request; and WHEREAS, Section 4.6.9(E)(3) of the Land Development Regulations further provides that the in-lieu parking fee shall be allowed to be paid in installments; and WHEREAS, the parties desire to enter into this Agreement in order to confirm the terms on which the iq-lieu parking fee shall be paid by Owner, NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt City Commission Meeting on October 20, 2009 Meeting: ]tem 9.A. and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows; 1. The parties hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Property to which this Agreement applies is legally described as follows: See Attached Exhibit "A„ 3. The City hereby confirms that, pursuant to Section 4,6.9{E)(3) of the Land Development Regulations, it has approved the payment of the fees described in this Agreement in-lieu of providing two of the required number of parking spaces far the development of the Property. I 4. Owner shall pay to the City a total in-lieu of parking fee of $46,800,00. The total fee shall be paid as follows: {a) One payment in the amount of Twenty Three Thousand and Four Hundred dollars ($23,400.00) by check delivered to the City upon execution of this Agreement by the City. (b) One payment, in the amount of Eleven Thousand and Seven Hundred dollars ($1I,7OO.00), is due on the second anniversary of the date of this Agreement. {c} One payment, in the amount of Eleven Thousand and Seven Hundred dollars {$11,700.00) is due an the third anniversary of the date of this Agreement, {d) Each payment shall be made to: Finance Department City of Delray Beach i00 N'.W. First Avenue Delray Seach, FL 33444 5. In the event Owner fails to make a payment by the date required, the City sha11 provide written notice by certified mail, return receipt requested to Owraer at SOS East Atlantic Avenue, or at such other address as may be designated by Owner by written notice to the City. The City's notice shall request that Owner make the past due payment na Iater than thirty {3O) days from the date the notice is received. Failure of Owner to remit payment within this thirty (30} day period shall be deemed breach of this Agreement. The City shall thereby be entitled to 2 City Commissian Meeting on October 20, 2D09 Meet€ng: Item 9.A. accelerate the remaining payments demand payment and file snit in a court of law seeking alI payments due, interest, costs, and attorneys' fees. 6. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefits of and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 7, This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of this Agreement. Ail prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. S. This Agreement may nat be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties to this Agreement. 9. This Agreement is not valid unless signed by the City's Mayor and City Clerk. ]0. This Agreement shall be recorded in the Public Records for Palm Beach County, Florida. IN WITNESS WHEREOF, the parties to the Agreement have caused this Agreement to be duly executed on their behalf as of the dates set forth below. ATTEST: CITY OF ]]ELRAY BEACH, FLORIDA By: $y; City Clerk ~ Nelson S. McDuff e, Mayor Approved as to Form: By: City Aftorney 3 City Commission Meeting on October 20, 2009 Meeting: Item 9.A. ... , WITNESSES: Print Narne: Print Name; STATE OF FLORIDA GOUNTY OF PALM BEACH OWNER By: Print Name: The foregoing instrument was acknowledged before me this day of , 2009 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He1She is personally known to me ar has produced as identif cation. Signature of Notary Public -State of Florida 4 City Commission Meeting on Ocroher 2D, 2009 Meeting: Item 9.A.