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08-18-09 Regular MeetingAUGUST 18, 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, August 18, 2009. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Mackenson Bernard Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Linda Mobley with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie noted the addition of Item 9.P., Cancellation of Contract to Ground Keepers, Inc./Award of New Contract to Sports Turf One, Inc. and Item 9.Q., Interlocal A~reement/Town of Gulf StreamlBuilding Permit and Inspection Services to the Regular Agenda by addendum. Also, Mayor McDuffie stated there is updated information for Item 9.L., Appointments to the Site Plan Review & Appearance Board. Mr. Eliopoulos requested that Item 8.L.1, Bid Award to H.A. Contracting Corporation, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. For the record, Mr. Eliopoulos stated with regard to Item 8.B., Hold. Harmless A~reements/Harbour House Homeowners Association, although there is no financial gain for him, he was the original architect. 08/18/09 Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of August 4, 2009, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Bernard moved to approve the Minutes of the SpeciaUWorkshop Meeting of August 11, 2009, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: A. None 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 34-09: Approve Resolution No. 34-09 to support the application fora 2010 Distinctive Destination designation. The caption of Resolution No. 34-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IN SUPPORT OF APPLYING FOR A 2010 DISTINCTIVE DESTINATION DESIGNATION. (The official copy of Resolution No. 34-09 is on file in the City Clerk's office.) 8.B. HOLD HARMLESS AGREEMENTS/HARBOUR HOUSE HOMEOWNERS ASSOCIATION: Approve and authorize Hold Harmless Agreements between the City and four (4) property owners that make up the Harbour House Homeowners Association, for the installation of a removable fence within a public utility easement located on the north side of N.E. 1st Street abutting the west bank of the Intracoastal Waterway. 2 08/18/09 B,C. DE'4'ELOPER AG~~EEMENTISANDS TERRACE CONDOMINII!M: Approve a Developer Agreement between the City and Maria Robles, the owner of Sands Terrace Condominiums in an amount not to exceed $25,840.00 far water main upgrade from 2" to 8" in accordance with the City's water main upgrade master plan. Funding is available from 442-5178-536-83,01 {Water and Sewer Renewal & Replacement FundlOther Grants & Aids). B.D. MEMOP:ANDUM OF UNDERSTANDINGJFLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES: Approve a Memorandum of Understanding with the Florida Department of Highway Safety and Motor Vehicles to give the Delray Beach Police Department electronic access to the Driver and Vehicle Information Database {D.A.V.I.D.) which allows searches for driver's license and vehicle xecords to aid to law enforcement in investigations. B.E. EMERGENCY SERVICES AGREEMENTlBO~.'NTON BEACH FIRE RESCUE: Authorize the Mayor to execute the revised Emergency Services Agreement for Mutual Assistance and Automatic Aid between the City and Boynton Beach Fire-Rescue. B,F, E1~~~RGENCY SERVICES AGREEMENT/BOCA RATON FIRE RESCUE: Authorize the Mayor to execute the revised Emergency Services Agreement for Mutual Assistance and Automatic Aid between the City and Boca Raton Fire-Rescue. 8.G. ADDENDUM NO, 1 TO THE AGREEMENTIPENN CREDIT CORPORATION: Apprave Addendum Na. 1 to the Agreement between the City and Penn Credit Corporation to modify the commission fee, increase the number of days before parking ticket accounts are turned over to them for collection and allows for collection of other delinquent accounts, including EMS transport fees. B.H. FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FI2DAPI GP:ANT1ltEDESIGN POMPEY POOLIATLANTIC DUNES NATURE TRAIL: Approve and authorize submission of grant applications to the Florida Recreation Development Assistance Program {FRDAP} for a redesign of the Pompey Park Pool and the Atlantic Dunes Educational Nature Trail. B_I. SERVICE AUTHORIZATION NO. 07-431GLATTING JACKSON KERCHER ANGLIN: Approve Service Authorization No. 07-03 in an amount not to exceed $35,600.00 to Glatting Jackson Kercher Anglin far the provision of limited construction administration services in conjunction with the construction of Phase I of the Old School Square Park Improvements. Funding is available from 334-4151-572-63.59 {General Construction Fundllmprovements Other1Old School Square-Park Improvements). B_J. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE: Apprave a special event request to endorse Art and Jazz an the Avenue to be held an October 22, 2009 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6{F) for the closure of Atlantic Avenue from Swinton to the west 3 08/18!09 side of N.E.1S.E. 7th Avenue, Railroad Avenue from Atlantic north to the north side of the eastlwest alley, and to the alleys north and south of Atlantic on N.E,/S.E. lst Avenue, N.E.1S.E. 2nd Avenue, S.E. 3rd Avenue, N.E.IS.E. 4th Avenue and l~IW 5th Avenue from Atlantic to NW 2nd Street and SW 5th Avenue from Atlantic to SW lit Street; to authorize staff support for security, traffic control, banner hanging and removal, barricade set up and removal, trash removal and clean up and EMS assistance; with fees subject to the City special event policy in effect at the time of the event. B.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 3, 2009 through August 14, 2009. $.L, AWARD OF BIDS AND CONTRACTS: 1. Bid award to H.A, Contracting Corporation in the amount of $489,787.00 for the Old School Square window replacement project, Funding is available from 334-4151-572-46.08 (General Construction Fund/Repair and Maintenance Services/OSS Window Replacement}. 2. Bid award to Oracle Elevator in the amount of $783.00 per month for servicing the elevators in city owned buildings. Funding will be provided from various departmental maintenance accounts. 3, Purchase award to Dionex Corporation in the amount of $36,311.02 for an Ion Chromatograph (IC} Analytical Instrument for the Environmental Service Compliance Laboratory located at the 'hater Treatment Plant. Funding is available from 442-5178- 536-64.90 (W 8c S Renewal & Replmt Fund, Machinery & Equipment tither Machinery & Equipment}. 4. Purchase award to Ilub City Ford, Inc, in the amount of $23,744.00 for the purchase of one (1} replacement 2010 Ford Sport Trac 4X4 mid-size SUS' with options for the Ocean Rescue Division. Funding is available from 501-3312-591-64.20 (Garage Fund Machinery & EquipmentlAutornative}. Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. BTD AWARD TO H.A. CONTRACTING CORPORATION IN THE AMOUNT OF $489,787.00 FOR THE OLD SCHOOL SUUA~ItE WINDOW REPLACEMENT PROJECT: Funding is available from 334-4151-572-46.08 4 08118109 {General Construction Fund/Repair and Maintenance Services/OSS Window Replacement}. Richard Hasko, .Director of Environmental Services, stated this item is a fozmal bid award recommendation in the amount of $489,'787.44 to H.A. Contracting Corporation and is for the long awaited retrofit of the windows at the Old School Square complex for hurricane proofing, 1Vlr. Hasko stated H.A. Contracting Corporation is the low bidder and noted that we did very well on this bid and the City is still benefiting from the economic conditions. He stated this contract award is for the windows only but there will be a couple of contract additions because staff was not able to get them designed quickly enough to add into this contract. Mr. Hasko stated staff will also be looking at the panels for the eight doors that they will be doing hurricane protection panels for and also looking at the skylights in the museum building, The architect suggested that the City take a look at it. Mr, Hasko reiterated that the specification and design for those were not able to be done in time for this contract, but staff was anticipating doing contract additions for those, Mr. Eliopoulos commented about the door panels and asked if we are doing the whole element, Mr. Eliopoulos inquired about the skylights and asked if staff is talking about our tower features or are we actually talking about the physical skylights on the roof, Mr. Hasko stated these are on the museum buildings. He asked haw we are anchoring the windows to this building and are we having to redo any of the structure within the walls and does this include cutting up plaster or is this strictly for the window installation. Mr. Hasko stated it depends on what they find on each window. He stated there are values and dollars for the appropriate attaclunent of the new windows and the frames to the building if they have to do anything with the casings or the framework. Mr. Eliopoulas stated if there is a worst case scenario does the contractor have an idea of what that dollar amount is or is it going to be on a case-by-case basis. Mr. Eliopoulos stated at one point you could physically see deterioration and asked if staff did some more exploration and now we have established a number or is it a cost by unit. I1rlr. Hasko stated staff established a value for that and took out a number of sample windows in both buildings to try and get an idea because many of them are different in the way they are attached and the way they are inset. He stated there are numbers in there to deal with that generalization from that sampling. Mr. Eliopaulas confirmed that this is a reimbursement from FEMA and asked what the original FEMA grant amount was. Mr. Hasko stated he does not know the exact number but noted the original grant amount was for more. Mr. Hasko stated there is a 194 day time on this contract and noted that the Commission may not see a lot of activity happening quickly here because there is the fabrication lead time on 244 windows. Mr. Eliopoulos moved to approve Item 9.A.A. {formerly 8.L.1.), seconded by Mr. Fetzer. Upon roil call the Conunission voted as follows: 1Vlr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -- Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a S to 4 vote. 5 48! 18!49 9.A. CQND-ITItJNAL USE EXTENSIC}N RE UESTPiTILLAGE {~UA~tE: Consider a conditional use extension request for Village Square, located an the east side of Auburn Avenue and S.W. 13`~ Avenue between S.W. 7~' Street and S.W. 10~' Street. (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 pane communications. Mr. Frankel stated today he has not talked to anyone specifically about what is before the Commission tonight. Mr. Frankel stated in the past he has spoken to Auburn, Dorothy Ellington, and the attorneys. Mr. Eliapoulos and Mr. Fetzer stated they spoke to Auburn, Dorothy Ellington and the attorneys. Mayor McDuffie stated he has had conversations with Auburn, Attorney Michael Weiner, and the Delray Beach Housing Authority but not on this issue before them tonight. At this paint, Mr. Bernard declared a conflict of interest and left the dais. Mayor McDuffie stated if anyone from the public would like to speak in favor ar in apposition of the conditional use extension, to please come forward at this time. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2009-250 into the record. Mr. Darling stated this is a conditional use extension request to allow a density in excess of 12 units per acre (18.04 dulac is prapased}. This is a 326-unit residential development located on the east side of Auburn Avenue between S.W. 7~' Street and S.W. 10~' Street. At its meeting of August 20, 2007, the Planrdng and Zoning Board approved the conditional use request for Village Square and the City Commission considered it and approved it on September 4, 2007. There was a subsequent Site Plan approval by the Site Plan Review and Appearance Board on August 20, 2009. Mr. Darling stated if the Commission approves this extension for the conditional use they will follow it up with a Site Plan Review and Appearance Board extension of that related site plan. The 326-unit residential development will contain 110 two and three-story townhouse units {93 market rate units and 17 workforce units} and 216 residential condominium units within nine {9} three-story buildings (90 market rate 2-bedroom units, 18 workforce 2-bedroom units, 90 market rate 3-bedroom units, and 18 workforce 3- bedroom units} for a total of 273 market rate units and 53 workforce units. Mr. Dorling stated this is amixed-income project in its entirety and the prapased modification will be to change that to a low income project in its entirety (project to the north}. Mr. Dorling 6 08118109 reiterated that this project is amixed-income project at 18 units to the acre and would include this type of product bath of the condominium and townhouse development, He stated the LDRs talk about this as a project that you have to look at as if construction includes any demolition and noted that the Carver Estates prior project was demolished so this constitutes partial construction. lUlr. Dorling stated there have been no changes in the LDR since this original approval and the original findings can be reaffirmed as they relate to concurrency, future land use map, Comprehensive Plan, consistency, and compliance with the LDRs. The staff memo talks about the need to reaffirm both the School Board District concurrency letter as well as Palm Beach County Traffic Concurrency because thaw cancurrencies are limited to one year, Staff recamrnends approval subject to those two letters of reafl~rmation and the approval is subject to all the original conditions of approval that apply to the original conditional use. Michael Weiner, Attorney with Weiner, Aronson, & Manko:ff, P.A., made reference to LDR Section 2.A~,4{1~){1} and stated all this criteria is met and Hated that on the third page of the staff report nothing has changed in the LDRs with this particular project and all of the anginal findings can be reaffirmed, NLr. Weiner stated they have no problem with the two conditions. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use extension request, to please come forward at this time. Pauline Moody, 649 S.W. 8th Avenue, Delray Beach, FL 33444, asked how much these townhouses will be said for and does not understand why they want to build low-income townhouses. She stated that residential homes would be mare essential to build than law-income townhouses. Ms. Moody expressed concern over the price range and cost of these townhouses due to budget problems and other issues with the economy. Ms. Moody asked who is actually going to be able to afford these townhouses and does not feel that anyone will be able to afford anytlLing aver $100,000,00. grew up on lU"' Street), concurred with Ms. Maady's comments and stated it would be more beneficial to build residential housing. He stated if more townhouses are built it is going to be overcrowded and start looking like New York. He stated if this is built and it sits there who will eat the cost of that. There being no one else from the public who wished to speak in favor ar in opposition of the conditional use extension request, the public hearing was closed. There was no cross-examination. The following individual gave a brief rebuttal: Mr. Dorling stated for clarification this project would include 110 townhouse units and 216 residential condominium units. This project is going to be 7 08118109 mixed-income and the reference to lower income is the proposal that is to the north. Mr Dorling stated this is 2'73 market rate units and 53 workforce units, Mr. Weiner stated workforce housing is not built on price but a percentage of income or median income for the County and as a result prices are set when they know what the median income is. Mr. Eliopoulos stated this is an extension of the approval process due to the current amount of status out there and therefore it is not being built right now and thus the reason for the conditional use extension request. He stated within a year or so the market will horn around and the theory is within. a year or so the market will turn around and then, where we have not made any changes to the LDR, this should be approved again. Therefore, Mr. Eliopoulos stated he supports this. Mr. Frankel stated hopefully the market turns around and we will be able to break ground and put a nice project in that community. Mr. Fetzer and Mayor McDuffie concurred with comments expressed by Commissioner Eliopoulos and Commissioner Frankel. 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 {approving the conditional use extension request) subject to the two conditions listed in the staff report which also encompasses the original conditions on the conditional use request, 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.B. FISCAL .'EAR 200912010 CAPITAL IMPROVEMENT PROJECT (CIP} PFt.ESENTATION Randal I~xejcarek, City Engineer, gave a brief PowerPoint presentation of the proposed Capital Improvement Project (CIP) for fiscal year 200912010 but it is the CIP for 2014 because it is a five year program. Mr, Bernard asked if the City is going to take a look at Veteran's Park also since we are going to redo Atlantic Plaza. Mr. Krejcarek stated we have fiunding in the current fiscal year to do the Master Plan for Veteran's Park and staff will be putting out an RFQ and request consultants respond to that, He stated once we know what that Master Plan is we will have a better idea of exactly what scope should be included in the Veteran's Park project, 8 08118109 Mr. Frankel asked staff for more detail about the downtown parking. Mr. Krejcarek stated that has to do with the City owned parking lots downtown and the City has from time to time gone into different lots and done beautification and added decorative street lights and upgrades, 1111x. I~rejcarek stated the City is currently under contract with Kimley-Horn to do a Downtown Parking Study and Bus Shuttle Study. He stated once staff receives the result of that study then they we will be able to say "yes". He stated that particular project was for the lot that is on S,E. 6`~' Avenue just south of Atlantic Avenue on the east side and that is what the money was identified for. Mr. Krejcarek stated staff decided to wait to see the results of the study before they move forward with where that money should be spent. Also, the City Manager stated the City identified that as a project that the CRA could pay for and the City has asked the CRA to see if they can work it into their budget in the future, Mr. Eliopoulos asked if the $2 million from the General Fund has been allocated far that. The City Manager stated the City has been running for about $2 million for several years and we did cut it a couple of years ago. He stated we have cut some out of the current year to keep the budget in balance and although it is $2 million one of the cuts that staff suggested is to reduce that to $1.4 million and take $600,00(}.00 out of the Insurance Fund because of the payment that we received from the insurance companies from Hurricane Wilma damage. The City Manager stated $1,4 million would actually be coming out of the General Fund. Mr. Eliopoulos stated he feels it is the City's obligation to reinvest the money into the City. He stated we have been investing this money right back into the City whether it be for the streets or buildings. Mr. Eliopoulos stated he feels the City has spent money wisely and has to still try to do that even though the funds have decreased. He thanked Mr. Krejcarek for his presentation and the good work. The City Manager stated sometime within the next few days we will get to the whole detailed capital budget for the Commission's review and noted staff wanted to give the Commission an overview at a public meeting. Mayor McDuffie asked if any of these projects meet the qualifications or are "shovel ready" enough to apply for the ~!~FtItA grants. Nlx. Krejcarek stated the City did apply and will receive approximately $300,000,00 to put bus shelters in through the Metropolitan Planning Organization {~vlPC7) and Palm Tran. N[r. I~rejcarek stated the City has some projects that are "shovel ready" but with regards to the transportation side of the funding that came through the stimulus package is they had some criteria they had to meet and one of them was they had to be a State route and none of the City's projects are because they are all local roads. 11?lr. Krejcarek stated the City also had water main projects that are "shovel ready" when the fianding becomes available, He reiterated that the stimulus money was being funneled through existing programs and in order to get funding in those existing programs you had to have some type of deficiency in your system. Mr. Krejcarek stated the City of Delray Beach does not have the deficiencies that were listed in those particular programs so the City did not qualify for that money either, 9 08118/09 The City Manager stated the City is going after some money for the Martin Luther King Boulevard work, Mr. Krejcarek stated this is transportation money and the applications are due on September 15, 2009. He stated the City will be putting one together to fund the entire Martin Luther King Boulevard project. 1Vir. Krejcarek stated in his presentation this evening was just the first phase of a two phase project but staffwill be putting the whole thing in to see if the City receives the hands for that. 9.C. SPECIAL EVENT A1'~TD 11!IISCELLANE4US GI~:ANT F'ITNDING ~tEC01~!IMENDATIONSIGI~~~NTS CU11~I1VIITTEE: Provide direction regarding the Grants Committee recor~amendations for funding of requests from the Commission Special Event line item and Miscellaneous Grant division for Fiscal Year 200912010. Robert A. Barcinski, Assistant City Manager, stated this is a request to review the Grant Committee's recommendations far funding of requests staff received for funding for next year from the Commission Special Event line item and Miscellaneous Grant division for fiscal year 200912010. The Grants Committee recommends a 10% reduction in funding of special events and a 5% reduction in funding far miscellaneous grants. Mr. Barcinski stated the Committee consisted of himself, Mrs. Butler, Ms. McCarthy, and Howard Ellingsworth. Mr. Barcinski stated the Committee invited all the applicants to make a 3-5 minute presentation publicly and the meeting was held and the committee deliberated. He stated in the final analysis in the miscellaneous grant category the Committee in the special event category recommended a 10% reduction in the programs that were handed last year and zn the miscellaneous grant category a 5% reduction of the projects were handed last year and did not recommend funding any ofthe new requests that were not handed in the last fiscal year's budget. In addition, Mr. Barcinski stated a request came in from Ms. Jane Basso-Tolliver far a "Project Unity" project far $10,000.00 that was not reviewed by the Committee because this came in afterwards. He stated if the Commission were to consider this request, staff recommends it be contingent on Ms. Tolliver's receipt of other funding to offset the cast of this project. Mr. Barcinski stated the Drug Abuse Foundation shows zero (-0-) but they do receive half of the money the City gives the Chris Evert Tournament. Mr. Fetzer stated the committee did a good job on the way they approached this. He stated in light of the budget situation we are in the City has to do some amount of cuts, Mr. Fetzer stated it makes sense to not try to take any other new organizations into these grants and overall he supports what the Grants Cantmittee has proposed. Mr. Eliopoulos asked if Ms, Basso-Tolliver's request is the only new one that would be coming up for this year. Ztirlr. Barcinski stated on the summary sheet there are various organizations that the City did not ~d last year (six} and the only new one is the African International Christian Ministry. He stated regarding the others, at some point in time over the past 5-7 years, the City funded something but with the budgets getting tighter those got eliminated in the last couple of years. Mr. Eliopoulos stated all of the organizations stand near and dear to his heart and the one that stands out the most is the Achievement Center because the percentage of Delray residents served is 99%. He 10 08118109 recommended keeping the budgeted amount for .fiscal year 2009/2010 at $25,000.00. Mr. Eliopoulos stated this may not be fair to everybody else but noted it is amazing what that program does far our children and parents. Mr. Bernard concurred with comments expressed by Commissioner Fetzer and Commissioner Eliopoulos. He commented about the six requests for projects the City did not fund last year and we have to be consistent if we are not going to fiand any projects that we did not fund last year then he does not feel we should take any new ones. Mr, Frankel concurs with Commissioner Bernard and asked why 10°1° for the special events and only 5°l° for the miscellaneous grants. Mr. Barcinski stated the Grants Committee went through it project by project and some had less and some had more and in the final analysis the Grants Committee decided to do a percentage across the board. Mx. Frankel thanked Mr. Barcinski and the Grants Committee for t~~king the time to do this but stressed that we need to have some consistency. Nlr, Barcinski stated they have a contract with the Community Redevelopment Agency {CRA) to hand 25°f° of the salary for the Economic Development Director. Mr. Barcinski stated the City also has an agreement with the Downtown Marketing Cooperative {DMC} for July 4th fireworks at $40,000.00 and noted that staff recommended less and will have to amend that agreement also, l~Ir, Eliopoulos asked about the City contributing to the Economic Development Director. The City Manager stated the City wanted the Economic Development Director to work outside the Community Redevelopment Agency {CRA) area to look at the rest of the City and not just confine he efforts to the CRA district. Mr. Bernard asked if the DMC fireworks is the City's 4th of July fireworks, Mayor McDuffie indicated that this is the City of Dekay's 4th of July fireworks. Mr. Bernard asked if the City is going to take a look at alternating years between Boca Ratan and Boynton Beach so that way it is not a cost for the City of Delray Beach every year. The City Manager stated he has read about a couple of communities that did not have it this year and had quite an outcry for not having it. Mr, Eliopoulos asked if staff has numbers regarding the 4th of July fireworks. Mr. Barcinski stated the budget this year was approximately $70,000.00, the City's portion was $40,000,00, and Marjorie Ferrer was able to raise other money because DMC is contracted to get volunteers, raise sponsorships, and raise other dollars to help cover those costs. He stated that is just far the fireworks because there is also the barge rental. Mayor McDuffie stated the fair way to approach this is the way we are doing it right now and the way that is best far the City right now is to look at the events that are so important to this City that distinguish it from the other cities up and down the coast and try to maintain those in spite of the fact that we are staring at some terrible economic times. Mayor McDuffie stated it would seem prudent to reduce the amounts that the organizations are being funded at this time but not eliminate anything at this time. He commented about the number of people who came to watch the fireworks and the economic impact that it has on the downtown. Mayor McDuffie stated we do not want to lase marquee events that will attract that type of crowd to the City of Delray Beach. ll 08118/49 Mr. Eliopoulos stated it seems to touch a lot of people in a lot of different ways and concurs with comments expressed by Mayor McDuffie that the City needs to consider reducing the amounts that the City is handing to the organizations. Mr. Fetzer moved to approve the Special Event and Miscellaneous Grant Funding recommendations made by the Grants Committee, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Frankel - No; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this paint, Jane Basso-Tolliver thanked the Grants Committee, the City Manager, and City staff for reviewing her proposal for the Project Unity Opportunity. Ms. Tolliver stated everyone understands the economy; however, she does believe that the project is a very unique project that will benefit the City in some of the very ways that the Commission has discussed this evening. Ms. Tolliver stated the amount that was requested was only minuscule and only a fraction of the budget that it would take to produce a project of this magnitude, she requested that the City present a letter of support to Perfect Results, Inc. for this project because the primary responsibility of the fundraising was going to rest with her company, Brian Shutt, City Attorney, stated this is in being in conjunction with this item so if the consensus of the Commission is to issue a letter of support, then Mayor McDuffie can provide this letter. 9.T1. FACILITY AND PAVILION RENTAL FEE CHANGES: Consider changes to fees for Parks and Recreation facility, pavilion and field rentals. Linda Karch, Director of Parks and Recreation, stated this request is to approve changes to the rental fees for Parks and Recreation facilities, pavilions, and field rentals. Ms. K:arch stated in the Agenda backup material are the recommended facility and pavlhon charges far the Parks and Recreation Department along with rental comparisons to area cities and the South County Civic Center. The Parks and Recreation Department currently charges for the rental facilities and pavilions but the charges have been inconsistent throughout the department. Ms. Z~arch stated the proposed changes are recommended to create a uniform fee charge and be more in line with our neighboring communities. She stated the homeowners associations and the community and civic groups presently are not charged. Ms. Karch stated she has provided the Commission with a list of organizations that are affected. Staff recommends a charge of $30.00 per meeting. Ms. Karch stated the 505 Teen Center and the Hobbit Skate Park is presently not charging for the facility and staff recommends a fee of $90.00 and $100.00 respectively for a one hour rental. Staff also recommends increasing the two-way room sites from $40.00 to $60.00 for 3 hours and the three-way room sites from $60.00 to $90.00 for three hours and those sites are included in Pompey Park, Community Center, and Veteran's Park. Ms. Karch stated pavilion rentals far various parks range from $30.00-$35.00 for 4 hours or $60.00 to $'70.00 for all day depending on the size. The new rates would be $50.00 for 4 hours or $90,00 for all day for most pavilion rentals in 12 08118109 the parks regardless of size. Veteran's Park gazebo and Atlantic Dunes Park which are popular sites far wedding ceremonies would be increased from $$5.00 to $110.00 from between two and 4 hours or $170.00-$200.00 for 4 hours. Ms. Karch stated field rental rates from $35.00 to $50.00 fora 2 hour rental and charges for lights would change from $10.00 to $30.00 per hour. She stated these recommended fees along with additional ones would result in a projected $46,730.00 in additional revenue for fiscal year 2.009/2010. The Parks and Recreation Department staff recommends that the City Commission approve the recommended fee changes. Mr, Frankel thanked Ms. Karch for her work and stated he likes to see what other municipalities are doing. Mr. Frankel stated even with the increases the City of Delray Beach is sti11 lower and in this economy it is a good thing because we da not want to discourage usage of these facilities. Mr. Frankel supports staff s recommendations. Mr. Eliopoulos stated he has resisted some fees in the past because some are more of a choice than others. However, he stated these fees are still within range and reasonable. Mr. Eliopoulos stated he supports staffs request. Mr. Fetzer stated this is exactly what the Corrunission asked staff to do and feels what is being proposed is not out of line and feels this is something we have to do to address our budget issues. Mayor McDuffie asked if there are any organizations that are exempt from these fees. Ms. Karch stated there are no organizations that are exempt; however, in the rules and regulations the Parks and Recreation Director could exempt an organization. She stated ante you start ma]~ing exemptions it is hard to choose who you should exempt and who should not be exempt. Ms. Larch stated as a general rule she does not want to exempt anybody because then you start exempting everybody. Mayor McDuffie thanked Ms. Karch and her staff for a job well done. Mr. Eliopoulos rrioved to approve the proposed facility, pavilion and field rental fee changes, seconded by Mr. Bernard. Upon ro11 call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes. Said oration passed with a 5 to 0 vote. 9.E. RESULUTION NO. 36-091ADDENDUM TO LEASE PURCHASE AGREEMEIYTISUNTRUST LEASING CORP'QRATION: Consider approval of an addendum to the Lease Purchase Agreement between the City and SunTrust Leasing Corporation in the principal amount of $392,020.01, including Resolution No. 36-09, to finance the purchase of 82 Club Car golf carts and equipment and other miscellaneous costs relative to the Parking Meter Project for a four ~4) year term. The caption of Resolution No. 36-09 is as follows: 13 08118109 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE NO. 42 AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH. {The official copy of Resolution No. 36-49 is on file in the City Clerk's office.) Joseph Safford, Finance Director, stated this is a request for the Comrission to approve the resolution that is going to be used to fiand a lease purchase for $392,424.41. Nlr. Safford stated this is a four year fixed rate of 2.'76°!o and staff recommends the low bid that being Sun Trust Leasing Corporation. He stated the City of Delray Beach currently has a Master Lease Agreement with Sun Trust Leasing Corporation and this is being referred to as an addendum. Mr. Safford stated this is being used to fund 82 Club Car golf carts that the City recently acquired for $131,424.41, 15 multi-space parking meters and 254 single space parking meters and the needed accessories, cabling, and parts for $260,604.44. Staff recommends approval of Resolution No. 36-49. Mr. Bernard moved to approve Resolution No. 36-09 Addendum to Lease Purchase Agreement between the City of Delray Beach and SunTrust Leasing Corporation in the amount of $392,424.41, seconded by Mr. Frankel Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 4 to 4 vote. At this point, the time being '7:41 p.m., the Commussion moved to the Public Hearings portion of the Agenda. 10. PUBLIC HE.~-1CtIlYGS. 10.A. PUBLIC COMZ1zli;NTS/~ 2014 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2414 Proposed Budget at this time. Dr. Victor Kirson, 2050 Alta Meadows Lane Apt. #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and member of the Police Advisory Board and recently elected to P.R.O.D. CProEressive Residents of Delray Beach'1, stated he has attended several Commission meetings and the Workshop Meeting last week. Dr. Kirson stated he does not understand where our financial problems are because we have the capability of raising a lot of money in this city. He stated if we go over things in a negative manner by going over the 6.39°l0 line item per line item and see what we want to keep and if we want to go over the Budget Task Force recommendations he feels this will only bring the city down. For instance, Dr. Kirson stated with regard to the Police Department if you take away a Police officer's 2.9°fo pay raise, freeze his steps that he has been working for in order to 14 48118149 benefit the city with his increased knowledge, and reduce the City's contribution from 3%z% to 3% (a 15% decrease), then the Police Officers and Firefighters will leave Delray Beach and go other places. He stated the City has capabilities of making money. Dr. Ja Al erin 3130 Lowson Boulevard Delra Beach ro er owner, business owner and resident for 36 years), stated he does not want to pay any more taxes and would actually like to see them go down. However, Dr. Alperin stated he remembers the 1980's in Delray Beach and does not want to go back to those days when the taxes were low and so was the future potential of our city. He stated the City's infrastructure was in shambles as was the business community and Delray Beach looked like an old dying village and the young people would call Delray "Dull-ray". Dr. Alperin stated it took the business leaders and the voters to turn this city around and we are now the role model for cities nationwide. Be Goodman lives in Delra Beach stated many people have not received raises in quite a while and if the City continues to raise the prices of things people will have a difficult time paying and participating. Ms. Goodman urged the City to stop spending so much money on things that can wait for a little bit (i.e. the Atlantic Avenue beautification). She stated the City should put something in that is going to last and redoing it every year is a waste. Pauline Mood 609 S.W. 8th Avenue Delra Beach FL 33444 commented about Dr. Kirson's concerns and stated the Police Department is under contract and if they want to leave the City they are going to leave. Ms. Moody stated her rights have been violated. Geor a Mancini 1014 Ba Street Delra Beach as lived here for 1%i ears stated a couple of weeks ago on a Friday evening at 6:30 p.m. he rode his bike on the sidewalk along A-1-A from Atlantic Avenue to the Seagate Beach Club and he counted 22 violations with the parking meters. Mr. Mancini stated that Monday he went to the Police Department and spoke to the Volunteer Department and they said they stop writing tickets at 4:00 p.m. He stated these violations totaled $660.00. Mr. Mancini stated he asked why the Police officers can't go there from 4:00-8:00 p.m. and write up some tickets; however, he was informed that they do not get paid to do that. Mr. Mancini stated this is a lot of money for the City to be losing and does not understand why a Police officer cannot go to this area and write tickets. At the end of the comments, the City Manager clarified that the Atlantic Avenue Beautification is being done by the Florida Department of Transportation (FDOT) and the City of Delray Beach did not ask for it. He stated this is a State Highway and the City of Delray Beach has no control over it. 10.B. ORDINANCE NO. 34-09 (SECOND READING/SECOND PUBLIC HEARING): Consider acity-initiated amendment to Land Development Regulations (LDR) Section 5.3.2, "Park Land Dedication", Subsection (C), "Impact Fee Required", to clarify requirements regarding impact fees for single family and all other types of 15 08/18/09 development. The caption of Ordinance No. 34-49 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING Tf1E LAND DEVELOPIYIENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 5.3, "DEDICATION AND IltrIPACT REQUIREMENTS", SECTION 5.3.2, "PA,I~K LAND DEDICATION", SUBSECTION (C), "IIv1PACT FEE REQUIRED", TO PROVIDE FOR CLARIFICATION REGARDING IIvIPACT FEES FOR SINGLE FAMILY AND ALL OTHER TYPES OF DEVELOPh!IENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN. EFFECTIVE DATE. (The official copy of Ordinance No. 34-09 is on file in the City Clerk's office.} The City Attorney read the caption ofthe ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Dekay Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this establishes a date at which time the Park Impact Fee was assessed to properties and states that any single family home that was built prior to that and comes in for redevelopment is now due the fee. Mr. Dorling stated any single family that was built after has paid the fee and would only have to pay the fee once so it would be credited going forward. He stated this would also apply to any multi-family development. Mr. Dorling stated it also eliminates some language in the code which is contrary to paying that more than ante. At its meeting of July 20, 2409, the Planning and Zoning Board considered the text amendment and recommended approval with a 5 to 0 vote. At its meeting of July 21, 2408, the City Commission considered the text amendment and reconunended approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Connnission regarding Ordinance No. 34-49, the public hearing was closed. Mr. Bernard moved to adopt Ordinance No. 34-09 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 4 vote. 16 08118149 10.C. ORDINANCE NO 38-09 {SECOND READINGISECOND PUBLIC HEARING).. Consider aprivately-initiated amendment to the Land Development Regulations (LDR) Section 4.4.12, "Planned Commercial (PC) District", Subsection (D), 44/"+ondltional Uses and Structures Allowed", and Subsection (G), "Supplemental District Rlegulations", to provide regulations for the Silver Terrace Court3'ards Overlay District; enacting Section 4.5.17, "Silver Terrace Courtyards Overlay District", to define the overlay district; amending Sections 4.7.1, "Definitions", Section 4,7,2, "Applicability", and Section 4.7.5, "Density Bonus Program for the Southwest 10th Street and I-951CSX Railroad Corridor Overlay Districts", to provide for the creation of a new Workforce Housing Overlay District; amending Section 4.7.9, "General Provisions", Subsection "o", to modify the provisions allowing non-eligible occupants to occupy workforce housing rental units under certain conditions. office.) The caption of Ordinance No. 38-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPI~SENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED" AND SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE REGULATIONS FOR TIME SILVER TERRACE COURTYARDS OVERLAY DISTRICT; ENACTING SECTION 4.5.17, "SILVER TER,I2ACE COURTYARDS OVERLAY DISTRICT", TO DEFIt~IE THE OVERLAY DISTRICT, A4MENDING SECTIONS 4.7.1, "DEFATITIONS", SECTION 4.7,2 "APPLICABILITY", A,ND SECTION 4.7.5 "DENSITY HONEYS PROGRAM FOR 'I`IIE SOUTHt~TEST 10~ STREET AND I-951CSX RAILROAD CORRII:~OR OVERLAY DISTRICTS", TO PROVIDE FOR TI.1l CREATION OF A NEW WOR:I~FORCE HOUSING OVERLAY DISTRICT; AMENDING SECTION 4.7.9, "GENERAL PROVISIONS", SUBSECTION "O", TO MODIFY 'I'HE PROVISIONS ALLOWING NON- ELIGIBLE OCCUPANTS TO OCCUPY WORKFORCE HOUSING RENTAL UNITS L;rNDER CERTAIN CONDITIONS, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No, 38-09 is on file in the City Clerk's 1? 08118109 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 in April 2009 the City Commission considered a Comprehensive Plan Amendment 2009-1 which included a privately-initiated text amendment to modify the description of the GC {General Commercial) Future Land Use designation to increase the maximum density far residential uses from 12 units per acre to 22 units per acre and decrease the maximum intensity for non-residential uses from an FAR of 3.0 to 0.75 specific to the proposed Silver Terrace Courtyards Overlay District. Mr. Darling stated it adds district regulations to Section 4.4.12, "Planned Commercial (PC) District" to allow those increases in densities and decreases in intensities. At its meeting of July 20, 2009, the Planning and Zoning Board considered the text amendment and recommended approval with a 5 to 0 vote {Glickstein and Pike absent). At its meeting of July 21, 2009, the City Commission considered the amendment 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. 38-09, the public hearing was closed. Mr. Bernard moved to adopt Ordinance No. 38-09 on Second and FINAL Reading, seconded by Mr, Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr, Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote, At this point, the time being 7:19 p.rn., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. Ci#y Manager's response to prier taublic comments and inauiries. The City Manager had no response to prior public continents and inquiries. 11.B. From the Public. There were no comments and inquiries from the public. At this point, the time being 7:19 p.m., the Commission moved to Item 12, First Readings, 18 08118/09 12, FIRST READIlYGS: 12.A. ORDINANCE NO. 42-09: Consider achy-initiated amendment to Chapter 71, "Parking Regulations", Section 71.006, "Surcharge on Parking Fines"; to provide for an increase in the surcharge an parking fines to hand the school crossing guard program. If passed, a public hearing will be held an September 10, 2009. The caption of Ordinance No. 42-09 is as follaws: AN ORDIN,fi-NCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CF[APTER 71, "PA~tKING REGULATIONS", SECTION 71.006, "SURCHARGE ON PARKING FINES"; TO PROVIDE FOR AN INCREASE IN THE SURCI3[ARGE ON PA.RI~ING FIDES TO Fl/ND THE SCHOOL CROSSING GUARD PROGRAM; PROVIDING A SAVING CLAUSE, A GEI*IER:.AL REPEALER CLAUSE, A~tD AN EFFECTIVE DATE. {The official copy of Ordinance No. 42-09 is an file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Cathy Kozol, Assistant City Attarney/Palice Legal Advisor, stated this ordinance will increase the parking surcharge fine from $5.00 to $10.00. The increase in this surcharge will generate additional revenue of approximately $30,000.00 to the City for the School Crossing Guard Program making the total fine of $35.00. Mr. Frankel asked who is going to be checking the parking meters after 4:00 p.m. Ms. Kozol stated usually the parking enforcement specialists da for the Police Department. Mr. Frankel stated this is a necessary program and feels the gentleman who made the comment this evening has a point. Ms. Kozol stated it is usually the Volunteer Program and noted she will bring Mr. Frankel's concern up at their next meeting, Mr. Bernard moved to approve Ordinance No. 42-09 an FIRST Readings seconded by Mr. Frankel Upan rail call the Commission voted as follaws: 1~rlr. Frankel - Yes; 11?lr. Bernard -Yes; Mayor McI}uffie -Yes;llrlr. Eliopoulos -Yes; Nir. Fetzer - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission waved back to Item 9.F. of the Regular Agenda. 9.F. US 1 MODIFICATIONISth AVENUE AT DELRAY~ Authorize staff to provide 5th Avenue of Delray with the ultimate design cross section for the 100 Block of NE 5th Avenue and have the development construct the proposed improvements along the east side of US 1 between N.E. 1st Street and N.E. 2nd Street. 19 08/18/09 Randal Krejcarek, City Engineer, stated this is a mixed-use development that is on the east side of southbound Federal Highway {N.E. Skh Avenue) between N.E. ls~ Street and N.E. 2"d Street. The development takes up about 440 feet of the 504 foot long block. Mr. Krejcarek stated the site plan that was approved for this development includes constructing new paver sidewalks along Federal Highway abutting the front of their property and the new sidewalks are proposed in the approved site plan to be five foot wide with the curb and gutter base going back where the curb and gutter currently exist ar have existed before they started the development. He stated in May 2009 staff had discussion about the Federal Highway project and the permit modification to that project ~oing from two lanes to three lanes and the section between S.E. 2°d Street and N.E. 2" Street both on northbound and southbound Federal Highway, the proposed ultimate section of that four block section was to have much wider sidewalks to encourage pedestrian circulation in the downtown area. Mr. Ksejcarek stated he is requesting to partner with the people at S~' Avenue at Delray to avoid them putting in a five foot wide sidewalk right now with new curb and gutter. In 2011, Mr. Krejcarek stated when the funding for the proposed Federal project becomes available the City is going to have to take that out to make the wider sidewalks. He stated the City would do the design and S~' Avenue at Delray would do the constnzction. Ntr. Krejcarek stated they are required as part of their development conditions to contribute to the widening so in essence they would be paying now and paying again as part of their condition of approval of their site plan. He stated staff s goal with this project is to try to work together in a partnership to save money, time, and resources. I1rr. Eliopoulos asked if there is a cost far the City associated with this, Mr. Ksejcarek stated he had a meeting with the developer and informed him that since the City is going to be doing the design. They will do the construction because they have to give the City the money anyway. I~r1r, Fetzer asked if this is Conununity Redevelopment Agency (CRA) fiunding for the design. In response, Mr. Krejcarek explained that this is CRA funding far the design. Mr. Eliopaulos stated this particular block is the extent of it because we are going from George Bush Boulevard to S,E. 14~' Street. Mr. Fetzer stated in May the Commission reached a unanimous consensus that they in concept endorse moving ahead with this. He stated initially he had reservations about it but as he found out more on our test results about what this is really accomplishing and trying to look further in the future he supported it, Therefore, Mr. Fetzer stated he supports moving ahead with this project at this time. Mr. Frankel expressed concern over the workmanship of the developer. He stated there is garbage everywhere and asked if it would be possible for the City to da the work and then pay. Mr. Frankel reiterated that the workmanship is not up to great standards. Mr. Krejcarek stated this is a Florida Department of Transportation ]?DOT) right-off way so not only are there City inspectors but engineering inspectors would 24 48118109 inspect items like sidewalk in the right-of--way, any roadway work or any parking lots they would have to do. He stated as far as the building or the landscaping around the building, the Engineering Department does not do those inspections because this is handled by another deparlrnent. Mr. Krejcarek stated with regard to the construction of the sidewalk and the roadwork the City would be watching over that very closely plus they have to receive FD{~T approval. Therefore, 11rIr. I~.rejcarek stated if it is not up to FDQT standards they are not going to accept it and they are going to have to redo it until they get it up to FD(JT standards. Mr. Frankel stated as it would be a cost savings to the City; he supports it and urged staff to watch over the developer. Mr. Eliopoulos stated when FDOT is doing inspections it is a difficult process and stressed that they are going to be watched. 1Vlr. Eliopoulos moved to approve to provide 5~' Avenue of Delray with the ultimate design cross section for the 100 Block of N.E. 5~' and have the development construct one-half of these improvements, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel --Yes. Said motion passed with a 5 to 0 vote. 9.G. VOLUNTARY CONTRIBUTIONS FOIL CULTURE AND T1FCE ARTSJCREATIVE CITY COLLABORATP4TE: Consider approval to allow the Creative City Collaborative to transfer the grass amount of funds collected through the Voluntary Contribution to Cultural Facilities and Arts Program to the Creative City Collaborative account. Robert A, Barcinski, Assistant City Manager, stated the City is being requested by the Creative City Collaborative to consider transferring the gross amount of funds selected versus the net and noted that staff collected $2,001.00. Mr. Barcinski stated the cost of the flyers {21,000 in color) went out with the water bills and the cost of the flyers was $1,375.00 and the net is $626.00. He stated last year the Commission wanted to try this program once a quarter and really wanted to da this on the City's water bills with a checkbox; however, the program does not allow the City to do that so this has to be done like this. Mr. Barcinski stated they da have a small account with the leftover funds from the old Delray Beach Cultural Council {approximately $3,400.00) and the purpose of this money is to build it up to do small grants for cultural programs, etc. Mr. Eliopoulos asked the reason far this request. Mr. Barcinski stated the Creative City Collaborative would like to get more money in the pot so they can start the grant program a little sooner next year and hopefully get another quarter or two and start building it up. 21 08/18/09 Mr. Fetzer asked how fang ago was it that we made the initial flyer that was sent out. Mr. Barcinski stated the flyer was sent out around AprillMay and this will be done once a quarter. Mr. Bernard stated it is costing the City too much money and suggested reducing the cost. Mr. Barcinski stated hopefully we can get more publicity (i.e. webpage, etc.) and the Committee feels with more public relations we could get something. Mr. Fetzer stated he would like to see us try to publicize it and he had bigger hopes for this but feels this was done on a much smaller scale the first time. 1Vlr. Fetzer stated he hopes this can materialize into something much more than this. Mr. Frankel commented about the computer issues that staff had in April 2008 and asked if anything was updated. Mr. Barcinski stated that the City still has the same computer system, 1~rJr. Bernard stated he would like to keep it at the net amount in an effort to save costs, Mayor McDuffie commented that the City software is HTE and asked if this is what is being used for the utility bills. The City Manager stated the City is using HTE for the City's utility bills. The City Manager stated this is one more thing that staff would like to be able to do but cannot because of the software and this is another reason for possibly making a change. Dr, Jay Alperin, Vice Chair of the Creative City Collaborative, stated the original plan was a significant budget where they were going to hire a professional administrator and staff and do some fundraising, Dr. Alperin stated by the time they were incorporated the City was in trouble with regard to the budget so that was removed. He stated now this is a voluntary corporate non-profit that is for the City's cultural benefit. Dr. Alperin encouraged the Commission to let the Board know that the effort that they are starting is not going to be taken away from them the first time they raise some money. Mr. Bernard asked if Dr. Alperin has any suggestions in terms of reducing the costs, Dr, Alperin stated they did not know what the cost was going to be and this was the first concept of any kind of fundraising without professional advice. Mr. Eliopoulos stated he concurs that the Committee needs some encouragement because it is going to have a big impact down the road. He stated this is still at the beginning stages of its potential and he commends this group because it is a special group with a lot of talent. The City Manager stated the City could absorb the cost in Utility Billing because it would be insignificant in terms of a budget of their size. 22 08I18f09 Mayor McDuffie stated now more than ever we need to reach out to the publictprivate partnerships and ask our community to step up to the plate and help us out. He stated he supports passing it on to the City Collaborative Organizational Committee. Mr. Bernard stated after listening to Commissioner Eliopoulos and Mayor McDuffie he has another viewpoint. Mr. Frankel moved to approve the Creative City Collabarative's request to receive the gross amount of $2,001.00, seconded by Mr, Bernard. Upon roll call the Commission voted as follows; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr, Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 9.II. SPECIAL EVENT REQUEST/THE SOUPER RACE: Consider approval of anew special event, "The Souper Race, " a SK Walk/Run to be produced by People to People International Delray Beach Student Chapter, proposed to be held on October 18, 2009 from 7:30 a.m. to 10:30 a.rn.; to grant a temporary use permit per LDR's Section 2,4.6{F} for the use of Anchor Park and the City right-of--way along Ocean Boulevard from Casuarina to George Bush Boulevard, to waive parking meter fees in Anchor Park and Sandoway lots, and to authorize staff support for traffic control, security, barricading, use of the small stage and trash boxes; contingent on the receipt of a Certificate of Liability Insurance and an executed Hold Harmless Agreement two {2} weeks before the event. Mx. Bernard moved to approve the Special Event Request for The Souper Race to be held on October 18, 2009 from 7:30 a.m. to 10:30 a.m., seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr, Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; 11?lr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9_L REQUEST fi0 ADVANCE COUNTY FUNDINGIROOTS CULTURAL FESTIVAL, INC.: Consider approval of a request to provide advance funding in the amount of $5,000.00 to Roots Cultural Festival, Inc. which will be reimbursed to the City by a Palm Beach County grant and approval of the Advance Funding for County Grants agreement between the City and Roots Cultural Festival, Inc. Funding from 001-1111-511-48.10 {General Fund%Promotional Activities/Special Events}. Robert A. Barcinski, Assistant City Manager, stated the Commission is being asked to advance the $5,000.00 grant to Roots Cultural Festival, Inc. Mr. Barcinski stated this was pre-approved before Cornrr~issioner Greene went out of office and noted the money is still available. Staff requests that the Conunission approve the Advance Funding for County Grant Agreement to provide $5,000.00 advance for the 2009 Roots Cultural Festival to advance the County commitment for funding with the condition that funds will be dispersed upon the receipt of an invoice to be paid. 23 08118/09 Mr. Frankel moved to approve the request to advance County Funding for County Grant Agreement between the City of Delray Beach and Raats Cultural Festival, Inc. to provide a $5,044.444 advance far the 2449 Roots Cultural Festival with the condition that funds will be dispersed upon the receipt of an invoice to be paid or a paid invoice for purposes authorized under the grant, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr, Frankel -Yes; Mr. Bernard - Yes; Mayor McDuffie -Yes; 1Vlr. Eliopoulos -- Yes. Said motion passed with a 5 to 4 vote. 9.J. RESOLUTION NO. 35-09/BULIGET ~±-MENDMENT; Consider approval of Resolution No. 35-49 amending Resolution No. 44-48 adopted September 16, 2448, and Resolution Na. 26-49 adopted June 16, 2049 which made appropriations for necessary expenditures of the City far the FY 2448/2449, by setting forth the anticipated revenues and expenditures for the operating hands of the City for the fiscal year 244812449. The caption of Resolution No. 35-49 is as follows; office.} A RESOLUTION OF THE CITY C411rIlV1ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 44-48 ADOPTED SEPTEMBER 16, 2408 AND RESOLUTION 26-49 ADOPTED ~ 16, 2409, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDIZ'I:~RES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR TIDE FISCAL YEAR 2008/2449, BY SETTING FORTH THE ANTICIPATED REVENUES ~,ND EXPENDITU.RES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 240812409; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. {The official copy of Resolution No. 35-49 is an file in the City Clerk's The City Manager stated Resolution Na. 35-49 provides far various adjustments due to the exclusion of the special assessment contribution to the Osceola Park project. Mr. Eliopoulos moved to approve Resolution No, 35-09, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 4 vote. 24 48118/09 9.K. APPOINTME]~TTS TO THE PLANNING & ZONING BOARD: Appoint three (3) regular members to the Planning & Zoning Board for two (2) year terms ending August 31, 2011, Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5), Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2). Mayor McDuffie stated he wished to appoint Connor Lynch as a regular member to the Planning and Zoning Board to serve a two (2) year term ending August 31, 2011. Mr. Frankel so moved, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr, Frankel -Yes. Said motion passed with a 5 to 0 vote. Mr. Eliopoulos moved to reappoint Alson Jacquet as a regular member to the Planning and Zoning Board to serve a two (2) year term ending August 31, 2011, seconded by Mr, Fetzer. Upon roll call the Comnssion voted as follows: Mayor McDuffie -Yes; I1rIr. Eliopoulos -Yes; Mr. Fetzer -Yes; 11rIr. Frankel -Yes; I1rIr, Bernard -Yes, Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to reappoint John Miller as a regular member to the Planning and Zoning Board to serve a two (2) year term ending August 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Corrunission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.L, APPOINTMENTS TO THE SITE PLAN REVIEW & APPEAp:ANCE BOARD: Appoint two {2) regular members to the Site Plan Review & Appearance Board for two (2) year terms ending August 31, 2011, Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5) and Commissioner Eliopoulos (Seat #1}. Mayor McDuffie stated he wished to appoint George Brewer as a regular member to the Planning and Zoning Board to serve a two (2} year term ending August 31, 2011. Mr, Frankel so moved, seconded by Mr, Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel --Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to vote. Mr. Eliopoulos moved to appoint Scott Porten as a regular member to the Planning and Zoning Board to serve a two (2) year term ending August 31, 2011, seconded by Mr. Fetzer, Upan rail call the Commission voted as follows: Ntr, Frankel - Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; 11rIr, Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote. 9.M. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two (2) regular members and two (2) alternate members to the Board of Adjustment to serve two (2) year terms ending August 31, 2011. Based upon the rotation 25 08118109 system, the appointments will be made by Commissioner Fetzer {Seat #2), Conunissioner Frankel {Seat #3), Commissioner Bernard {Seat #4) and Mayor McDuffie (Seat #S). Mr. Fetzer maved to reappoint Jess Sowards as a regular member to the Board of Adjustment to serve a two {2} year term ending August 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to reappoint Bryce Newell as an alternate member to the Board of Adjustment to serve a two {2) year term ending August 31, 2011, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; ltrir. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Zulr. Bernard -Yes. Said motion passed with a 5 to 0 vote. Mr. Bernard moved to appoint Mel Pollack as an alternate member to the Board of Adjustment to serve a two {2) year term ending August 31, 2011, seconded by ltrlr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; 11r1r. Fetzer -Yes; Mr, Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie stated he wished to reappoint Sigurdur Hardester as a regular member to the Board of Adjustment to serve a two {2) year term ending August 31, 2011. N[r. Frankel so moved, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mx. Bernard -Yes; Mayor McDuffie -Yes; NCr. Eliopoulos ~--Yes. Said motion passed with a 5 to 0 vote. 9.N. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one {1) regular member from Zone 1 to the Neighborhood Advisory Council to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Frankel {Seat #3). Mr. Frankel moved to appoint Sal Cherch as a regular member to serve an unexpired term ending July 31, 2011, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: I~lr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer--Yes. Said znation passed with a 5 to 0 vote. 9.0. APPOINTMENT TO THE 1~lUISANCE ABATEMENT BOARD: Appoint one {1} alternate member to the Nuisance Abatement Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Bernard {Seat #4), Mr. Bernard maved to appoint Wendy Smith as an alternate member to the Nuisance Abatement Board to serve an unexpired term ending July 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -- Yes; Mr. Eliopoulos -Yes; 11?lr. Fetzer -Yes; Mr. Frankel -Yes. 26 08/18109 Said motion passed with a 5 to 0 vote. 9.P. CANCELLATION OF CONTRACT TO GROUND 1~~EPERS, INC./AWARD OF NEW CONTRACT TO SPORTS TURF ONE. INC.: Consider approval to cancel a contract award to Ground Keepers, Inc., for Landscape Maintenance of three (3} baseball fields at Pompey Park {Bid #2009-16}, and authorize staff to award the contract to the next eligible bidder, Sports Turf One, Inc. in the estimated amount of $35,000.00 far the balance of the contract. Funding is available from 001-4131-572- 34.90 {General FundlOther Contractual Services}. {ADDENDLT~1) Linda K:.areh, Director of Parks and Recreation, stated this item is a request to cancel a contract award to Ground Keepers, Inc. for Landscape Maintenance of three (3} baseball fields at Pompey Park (Bid #2009-16}, and authorize staff to award the contract to the next eligible bidder, Sports Turf One, Inc. in the estimated amount of $35,040.00 for the remainder of the contract term. At its meeting of Apri121, 2009, the City Commission awarded Bid #2009-16, Landscape Maintenance at Pompey Park-Three (3} Baseball Fields to Ground Keepers, Inc. Three vendors submitted proposals for this bid. Ground Keepers, Inc. (low bidder}, EDJ Service, Inc. (did not attend mandatory pre- bid meeting} and Sports Turf One, Inc. Ground Keepers is currently on a three month probation period and has failed to meet contract standards. They have also failed to provide the aerification of the fields at the correct times, failed to identify mole crickets and failed to mow and cut the Bermuda grass properly every time. Ground Keepers, Inc. assured the City that they could perform to City standards at the quoted prices, but to date have failed to do so and due to the poor performance the three ball fields at Pompey Park have fallen into very poor conditions. Ms. Karch stated due to Ground Keepers failure to perform and failure to meet the contract standards, staff recommends awarding the balance of the contract to Sports Turf One, Inc. Mr. Bernard stated Sports Turf One, Inc. submitted a bid for $45,000.00 and asked if the City has to pay this amount. Ms. Karch stated there is three months into the contract already and the City would pay Sports Turf One, Inc. $35,000.00 for the remainder of the year and if we wanted to extend their contract into the following year then they would be entitled to the $45,000.00. 1Vlr, Eliopoulos moved to approve the cancellation of the contract to Grounds Keeper, Inc. and award to Sports Turf One, Inc., seconded by 11!tr. Fetzer. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; Rtlr. Frankel -Yes; Zti~r, Bernard -Yes. Said motion passed with a 5 to 0 vote. 9 Q INTERLOCAL AGREEMENTITOWN OF GULF STREAM/BUILDING PERMIT AND INSPECTION SERVICESr Consider approval of an Interlocal Agreement with the Town of Gulf Stream to provide Building Permit and Inspection Services. {ADDENDUM) Lula Butler, Director of Community Improvement, stated this item is consideration of a proposed Interlocal Agreement between the City of Delray Beach and 27 08/18/09 the Tawas of Gulf Stream far building permit and inspection services. Staff also requests to submit the same to Mr. William Thrasher, Gulf Stream Tawas Manager. Mrs. Butler stated City staff met with them on July 28, 2009 and these services had been supplied to them by Palm Beach County since 1985. She stated Palm Beach County has had a lot of reductions and have reduced the number of days that they provide the service. ZVirs, Butler stated Gulf Stream prefers to have five day service. Mrs. Butler stated the way the process will work is they have a zoning committee and look at all the zoning and architectural features of any structure being built there and then they send those on to the City far the building permit, She stated the City will control the building permit approval and inspection process and issue the Certificate of Occupancy on these units. Mrs. Butler stated the City keeps all the building permit fees that they collect. Staff reviewed the activity levels that they have with the County for the past two years and estimate that the City will earn approximately $100,000.00 next year if we are awarded this agreement with them. 1Vlr. Bernard moved to approve the proposed Interlocal Agreement between the City of Delray Beach and the Town of Gulf Stream to provide Building Permit and Inspection services, seconded by Mr. Eliapoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -- Yes; Mr, Frarllcel - Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being '7:53 p.m. the Commission moved to Item l3, Comments and Inquiries on Non-Agenda Items. 13, COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated he was able to get same information on the car break-ins which occurred May 23-25, 20(}9 during the La Crosse tournament at Hilltopper Stadium, He stated about noon on May 25, 2009 an officer responded to that location to take a report on a burglary to auto. The City Manager stated while there she was approached by two other victims who had their cars broken into and an area check resulted in discovery of a fourth burglary, The City Manager stated as many as 10-15 vehicles were entered during the weekend tournament; however, we cannot confirm the accuracy of that because there were no other police reports. He stated the City is aware of four; however, regardless of the actual number it appears that it was an isolated incident and unfortunately the Police Department was not aware that the lot was being utilized looking at it from Seaerest Boulevard it looks like it is closed as part of the construction site so they were not regularly patrolling it. The City Manager stated Community Patrol has been directed to increase their presence at the lot and spot cars as necessary. He stated they have open communication with Todd L'Herrou from the Delray Beach Athletic Club and will assist him in his organization in any way that we can. 28 08/18/09 Secondly, the City Manager stated he attended the League of Cities Convention this past week and the City received two certificates of appreciation for the work that we are doing in civic education. He stated one certificate is for the resolution that the City just passed and one is for the specific things that we are doing like the Citizen's Academy and the Student Shadowing. Lastly, the City Manager stated he ran into a gentleman from Sarasota who said he is a lighting consultant on a house that Mr. Eliopoulos is doing in Gulf Stream. The City Manager suggested looking at some of his products and explained that he has a patent on a pedestal type light fixture. The City Manager stated it is about one foot square and has a solar panel actually built into the tap of it so that it would operate off solar power and you put them every 40 or 50 feet along the beachfront. He stated it has amber light, meets turtle requirements, and it is programmed so that you can change the programming. He stated typically if you have it on bright from 6:00-9:00 p.m. from 9:00-12:00 p.m. it is a little dimmer, and at 12:00 p.m. it turns off but if anyone walks within 50 feet of it, it turns back on again. Also, the City Manager stated the company that this man is associated with has extreme light that in tuurtle season can remit a light in the red spectrum {is now what the Federal Fish and Wildlife people want) and the unique thing about this light fixture is when turtle season is aver you can change it to white light and have a full illumination. The City Manager stated he has asked Randal Krejcarek, City Engineer, to check with FDC}T {Florida Department of Transportation) to see if they would accept changing to that kind of fixture. The City Manager stated the street lights axe all LED lights and are very low in energy usage. He stated the street lights will be much less expensive to operate than the ones we have now. 13.8, City Attorney The City Attorney had no comments or inquires on non-agenda items. 13.C. City Commission 13.C.1. Mr, Fetzer Mr. Fetzer stated last Monday he met with City staff, Diane Colanna, and members of the BPOA {Beach Property Owners Association) to discuss the Beach Master Plan. He stated the date set for the Charrette is going to be November 7, 2009. Mr. Fetzer stated they are going to assign a small Steering Committee to help make preparations for the Charrette but they seem to very happy with the level of support they are receiving from the City and the CRA. Lastly, Mr. Fetzer stated the City has received a response to all the issues regarding Waste Management and asked the City Manager what his plan is in terms of getting that information to Mr. MacNarnee. The City Manager stated he has sent the information to 1VIr. MacNamee's email address. Mr. Fetzer stated he would like to get Mr. MacNamee's response so that we can get this closed out. 29 08118109 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated he is happy to see that staff is looking into the Knowles Park vs. Mangrove Boat Ramp issue. He stated in comparing the two one of the main things that stood aut was the mean high watez level. Mr. Eliopoulas stated in his opinion it still would have been the responsibility of the professionals and he would like to see if there is documentation that this was outlined. Mr. Eliopoulos stated he does not feel it is in our staff s expertise to lrnow what it was supposed to be because they had the length but the issue was the height. Mr. Eliopoulos stated this is still a concern of his about how it got there and feels it is one thing if we were made aware of it and we thought we had other options. He stated he would still like to pursue this and see what was actually stated with this condition. Secondly, Nir. Eliopoulos thanked staff for mailing the Agenda package to him because he was out of town for his grandmother's 104th birthday. 13.C.3, Mr. Bernard Mr. Bernard stated this is his last meeting and thanked the citizens and residents who have supported him and who have given him the opportunity to serve them. He stated it has been a pleasure serving on the Commission anal thanked everyone on the dais. 13.C.4. Mr. Frankel Mr. Frankel stated the City Attorney informed him that the pain clinic ordinance is progressing and will be going to the Planning and Zoning Board next month. He thanked the City Attorney's office for working so hard and quickly on such an important issue for our city. Secondly, 11rIr. Frankel stated he attended the Florida League of Cities ~~~nual Conference with the City Manager in C}rlando. lair. Frankel stated it was a great conference and noted that they discussed thirty ways to reduce expenses. He stated he does not agree with everything but he thought it was ir.~formative. Mr. Frankel stated the reception he got from the neighbors in Florida was remarkable and he got a lot of experience that is necessary far the job that the Commission does. He thanked the Commission for voting for him to attend this because it will be beneficial to both him and the residents of the city. Secondly, Mr. Frankel commented about the fire-service fees charged by our neighboring cities. Mr. Frankel stated tomorrow night he is bartending with Mayor McDuffie at La Cigale for the Lupus Foundation between 6:00-8:00 p.m. 30 08/1809 Lastly, Mr. Frankel congratulated Mr. Bernard and stated he has been great friend. Mr. Fracikel stated he appreciates all the help that Mr. Bernard has given him as the new guy an the Commission and wished him the very best. 13.C.5. Manor McDuff e Mayor McDuffie thanked 1Vir. Frankel for being the City's voting delegate representative and bringing the infarmatian back to the rest of the Commission. Secondly, Mayor McDuffie stated it has been a pleasure working with Mr. Bernard and wished him much luck. Mayor McDuffie stated this past week the City of Delray Beach jointly hosted an event with the Off ce Depot (store located an Military Trail} Foundation in celebration of the backpacks that they provide to our students each year. He stated this was the two millionth celebration of the backpack give-a-way since `Office Depot started this program and they distribute backpacks to the needy children in our community. Mayor McDuffie stated when his kids were little and they shopped far backpacks to them at that age it was like shopping for a new car. He stated receiving a new backpack is an item of self esteem for the children. Mayor McDuffie stated the backpacks are also loaded with educational supplies and encouraged everyone to thank Mary VtTang with the Office Depot Foundation. Mayar McDuffie stated the Commission has not given up an the City of Delray Beach and distributed handouts (which he will present at another meeting} that he compiled regarding the millage rate assuming that there is an increase. He stated it is a good idea to put things in tangible form so that people can understand what they are really ta1l;.ing about. Mayor McDuffie stated since he does this for a living he did some calculations regarding the proposed tax notices that went out with the proposed millage rate from Delray Beach of '7.3833. Lastly, he stated around election time he promised that he would put together a Presidents' Council. Mayor McDuffie stated he sent out 242 invitations and held a meeting regarding the budget. He stated it was a very rewarding night and he would like to keep this up either monthly or quarterly. Mayor McDuffie stated he believes we have a lot of supportive residents in the City ofi7elray Beach. There being no fiu°ther business, Mayor McDuffie declared the meeting adjourned at 8:I3 p.rn. City Clerk 31 08/18149 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 August 18, 2009, which Minutes were formally approved and adopted by the City Commission on September 10, 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. 32 08118/09 IN THE GITY COMMISSION CHAMBERS OF THE CITY (JF DELRAY BEACH, FLORIDA TWENTY-FOUR MONTH EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL GRANTED TO VILLAGE SQUARE TO ALLOW DENSITY IN EXCESS OF 12 UNITS PER ACRE IN THE SOUTHWEST AREA NEIGHBORHOOD OVERLAY DISTRICT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named twenty-four month conditional use extension request has come before the City Commission on August 'I $, 2009. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the Gity Gommission pertaining to the conditional use extension request for the Village Square at Delray Beach development. All of the evidence is a part of the record in this case. Required Endings are made in accordance with LDR Section 2.4.4{F}{1}and {F}{2}. 4. Section 2.4.4{F}{~ } requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of ~) ~ months unless otherwise stated. Have the preliminary requirements of Section 2.4.4{F}{1} been met? Yes X No City Commission Meefing- August l8, 2009. Item 9,A. 5. In making a determination under LDR Section 2.4.4(F)(2) the Commission shall consider the following regarding the diligence and good faith of the Developer: When the construction commenced; The extent to which construction has proceeded; The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standarci. Has the Developer shown diligence and good faith to commence and cornple#e construction of Village Square? Yes X No 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the Comprehensive Plan and CDR requirements in existence at the time the original site plan was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 8. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 10. Based on the entire record before it, the City Commission approves X denies the conditional use extension request to allow the previous conditional use approvals to be valid until August 20, 2091 subject to the following conditions: a. That a letter from the School District of Palm Beach County indicating that the proposed project meets current School district ' Performance Standards needs to be provided; and City Cornmission~Meeting August 18, 2009; Item 9.A. b. That a letter from the Traffic Division of Palm Beach County indicating that the proposed project meets the required Traffic Concurrency Performance Standards needs to be provided; and c. The original conditions listed in the original conditional use approval, The City Commission hereby adopts this Order this "I 8th day of August, 20Q9, by a vote of ~ in favor and ~ opposed. ATTEST: , Chevelle Nubin City Cleric pity Commissi+~n8Nleeting August I8, 2Q09; item 4.A. FORIVt 8B ~ENiORAND~IM OF VOTING CONFLICT FOR BOUNTY ~UNICIPAL• AND OTHER LOCAL PIJDLIC OFFICER LAST NAME-FIRST NAME---MtaaLE NAr~AE NAME Of 90ARD, COUNCIL, GoMMtSS10N, AUTH4R{'FY, OR COMMrI7EE Bez7nard Mackenson De3.ra Beach City Cot~i.ssion MAILING ADDRSSS THE B(7ARD, COUNCIL., COMMISSION, AUTtlortmr OR coMMfTTEE oN )1~3~ F'entonr Drive Y~kiICH I SEr2VE IS A UNIT OF: CITY COUNTY CiCOUNrY OOTHERLOCALAGENCY 3344 Palm BeaCt1 o>cida Delra $each Fl NAME ~ POLrfrCAL SUBDIVISION: . . h i ~ 7} l B eac ra t ~ e C DATE ON WHICH VOTE OCCURRED MY POSiT1ON IS: ~.i3. St ~$ s 2{~Q~ ~ ELEC'nYE C] APFflIN71VIE WHO MUST 1=ALE FORM 8B This form is for use by arty person serving at the county, city, tx 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 ate presented with a voting conflict of interest under Section 112.3943, Fbrida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a ccsnflict of interest wiU 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 reveres side and filing the form. INSTRUCTIONS FOR COMPUl4NGE WITH SECTION '112"3'13, FLORIL?A, STATUTES A person holding elective or appointee c~nty, mun~ipal, or other local public office MUST ABSTAIN from voting on 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 specal 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 prinapai by which he or she is retained}; io the special private gain or loss of a relative; or to the special private gain or kiss 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 offir~r's [ether, mother,'son, daughter, husband, wife, brother, sister, father-in-law, mother-iMaw, 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 Nst~f on arty national or regional stock exchange}. ELECTED OFFICERS» In addition to abstaining from voting in the situations described above, you must disclose the conflict PRl4R T4 THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the rtteasure on which you are abstaining from voting; acrd Wi7HIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recxrrding tits min- utes of the meeting, who should incorporate the form in the minutes. ~ ! i t M M i ~. t ~ a L ~e ~• r r APPOINTED OFFICERS» Although you must abstain from voting In the situations described above, You otherwise may partk~pate in these matters. However, you must dsctose 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. ' 1F Y4U INTEND 74 BRAKE ANY ATTEMPT T4 INFLUENCE THE DEC1S14N PRi4R T4 THE MEETING AT WHICH THE VOTE Wl[.L $E TAKEN: • You must cxrmplete and file ti'1is form (before making any attempt to influence the decision} with the person responsible for retx}rding the minutes of the meeting, who wilt incorporate the foml in the minutes. (Continued an other side} CE FC7RM SB - EFF. 9rZtI00 Zteffi 9 .A PAC3E 1 ARRC3lNTED OFFICERS {c©ntinued} ' • A Dopy of the form must be provided immediately #o #lte other members of the agency. • The form must be read publicly at the next meeting after the fern is fined. • iF YOU MARE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSit~N AT THE MEETING: You must disclose orally the nature of your convict in the treasure 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 €onn 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. DISCLOSURE OF LOCAL OFFICER`S INTEREST 1, lfackeus°~x Bernard hereby disGose that on Arigust 18 20 ~~ {a} A measure came or wiE1 come before my agee-cy which (check one) ' Inured #o my special private gain or loss; = inured to the special gain or loss of my business associate, _ inured to the speclal gain or loss of my relative, ,~ inured to the special gain or loss of , by whom 1 am retained; or inured to.the spedal gain or loss of which is the parent organization or.subsidiary of a principal which has retained rite. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows; ~~ ~ . loots Flied Signature N01'tCE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REGIUtRED DISCLOSURE CONSTITUTES GROUNDS FOR FIND MAY 8E PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMUVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION iN SALARY, REPRtNIAND, OR A CIVIL PENALTY NQT TO EXCEED $14,000. CE FC1f2M 88 ~ EFF. 'r!2©~U PACE 2