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12-01-09 Regular Meeting MinutesDECEMBER I, 2009 A Regular Meeting of the City Conrrmission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S, McDuffie in the Commission Chambers at City Fall at 6:40 p,m., Tuesday, December 1, 2449. 1. Roll call showed: Present ~ Commissioner Gary P. Eliapoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Representative Patrick Archer with the First Church of Christ Scientist. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPRt~VAL. Mayor McDuffie stated there is additional information far Item 9.C,, Request for Valet QueuelTramonti Restaurant and Item 9.E., Revised ProposaU{~ld School Square Retail Space Garage. Also, Mayor McDuffie noted the addition of Item 9.I., Employee Recognition for Fiscal Year 2009 Budget Surplus to the Regular Agenda by addendum. Mrs. Gray 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; lVlrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 4 vote. 12101/09 5. APPROVAL OF MINUTES: Mr, Eliopoulos moved to approve the Minutes of the Regular Meeting of November 17, 2009, seconded by Mr. Frankel, Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs, Gray -Yes; Mayor McDuffie -Yes; Mr, Eliopoulos - Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. None 7. PRESENTATIONS: 7.A. Mayor's Literacy Initiative -Delray Beach Get Caught Reading Dr, Kathy Weigel, Principal of Atlantic High School, stated Atlantic High School has partnered with the Palm Beach County Education Commission and the City of Delray Beach's Get Caught Reading pmgram and received the Mazy and Robert Pew Public Education Fund grant award of $40,000.00 to create and expand classroom libraries at the school, Dr, Weigel stated they are working with the Education Commission and will be able to secure 40 individual libraries for 9th and 10th grade teachers which will give them 250 books per classroom with the idea that they will be able to renew the grant. The goal is to have a classroom library for every single teacher in the school. Dr. Weigel stated an Sunday, December 14, 2009, they will be visiting a school that has had a very successful program called the Readers/Writers Workshop and Atlantic High School is going to try and emulate that. Dr, Weigel stated Commissioner Gray will accompany some individuals from Atlantic High School and noted that they believe this will significantly raise the reading levels, Dr, Weigel distributed samples of books and stated some of the books look like comic books and it spurs interest in reading. Mayor McDuffie stated the Mayor's Literacy Initiative is very serious and he has been involved in some of the behind the scenes things that went on before this Pew Grant. He stated somewhere between 51-56°l0 of the students entering Atlantic High School are reading below a 9th grade level. Dr. Weigel stated 94°I° of the original 9th graders who started four years ago received a High School Diploma in May. 8. CONSENT AGENDA: City Manager Recommends Approval. S.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL ~4'ASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Ratify approval of the revised Industrial Waste and Pretreatment Agreement by the South Central Regional Wastewater Treatment and Disposal Board at their Quarter- Annual Meeting of October 15, 2009. 8.B. TRANSFER OF OUTSIDE COUNCIL/GAUNT, PR.ATT, RADFORD, METRE & ROCKENBACH, P.A.IAPPEALS IN CASES REFERENCING LINDA MARKS: Approve authorization to transfer the appointment 2 12101!09 of the firm Gaunt, Pratt, Radford, Methe &Rockenbach, P.A. for legal services in conjunction with the appeal of the cases involving Linda Marks to the firm of Methe & Rockenbach, P.A. B.C. SERVICE AUTHORIZATION NO. 07-13/14'IATHEWS CONSULTING, INC.: Approve Service Authorization No. 47-13 in the amount of $1'78,642.00 to Mathews Consulting, Inc. for professional engineering services related to the design of the Area 11B Reclaimed Water System and other needed water and sewer improvements in the same streets. Funding is available from 441-51.81-536-65.96 (Water and Sewer FundfOther ImprovementslReclaim Water Transmission}. B.D. AMENDMENT NO. 2 TO THE AGREEMENT/LEGAL SERVICESMEARING OFFICER. Approve an amendment extending for two years the agreement between the City and David W. Schmidt for providing legal services to the City as a Hearing Officer. B.E. DISASTER RECOVERY INITIATIVE (DRI}MOUSING REHABILITATION GRANT/GRANT AWARD: Approve one (1} Housing Rehabilitation grant award to the lowest responsive bidder for 133 S.W. 8th Avenue, David J. Thyng, LLC., in the amount of $19,551.38. Funding is available from 118-1960-554-49,19 {Neighborhood ServiceslOther Current Charges/Housing Rehabilitation}. B.F. COMMUNITY DEVELOPMENT BLOCK GRANT CDBGI SUB- RECIPIENT FUNDING AGREEMENTlURBAN LEAGUE OF PALM BEACH COUNTY: Approve and authorize execution of asub-recipient funding agreement with the Urban League of Palm Beach County, Inc. under the Community Development Block Grant (CDBG} program for FY 2009-2010, with total funding in the amount of $6,500.00. Funding is available from 118-1966-554-83.01 {Neighborhood ServicesCOther Grants and Aids}. B.G. COMMUNITY DEVELOPMENT BLOCK GIi;ANT (Cl)BG~ SUB- RECIPIENT FUNDING AGREEMENTlFAIR HOUSING CENTER OF THE GREATER PALM BEACHES; Approve and authorize execution of asub-recipient funding agreement with Fair (lousing Center of the Greater Palm Beaches under the Community Development Block Grant {CDBG} program far FY 2409-2414, with total funding in the amount of $'7,444.44. Funding is available from 118-1961-554-49.17 (Neighborhood ServiceslOther Current Charges/Promotion of Fair Housing), B.H. REVISIONMURRICANE HOUSING ASSISTANCE PLAN aIEIHAP : Approve a technical revision to the Humcane Housing Recovery {HfHR} Program, Hurricane Housing Assistance Plan (HHAP} for Fiscal Years 2005-2448. B_I. AMENDMENT NO. 2 TO THE POMPEY PARK BOOSTER CLUB AGREEMENT: Approve and authorize Amendment No. 2 to the Agreement with Pompey Park Booster Club, Inc. to extend the agreement for an additional one (1) year term. 3 12J41149 8,J. SPECIAL EVENT REQUESTl13TH ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: .Approve a special event request to endorse the 13th Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd, to be held February 27-28, 2010 from 10:010 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6{F) for the closure and use of N.W, 3rd Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis Center parking lot, authorize staff support for security and traffic control, barricade assistance, EMS assistance, and permit an event sign to be erected on Atlantic Avenue just east of I-95 fourteen (14) days prior to the event with the sponsor paying all overtime casts. 8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS; Accept the actions and decisions made by the Land Development Boards for the period November 16, 2009 through November 25, 2009. 8.L, AWARD OF BIDS AND CONTRACTS: 1. Bid award to DaCosta Enterprises, Inc. in the amount of $33,697.00 for construction of a Barwick Road Sidewalk. Funding is available from 334-3162-541-63.11 (General Construction Fundllmprovement C?ther Than BuildingsBikepaths/Sidewalks). Z. Contract award to Insituform Technologies, Inc. in the amount of X61,436,40 far rehabilitation of a sewer segment on S.E. 2nd Street, from S.E. 3rd Avenue to east of S.E. 6th Avenue, as part of the annual Sanitary Sewer Main Rehabilitation program. Funding is available from 442-5178-536-63.51 (Water and Sewer Renewal and Replacement Fund/Impravements QtherJSewer Mains). 3. Purchase award to Qtto Waste Systems in the amount of $30,000.00 for the purchase of hot stamped garbage carts with lids and wheels to be ordered as needed. Funding is available from 433-3711-534-49.35 {Sanitation FundlCart Renewal and Replacement). Mr, Fetzer moved to approve the Consent Agenda. as amended, seconded by Mr. Frankel. Upon roll ca11 the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr, Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 4 vote. 9. REGULAR AGENDA: 9,A. WAIVER REOUESTIMELLOW MUSHROOM: Consideration of a waiver to LDR section 4.6.9{e){3}{d}, to allow Mellow Mushroom to enter into an In- Lieu Parking Fee Agreement with the City to pay the $109,200 in-lieu parking fee in four {4) installments of 25% each with first payment due at signing, instead of three (3) installments with 50% due at signing and two subsequent 25% payments. Mellow Mushroom restaurant is located at 25 S.E. 6th Avenue. (Quasi-Judicial Hearing) 4 12J01109 Mayor McDuffie read into the record the City of Delray Beach procedures for aQuasi-Judicial Hearing for this item. Lanelda Gaskins, Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex pane communications. The Commission had no ex parte communications to disclose. Mark McDonnell, Assistant Planting Director, entered the Planning and Zoning Deparl;ment project file #2010-01?. Mark McDonnell, Assistant Planning Director, stated this is consideration of a waiver request to LDR Section 4.6.9{e){3}(d} to allow Mellow Mushroom to enter into an In-Lieu Parking Fee Agreement with the City to pay the $109,200 in-lieu parking fee for seven {?} spaces in four {4} installments totaling 25°l° each with first payment due at signing, instead of three {3} installments with 50% due at signing and two subsequent 25°lo payments, Mr. McDonnell stated when the applicant was issued their first building permit staff failed to collect the parking in-lieu fee and the applicant has now come forward requesting a mod.ificatlon to the otherwise allowed payment plan thereby requesting the waiver. Mr. McDonnell stated there are four {4} required findings and noted that granting a waiver would normally be considered a special privilege because other in-lieu applicants have had to comply with the 50°I° at permit issuance or paid in fu1L However, because the City failed to execute the agreement and require the first payment at permit issuance, and subsequently issued the certificate of occupancy without payment, the applicant should not be penalized for nonpayment to date. Mr. McDonnell stated the City is not supposed to grant any special privileges and if this occurred with another applicant staff would support the same waiver. Staff recommends approval of the waiver. Ronald L. Platt, President and Owner of Mellow Mushrooms stated for the record he clarified that this will be paid over four (4} payments over a four {4} year period instead of over a three {3} year period. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. The City Attorney briefly reviewed the Board fJrder with the Commission who made findings according to their consensus {attached hereto is a copy and made an official part of the minutes}. 5 12101109 I1t1r. Eliopoulos moved to adopt the Board Order as presented, seconded by Mr. Frac~.kel, Upon roll call the Conunission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Fracikel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9.B. REQUEST FOR VALET UEUEITHE SEAGATE ON ATLANTIC: Consider a request from The Seagate on Atlantic to establish a parking valet queue to be located on the south side of the 1000 block of East Atlantic Avenue. Scott Aronson, Parking Management Specialist, stated this is a request from the Seagate Hotel which recently opened at the 1000 block of East Atlantic Avenue on the south side. Mr. Aronson stated a request has been submitted for a valet parking queue utilizing the three eastern most spaces in front of Atlantic Grille Restaurant, The development proposal was originally for residential units and when it changed to a hotel because of the difference in parking of 0.7 spaces per room for hotels versus the 2,5 spaces for residential units the property ends up with a surplus of 107 parking spaces, Mr, Aronson stated it talks about shared parking in the Comprehensive Plan and parking garages as opposed to parking lots. The Downtown Master Plan also talks about shared parking and using parking facilities which the valet would by making 107 personal parking spaces available to the public. The Downtown Development Authority, the Community Redevelopment Agency, and the Parking Management Advisory Board unanimously recommended approval of the valet queue. Staff also recommends approval. Mr. Fetzer asked if the 107 parking spaces can be utilized by the public. Mr, Aronson stated they are actually private parking spaces owned by the hotel and they will be available to the public through the valet, Mr. Aronson stated staff has not spoken to the private owner about whether or not they would be available to the public on a regular basis. 11rIr. Aronson stated the hotel does have a valet built on Venetian Drive but that is for hotel guests. He stated this valet queue in the public right-of--way would be more for public utilization. The contract would also mandate that they take all comers not just people for the hotel or the Atlantic Grille. l~lr. Aronson stated it serves a benefit to the neighboring businesses as well and their hours of operation would be from 11:00 a.m. -11:00 p.rn. and there maybe some beach goers that might choose to use that. Mr. Fetzer asked if there is any plan to help make the public aware that there is some additional parking that could be utilized even though it is the valet basis. Mr, Aronson stated it will be permitted to put a valet sign out in proximity of the spaces as the other valet queues do. Mrs. Gray asked how much the parking meters generate and stated the valets are $135 per space totaling $374.00 per month for those three (3) spaces. She stated in this economy we are trying to figure out ways to raise money for the City and asked how the City will benefit if we take those parking spaces and turn them into valet queues. Ii?lr. Aronson stated as you get fiu:ther from A-1-A the spaces generate less 12101109 revenue as you head west. He stated historically before the development closed off the parking spaces those spaces did not generate as much revenue as you do when you get closer to the beach. Mrs. Gray asked why the valet queues were not requested during the planning process. Mr. Aronson stated valet queues are by special request before the Commission, Mrs. Gray. stated with all the parking spaces available in the garage and the valet parking on the side of the garage she is trying to understand why we actually need to put another valet queue on Atlantic Avenue and not use the garage and the valet queue an the side of the garage. Mr. Aronson stated there will be busy times of the day where the valet on Venetian is going to be utilized by hotel guests and he believes they are looking to keep a separation between hotel guests, the limousine, the shuttle, and the general public. He stated with regard to the revenue and assuming the spaces would be used between 11:00 a.m. and $:00 p.m., the value of the space if fiill at peak capacity is a little less than $300.00 a month. 11![r. Aronson stated staff considered this when they did the valet queue an East Atlantic Avenue and A-1-A with Fran Marincola for Cafe Luna Rasa queue but Hated these queues a few years ago were $50.00 a piece and stayed that way until 1995 to about 2004. Mr. Aronson stated the valet queue agreements are for all value queues east of the Intracoastal and the City has been increasing them little by little as the renewals come forward. Mrs. Gray asked if staff anticipates if the restaurants on Atlantic Avenue east of the Seagate will request to have a valet queue in front of their places as well. Mr. Aronson stated one of the things that the City looked at when the valet queues were established in the mid to late 90's was same separation so that there were Hat valet queues on each block. He stated the only other queue on the beach right Haw is between Bronson and A-1-A sa this is about a three block separation between these two queues. Mr. Frankel asked if the parking study is going to address any of the valet issues the City is having. Ii?lr. Aronson stated he requested that they look at placement of valet queues in the study area and what their recommendation would be in regard to where the valet queues should be as apposed to where they are. Mr. Frankel asked when this is going to be completed. Mr. Aronson stated this will be completed sometime in June. Mr. Frankel echoed comments expressed by Commissioner Gray and feels that $135.00 per space is a little low and he is very hesitant to approve anything without the finalized parking Study as a Commission they approved. Mr. Eliopoulos expressed concern over the traffic that we are now generating an Miramar that was Hat there before and asked if staff considered that. Mr. Aronson stated staff did not lock at this at the time of the writing of the report but this was mentioned after. Mr. Frankel stated there are many restaurants in this area that will also want a valet queue and expressed concern about placing a limit. Mr. Fetzer stated he asked Mr, Aronson what was proposed in the parking study in terms of evaluating the location and the queues. Mr. Aronson stated he asked them if they could include it in what exactly they would be doing far the valets. He stated he emailed the Kimley-Hom representative but has not received a response. '7 12!01109 Mayor McDuffie stated it is imperative that we do include this in the scope. He stated it is imperative that we take a look at what the demarcation is from one valet queue to another (i.e. how far apart the queues are and whether or not to have them on the side streets or not) and feels this is a big part of the parking study. Mayor McDuffie asked that staff let the Commission know if they need to amend the scope because that needs to be a part of the overall study and noted it is a big part of parking downtown. ~rtr. Eliopoulos stated most of the people are going from the west and they are going east so the logic was to keep them on that side. 1Vlr. Aronson stated from his perspective La Cigale had their parking lot in front of their restaurant and then they had a valet behind the rest of the buildings where the rest of their parking lot was. He stated the hotel was not there so there were not any competing valet queues that needed to be operated. In this instance, Mr. Aronson stated the building is at the front of the right-of- way for the pedestrian flow. He stated they had it in the back and it was exclusively for the restaurant and the public could not pull up there to park. Secondly, staff looked at the distance between valet queues and stated in the LDRs the {)ff--site Parking Agreement talks about an acceptable wal~;ing distance of 300 feet and with the public parking fee you look at properties within 600 feet. Mr. Aronson stated the streets. are about 300 feet from block to block so the next queue is about 200 feet. The City Manager stated another important factor east of the Intracoastal is that you are on a four lane street and you do not have the traffic obstruction issues that you have west of the Intracoastal. Mayor McDuffie asked if the signage can be the same at this queue as the Gaffe Luna Rosa queue. 11!lr. Aronson stated they will have the green and white sign between the operating hours and then they put out whatever sign they do for the participating restaurants as seen in the downtown and other places. Mr. Eliopoulos stated he would like to defer this to staff andJor the Engineering Department. Mr. Eliopoulos stated he can support this but he wants this monitored because he wants to know how it is really going to affect Miramar, He stated if this place is successful they should have traffic and expressed concern about pushing cars onto that street that have not been there before. Mayor McDuffie stated in the Gleason lot and the lot north of the Marriott the credit card machines on two occasions have not worked in bath of those lots. Mr. Aronson stated the entire valet queues expire at the same time so its initial contract will need to be renewed in September 2010. Mrs. Gray stated she is not in support of it because there are a lot of people that feel they want to just jump out of their car and pay the hour fee and move on. A1so,14lrs. Gray stated the City is going to spend over $104,000,00 between the City and the CRA for this study and she would like to see the study completed before mal~ing a 12/01/09 decision. Mr. Frankel concurred with comments expressed by Commissioner Gray. Mr. Eliopoulos stated this is by far one of the biggest investments that have been invested in our city in a bad time. He stated this hotel is incredible and has set the bar very high. Mr. Fetzer stated he agrees that we need to get the benefits of the parking study and this is something that can be monitored and changed within a year if necessary. He stated he believes there has been a tremendous investment and the nature of Atlantic Avenue east of the bridge is different than the rest of the Avenue. Mr. Fetzer stated he will support staff's recommendation and approve based an the one year approval. Mayor McDuffie stated in the normal cycle of parking permit approvals and valet approvals this will come up with all the rest of them and therefore he can support for this cycle. Mr. Eliopoulos moved to approve the request from the Seagate at Atlantic to establish a valet parking queue on the south side of the 1000 block of East Atlantic Avenue, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: ZUIr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - No; Mrs. Gray - No; Mayor McDuffie - Yes. Said motion passed with a 3 to 2 vote, Commissioner Frankel and Commissioner Gray dissenting. 9.C. REQUEST FOR VALET QITEUEITRAIVIONTI RESTAUI3;ANT: Consider a request from LSMS, Inc., owner of Tramonti Restaurant, to establish a parking valet queue to be located on the north side of the 1000 block of East Atlantic Avenue. Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. Scott Aronson, Parking Management Specialist, stated Tramonti's Restaurant is lacated at 111 East Atlantic Avenue and has submitted a request to establish a valet parking queue in front of their restaurant on the north side of east Atlantic Avenue between N.E. 1st and 2"a Avenues, The request proposed the use of the five ~5) westernmost spaces lacated on the north side of east Atlantic Avenue between N.E. 1s` and 2"d Avenues. Staff recommends denial of the valet queue. Valet parking queues were established in the rnid 1990's with the intent to maintain separation along Atlantic Avenue and accommodate valet parking for businesses throughout the downtown area. Requests for additional valet queues on East Atlantic Avenue have not been approved since their establishment ~Sapra located an S.E. 2"~ Avenue; Cut 432 located on S.E. 4th Avenue}. 9 12!01/09 The applicant claims that this is now an emergency for the closing of the CRA (Community Redevelopment Agency) parking lot to accommodate the park in addition to the economic times. Mr. Aronson stated the closing of the parking lot to accommodate the park has severely hurt their business. At its meeting of October 27, 2009, the Parking Management Advisory Board (PMAB) recommended approval of the applicant's request; at its meeting of October 12, 2009, the Downtown Development Authority (DDA) recommended approval of the applicant's request; and at its meeting of November 12, 2009, the Community Redevelopment Agency (CRA) recommended denial of the applicant's request. Michael Listick Attorne 190 S.E. 5th Avenue Delra Beach FL 33483, stated years ago a policy was adopted of having valet parking queues on Atlantic Avenue and noted he was the Chairman of the DDA (Downtown Development Authority) at the time. Mr. Listick stated there were a number of restaurants on the south side and there were none on this block. He stated the feeling was that more people come from the west and there were no upscale restaurants on the north side and nobody made an application for parking at that time but times have changed. Mr. Listick stated the public wants valet parking. Mr. Frankel asked if this is also $135.00 per parking space as well. Mr. Aronson stated west of the Intracoastal is $100.00 and noted that spots west of the Intracoastal are not metered so there is no real revenue. Mr. Frankel stated $100.00 per parking space is extremely low and feels this is something the parking study should immediately address. Mr. Frankel stated until he sees a parking study that says you need valet on that side of the street he is going to be consistent with his views and not support this. Mrs. Gray stated this area is already extremely congested and at this time she cannot support this. Mr. Fetzer stated he understands Mr. Listick's arguments and he also received other arguments presented to him by other downtown merchants that were in opposition of this. He stated as the City Manager had pointed out this is a two-lane road and is more susceptible to congestion. Mr. Fetzer supports staff recommendation of denial and he would like to have this re-evaluated after the Commission receives the results of the parking study. Mayor McDuffie stated he understands the restaurant business and trying to make everything equal for everyone but there are three queues in two blocks and they are willing to reopen Kyoto queue as well. Mr. Aronson stated the three queues in two blocks are for Cugini Grill, 110 East Atlantic building (The Blue Fish), and 32 East. Mayor McDuffie stated we have walking access to a parking garage and three valet parking queues and an offer to put one up on N.E. 2"d Avenue as well. Therefore, Mayor McDuffie stated he supports staff's recommendation. 10 12/01/09 Mr, Fetzer moved to approve the valet queue for Tramonti's Restaurant to establish a valet parking queue on the north side of the 100 block of East Atlantic Avenue, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: IUIr. Fetzer - No; Mr. Frankel - No; Mrs. Gray - No; Mayor McDuffie - No. Said motion was DENIED with a 4 to 0 vote. 9.D. SPECIAL EVENT REQIJESTIDELRAY AFFAIR: Consider approval of a special event request from the Chamber of Commerce for the 48th Annual Delray Affair to be held on Apri19-11, 2010; including a temporary use permit per LDR Section 2.4.6 {F} for use of City property and rights-of--way as required, waiver of LDR Section 4.6.7 {E}{3}{c} to allow signage to be installed more than one (1}week prior to the event, banner hanging within the site area, vendor permits to be assigned and approved by the Chamber of Commerce, to not allow any other event to be held on the above-mentioned dates in the City, to allow reserved parking for entertainment and exhibitors as requested; contingent upon receipt of a certificate of general liability insurance, liquor liability insurance, and a hold harmless agreement. Robert A, Barcinski, Assistant City Manager, stated this is a special event request for the 48th Annual Delray Affair to be held on April 9-11, 2010, to grant a temporary use permit for use of City property and rights-of--way as requested, to allow event banners to be hung within the site area and event signage put up fourteen {14} days prior to the event per the LDRs, to provide trash boxes and use of City generator, to allow all vendor permits to be assigned and approved by the Chamber of Commerce and to allow this to be the only event held an these dates in the City, and to allow banners to be hung within event areas. Also, Mr, Barcinski stated with the event banners they have to get approval through the Community Improvement Department. The event producer is also requesting road closures at 4:04 p.m., Thursday, versus 4:00 a.m,, Friday. He stated staff recommends to not approve the 4:00 p.m. Thursday evening closure but would reconunend a 2.00 a,m. Friday closure. Mr. Barcinski stated the business community has expressed concerns with reaction from the business community with another night closed and concerns with traffic intermingling with pedestrians and the towing issue. With a 4:04 a.m. closure, this has not been much of an impact since we have only had to tow 4-5 vehicles and there is very little pedestrian traffic at this time of day, Mr. Barcinski stated C?ld School Square expressed concern over a community event that evening and they are concerned with people getting around for parking at that time of night. Estimated overtime costs for this event are approximately $6,800.00, barricade rental is approximately $2,200.00 and trash box costs are $855.00. Mr, Barcinski stated the event sponsor would be required to pay $1,850.00 far City overtime costs, $2,200,00 for barricade rental and $855.00 for trash boxes. Mr. Fetzer asked based upon the earlier closing time of 5:00 p,m. the day before is there a cost impact to the City. IVIr. Barcinski stated it could add some police costs and noted he is not sure what it might add to their private security costs. I-Ie stated it may or may not involve same extra Public Works time, 11 12141109 Mr, Frankel stated 4:00 p.m. is a hardship to the businesses downtown and suggested somewhere in the middle {i.e. midnight}, Bern Ryan, Principal and Festival Management Group which graduces all the special events far the Chamber of Camxnerce, stated last year was the first year he had done the Delray Affair and was a challenge to set up 800 vendors at 4:00 a.m. He stated he works massive events throughout the United States and there is no major event in the United States that sets up on the same day of the event. Mr. Ryan stated the dynamics of the downtown have changed dramatically in the last couple of years. He stated there are three major parking garages in the downtown area that are on the side streets and are easily accessible. Secondly, Mr. Ryan stated we have an east and west thoroughfare on 1St Avenue now and noted there is plenty of room for people to get around. Mr. Ryan stated it would be a great benefit for the event and for the City to continue to allow this great economic engine to grow, Mayor McDuffie stated he can support changing the street closure not to start until 12:00 midnight. Mr. Eliopaulos moved to approve the request from the Chamber of Commerce for the Delray Affair with staff recommended conditions as listed with condition #3 modified for street closure not to start until 12:00 midnight, seconded by Mr. Frankel, Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; IVIr. Eliopoulas -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:10 p,m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 59-09: Consider a resolution electing to use a uniform method of collecting fire assessments, if levied, on the property tax bill, The caption of Resolution No, 59-09 is as follows: A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE II~TCORPORATED AREA OF THE CITY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTNE DATE. (The official copy of Resolution No. 59-09 is an file in the City Clerk's office.} 12 12101I09 The City Attorney read the caption of the resalutian. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Manager stated this is the resolution that would that would allow the Commission in the next year to levy a fire assessment fee if they choose to do so. He stated in order to have that option available this resalutian needs to be adapted prior to January 1St otherwise the Commission would be prevented from considering that far another year. Mrs, Gray asked when the Commission would vote an this. The City Manager stated it would be the middle of the summer 2010 around the same time the City does the stormwater assessments. Mr. Eliopaulas asked when the hiring of the outside consultant to do the survey work at a cost of $60,000.00 would take place, The City Manager stated this would have to be done in the spring-if the Commission wishes to pursue it. The City Manager stated this would give the Financial Review Board time to review it. Mr. Eliopoulos stated he supports this in order to have this avenue should we need it in the spring or summer during budget time. Mr. Fetzer stated he is not a big advocate of doing this but he does think we need to take this step and some of it can be considered as another alternative. Mr. Fetzer stated Commissioner Frankel brought up the fact that the Commission needs to get together with the Financial Review Board and start doing same serious planning well in advance and Hated the Workshop is scheduled for January 2410. The City Manager stated the Financial Review Board had their initial meeting today and Howard Ellingsworth was elected Chairman and the Board has decided that they would like to meet twice a month. Mr. Fetzer stated when the Commission does meet with the Board that the Commission can line out some things that they would like looked at and brainstorm some strategy that will get us fiarther along in evaluating the budget early. Mr. Fetzer stated he supports passing this resolution as an alternative that the Commission can consider next year. Mr. Frankel and Mrs. Gray support this resolution. Mayor McDuffie stated he too supports this resolution and Hated that we are looking at non-ad valorem drops approximately 12°~o this coming year if they hold an the course that we are seeing right now. Mayor McDuffie stated he supports this resolution. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 59-09, the public hearing was closed. 13 12101109 Mrs. Gray moved to adopt Resolution No. 59-49, seconded by Mr. Eliapaulos. Upon roll call the Commission voted as follows: 1~rlrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; I1rIr. Fetzer -Yes; 11rIr. Frankel -Yes. Said motion passed with a 5 to 4 vote. 10.B. ORDINANCE 1yt). 60-09: Consider achy-initiated amendment to the Land Development Regulations that will create the Chatelaine Local Government Neighborhood Improvement District. The caption of Ordinance No. 64-49 is as follows: office-) AN ORDINANCE OF THE CITY C014I1VIISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CREATION OF THE CHATEL1~~lNE LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, IN ACCORDANCE WITH SECTION 163.546, FLORIDA STATUTES; ESTABLISHING THE BO[JNDARIES OF THE DISTRICT; DESIGNATING THE DELRAY BEACH CITY COMMISSION AS THE BOARD OF DIRECTORS OF THE DISTRICT; PROVIDING AUTHORIZATION FOR THE DISTRICT TO LEVY AN AD VALOREM TAX ON REAL A,ND PERSONAL PROPERTY OF UP TO ONE MILL A,NNUA.LLY; PROVIDING AUTHORIZATION FOR DISTRICT USE OF SPECIAL ASSESSILIENTS PURSUP-NT TO SECTION 163.514, FLORIDA STATUTES; PROVIDING FOR THE DISSOLUTION OF THE DISTRICT BY THE CITY COMMISSION BY RESCII~TDING THE ORDINANCE; PROVIDING FOR THE CODIFICATION OF SECTION 2 OF THIS ORDINANCE AS A NEW ARTICLE 8.'T, "CF[ATELAIt~TE LOCAL GOVER1~I~tIEN'T NEIGHBORHOOD INIl'ROVEMEN'T DISTRICT"; PROVIDING A SAVING CLAUSE, A GEZ~TERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. {The official copy of Ordinance No. 64-49 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mark McDonnell, Assistant Planning Director, stated on October 6, 2409, the City Commission approved an ordinance that would authorize the creation of local government neighborhood improvement districts that are allowed under the Florida 14 12141149 Statutes. The creation of a neighborhood improvement district is proposed to address a unique situation currently experienced by the Chatelaine subdivision. In 2008, the City completed its installation of $150,000.00 of improvements associated with a strategic task team neighborhood action plan for the Chatelaine subdivision. The neighborhood has been unable to collect sufficient dues to adequately fund the maintenance obligation. The estimated ar~.nual cost would be $10,000.00. Mr. McDonnell stated representatives from the Chatelaine association have turned to the City for help. The City explored alternatives including the creation of the neighborhood improvement district which could assess ad valorem taxes to help upkeep the neighborhood improvements. Mr, McDonnell stated the ordinance allowed the neighborhood improvement district to be created that would cover 50.12 acres all consisting of single family residences {201). He stated the ordinance would also allow up to two mills ad valorem tax to be levied annually on real and personal property. Mr. McDonnell stated the district would be authorized to apply for and receive a planning grant from the Department of Legal Affairs. He stated an advisory council will be formed with no less than five {5) and no more than seven (7) members that must own real property as well as reside in the district. At its meeting of November lb, 2009, the Planning and Zoning Board opposed this ordinance because they did not feel that sufficient notice had gone out to the residents. I1r[r. McDonnell stated staff has a letter dated November 23, 2009 signed by the City Manager that did follow through with that recommendation by the Planning and Zoning Board. Staff recommends approval. Mayor McDuffie asked if the notification went out multi-lingual. Mr. McDonnell stated the notice went out Creole as well as English. Mr, Eliopoulos asked if there was a hurricane or an event that made this neighborhood come together. Lula Butler, Director of Community lznprovement, stated staff created the strategic task team concept as a way of dealing with neighborhoods that were in transition where the neighborhood appeared to be declining for reasons other than some catastrophic reason. Mrs. Butler stated staff did Rainberry Vt7oods, Delray Shores, Sudan, and Chatelaine. Mrs. Butler stated staff started to work with Chatelaine in 2001 and came back in 2004 to finish the plan and the plan was adopted by the City Commission in March 2005. She stated their plan included new sidewalks throughout the neighborhood on one side of the street, traffic calming, beautification, and entrance sign features. Mrs. Butler stated the City spent a total of $455,000.00 on this plan for the neighborhood. She stated Chatelaine already had an entry feature of a median and they already had our irrigation systems and the beautification that they were responsible for maintaining since the development had been there. Mrs. Butler stated staff discussed with them that the City did not have the mechanism to maintain this and the City contracted to have the landscape improvements maintained for the first year. She stated the City provided them written notice in September 2008 that the year had expired and it was now time for them to take it over. 15 12/01/09 The City Manager stated for clarification he explained that some of the earlier Planning and Zoning memos may have implied that the subdivision would be responsible for some of the hardscape maintenance and that is not correct. The City will maintain all the streets, curbs, and sidewalks but the issue is the maintenance of the landscaping. The City Manager stated the City does not maintain landscaping within subdivisions unless the Chatelaine neighborhood is willing to maintain it then the City will stop maintaining it and it will just deteriorate. He stated Chatelaine would have the cost of mowing and trimming the landscaping, irrigating the landscaping, and the electricity to illuminate their entrance signs. Mayor McDuffie stated three representatives from Chatelaine approached him many months ago and he had several meetings with them and actually brought this to the City Manager as a result of the meetings that he had with the residents from Chatelaine who approached them about doing this maintenance, Mrs, .Gray asked how much it casts to maintain the foliage and beautification there a year. Mrs. Butler stated the first year the City maintains it costs a little of $15,000.00 for the vendor, The City Manager stated the estimate the neighborhood has given them based on prices they received is just a little over $10,000.00 far the landscape maintenance, irrigation, and electricity. Mrs. Gray confirmed with Mrs. Butler that the money would be divided among the 201 homes. Mxs. Gray asked if there was a lot of turnover in this neighborhood that they did not understand they would have to take over this maintenance. Mrs. Butler stated the .issue is that the homeowners association (HOA} has not been able to collect as well as it had been in the past from its members and it is a volunteer organization. She stated they have always maintained their own entry feature because the City demolished a little building that was in the median and they had irrigation systems that they upgraded, etc. Mrs. Butler stated in the past they've been able to maintain it somewhat. She stated this is the second or third time that the City has provided plant material for Chatelaine in that median. Mrs. Butler stated it is just a function to getting enough of the homeowners to, contribute monthly to the HOA to pay their dues so they can maintain it. The City Manager commented about the high number of foreclosures in Chatelaine. Mrs. Butler confirmed that this is one of the neighborhoods in Delray Beach that has had a high number of foreclosures and stated this is a function of the economy also. IVlrs, Gray stated everything will deteriorate and the property values will deteriorate. Mrs. Butler stated the property values will deteriorate unless the City decides to do this. Nlrs. Gray asked if the City decides to do this for another year because of the economy, does the City have this in its budget to do this for at least another year. The City Manager stated the Parks I.7epartment is maintaining it and noted that the City does not have money in the budget for electricity and irrigation. He expressed concern that long-term we have several medians around the City where other neighborhoods could come forward and ask the City to start maintaining. The City Manager expressed concern that the City would be obligated to do this city-wide and that cost would be substantial. 16 12/01109 Mrs. Gray asked how Delray Shores and Rainberry Waads has been able to maintain their entrances. Mrs. Butler stated Rainberry Woods maintains its own and the City does the feature that is at the front entrance of Delray Shores. The City Manager stated Rainberry Woods has a legally binding homeowners association where they are required to pay mandatory dues. I1%trs. Butler stated Delray Shores is a voluntary organization and the City did not have an organization to turn that over to. Mrs. Butler stated if the City is going to continue to invest in neighborhoods the City needs to find a mechanism to help decide how we are going to da these landscape features. Mayor McDuffie clarified that what the Commission decides tonight levies no tax. He stated this ordinance creates the capability for a tax to be leveed, Mayor McDuffie stated if the City did this on a non-ad valorem basis spread across the homes it would be a little under $50.00 per home per year to pay this $10,000,00 fee. He stated as it is structured right now it would be an ad valorem tax and in that case it will not be a flat tax. Mayor McDuffie stated if it were to be levied it would vary based upon the taxable value of the home in that neighborhood, Mayor McDuffie reiterated that this levies nothing and it is an enabling ordinance. Mayor McDuffie declared the public hearing open. Annette Gray, 3624 Avenue De Dien, Delray Beach, FL 33445, stated she moved into the property ten years ago fully knowing that there was not a mandatory homeowners association, it was not a gated community, and that there were no additional taxes or additional monthly assessments on her part. Ms. Gray stated a few people came before the Commission asking for sidewalks because more children were moving into the neighborhood. Ms. Gray stated she does not have any children but she now spends approximately $100.00 a year replacing her sprinkler heads in the swales because the children use the sidewalks for their skateboards. She strongly opposes this and stated several times she has been approached about a formalized homeowners association and she has said "na" each time. Ms. Gray stated she picks up trash from the swales and the landscape area they created because there was nowhere to drop and deposit trash in the circle area. She feels this would have a negative and adverse affect on resale value when and if the economy comes back. Ms. Gray stated although we might be talking about $50.00 we do not know what a group might want to add in the future and then subsequently added to their taxes. Dr. Josh Smith, 3616 Avenue De Glen, Delray Beach, FI.r 33445, stated the dismal state of the economy is reflected by approximately 11 percent { l l %} of our workforce is jobless and one million Floridians are out of work and hundreds of thousands of people cannot pay their rent or mortgages on their homes. Dr. Smith stated the U.S. Department of Agriculture recently reported that 14 percent (l4°l°) of households suffer from hunger and Federal officials have indicated that the labor market recovery could take up to six years. He stated now the City is considering placing a special assessment on those people who can barely make it from week to week and stated Chatelaine is predominantly African-Americans and Haitians and does not agree that the Commission would even consider an additional tax burden on this community. Dr. Smith 17 12/01/09 stated the traditional procedure for dealing with this type of situation is for the cost to be taken from the homeowner association dues and if there was a harmonious relationship between the vast majority of the citizens within the community and the individuals who nun the homeowners association it probably would not be a problem. Dr. Smith stated a small core of individuals represent about 13 percent {13°l0) who mandates and meets with City officials that is direct opposition to the vast majority of the citizens of Chatelaine. Clifford Darden, 71}2 Chatelaine Boulevard East, Deiray Beach, FL 33445 (Chatelaine), stated Chatelaine was originally a deed restricted community which allowed them to maintain and keep the community up. Mr. Darden stated that deed restriction went away in 1999 and then the homeowners' association got together to have a voluntary dues requirement to keep the conununity up. He stated the amount of dues that the homeowners association asked for was $60.40 a year and that was to maintain the public areas of the community. Mr. L}urden stated the City helped Chatelaine by putting in l~ million dollars worth of material and work to upgrade the community because the community was declining. As a result of that, it was agreed that they would maintain it for a year and then it would be the responsibility of the homeowners. Mr, burden stated out of the 201 homes in Chatelaine only about 25 people pay their annual dues so most of the upkeep has been done by the few people who run it, He stated the community ran out of funds and the water bill, light bill, and the maintenance of the areas came out of his pocket because he refuses to see the community go down as a result of people not showing interest. Paul Zacks, 748 Place Chateau, Delray Beach, FL 33445 (has lived in Chatelaine for 29 nears and President of the Chatelaine Homeowners' League twice, and Chair of the Planning and Zoning Board}, stated there were a number of reasons why the Planning and Zoning Board voted this down. Mr. Zacks stated the Board was concerned about a lack of notice to the community which has subsequently been rectified. He stated the fact that only 25 people are paying their dues right now is a product partially of the economy but is also because a lot of the people do not like the way the association is being run, Mr. Zacks stated it is the association and maybe a handful of members that have been having all the contact. He stated it was pitched to the members of the community that Chatelaine was going to get a wall on the exterior along Barwick Road and Lake Ida Road and there was also going to be some improvements to the front end and sidewalks installed. 1tr1r, Zacks stated somewhere along the line the group changed the improvements without a vote and there was no wall and he understands there were some property line problems with that. Therefore, he stated the project changed and there has never been an agreement in writing or orally with the majority of the homeowners in Chatelaine that they would pay for this upkeep. Mr. Zacks stated the homeowners never agreed to pay a tax on it. 1Vlr. Zacks stated Chatelaine will take care of their own neighborhood by painting and having cleanup parties, etc. because this is not a city problem that should justify a tax. 18 12101109 Etienne Inel, 3431 Avenue Viliandry, Delray Beach, FL 33445 (Chatelaine, stated he has lived in Chatelaine far 13 years and has never known there was an association. He stated prior to purchasing his home he checked with his realtar who informed him that Chatelaine had no association. Mr. Inel stated if he has to pay a maintenance fee he will move out. Emmanuel Guerrier, 715 Avenue Chaumont, Delray Beach, FL 33445 {Chatelaine), has lived in Chatelaine for 17 years and asked if the City has found out how many foreclosures and loan adjustments Chatelaine has had. Mr. Guerrier stated this is the wrong time to place another burden on the citizens of Chatelaine. He stated for the two times that he attended the association meetings there are certain people who believe that they own Chatelaine and that they can do anything they want. Brenda Ashe Ingraham, 3324 Chatelaine Boulevard, Delray Beach, FL 33445 (Chatelaine}, stated every month a sign is posted at every entrance of Chatelaine announcing when meetings will be held. She stated very little concern is shown for what is going on in Chatelaine. Ms. Ingraham stated she is listening to so much disagreement with paying $50 a year. She stated if the entrance to a development is not kept up the image of the development will go down and the value of the property is going to ga down. Ms. Ingraham stated if she sees the properties going down in value she will be the first one out. She stated the community would not be in this predicament if people had paid their dues. Ms. Ingraham stated block captains go around delivering newsletters and talk to them but they still do not pay. She stated thank God for the few people that are running the association because Chatelaine would be in worse shape than it is now. Ms. Ingraham stated we are not in that much of an economic stress that people cannot pay $50-$60 a year. Patricia Duncan, 3632 Avenue De Gien, Delray Beach, FL 33445 (has lived in Chatelaine for approximately 14 years), stated she is glad that the association is there and was a member far the first year or so. Ms. Duncan stated she has lost her job and she is very much in stress so $50.00 a year is a lot of money to her right now although it is not a lot to keep her community in tip top shape. She stated if she can be guaranteed that the fee is $50.00 a year and will not be any more then she can try to find $50.00 from somewhere. Ms. Duncan stated she was not on the list ofpeople who voted for this and urged the Commission to find out how many people voted for this, She stated she paid the City $1,500.00 because her car was parked illegally. Ms. Duncan stated she wants to live in a nice community. Jayne Kind, 3444 Place Valencay, Delray Beach, FL 33445 [President of Chatelaine), stated Chatelaine has block captains go out and deliver newsletters to everybody and signs are posted at the entrances informing every one of the association meetings. Ms. King stated anyone is welcome to get involved but they just want everyone to pay their fair share. She stated when the contract was up and Chatelaine ran out of money she received all kinds of complaints. Ms. King stated this is when the homeowners association went to see Mayor McDuffie and also talked with former Commissioner Mackenson Bernard who walked around and spoke to people. She stated 19 12101!09 Chatelaine has had a challenge with everyone paying their fair share. Ms. King stated when you break it down it comes to $1.00 a week and believes it is possible. Alice Finst 70'1 Place Tavan Deira Beach FL 33445 Chatelaine stated the deed restrictions were renewed in 1998 and stated she is the Editor of the newspaper and they put out at least four issues a year maybe more. Mrs. Frost stated for a long period of time the newsletter was printed in Creole and at one point the newsletter was also printed in Spanish. She stated the newsletters are delivered and there is a sign when there is a neighborhaod meeting and announced that the meetings are the last Sunday of the month and are open to anyone. Mrs. Frost stated $50,00 a year is $1.00 a week and .15 a day. Mrs. Frost stated this is a community and everyone needs to make their fair share contributions with what needs to be done. Amos Dieu'uste 3631 Avenue Montressor Delra Beach FL 33445 {has lived in Chatelaine since 1993 stated if he sees trash around he picks it up because he loves where he lives but expressed concern over the increase in their water bills. He stated he does not mind paying $50.00 a year but asked that the City meet the residents halfway to keep the neighborhood clean. Shawn T. Wri ht 30 Lake Court Delra Beach FL 33444 stated years ago he lost his best friend to gang violence that came out of Chatelaine and the neighborhood next to it {Rainberry Woods). Mr. Wright stated he lives in the historical district but because of his occupation he deals with real estate in other areas of the city. He stated the last couple of years Chatelaine has looked a lot better than he remembers it at the end of the 1990's. ZVIr. Wright stated his family is actually the founder of deed restrictions and the first HOA in Boston. He stated many people disagree with how HOA's are nzn and he can relate to this given the fact what he saw when he lived in Chatelaine and comment about the way things were being run in Rainberry Woods. Mr. Wright stated he is not in favor of the City engaging in what is a community issue that the community has to solve. He stated this is why Florida Statutes were put in place and it is not for the City Commission to go out and tell the community what they are allowed to levy upon all their neighbors. Mrs. Gray concurs that this is a community issue but if the community was maintaining the property like they were supposed to be doing the City would not be in this predicament. She recognized the homeowners association and the people who are stepping up and filling the gap for people who do not maintain their properties. Mrs. Gray stated we are in hard economic times but believes that for $50,00 a year that the community could come up with something to make sure the property is up to standards. She stated when one area is not in tip top shape it affects the entire city. Mrs. Gray states she supports Ordinance No. 60-09 because there are a few people standing up for the majority and we need those few people. Mr. Frankel asked if approving this ordinance assesses the tax or would that come before the Commission at a later date. The City Manager stated it will be part of the regular budget considerations in August and September 2010. He thanked the 20 12!01!09 residents who came out to express their views and stated it seems as if there has not been an active level of participation in the Chatelaine commu~~ity. Mr. Frankel stated based an the information that he received from the City Manager and based on the fact that this is not assessing a tax he will be supporting the ordinance, He stated people have to go to the meetings and express how they want things done. Mr. Frac~kel stated the residents have to participate to make a difference and he supports this ordinance. Mr. Fetzer stated he knows what it is like being President of a local voluntary homeowners association because he has been in that role and understands the challenges of hying to get involvement from a high percentage of the neighborhood. He concurs with comments expressed by Mr. Zacks and believes this is a neighborhood problem that the neighborhood needs to take ownership of and work to fix without an additional millage rate, Therefore, Mr. Fetzer stated he will not support this ordinance. I1?lr. Eliopoulos stated he lives in Lake lda and there are 720 residents and about 220 of them are a part of the association. He stated it is difficult to raise money. He stated this is a community issue and expressed concern over this ordinance and the Commission having to be in control of a Board. Mr. Eliopoulos stated he is willing to make a compromise and expressed concern about what type of precedent this is going to send down the road for every community out there. He stated he worried about how the ordinance is written and how this Commission and future Commissions would be involved with appointing these Boards and being the Executive of it. Mayor McDuff e stated this is not about residents maintaining their homes but it is about the common areas in Chatelaine {i.e. median, round-a-bouts, landscaping, irrigation, the electricity to ran the irrigation, the signage, and the lights}. Fle stated this ordinance allows Chatelaine to came to the City of Delray Beach and say we need this much money next year to pay to maintain their infrastructure at which time the City takes that amount of money and makes it a part of this ordinance pass it to the Property Appraiser and the Property Appraiser adds that to the tax bills. Mayor McDuffie stated this is ad valorem tax (meang "of value"} and one mill is the cap on this is one dollar per thousand dollars of taxable value. He stated it will not be exactly $50,00 for everyone's house because you would have to make it a non-ad valorem tax in order to do that. Therefore, Mayor McDuffie stated the higher priced homeowners would pay slightly more than the lower priced homeowners. He stated Chatelaine has said they need 514,000.00 to maintain their infrastructure for the upcoming year and the City turns around and collects $10,000.00 and noted it is not City money, Mayor McDuffie stated the City and the Property Appraiser administers this but all of the money goes back into the corr~znunity. He suggested that the residents take this back and speak to the neighbors and tell the Cannnission whether they wish for their common areas to be maintained by adding a sma11 tax, Mayor McDuffie suggested that this ordinance be postponed to a time certain of Tuesday, December 8, 2009 at 7:00 p.m. Walter Hughes, 732 Chatelaine $oulevard West, Delray Beach, FL 33444 (Chatelaine}, asked far a breakdown of the cast of the electricity and water. Ike suggested that maybe the community can help with everything else. 21 12101109 The City Manager stated he can get this information for Mr. Hughes next week. Mr. Hughes asked if the Commission would like the residents to collect signatures via a petition. Mayor McDuffie stated signatures would be great and asked him to make sure that they write their address as well. Mr. Eliopoulos suggested that the information on the petition is clear and is written in Creole as well. There being no one else from the public who wished to address the Commission regarding Ordinance No. 60-09, the public hearing was closed, Mr, Frankel moved to table Ordinance No. 60-09 until December 8, 2009 at 7:00 p.m., seconded by Mr. Eliopoulos. Upon rail call the Comrnissian voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - No; lVfr. Frankel - Yes; 1Vlrs. Gray -Yes. Said motion passed with a 4 to 1 vote, Commissioner Fetzer dissenting. 1Q.C, URDINA-I~ICE lYt}. 59-49: Consider a CRA-initiated ordinance modifying the Communnity Redevelopment Plan; finding that the modifications conform to the Community Redevelopment Act of 1969, as amended; finding that the modifications are consistent with the City's Comprehensive Plan, and making further findings pursuant to applicable requirements of Florida Statute 163.360. The caption of Ordinance No. 59-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH FINDING THAT TIIE MODIFICATIONS CONFORM TO THE CONtMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATIONS A~I~.E CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSNE PLAN, A,ND MAI~.IltiTG F`LTRTIIER FIZ~DINGS PLTRSUA,NT TO THE APPLICABLE REQL;IIREMENTS OF FLORIDA STATUTE 163.360; PROVIDING A GENERAL F:EPEALER CLAUSE, A SAVING CLAUSE A,ND AN - EFFECTNE DATE. office.) {The official cagy of Ordinance No. 59-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance, A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. 22 12/O1J09 Mark McDonnell, Assistant Planning Director, stated this item was before the Commission at the last regular meeting and it was approved on first reading. Mr. McDonnell stated this amendment to the Community Redevelopment Plan updates information on current plans, programs, and project descriptions as outlined in the report. He stated it updates programs in which the CRA's roll has been substantially completed; it explains new programs including the economic development initiatives for job creation and also an arts-based economic development program. Mr. McDonnell stated there is also an update to all revenues and expenses for the next five year period and an update of all maps to reflect current conditions and needs. The Pineapple Grove Main Street Executive Board {PGMS) reviewed the amendments at its November 4, 2009 meeting and recommended approval; the Downtown Development Authority {DDA) reviewed the amendments at its November 9, 2009 meeting and recommended approval, with the condition that the DDA be mentioned in the section of the West Atlantic Avenue Redevelopment Plan under Project Participants and Administration; the West Atlantic Redevelopment Coalition {WARC) reviewed the amendments at its November 11, 2009 meeting and recommended approval. The text amendment will be considered by the Planning and Zoning Board on November 16, 2009. Staff reconunends approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 59-09, the public hearing was closed. itrlr. Eliopoulos asked how the CRA decides what area of the city to do such as US-1 versus the Southwest Neighborhood. Diane Calonna, Executive Director of the Community Redevelopment Agency {CRA.), stated the CRA Plan does not deal so much with priorities as it does with projects and programs. Ms. Colanna stated anything in the CRA funds needs to be in the Plan. She stated different things came up and conditions change. For instance, Ms. Colonna stated last yeas the CRA had the funding of the tennis sponsorships and they had to amend the Plan to include that. Mr. Eliopoulos stated the Osceola Park redevelopment came before the Commission and that came before us this past year and at one point it looked like it was the residents, the CRA, and the City as far as contributing to the cost of it. Ms. Colonna stated most of the responsibilities of the CRA were going to be the things above ground and typically the City funds the sewage, drainage, and water improvements and the CRA does the landscaping, traffic calming, and covering some of the costs for improving the alleys. She stated most of that got taken out of the Plan because people did not want to pay for it. Mr. Eliopoulos suggested that the CRA engage both the public and the private sector. Ms. Colonna stated the CRA has had a lot of meetings with different entities about how we can get some activity going with economic development and they 23 12101!09 already have a significant art element. She stated the CRA has talked to groups about doing a technology incubator and noted there is one established in Miami and one at Florida Atlantic University {FAU). Ms. Colonna stated Francisco Perez-Azua has been great at having lots of connections and following through on seeing what the CRA can get started. Mrs. Gray commented about the incubator program and asked if there will be a partnership with the TED Center. Ms. Colonna stated the CRA has an existing partnership with the TED Center and they are more small businesses and what the CRA is looking at is more technology. She stated the CRA is looking at more high tech companies than what the TED Center is typically working in. Mrs, Gray expressed concern over some of the things that have been in the making for years for instance the West Atlantic Avenue Redevelopment area. Ms, Colonna stated the CRA has not pushed any of that aside and noted that the redevelopment on West Atlantic Avenue is the CRA's main priority. The CRA has a Request for Proposal {RFP} for the property at 7th and the CRA is acquiring property on S.W. 12th to do that street beautification, S.W. 14th street improvements, the design for S.W. 2"d Street, and moving forward with Martin Luther King {MLK) Boulevard. Ms. Colonna stated that the entire West Atlantic Avenue corridor is getting the vast majority of the budget and emphasized that the CRA is not putting any of that aside. Mr. Eliopoulos stated the CRA is going to have to get creative in the next year or so to bring business to the community and make it more enticing, Mayor McDuffie stated he spent a day with people who do nothing but site selections far locating and relocating corporations. He stated in Delray Beach the last time he checked there were 85 or 94 acres of un-built land and in North Carolina, Arizona, Alabama, and other states across the Sunbelt these corporations are coming in and they are walling out saying this 204 acres is yours. Mayor McDuffie stated the City needs to get together with the CRA and show the best that we can possibly show for Delray Beach and find ways to entice businesses. ZIe stated he likes the way we are going but as we begin to learn what the real world is expecting of us we have a big job. Mayor McDuffie stated the City and the CRA needs to work together to make it happen. Mr. Eliopoulos moved to adapt Ordinance No. 59-49 on Second and FINAL Reading, seconded by Mr. Frankel Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frac~kel -Yes; Mrs, Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 4 vote. 9.E. REVISED PRQPC}SALIULD SCHQOL SQUA~ItE RETAIL SPACE GARAGE. Consider a revised proposal from Thomas Kinsloe regarding the 01d School Square garage retail space, Brian Shutt, City Attorney, stated this item is a revised proposal from Thomas Kinsloe regarding the 01d School Square garage retail space. Mr. Shutt stated the last direction he received from the Commission was to go forward with the 24 12/41 /49 Community Redevelopment Agency {CRA} on a lease agreement with the CR.A and is scheduled for the December 14, 2449 CRA Meeting. Mr. Shutt stated in Mr. I~insloe's latest letter of intent is that he would be paying the broker's fee as well as the dock stamps. Mr. Shutt stated on the first letter of intent there were concerns that he expressed and Mr. Kinsloe has addressed those. The term for the lease purchase is far 36 months not 48 months; however, the amount is $644,444.44 and the monthly rent Mr. Kinsloe would be paying the City of Delray Beach is approximately $6,444 a month and he would like a six month grace period at the beginning because he would be building out his space. Joseph Safford, Finance Director, stated staff was asked by the City Manager to evaluate the financial statistics on this project. Mr. Safford stated if the City accepted this proposal on the $3 million taxable line of credit we still awe roughly $2.6 million after all of his payments and the only thing that would reduce the $2.6 million would be the sale of the additional space that he is not purchasing. Mr. Safford stated from a financial standpoint he does not see why the City would accept proposal #2. He stated the City originally had a little over 14,444 square feet that was tied to the $3 million taxable line of credit and some of the space Mr. Kinsloe is proposing is going outside the taxable line of credit and is going into the garage space which is the non- taxed. Mr. Safford stated there will be questions as to whether the City can utilize same of these payments to pay down the taxable line of credit or whether the City would not be able to use it on the taxable line of credit. Mr. Safford stated he cannot address the fact that Mr. Kinsloe is taking some of the storage space in the garage and whether that is acceptable and the space that he is taking and leaving for the CR.A. 1VIr. Safford stated the CRA has a meeting on December 14, 2449 and for them to discuss the topic of the Old School Square retail space the CRA needs an up or down vote on this issue before the Commission tonight. The City Attorney stated with regard to the taxable line of credit he spoke with bond counsel and there does not seem to be an issue if they go into and use some of the storage space in the garage as long as it does not affect the public use of the garage. He stated it does not look like it would. The City Attorney stated the City has an agreement with the Chamber, the CRA, and the developer of the old library site regarding the build out of the Chamber space. He stated if the direction of the Commission is to go forward with a plan like this the agreement would have to be modified and is not sure how amenable the other parties are to amending that agreement. The City Attorney stated he has not talked to the developer regarding this issue. I1?lr. Eliopoulos stated there is a developer that is building out their space and who would have to come up with the money to build out that extra space. The City Attorney stated he believes there is a set amount in the agreement that provides that the developer will pay, however, if it costs more than that the Chamber will then come up with that extra money. The City Attorney stated he would assume that the Chamber may want the City to take care of that where they would not beout-of-pocket anymore. 25 12141 /49 Mrs. Gray stated the CRA mentioned that they wanted to build out the 10,000 square feet and asked how much space will be left over because the square footage is less than what l~rlr. Kinsloe originally requested. The City Attorney stated he believes the CRA would still be leis with b,588 square feet as far as this latest plan. Mrs. Gray asked if staff knows how much square footage would be left that the developer for the old library site may not want to be responsible far. The City Attorney stated it would reduce the current Chamber space by around 1,000 feet; however, there would be mare work involved on the rear of the Chamber space as far as the concrete wail and certain changes would need to be made to make the corridor useful as far as office space. The City Attorney stated this is what he is gathering from the plan that is being presented, Mr. Eliopoulos stated as this park develops he expressed concern with giving up some of this space and how it was designed. Richard Hasko, Director of Environmental Services, stated he met Mr. K:insloe and Camnaissioner Fetzer on this site on two occasions and got a firsthand view of what was being proposed. Mx. Hasko stated Mr. Kinsloe was very creative in terms of utilizing the space. He stated originally they were thinking about straight retail bays with a service entrance, a common electrical mechanical room, and provided some storage space behind that. Mr. Hasko stated because of the economic conditions and the desire to put same use to that space some of those concepts have changed and evolved. He stated everything that is being proposed that incorporates the service corridor into the space is completely doable and noted these are not structural walls but are CBS walls and noted you can move doors and cut doors into that wall. Mr. Hasko stated to create offices or restroams in the corner behind the Chamber space would be fairly easy to do and the plumbing needs to be extended because there are service lines in the retail space and would have to be part of the build out. He stated access is just a matter of cutting the doors into the concrete wall. Mr. Hasko stated the Chamber was going to sacrifice some storefront space fora 100°la of the storage space that we have provided internally, He stated in that plan one of the things that staff discussed was providing some storage space in the Chamber in the area that was created under the ramps of the garage. Mr. Hasko stated in the original garage design that area was non-accessible, Mr. Hasko stated staff then realized what volume of storage space potentially was available there. He stated staff ended up maintaining access to that area and put electricity and fire protection in there with the idea of reclaiming that formerly non-accessible space for city storage. Mr. Hasko stated staff talked about creating an access from the Chamber side into that area and give them some chained linked off smaller storage area for items that they could not accommodate inside the expanded floor space. Mr. Safford stated per the appraisal this property has a current market value of $131.00 a square foot. He stated this second proposal is three tiered because they are offering a certain price per square foot far useable space, a certain price per square foot for the corridor, and a certain price per square foot for the storage area. Mr. Safford stated when you take all of those prices and divide it by the total number of 2b 12101109 square feet there is a net of $90.00-$91.00 a square foot versus the $131.00. He stated any money that we derive from this proposal applies to that $3 million cap. Mr. Safford stated if the City is going to receive $600,000.00 the City would still owe $2.4 million and then you have to add the interest back that we are accruing. He stated at the end of the process the City is still going to owe approximately $2.6-$2.7 million and we still have a little bit of space to sell. Mr. Safford stated the City will never derive $2.7 million out of the remaining space. He stated he thought after the first proposal the decision of the City Commission was to hold this property until the market value picked up. Meanwhile, Mr. Safford stated the CRA can lease the property and the CRA money that we retain off the rental or lease the City can pay off the line of credit but that does not apply to the cap. Therefore, Mr. Safford stated the City can still sell the property down the road for no more than $3 million. He stated by accepting this, the City would be applying money to the cap and cutting the space that they can sell. Mr. Safford stated by turning this down, the City would now allow the CRA to lease the entire space for a period of time to buy time for the market to pick up and have the market value pay off most of the line so there is nothing left to pay off. Mr. Safford stated if it is an outside sale (not the CRA) whatever the City derives from that sale it applies to the line of credit. He stated in this case the City is getting $600,000.00 off the $3 million means there is $2.4 million left but then there is interest accruing over this three year period of time so it goes back up $2,683,000.00. Mr. Safford stated this means the City can sell the remaining property for no more than $2.6 million for that little bit of space that is left which the City will never be able to sell so the City is going to owe money and will have to possibly take out of the general fund to pay off that taxable line of credit. He stated the CRA is an entity of the City and they can lease the property and the City can use that money to apply towards the line of credit to help lower the line of credit but from an IRS viewpoint it does not apply to the cap of $3 million which means the City can still sell it to an outside person for up to $3 million. Mr. Safford stated the City can actually make money for instance say there is $2 million left on the line of credit the City can then sell it for $2.5 million and make a $500,000.00 profit. Mayor McDuffie asked Ms. Colonna when the CRA is going to be voting on this. Ms. Colonna stated the Board will vote on this Thursday, December 10, 2009. Mr. Fetzer complimented Mr. Kinsloe for his tenacity in going after this whole project and stated he has come up with some very creative ideas. Mr. Fetzer stated based on what Mr. Safford has explained, he is not sure if the City can make this work financially the way it is structured now. Mr. Fetzer expressed concern that if the City is going to be in a partnership with the CRA he does not want them to feel constrained that the City bought off on this plan. Therefore, Mr. Fetzer feels the City should not proceed with this Plan at this time and let the CRA address this in an unconstrained manner. Mr. Eliopoulos stated on the special aspects of the first proposal his concerns were it was not really defined. He stated although the CRA Director cannot make any commitment because the CRA Board has not looked at this the City is in a situation with the economy and the way this is structured that our only hope is to work out something with the CRA if we want to see an upswing on this. Mr. Eliopoulos stated 27 12/01/09 he would like to defer this and see what the CRA comes back with. Mrs. Gray asked how much space the Chamber is actually going to be utilizing. The City Attorney stated about 6,100 square feet is initially what the Chamber was going to have and in this revised proposal they would be losing about 1,100 square feet off the 6,100 square feet that they originally had. However, the City Attorney stated they would be gaining space in the corridor and in the rear. Mrs. Gray concurs with comments expressed by Commissioner Fetzer and Commissioner Eliapoulos. Mrs. Gray stated she has issue with using our prime property as storage space. Mr. Eliopoulos asked what is the status the old library site and the Chamber. Ms. Coloizna stated there is a contract between the CRA and the developer and noted there is no formal request right now for an extension, Mr. Frankel stated he has great respect for Mr. Kinsloe for his creativeness and his proposal. Mr. Frankel expressed concern over the financing and stated he would like the City to da business with Mr. Kinsloe but he does not think we can da it at the price that is being proposed. Mr. Frankel stated the Commission requested that the CRA make this proposal and he feels this should be left with the CRA. Mayor McDuffie complimented Mr. Kinsloe for thinking out of the box and stated there is so much unknown right now. Mayor McDuffie stated he is impressed of what has been Bane but the City has a huge decision on a lot of space that the City needs to recoup some money on. Mayor McDuffie stated the packets that the Commission received tonight need to be studied more and we need to give the CRA an opportunity to let their people finish out what we already directed staff to da. l le stated he does not feel that he is in a position where he has the amount of knowledge that he feels comfortable with tonight to commit this City to a contract that he is uncertain about what the end of it !oaks like. It was the consensus of the Commission for staff to continue with the direction with the CRA. Mr. Kinsloe stated he would like to have an opportunity to speak with Mr. Safford and ga over some numbers and feels there is an opportunity for the City to make some real big money with the proposal. Mr. Kinsloe stated he would like to sit down with everyone too so that the Finance Department, the CRA, and the Chamber fully understand his proposal. Mr. Kinslae stated the parking garage could be one of the City's finest assets through a lot of the green initiatives, the use of the storage, and noted there is a lot mare potential for the City. Raudy Singer, Music Director of Van Dvke Cafe in Miami Beach president of Deiray Beach for 15 years}, stated for the past 1 S years his company has consistently provided professional musical artists far several prominent music venues. 2$ 12!01/09 Mr. Singer stated this music venue has wan several best jazz awards under his leadership and they are featured frequently in local and regional media including PBS television due to their ability to provide customers with an outstanding music experience in an upscale environment. He stated their goals far Delray Beach are: (1) to create a sustainable first class music venue excelling in music, vision, and sound, (2) to provide a setting to motivate musical artists of all ages to be original and imaginative, and {3) to inspire audiences {young and old) who support the arts and live music. Mr. Frankel stated he likes Ivlr. Kinsloe's idea alat and asked if he has looked at any other locations. It?ir. Kinsloe stated he has been scouting the Delray Beach area far about 1 Iz years and feels the center of downtown off .Atlantic Avenue presents the most opportunity for this to be successful. FIe stated further north on Federal Highway he does not feel they will draw enough pedestrian traffic. _Richard Jones, Richard Janes Architecture, 20 S.E. 1st Avenue Ste. #102, Delray Beach, FL 33444, stated it is not every day that you have a client that walks in with concepts and thin~~ing outside the box. Mr. Jones stated this Delray resident has fallen in love with the site. He stated this site has a lot of nostalgia and is the old Hugh Jorgan's location and it would be nice to see a music venue go back into this corner. Mr. Jones stated Mr. l~.insloe has found another 20-25°lo square footage that the City can use for sale or for lease and the CRA would still be left with two-thirds of the square footage that they had originally intended to possibly occupy, He stated the City has an opportunity for a publielprivate partnership where all parties can work together (City, CRA, and private enterprise). Mr. Jones stated he feels this is worthy of a little more exploration on the financial side. 9.F. REQUEST FOR QUALIFICATIONS (RFQ}1VETERANS PARKJWORTHING PARK: Consider approving the Review Committee's rankings of responses to Requests for Qualifications (RFQ) for the Veterans Park Master Plan and Worthing Park design; and authorizing staff to enter into negotiations with the top ranked firm for each project. Richard Flasko, Director of Environmental Services, stated this is a request for the Commission to approve Request for Qualification {RFQ) rankings for the Veterans Park Master Plan and Worthing Park design and authorize staff to enter into negotiations with the top ranked firm. Mr. Hasko stated staff published two Requests for Qualifications {I~.FQ's) and 17 fines responded. He stated the Review Committee consisted of Richard Hasko, Linda Karch, Randal Krejcarek, Jeff Costello {CRA), and Tim Tack, Project Manager for the CRA. lVir. Hasko stated the Committee ranked all of the respondents according to the evaluation categories and added all the points and totaled the scares. NIr. Hasko stated Glatting Jackson Kercher Anglin was the top ranked firm for the Master Plan, Veterans Park, as well as the design for Woz~thing Park. Mr. Eliopoulos inquired about the rankings. Mr. Hasko stated the RFQ's were individual at the time and it was a combined advertisement for two separate parks so the consultants were ranked individually for each park. 29 121Q1lQ9 The City Manager stated the tasks are somewhat different far each as well. Mr. Hasko stated Worthing Park is going through the entire process such as design drawings, whatever site plans approvals are required and ending with construction drawings and going to construction. Mr. Hasko stated the Veterans Park effort is essentially an update of a farmer Master Plan that dates back to the late 1980's which will also involve some community involvement in gathering information from stakeholders as staff gets done on most of the projects. Mayor McDuffie wants to make sure that they understand the Commission after everything with Q1d Schaal Square. 1~!lr. Eliopoulos stated he hopes we can get through this a little bit better and suggested that the Commission stay more engaged. l~?lr, Hasko stated any of those issues and misunderstandings has been worked out at his point and informed everyone to see Phase I. Mr. Eliopoulos moved to approve the Request for Qualifications (RFQ) for the Veterans Park Master Plan and Worthing Park design and authorize staff to enter into negotiations with the top ranked firm Glatting Jackson Kercher Anglin for each project, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -- Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliapaulas -Yes, Said motion passed with a 5 to 0 vote. 4.G. SERVICE AUTHORIZATION NO. 06-08/CURRIE SOWARDS AGUILA ARCHITECTS: Approve Service Authorization Na. 06-08 in the amount of $26,750.00 to Currie Sowards Aguila Architects for professional design services regarding replacement of the concession stand and press box building at Little Fenway. Funding is available from 334-4173-572-63.90 (General Construction Fund/Improvements Other/Other Improvements). Richard Hasko, Director of Environmental Services, stated this is a request for approval of a service authorization to Currie Sowards Aquila Architects in the amount of $26,750.00 for professional design services for replacement of the concession building at Little Fenway Park at Miller Park. Mr. Hasko stated the original construction delivery method was intended to be a construction management at risk the same as the soccer complex and the garage. He stated when staff got to the final stages where staff was ready to consider the maximum guaranteed price for that agreement it was substantially over budget. At that point, staff realized that one of the quickest ways to bring the budget down was to not to use the CM at Risk Construction delivery method. 11rIr. Hasko stated staff decided to go to a traditional design bid build and staff was sti11 somewhat over budget so staff started picking away at the scope to get to the final scope that they actually bid. He stated when they got to the bottom line and in order to stay within the budgeted estimates there was very little scope involved with the Little Fenway Park. Ztrlr. Hasko stated in the process of all that staff identified issues starting with the grading and the condition of the outfield at Little Fenway. He stated the irrigation system that is out there has had sizeable holes in the outfield for these large sprinkler heads to pop up and 30 12/01/09 over the course of maintenance and time cutting the grass they tend to get grass thatches aver them and makes for a dangerous condition. Mr. Hasko stated staff met at the site with the Mayor, City Manager, and representatives from Parks and Recreation and West Construction. Mx. Hasko stated they got a scope to deal with fixing the outfield and irrigation, etc. Mr. Hasko stated staff met with the architects again to give an opinion on the viability of restoring the existing concession facility as opposed to completely demolishing it and replacing it. He stated because of its age the question is does it still perform the functions and meet the needs that you need it to meet for the use of the park and the answer to that question as a consensus was "no". Mr. Hasko stated in looking at the condition of the building there is essentially four concrete pillars holding it up. He stated there is a lot of termite damage, there is a lot of rotten siding, and based an what can be seen it does not appear that it is going to be cost effective to try and rehab it as opposed to demolishing it and replacing it, Mr. Hasko stated staff has quotes to demolish the building and noted that they are trying to coordinate the relocation of the electrical equipment. Mr. Eliapoulas stated in his professional opinion this fee is too high. He stated we hire a structural engineer to evaluate a building asking them if we should save it and then we hire them to do the drawing. He suggested that in the future the City hire someone else to do the evaluation. Mx. Eliapaulos suggested that Mr. Aquila came before the Commission to describe what the scape is because he does not see it. Mr, Hasko stated the scope starts with a discussion with staff and a reprogramming of the facility. He stated the primary focus was the condition of the building and the second was the progran~:ning of it. 11?ir. Eliopoulos asked if staff ever considered asking the architect who was doing Miller Park do this project. Mr, Hasko stated imley-Horn did the architectural design for the buildings and the buildings were designed for the firm that provides the pre-fabrication and was the same firm that did the soccer complex and staff's experience with that firm has been a little disappointing in terms of what they promised the City. 1Vir. Hasko stated I~.imley-Horn is an excellent fnm. Mayor McDuffie stated this is a press box, cancessian stand, restrooms, storage areas, electrical room and a front parch far the scoring area up against the field, Mr. Hasko stated he will go back to Mr. Aquila and negotiate the fee. 8, 2009, It was the consensus to table this item to the regular meeting of December 9.H. AP'PUINTMElYT TO THE PARKIlYG IYIANAGEl~~El~TT ADVISC}RY BOA12D: Appoint one (1} Citizen-At-Large Representative to the Parking Management Advisory Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Mayor McDuffie {Seat #5}. 31 12/01109 Mayor McDuffie stated he wished to appoint Bruce Gimmy as a Citizen- At-Forge Representative to the Parking Management Advisory Board.(PMABj to serve an unexpired term ending July 31, 2011. Mr. Eliopoulos so moved, seconded by Mr. Frankel. Dpon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; ~r1r. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.I. EMPLOYEE ItECOGNITIUN FOR FY 2049 BUDGET SURPLUS: Consider approval to recognize employee efforts for the FY 2009 budget surplus by providing all full-time employees an extra day off an December 23, and all Civil Service employees a net Christmas bonus of $250.00. {Addendum) The City Manager stated the employees worked very hard to enable the City to come in with a surplus when staff anticipated a deficit when the revenues fell almost $1 million short of projections. He stated he wanted to do something similar to what was done last year to recognize employees' contribution to that. The City Manager stated he would like to give all fu11-time employees Wednesday, December 23, 2009 off with pay and for all Civil Service employees give them a Christmas bonus of $250.00 since all the bargaining unit employees were eligible for pay increases because of the continuing nature of their contracts. The City Manager stated all Civil Service employees had their salaries frozen this year and therefore would like to give them a Christmas bonus. Mx. Eliopoulos stated he supports giving employees the extra day off. 1•`Ie stated last year the Commission approved a $100.00 bonus for all civil service employees which totaled $80,000.00. Mr. Eliopoulos expressed concern over the $80,000.00 and whether or not it should be across the Board has was done last year) or just not approving it because it is not appropriate at this time because of the economy. The City Manager stated something needs to be done for the Civil Service Board employees because there are rumblings about creating a White Collar Bargaining Unit, He stated Civil Service employees' salaries have been frozen where others have not, The City Manager stated the amount is adjustable and if the Connnission feels the City needs to do this for everybody then this can be done. The City Manager reiterated that something needs to be done far Civil Service employees, l~lrs. Gray suggested that the Conunissian look at giving a $100,00 Christmas bonus far everyone, Mr. Frankel stated he is open to do something for the employees and expressed concern about next year's budget and that there are even mare cuts coming. Mayor McDuffie stated the Commission challenged everyone to work smarter and they did. The City Manager stated the employees under spent the budget by approximately $2 million. 32 12/01/09 Mr. Frankel stated everyone contributed to help saving the City money and feels something should be done for everyone across the board, Mr. Fetzer stated civil service employees had no increase last year and no increase in this year's budget and the bargaining units did get raises in accordance with their existing contracts. He stated if this is going to be done he would rather direct that money towards the civil service employees who have not received anything far the last two years. However, Mx. Fetzer stated he does not want to cause mare division with the wank farce by giving different amounts and based on what the City is facing next year with the budget, the appropriate thing would be to give the extra day off but na bonus. Mr, Fetzer moved to approve to give all full-time employees an extra day off on Wednesday, December 23, 2009, seconded by Mr. Eliopoulas. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. Frankel -- Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 10:10 p.m., the Commission moved to Item 11, Comments and Inquiries on Nan-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. The City Manager stated Kevin Rouse spoke at the last meeting about several different items with regard to signage that is on Atlantic Avenue. The City Manager stated the City feels it is reasonable to leave the signs up for thirty (30) days after the roads are reopened for vehicular traffic and the City is also working an a proposed amendment to the sign code to provide directional signage in the right-of way along Atlantic Avenue for businesses located on side streets. He stated we are in the research stage looking at other City sign codes that have other similar provisions and our goal is to have this one ready to be considered by the appropriate Boards by mid-January 2010. The City Manager stated Mr. Rouse also expressed concern about valets driving past his business at high rates of speed. The City Manager stated the City will ask the Police Department to monitor that. Also, he believes that once the street is reopened they will have no reason to go that far south and it will help to correct the problem. The City Manager stated Mr. Rouse also expressed concern about street lights and staff is in the process of completing an inventory of existing street lights in the area bounded by Atlantic Avenue and S.E. 2nd Avenue, Swinton Avenue to S.E. Sty' Avenue. Qnce the inventory is completed and the current street light policy is reviewed a determination will be made regarding the need for additional street lights. Secondly, Ms. Moody expressed concerns about the landscaping an West Atlantic Avenue. The City Manager stated the beautification project completed on West Atlantic Avenue is the last beautification project on the Atlantic Avenue corridor to create a continuous look and feel from I-95 to A-1-A. The City Manager stated the City will do the best they can to minimize any disruption to the ground cover plants. The City 33 12101/09 Manager stated the Parks and Recreation Department trims the palm fronds and he rarely sees one that falls. With regard to the electrical boxes at the base of the trees and light pales, the City Manager stated they are installed in support of special events and exist in mast other stretches of Atlantic Avenue. They are inspected on a regular basis and repaired as needed. 11.B. From the Public, None. 12. FIRST READINGS: A. None At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, City Attorney, and the City COIriIlli$$i4Il. 13.A. City Manager The City Manager stated Commissioner Gray asked that Mrs. Butler present the services that are offered through the Neighborhood Resource Center (NRC) and other services provided by non-profit partners or groups for residents living in the Southwest and Northwest neighborhoods at a scheduled Workshop Meeting. The City Manager stated Mrs. Butler is prepared to do this presentation at the January Workshop Meeting of January 12, 2010. Secondly, the City Manager stated on November 19~' he attended the first day of the Florida League of Cities Legislative Conference and noted he is on the Urban Administration for Legislative Priorities and the first priority that they adopted was to get repealed {The Prohibition on Local Government Expenditures for Issue Campaigns), The second priority was amending the requirements for public notice. The City Manager stated they are not sure if this will happen this year but noted that newspapers are shrinking and disappearing in some cases. Therefore, the City Manager stated the City wants to allow for more Internet advertising and other means of advertising rather than having sole legal requirement be through the newspapers. The City Manager stated he believes this is what will happen eventually. Lastly, the City Manager stated there was a law passed last year that the Clerks of Courts are interpreting to mean that they can withhold ten {10°l0) percent of all of our traffic fines off the top and staff is trying to get this clarified. 13,8. City AttorIley The City Attorney had no comments and inquiries on non-agenda items. 34 12101109 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer had no comments and inquiries on non-agenda items. 13,C.2. Mr. Eliflpouic~s lti![r. Eliopoulos stated Thursday he was with his son at Pompey Park serving the community. Secondly, he stated several people were with Dolores Rangel, Administrative Assistant, for "You Are Nat Alone" and noted it was a great turnout. Lastly, Mr. Eliopoulos announced that Ms. H. Ruth Pompey passed away and her funeral will be held on Saturday, December 5, 2009. He stated we lost a true leader of our community. 13.C.3. Mrs. Gray Mrs. Gray thanked Atlantic High School for inviting her to participate in the reading program. Secondly, Mrs. Gray stated she will be attending the meetings for the Knights of Pythagoras at Atlantic High School. Mrs. Gray stated since we are hying to recoup the dollars from the parking garage at Old School Square we need to look at relocating the Chamber of Commerce to another location. 13.C.4. Mr. Frankel Mr. Frankel stated as afollow-up to his email regarding Palm Beach County looking into the pain clinics, they are going to establish a moratorium. He suggested that the City of Delray Beach will follow up on whatever lead Palm Beach County takes on this issue. Birthday". Secondly, lt?lr. Frac~kel wished Commissioner Eliopoulos a "Happy 13.C,5. Manor McDuffie Mayor McDuffie stated Monday he rode with people from the Office Depot Foundation and delivered 37,500 pounds of frozen turkeys. 35 12101109 Secondly, Mayor McDuffie commented on Project Holiday ("You Axe Nat Alone") and stated the turnout was great. He stated aver 3flfl boxes were shipped to the troops in Afghanistan and Iraq and Delores Rangel, Administrative Assistant, should be commended far spearheading this praj ect. Mayor McDuffie stated this was a tremendous outpouring from the entire community to make that happen. There being na further business, Mayor McDuffie declared the meeting adjourned at 1fl:20 p.m. City Clerk ATTEST: ~~ MAYA 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 December 1, 2flfl9, which Minutes were formally approved and adopted by the City Commission an January 5, 2010 ,~,,„ i City Clerk NOTE TO irC.EADER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will became the official Minutes only after review and approval which may involve some amendments, additions or deletions as set faith above. 36 121fl 11fl9 - IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR MEII.L.OW MUSHROOM ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA 1. This waiver request is to the requirement that in-lieu parking fees be paid in three (3) installments, with a minimum requirement of 50°lo at building permit issuance and two {2) subsequent payments at 25% each within a three (3} year time frame has came before the City Commission on December 1, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the Mellow Mushroom. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection 1. (. WAIVER: Pursuant to LDR Section 4.6.9{E}{3}{d}, requires the payment of in-lieu fees in three {3} installments with a minimum requirement of 50°fo at building permit issuance and two (2) subsequent payments at 25°lo each within a three {3) year time frame. Applicants for an in lieu fee which is not paid in full at the time of building permit issuance must enter into an In-Lieu Parking Fee Agreement with the City. Such agreement shall be retarded with the Public Records Office of Palm Beach County. Mellow Mushroom restaurant is requesting a modified payment plan to allow four (4) installments of 25% each within a four {4) year time frame. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: {a) Shall not adversely affect the neighboring area; {b} Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, {d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property far another applicant or owner. City Commission Meeting an December 1, 20U9, Item 9.A. ti Would the waiver of Section 4.$.9(E)(3)(d) to allow a modified payment plan of four (4) installments of 2~°~ each within a four{4) year time frame comply with the requirements of 2.4.7{B)(5)? Yes / No 3. The City Commission has applied the Comprehensive Plan and i_DR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based an the entire record before it, the City Commission approves / denies the waiver request to LDR Section 4.6,9{E)(3)(d). 6. Based on the entire retard before it, the City Commission hereby adapts this Order this 1st day of December, 2009, by a vote of ~--~,,in favor and 0 apposed. ATTEST. Nelson S. McDuffie, Mayor 1 Chevelle Nubin, City Glerk 2 City Commission Meeting an December I, 2009; Item 9.A. WHO MUST FILE FC}RM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or carnmittee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112,3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close aktention to the instructions on this form before completing the reverse side and filing the form. iNSTRUCTICtNS FflR CG~MPtIANCE WITH SECT[t}N 112.3143, FLCIRIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain ar loss of a principal (other than a government agency) by wham he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; ar to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163,356 or 163.357, F,S., and offtcers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative° includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law,. son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose khe conflict; PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; acrd' WITHIN 16 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. r * a r ~ • t • t w • t t t ~ z APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters, However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in wri#ing and whether made by you or at your direction. lF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE TFtE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN; You must complete and file this form {before making any attempt to influence the decision} with the person responsible for recording the minutes of the meeting, who wit{ incorporate the form in the minutes. {Continued on other side} CE F{)t2M 8B - EFF. 112oco PAGE 1 APPOINTED OFFIGERS ~cantinued} • A copy of the form must be provided immediately to the other rrtembers of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature{of your conflict in the measure before participating. • Yau 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 farm in the minutes. A copy of the farm must be provided immediately to the other members of the agency, and the fomT must be read publicly at the next meeting after the form is filed. DiISGL.OSURE C?F LOCAL. OFFICER'S INTEREST I, 6axp El.iapoulos ,hereby disclose that on December 1 ; .' , 2Q (}9 {a) A measure came or will came before my agency which (check onej _ inured to my special private gain ar foss; ~„ inured to the special gain or lass of my business associate, Kupi & ~Iiopoulos Architecture inured to the special gain or loss of my relative, ~ , _ inured to the special gain or loss of , by wham I am retained; or - inured to the special gain or loss of which' is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: _ ~~ 1 d 17ate Filed ~gnatu e NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY RE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPEN~~ION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $1Q,Q0(7. CE FORM &8 - EFF.1l2000 PAGE 2