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01-19-10 Regular Meeting MinutesJANUARY 19, 2010 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at b:00 p.m., Tuesday, January 19, 2010. 1. Roll call showed: Present - Commissioner Gary F. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Fraokel Commissioner Angeleta E. Gray Mayor Nelson S, McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2, The opening prayer was delivered by Reverend Nancy Norman with Unity Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. It was noted that Item 6.D. Catholic Schools Week Proclamation was added to the Agenda by addendum and Item 9.E., Status Report on Waste Management Issues was added to the Regular Agenda by addendum. Mr. Fetzer moved to approve the Agenda as amended, seconded by Mrs, Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Ms. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5, APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of January 5, 2010, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr, Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; IVY. Fetzer -Yes. Said motion passed with a 5 to 0 vote. O11I9110 6. PROCLAMATIONS: 6.A. Reco nizin and Commendin the Delra Rocks Football and Cheerleadin~ Squads Mayor McDuffie read and presented a proclamation hereby recognizing and commending The Delray Rocks Football and Cheerleaders Participants for the representation of the City of Delray Beach. Ben Leonard came forward to accept the proclamation and gave a few brief comments. 6.B. Reco~nizin~ and Commending the winners of the 2009 Mayor's Cup -Delray Athletic Club Mayor McDuffie read and presented a proclamation hereby recognizing and commending the winners of the Delray Beach Athletic Club 2009 Mayor's Cup. Mr. Paul Stanley came forward to accept the proclamation and gave a few brief comments. 6.C. Recognizing Black Ilistory Month --February 2010 Mayor McDuffie read and presented a proclamation hereby proclaiming the month of February, 2010 as Black History Month. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. 6.D. Reco nizin Catholic Schools Week - Januar 31-Februa 6 2010 (Addendum} Mayor McDuffie read and presented a proclamation hereby proclaiming the week of January 31-February 6, 2010 as Catholic Schools Week. Vikki Delgado with St. Vincent Ferrer Catholic Church came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 02-10: Endorsing Employer Support of the National Guard and Reserve The caption of Resolution No. 02-10 is as follows: A RESOLUTION ENDORSING EMPLOYER SUPPORT FOR THE NATIONAL GUARD ,A,ND RESERVE, IN FURTHERANCE OF OUR COLJ2~TZ'RY'S SERVICE MEMBERS AND THEIR FAMILIES DURING TIME OF NEED; FURTHER INSTRUCTING THE CITY CLERK TO TRANSMIT SA.,ME TO THE CHAII~142AN OF THE NATIONAL COIGfi1rIITTEE FOR 2 01119110 El~!IPLOYER SI.JPPC}RT QF THE GUARD A,ND RESERVE; PRQVIDING AN EFFECTIVE DATE. {The official copy of Resolution No. 02-10 is on file in the City Clerk's office.) Mayor McDuffie read and presented Resolution No. 02-10 to Peter Caspari. Mr. Frankel moved to approve Resolution Na. 02-10, seconded by Mrs, Gray. Upon roll ca11 the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; 1Vlr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote, 7.B. Recognize and commending Dr. Bradle~r Bradford -Pediatrics by the Sea Mayor McDuffie read and presented an award to Dr. Bradley Bradford far his generous donation of 150 turkeys to needy families in the conununity during the Thanksgiving Holidays. Dr. Bradley Bradford was not present, Therefore, Mary Leavenworth came forward to accept the award. 7.C. National League of Cities Congress of Cities -Joseph Elisma Joseph Elisma stated he is a junior in the International Baccalaureate Program at Atlantic Community High School and is in the Criminal Justice Career Academy and two months ago he attended the National League of Cities Conference in San Antonio, Texas on November 12-14, 2009 and gave a brief PowerPoint presentation about his experience. He stated throughout the conference there were various workshops and one of the three main ones he felt was most important were the Dawntawn Revitalization and they talked about the key to sustaining a city's economy. Mr. Elisma stated he also attended the Local Food Initiatives Workshop and they talked about how they had decided to turn vacant lots into a farmer's market sa they could grow planted and cultivated crops which they sold to the community. In addition, he attended the Intelligence Led Policing and they talked about how Richmond and San Diego being two urban metropolitan, high populated areas and how crime was a major factor. He stated they talked about how they reduced it through smart policing and implemented a system called SARA {Scan Analysis Response and Assess}. He stated through this system they decreased their crime rates drastically and noted although the system is costly they paid for it through Federal Grants. Mr. Elisma stated KA.BOC}M is a foundation founded by Ben Duda and the main mission is to create opportunities for children to play through the creation of programs. He stated Mr. Duda said how it is important for children to have a place to ga after school, to not be around peer pressure, to develop good morals, and connect with people on a positive note. He stated they went to a low social economic neighborhood and noted that San Antonio gave the National League of Cities {1`TI-C) a piece of land and the land was across a housing development that housed 200 families and the I+TLC and the youth delegates created a playground in approximately '7-$ hours. 01119/10 Mayor McT)uffie stated Mr. Duda and the K:ABOOM .Organization awarded the City of Dekay Beach the playful cities USA award this year for its Parks and Recreation and parks in the community. He stated the Delray Beach Youth Council run by Janet Meeks (Education Coordinator) has a place for Mr. Eiisma and suggested that he leave his name and address with the City Clerk to pass along to Mrs. Meeks. T.D. S.P.I.R.I.T. (Service, Performance, Inte~ritY, Responsibility, Innovation, Teamwork} Committee Quarterly Awards Presentation Juan Manzano recognized Officer Steve Swanson as the S.P.I.R.I.T quarterly award winner. 11rIr. Manzano stated in December 20109 Officer Swanson showed exemplary service and compassion as he participated in a commu~~ity service program called Project Homesafe. Officer Swanson played Santa far numerous orphaned children and this was his second year participating in this program. The homes included Orphan Girls (in Baca Raton), Boys Orphanage (in West Palm Beach) and Foster Kids (in West Palm Beach}. Mr. Manzano stated toys were brought and delivered by Officer Swanson to approximately 150 children that otherwise would have gone without. Officer Steve Swanson came forward to accept the award certificate. 8. CONSENT AGENDA: City Manager Recommends Approval. $.A. REVISION TO THE AGR.EEMENTISTANLEY CONVERGENT SECURITY SOLUTIONS, INC.: Approve a Revision to the Agreement with Stanley Convergent Security Solutions, Inc. for the installation of Phase II of the securitylfire monitoring system at the Water Treatment Plant. 8.B. A11IENDMENT NO. IlINTERLOCAL AGFt.EEMENTITOWN OF GULF STREAM: Approve Amendment Na. 1 to the Interlocal Agreement with the Town of Gulf Stream to collect Palm Beach County impact fees and an administration fee in the amount of 3.4°l0 of the total collected. 8,C. HOUSING REHABILITATION GRAIVTICONTRACT AWA.ItD: Approve one (1} Housing Rehabilitation Grant contract award (2488 Sandy Avenue} in the amount of $17,645.25 to Jemstane Canstraction Group, Inc. Funding is available from 118-1963-554-49.19 (Neighborhood ServiceslOther Current ChargeslIlausing Rehabilitation}. $.D. AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-RECIPIENT Ft3NDING AGREEMENT/FAIR HOUSING CENTER OF THE GREATER FALM BEACHES: Approve an amendment to the sub-recipient funding agreement with Fair Housing Center of the Greater Palm Beaches under the Cozrununity Development Block Grant (CDBG) program for FY 2009-2410, to increase funding to $8,404 and include service provision to and focus on immigrant populations within Delray Beach. Funding is available from 118-1961-554-49.17 (Neighborhood Services/Other Current ChargeslPromotian of Fair Housing}. 4 01119114 B.E. CONSENT TO ASSIGNMENT/BOCA PARKING SYSTEMS TO SUNSHINE STATE PARKING, LLC.: Approve a Consent to Assignment from Boca Parking Systems to Sunshine State Parking, LLC. for spaces in the Bob Federspiel Parking Garage. B.F. AGREEMENT/WOI~:I£F'ORCE ALLIANCE, INC.IFLORIDA BACK TO WORK PROGRAM: Approve an Agreement between the City and Workforce Alliance, Inc., to participate in the Florida Back to Work Program. 8.G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 4, 2010 through January 1 S, 2010. B.H. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Phoenix Landscape Maintenance, Inc. at an estimated annual cast of $28,262.36 far landscape maintenance of medians an Homewood Boulevard, Linton Boulevard and three (3) on Military Trail. Funding is available from 119-4144-572-46.40 {Beautification Trust Fund/Repair & Maintenance Services/Beautification Maintenance). 2. Contract award to Special Products Group in the estimated annual amount of $75,000.00 for uniform procurement for Fire-Rescue Department personnel. Funding is available from 001-2315-526- 52.22 (General FundlCfperating SupplieslLTniforms/Linen Service). 3. Purchase award to The Mohawk Group in the amount of $64,381.15 for replacement carpeting at the Police Department, Funding is available from 334-2111-521-46.10 (General Construction FundtRepair ~ Maintenance ServicesBuilding Maintenance). Mr. Eliapoulos moved to approve the Consent Agenda as amended, seconded by Mr. Frankel. Upon roll ca11 the Commission voted as follows: Mayor McDuff e -Yes; Mr. Eliapoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray - Yes. Said motion passed with a S to 0 vote. 9. REGULAR AGENDA: 9.A. A,MENDMENT NO. 3 TO AGREEMENT WITH COASTAL CO1I~IMERCIAL GROUP, LLC.: Consider approval of Amendment Na. 3 to the Agreement with Coastal Commercial Group, LLC. far an extension of the Agreement to June 1, 2015 as well as a minimal reimbursement fee to Coastal, on an annual basis, during the term of this Agreement, ' S 01119110 Brian Shutt, City Attorney, stated this amends the City's agreement for the marketing of the Old School Square retail space. The amendment extends the agreement the City has with Coastal. Mr. Shutt stated currently that agreement is set to expire on September 30, 2014 and he has extended it to June 1, 2015 because we have the lease agreement with the CRA that will not expire until February 2015 and because of the bond issues the City has on the Old School Square Garage he wanted to make sure that we had the broker agreement with Ms. Ingrid Kennemer at least to go several months beyond the term. Mr. Shutt stated there is also a provision as far as the payment of certain expenses for Ms. Kennemer not to exceed $2,500,00 on an annual basis depending if the agreement extends for the full five years. Mr. Eliopoulos inquired about the expense amount and stated he is assuming that is protecting the City's bond. Mr. Shutt stated this past year Ms. Kennemer had spent approximately $2,200.00 and this is something that needs to be in place although we may n©t go up to the maximum. l~r1r. Shutt stated there are certain things where the City needs to have a broker in place and to be doing certain things so that we can make sure our bonds remain tax exempt. Mr. Frankel moved to approve Amendment No. 3 to the Agreement with Coastal Commercial Group, L.L.C., seconded by Mrs. Gray. Upon roil call the Commission voted as follows: Mr, Eliopoulos -Yes; Mr. Fetzer -Yes; Mr, Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.B. REJECTION OF AL,L BIDS/i.ANDSCAPE MAINTENANCE PROJECT: Consider a request to reject all bids and re-bid Bid #2010-16-Landscape Maintenance far I-95 interchanges at Atlantic Avenue and Linton Blvd., plus the 10th Street overpass. Linda Karch, Director of Parks and Recreation, stated this is a request to reject ail bids and re-bid Bid #2010-16 ---Landscape Maintenance for I-95 Interchanges at Atlantic Avenue and Linton Boulevard, plus the 10~' Street overpass. Ms. Karch stated the bids were inconsistent in the bid prices and they range from $20,370.00 to $125,448.00. She stated staff would like to tighten up the bid specs and re-bid this and staff also plans to add Gateway Parks to this bid. Mr. Eliopoulos conunented about the huge discrepancy and asked staff what areas we are lacking. Tim Sinunans, Parks Superintendent, stated last year the City's contract was at $119,225.00 so to get the service that the City is looking for some people were just underbidding too drastically. Mr. Eliopoulos moved to reject all bids and re-bid Bid #2010-16, seconded by Mrs, Gray. Upon roll call the Commission voted as follows: Mr, Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote, 6 01/19/10 9.C. CtJNSII}ER ISSUING A REQUEST FC}R PR(3POSALS, {RFP) FC}R TRC}LLEY STYLE VEHICLES: Provide direction to staff an whether to advertise a Request far Proposals (RFP) far trolley style vehicles to operate the Downtown Roundabout. Scott Aronson, Parking Management Specialist, stated aver the last month staff has been looking to piggyback the current contract with a trolley provider. Mr. Aronson stated last week staff came to realize that the awarded bids for those prices were much higher than what the vendor was looking to allow us far pricing. He stated those bid prices were cost prohibitive similar to when we let out this project in 2003. Staff would like to advertise an RFP {Request for Proposal} and plan an using the same scope of services and specify trolley vehicles. Mr. Fetzer inquired about the existing contract on the trolleys and whether or not it is about to expire, Mr. Aronson stated the original contract was signed in January 2008 and staff was waiting for grants to came through so the vendor did not start until June. Mr. Aronson stated the grant did not come through at the MPO (Metropolitan Plarit~ing Organization} so the City Commission decided to move ahead and absorb the $80,000.00 cost. Mr. Fetzer stated the funding now that is provided for the shuttle is provided by the Community Redevelopment Agency (CRA) and the County. Mr. Aronson stated the funding provided for the shuttle is provided by the CRA and two grants; one from the County and one through FDOT (Florida Department of Transportation). l~lr. Fetzer asked if the City has instituted any charges for the shuttle. Mr. Aronson stated the City has not instituted any charges for the shuttle. Mr. Eliopoulos requested that the Commission see the F:FP before it actually goes out. Mr. Eliopoulos asked about the original RFP for just two vehicles. Mr. Aronson stated the original RFP was two routes with three vehicles (one used as a surplus vehicle in case of emergencies). Mr. Aronson stated they will be doing the proposed 1.47.5 service hours that they have now. Nir. Eliopoulos stated during the last budget session the Commission talked about charging a small fee and is not sure whether we want to add that as one of the elements. Mr. Eliopoulos stated he thinks a trolley style vehicle is more appropriate for Delray Beach. Mrs. Gray asked what would happen to the shuttles we have now. Mr. Aronson stated the shuttle buses are owned by Quality Transport not the City of Delray Beach. Mrs. Gray asked if the trolley will just be downtown. Mr. Aronson stated the routes for the trolley will be the same. Mrs. Gray inquired about what the City contributed. Mr. Aronson stated the reduction in this budget was approximately $150,000.00 {the City's portion of it). Mr. Frankel asked how much this will cast. Mr. Aronson stated when we let the contract in 2003 one Trolley Company responded to the bid and it was $96.50 per hour. The two contracts that the City was trying to piggyback ended up being $8$.00 per hazer and the other was $112.00 per hour. 7 O1/19!10 The City Manager stated the City is not planning on any more City money going into it. Mr. Frankel stated a citizen asked him why the shuttles were operating in Baca because ane was there the month of December. •1Vlr. Frankel stated he toa has seen ane of the shuttle buses west of the Citibank on West Atlantic Avenue. Mr. Aronson stated their maintenance facility is in Fart Lauderdale and they gas up at various stations throughout the day. In addition, Mr. Aronson stated there is also an extra bus. Mayor McDuffie asked when this will be prepared. Mr. Aronson stated staff was going to try and get this out for this coming week before the end of the month. Mr. Aronson stated if the Commission would like to see this again then staff can bring this item back the first meeting in Febntary. It was the consensus of the Commission to direct stair to give them a copy of the Request for Proposal {RFP~ before it goes out and that this be brought back to the Commission for the February 2, 2010 meeting. At this paint, Commissioner Eliopaulos stepped away from the dais. 9.D. APPOINTILI"ENT TO THE CODE ENFORCElY1ENT BO.A.RD: Appoint one {1) regular member to serve a three (3) year term ending January 14, 2012 on the Code Enforcement Board. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). Mrs. Gray moved to appoint Waymon Dixon as a regular member to the Code Enforcement Board for a three {3) year term ending January 14, 2012, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; 141rs. Gray -Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:00 p.rn., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 14. PUBLIC IIEARINGS. 14.A. ORDINANCE NO. 44-14. Consider modification of the Blood's Grove SAD (Special Activities District) Ordinance No. 46-fl7, in conjunction with a change to add an additional 1,088 sq. ft. to an existing 29,780 sq. ft. medical office building to total 30,868 sq. ft. for the Midtown Medical Building, located at the southwest corner of Linton Boulevard and Old Germantown Road (4600 Linton Boulevard}. (Quasi-Judicial Hearing) (The applicant has requested this ©rdinance TA&LEI? until the February 2, 2(110 City Commission Meeting) The caption of Ordinance No. 04-10 is as follows: 8 01/19110 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 46-07 WHICH ESTABLISHED TFIE SPECIAL ACTIVITES {SAD} ZONIING DISTRICT FOR MIDTOWN DELRAY, BY AMENDING SAID ORDINANCE 4b-07 TO ALLOW FOR AN INCREASE IN THE FLOOR AREA FOR MEDICAL OFFICE BUILDING; AMENDING THE LAND DEVELOPIi~?IENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.25(G}, "S.A.D.s," SUBSECTION {9) MIDTOWN DELRAY TO REFERENCE ORDINANCE 04-10; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AMID AN EFFECTIVE DATE. (The official capy of Ordinance No. 04-10 is an file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter afthe City afDelray Beach, Florida. Mr. Frankel moved to table to a date certain of February 2, 2010 at 7:00 p.m., seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes; Nir. Frankel -Yes. Said motion passed with a 4 to 0 vote. At this point, Conunissioner Eliopoulos returned to the dais. 10,8. ORDINANCE NO. 03-10: Consider aprivately-initiated rezoning from CF {Community Facilities) to R.M {~~Sedium Density Residential} fora 0.387 acre parcel of land known as the Bordman Property, located on the west side of Oceanview Avenue, south of Gulfstream Boulevard. (Quasi-Judicial Hearing} The caption of Ordinance Na, 03-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF TF1E CITY OF DELRAY BEACH, FLORIDA, REZONING A1`~D PLACING LAND PRESENTLY ZONED COl~rI1ti~ICTNITY FACILITIES (CF} DISTRICT TO MEDli:JM DENSITY RESIDENTIAL {]Et.M) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE WEST SIDE OF OCEAI~J~VIEW AVEI`~[.TE, 125 FEET SOUTH OF GULFSTREAM BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING 11t1A.P 9 01119/10 OF DELRAY` BEACFI, FLORSDA, OCTOBER 2009"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND ~-N EFFECTP~E DATE. {The official copy of Ordinance No. 03-10 is on file in the City Clerk's office.} The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor McDuffie read the City of Delray Beach procedures for aQuasi- 1~udicial Hearing into the record for this item and all subsequent items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex pane communications. The Commission had no ex pane communications to disclose. Paul Dorling, AICP, Director of Planning and 2aning, entered the Planning and Zoning Department project file #2010-010 into the record. Mr. Dorling stated this is a request for consideration of a privately- initiated rezoning from CF {Community Facilities} to RM (Medium Density Residential) 0.38? acre parcel known as the Bordman property north of the Seacrest School next to the Seacrest Presbyterian Church. The church until just recently owned that parcel and used it for some recreation facilities associated with the church and they no longer need it and have sold it to the applicant. Mr. Dorling stated the applicant would like to rezone the property to accommodate two single-family homes. He stated the required findings as it relates to the zoning being similar in intensity as allowed under the FLZI~r1 {Future Land Use Map} are made in the staffreport. At its meeting of December 21, 2010, the Planning and Zoning Board considered the rezoning request for the Bordznan Property and recommended approval with a 6 to 0 vote. Staff recommends approval. There was no cross-examination or rebuttal. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of Ordinance No. 03-i0, to please come forward at this time. There being no one from the public who wished to address the Commission regarding Ordinance No. 03-10, the public heanng Was closed. 10 01119110 IVir. Eliopoulos moved to adopt Ordinance No. 03-10 on. Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Connnission voted as follows: Mayor McDuffie -Yes; Nfr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Fr~aakel - Yes; IVirs, Gray -Yes. Said motion passed with a ~ to 0 vote. 10.C. ORDINANCE N4. O1-10 (SECOND READI?YGISECONI3 PUBLIC HEA.-RING): Consider acity-initiated amendment to Land Development Regulations (LDR) pertaining to Assisted Living Facilities and Continuing Care Facilities. The caption of Ordinance No. O1-10 is as follows: office.) AN ORDINANCE OF TfIE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CI~CY OF DELRAY BEACH, BY A,NIENDING SECTIONS 4.4.1, "AGRICULTL~ItE (A) ZONE DISTRICT, SUBSECTION (B)"; 4.4.2, "RURAL RESIDEN'I'L~I, {RR) ZONE DISTRICT", SUBSECTION {B); 4.4.3, "SINGLE FAMILY RESIDENTIAL {R-1) DISTRICTS", SUBSECTION (B); 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SUBSECTION (B); 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", SUBSECTION {B); 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (B); 4.4.17, "RESIDENTIAL OFFICE {RO) DISTRICT", SUBSECTION (B); 4.4.21, "COI~IIvIUlVITY FACILITIES (CF) DISTRICT", SUBSECTION {B); 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT {OSSHAD)", SUBSECTION {B), IN ORDER TO CLARIFY THE ZON1G DISTRICTS IN '~TIIICH ASSISTED LIVING FACILITIES ARE ALLOWED AS PERMITTED USES; AMENDING SECTION 4.6.9 "OFF-STREET PA.ItI{ING REGULATIONS", SUBSECTION (C), TO CLARIFY THE PARKING REQUIREMENTS FOR ASSISTED LIVING FACILITIES, A.,ND AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE UPDATED DEFINITIONS FOR ASSISTED LIVING FACILITY AND CONTIr!`~Tt.TING CARE FACILITY"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTPJE DATE. {The official copy of Ordinance No. O1-10 is on file in the City Clerk's 11 Ol/19!10 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the Legislature recognizes that Assisted Living Facilities shall be operated and regulated as in residential environments not as medical and nursing facilities. Mr. Dorling stated Federal Law requires Assisted Living Facilities to be accommodated in the same manner as residential uses, providing that the density regulations of the local jurisdictions are met. Mr. Dorling stated in order to do that staff has made these modifications in this ordinance and added the uses as permitted uses in A "Agriculture" district, RR "Rural Residential" district, R- 1 "Single Fanuly Residential" district, RL "Low Density Residential" district, PRD "Planned Residential District", RO "Residential Office" district and OSSHAD "Old School Square Historic Arts District". Mr. Dorling stated it is also added as allowed uses in the CBD "Central Business District" and CF "Community Facilities" District. The ordinance also clarifies the parking requirements for assisted living facilities and modifies the definitions of both assisted living facilities and continuing care facilities. At its meeting of November 16, 2009, the Planning and Zoning Board considered this ordinance and the Board had some discussions about the category of personnel services and they had some concern that this might be used as a loophole to get around some issues that were recently closed with ordinances on transient residential uses and the definition of family. The City Attorney's office evaluated the Board's concerns and it was determined that the proposed ordinance is not in conflict with the recently adopted ordinances pertaining to "Transient Residential Uses" or the definition of "Family". After significant discussion, the Planning and Zoning Board recommended approval with a 7 to 0 vote. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Mrs. Gray moved to adopt Ordinance No. 01-10 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 02-10 (SECOND READING/SECOND PUBLIC HEARING): Consider acity-initiated amendment to the Land Development Regulations (LDR) pertaining to Community Residential Homes and Group Homes. The caption of Ordinance No. 02-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, 12 01/19/10 BY A11rIENDING SECTION 4.3.3(1}, "CO1VIlv]UI~ITY RESIDENTIAL HOMES AND GROUP HOMES", SUBSECTION (4), "CLASSIFICATIONS", TO UPDATE THE TABLE PROVIDED THEREIN AND AMENDING SECTIONS 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTION (D}; 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT {PRD) DISTRICT", SUBSECTION (B}; AND 4.4.12 "PLANNED COMMERCIAL (PC} DISTRICT, SUBSECTION {B}; IN ORDER TO CLARIFY THE ZOI\fIl~G DISTRICTS IN WHICH, COMMUNITY RESIDENTIAL HOI~rIES AND GROUP HOMES ARE ALLOWED AS EITHER PERMITTED OR CONDITIONAL USES AND AMENDING SECTION 4.6.9 "OFF-STREET PARKIl~TG REGULATIONS", SUBSECTION (C) TO CLARIFY TEIE PAItK.ING REQUI~~EMENTS FOR COM]V[T.INITY RESIDEN'TZ1~I. HOMES AND GROUP HO1~11ES, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, A.,ND AN EFFECTPJE DATE. office.} (The official copy of Ordinance No. 02-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is to update the City's LDRs to achieve consistency with respect to zoning districts where group homes and community residential homes are allowed. Mr, Dorling stated it deletes Level 1 Group Homes under the list of conditional uses in the R-1 zoning districts since they are listed under permitted uses; adds Group Home Type 1 as a principal use within the PRD {Planned Residential Development} adds Group Homes, Type 1 as a permitted use in the PC (Planned Commercial) zoning district; modifies the Zoning District Table to allow Community Residential Homes and Group Homes, Type 2; it allows Community Residential Homes as a conditional use in the cammerclal distracts of PC {Planned Commercial} and CBD-RC {Central Business District-Railroad Corridor) zoning districts; establishes parking requirements far conununity residential homes and group homes and deletes the reference to A.C.L.F.'s (Adult Congregate Living Facilities) which was repealed by Ordinance No. 20-08. At its meeting of November 1 b, 2009, the Planning and Zoning Board considered the text amendment. No one from the public spoke on the issue. The Board raised concerns similar to the ones on the previous ordinance as it related to concerns about loopholes that were closed with the transient residential uses and the definition of family, The City Attorney reviewed this ordinance as well to verify that those concerns 13 01/19110 were not warranted; however, after that discussion the Board voted 4 to 3 to recarrunend denial of this ordinance. At its meeting of January 5, 2010, the City Commission considered this ordinance and received a response from the City Attorney's office with respect to those concerns and recommended approval at that time. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 02-10, the public hearing was closed. Mr. Eliapaulas moved to adopt Ordinance No. 02-10 an Second and FINAL Reading, seconded by Mrs. Gray, Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr, Frankel -Yes; Nirs. Gray -Yes; Mayor McDuffie -Yes; 11rIr. Ehapaulas -Yes. Sa1d motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 45-10: Consider acity-initiated amendment to the Land Development Regulations {LDR} Section 2.4,7{G}, "Requests for Reasonable Accommodation", to provide an exception to the property address requirement on the "Request Form for Reasonable Accommodation". The caption of Ordinance No. OS-10 is as follows: office.} AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS", OF THE LAND DEVELOPMENT REGULATIONS OF TF~ CITY OF DELRAY BEACH, BY AMENDING SECTION 2.4.7{G}, "REQUESTS FOR REASONABLE ACCOMMODATION", IN ORDER TO AMEND THE REQUEST FORM FOR REASONABLE ACCOMMODATION FROM THE LAND DEVELOPMENT REGULATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No, OS-10 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, 14 01/19/10 Paul Dorling, Director of Planning and Zoning, stated this is to provide an exception to the requirement to provide a property address on the Reasonable Accommodation Request Form. Mr. Dorling stated this is being added because under Federal Law there are laws dealing with confidentiality of personally identifying health information. If this exception is requested, the applicant will be required to provide documentation to substantiate the claim that he/she is governed by this section. At its meeting of December 21, 2409, the Planning and Zoning Board considered the amendment and recommended approval with a 6 to 4 vote. The City Attorney stated there is a minor change revision from the first reading until this reading where staff added the same language under the address of the applicant just in case the applicant and the place where the accommodation may occur is the same address. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. OS-10, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 45-14 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:15 p.m., the Commission moved back to Item 9.E., Status of Report on Waste Management Issues (Addendum) of the Regular Agenda. h.E. STATUS REPORT ON WASTE i~'[ANAGEMENT ISSUES (Addendum) The City Manager stated the City has been working on franchise fees for some time with staff,llrlr. MacNamee, and Waste Management. The City Manager stated the issues with franchise fees have been cleared up and with the process of looking at franchise fees there are still some anomalies involving individual accounts that staff would like to discuss fi~rther with Waste Management. He stated he was called by 1Nlr. Hawkins, Area Vice President with Waste Management, and he left a voice mail. The City Manager stated he called Mr. Hawkins back twice today and he had to leave a voice mail and was not able to speak with him directly. However, the City Manager stated they have identified a person on their staff that will work with the City and they want to get an appointment set up so that the additional questions can be addressed as quickly as possible. With regard to the classification of units, the City Manager stated as staff has been looking at this there are several oddities that they would like to investigate further. The City Manager stated the unit count was in the bids when it was put out for a Request for Proposal (RFP) in 2441 and the count was changed in October 2402. Staff has not been able to find documentation as to exactly why it was changed, The City Manager stated going forward from 2042 every month the building division generates a report of 15 01119110 demolition permits and new Certificates of Occupancy (CO) issued. He stated a copy of that goes to Code Enforcement so they know how many new units are out there that need to have garbage carts delivered; a copy goes to Waste Management for their records, and a copy goes to iltility Billing. The City Manager stated that is used to update the unit count from month-to-month, fIe stated the multi-family count that was put in place in October 2002 has remained unchanged and all the additional units have been added to the rollout cart category and the other two categories have remained unchanged. The City Manager stated staff tank the City's billing records and compared the number of units in each category with Waste Management's billing and that is where the large difference of about 2,000 units between multi-family and roll-out came to light. The City Manager stated staff found an 8-unit apartment building that has no space far a dumpster nor do they have space far 8 tall-out carts. Therefore, they have an 8-unit multi-family building that is being serviced with 3 rail-out carts. The City Manager stated there is also a situation with mixed-use buildings where the first floor is commercial and the second floor has residential an it and there is no separate service far the residential multi-family units. He stated there is a dumpster that serves the commercial on the first floor and the residential on the second Haar. The City Manager stated that is all being serviced through a commercial account and staff believes the only way to sort this out is to do a field audit and use staff and Code Enforcement to do that. He stated staff feels it would take approximately two months to go through and field check each one of these different accounts and categories to be sure that the City has them properly classified and that we are billing the properties correctly and in turn that Waste Management is charging the City correctly for the type of service they are providing for that property. The City Manager stated until the City goes through that type of audit, it is not really possible to pin down any rebate that Waste Management may perhaps owe the City because they have been billing the City far mare expensive service than we have been receiving or vice versa. The City Manager stated he expects to speak with Mr. Hawkins tomorrow and get the appointment set up so that the City can pursue the additional things that we need to look at in Waste Management's records. Mr. Fetzer stated he has asked for this to be on the Agenda tonight and this has been an issue for approximately a year or so. He stated he has met with Mr. MacNamee, Joe Safford, and the City Manager in trying to figure out how we can get this resolved and bring closure to it. Mr. Fetzer stated he is out of patience with this issue and would like to see this fixed now. He stated Mr. MacNamee has done a tremendous amount of research an this and it is critical with the City's budget issues that the Commission has to face this head on and fix this. Mr. Fetzer stated he expressed concern at the last meeting that he was concerned about the hint that there is lack of controls over this process and perhaps other processes in the City. He stated the Commission has got to know that there are internal controls in place that we can avoid this sort of thing happening in the fuhrre as well as fixing what has happened already. Mr. Fetzer asked what we can do to close these issues and get the money that is owed to the City and fix whatever has to be done to make sure this does not happen in the future.' He asked is it the City's processes ar do we need to consider changes in staff with what has happened here. 16 01119110 The City Manager stated it is apparent to him that there were some basic things that should have been in Utility Billing that were not done. For example, the City Manager stated every single family residence that is getting a water bill should be getting a garbage bill at the same time. The accounts that the City has and the accounts that Waste Management have need to be reconciled annually so that we do not end up with a large disparity between the way units are being counted by the City and the way they are being counted by Waste Management. He stated these are basic things that need to be addressed. Mr. Eliopoulos stated at the last meeting he threw responsibility on the Commission, the City Manager, and Joe Safford. He stated this Commission with the exception of Commissioner Gray, was introduced to this issue by Mr. MacNamee about a year ago. Mr. Eliopoulos stated this Commission has failed and they failed in 2001 when they took the BFI contract and went with it. He stated it is the City's duty to get the counts right. Mr. Eliopoulos stated as of today, there is still more information that seems as though it is inconsistent with regards to the information that our staff is finding and/or comparing to what Mr. MacNamee has found. Mrs. Gray asked what department is actually responsible for the counts. The City Manager stated it would be the Utility Billing division in the Finance Department. Mrs. Gray stated the field count will help and asked who would perform an audit. Joseph Safford, Finance Director, stated he does not believe the City's auditors look at the actual database but they look more at the internal controls, how units are updated, and how the City collects money, etc. Mr. Fratakel stated he concurs with comments expressed by the Commission, however, he does not agree with lVlr. Eliopoulos that we do not have the answers. Mr. Frankel stated he disagrees and feels Kenneth MacNamee has plenty of answers and has specific figures. Mr. Frankel stated Mr. MacNamee has taken a very complex billing situation and is coming up with detailed reports and specific addresses. Mr. Frankel stated Mr. MacNamee has been a tremendous help to him and the City. Mr. Safford stated this is not a complex issue and explained that the City receives franchise fees from many entities (Waste Management, Florida Power & Light, Southern Bell, all cable providers, and other telephone providers}. He stated you get a check each month and the City does not receive a billing register with it. Nir. Safford stated the City does not know if FPL's billing register is correct and the only way to audit something like that is to receive a billing register and go through approximately 30,000 accounts, perform field audits, and make numerous telephone calls etc. to confirm those numbers. He stated there is also a lot of money that comes through the telephone companies through the State down to the City. Mr. Safford stated the City receives a check that shows the franchise fee far the month but the City does not receive the detail behind that. He stated every month the City receives a check and a backup letter which shows a computation of the franchise fees, Mr. Safford stated October 1, 2008 the roll- off containers for C&D were no longer an exclusive franchise of Waste Management and 17 01/19110 that was being handled by the Code Enforcement division. Mr. Safford stated a clerk at Waste Management was told to take roll-off containers off their list and that person did. He stated that error accounted for 30,000 of the 52,000. Mr. Safford stated the City brought it to the attention of Waste Management that the franchise fees were not reflecting the rate increases that the City had (Mr. MacNamee brought that forward) and that something was wrong. Mr. Safford stated Waste Management issued a check to the City for $20,433.00 and staff did not find that they left off the permanent containers yet because the City had not received a billing register. 11?lr. Safford stated the City used to receive ail of the franchise fees from Waste Management in one check and now everything was being separated but at the same time Code Enforcement was establishing a policy so Waste Management was withholding their C&D checks for the first quarter until the policy was finished and it was signed off. Mr. Safford stated once the policy was signed off, Waste Management sent the City $19,000.00. He stated Mr. MacNamee°s claims that there was an error far the months of October, November, and December were wrong. Mr. Safford stated they were not wrong and explained that Waste Management was withholding the check until the policy was signed off on. He stated once that policy was signed off on Waste Management sent the check to the City for $19,000,00. Mr. Safford stated now staff has accounted for $39,000.00 that Waste Management on their own sent into the City. Mr. Safford stated they are being counted as multiple errors but it was really one error that represented all of those roll-off fees. He stated the first billing register that Waste Management sent the Commission was all detailed with the following information: name, address, customer numbers, size of container, frequency of pick up, special charges, etc. but Waste Management cannot go back and produce that full report (this was noted at a City Commission meeting) because this is a live file that gets changed daily. Mr. Safford stated the City received that one report dated February 2009 and noted staff had to put this into Excel format, build a 45 page spreadsheet, and build this customer file. He stated it was sufficient information to tell staff what happened the month prior to the rate increase and the month follo~ring the rate increase to determine why the City was receiving its franchise fees. Mr. Safford stated staff received five months of billing registers from Waste Management in Excel formats but the customers change each month. Therefore, staff had to insert them into one spreadsheet that the Finance Department was building and now they had five months of spreadsheets by customer. He stated when Waste Management found out that they left off the permanent containers and sent the City a check and all the detail to that check, this information was inserted into the spreadsheet. Mr. Safford stated once that was inserted, staff found that Waste Management left off the C&D containers for the month prior to the rate increase. Mr. Safford stated in 2007 staff checked every invoice far a three year period and recalculated all of Waste Management's calculations for five months. Due to the way that Waste Management formats their letter, they left off the administrative fee. 11?lr. Safford stated this is approximately $350.00 a month. Mr. Safford stated he has a transfer file that the Finance Department has collected and produced on this one project. He stated in the first quarter the Finance Department did not catch the difference between budget and actual. Mr. Safford stated that is one line item on about 1,000 pages of financial reports. He stated this should have been caught but what interrupted that whole process was the Commission removed C&D 18 01119/10 from that one number. Mr. Safford stated staff knew that it was going to be lower but did not recognize that it was that much lower. He stated staff would have caught it in the next few months though because of the 100% increase in the rates. Mr. Frankel stated Mr. MacNamee believes that in fiscal year 2009 the City was underpaid by $176,869.92. Mr. Frankel stated he does not doubt that the staff has put time into it; however, suggested that the Commission have an outside audit review this. The City Manager stated he concurs that if Mr. MacNamee does not have confidence in City staff looking at this and if the Commission can identify a firm with expertise in this area, he feels it would be beneficial to everyone in trying to get to the bottom of this issue as quickly as possible. Prior to the vote, Mayor McDuffie stated a problem has been brought to the attention of the Commission and the City needs to resolve it quickly. He stated this has dragged out far longer than all of us ever expected it would drag out and we still seem to be no fiz~-ther into it from a solution standpoint than they were when this started. Mayor McDuffie stated he supports an outside audit. Mr. Eliopoulos stated he understands that the Commission wanted to pull the C&D out of the contract but Mr. MacNamee did not come before the Commission an that. Mr. Eliopoulos stated Mr. MacNamee was all of sudden getting charged for a rear door pickup which he was not getting. Mr. Eliopoulos expressed concern that a system be put into place that we are constantly checking every year ar sa. He stated he would like to see this done right. Mayor McDuffie stated he met with 1Vtr. MacNamee at his home at which time he saw the $176,869.92. Mayan McDuffie stated this is a recent revelation and is a very substantial about of money. He stated that has to do with the discrepancy in counts and stated it will remain incumbent upon the City contractually to tell the vendor what the counts are. He stated the City has to come up with a methodology whereby we find accurate counts to provide to this vendor. Mayor McDuffie stated the City can spend money to go to an outside auditor and if that is the desire of the Commission and is the only way we are going to get to the bottom of this, then he is all for it. 11rIr. Safford clarified that this is not something that came from l~lr. MacNamee. Mr. Safford stated when the Finance Department was preparing for the new rates that were to ga into place October 2009, in light of the fact that staff ran into some of these problems with commercial units, they decided to do a data dump of their files to determine what the unit counts were in our residential units and separate it into this A, 8, C & D. He stated this was a special run done by the IT Department. Mr. Safford stated staff did this internally an our own separate from the study that they were doing on commercial. He stated the fact that staff came up with four separate sets of units and that data was sent to Waste Management for them to either agree with or do a field test and verify another number. Mr. Safford stated waste Management field tested categories B, 19 01/19/10 C & D. He stated Waste Management started their field test of A and it was so convoluted and complex that they decided to carry the City's number. Mr. Safford stated staff finally has a database that the City and Waste Management agrees an and can support the number of units an but he still feels it needs to be field tested by the City to confirm that the numbers are correct. Mr. Safford stated Mr. MacNamee took the difference in those units and calculated a monthly amount and multiplied it by 12 and said the City is lasing that amount of money. Mr. Safford stated it is not that Waste Management made an error and the City does not know that yet and is doing field tests. He stated Waste Management has done everything according to the franchise agreement. Mr. Safford stated he does not want the Commission to think the City is short by $176,$69.92. He stated staff came up with $52,000A0 and out of that $30,000.00 was turned over by Waste Management. The City Manager stated that is the franchise fee issue and is totally different from the charge for rollout service versus multi-family and the issue that IVir. MacNamee has raised is that if the City was being billed for a service that is more costly than what was actually being provided, does Waste Management owe the City a rebate. The City Manager stated that is the issue that staff has to get to the bottom of at this point and is the basis of this $176,869.92. Mr. Eliopoulos concurred that an outside audit be performed. Mr. Fetzer stated the Commission does nat have confidence an how this has been handled to date and it is incumbent upon the City Manager and the Finance Director and the Commission expects this to be fixed promptly. 1Vlr. Fetzer moved to approve a na confidence vote far the City Manager and the Finance Director, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Nirs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Nir. Frac~kel -Yes. Said motion passed with a 5 to 0 vote. 11.A. City Manager's response to prior public comments and inquiries. 1LA. City Manager's response to prior t~ublic comments and inquiries. The City Manager stated at the last meeting Ms. Moody brought to the Carnrnission's attention the sidewalk on the corner of Dixie Highway at 10~' is overgrown and that situation was cleaned up last Thursday. 11.B. From the Public. 11.8,1. Carolyn Zimmerman, 212 S.W. 2"d Avenue, .Delray Beach, FL 33444, stated after 16 years of having the Haitian-American Community Council she was very concerned about what was going to happen to the Haitians. Miss Zimmerman stated they had meetings with former Commissioner Mackenson Bernard who is now a State Legislator and he called a meeting with the Governor and got the Legislature ready to 20 01119110 help Haiti. She stated she was concerned about what we were going to do here in Delray Beach and asked Commissioner Fetzer who came up with a solution that people could make donations at Pompey Park and City Hall. Miss Zimmerman urged everyone to help Haiti further and she thanked Commissioner Fetzer for his support. 11.B.2. Kenneth MacNamee 1049 Del Haven Drive Delra Beach FL 33483 stated this is not a $52,000.00 franchise fee issue and is not $500,000.00 worth of overbilling for whatever reason. Mr. MacNamee stated the City went through a budgetary process and back in July, City staff knew about these numbers and differences and did not inform the Commission. Mr. MacNamee reiterated that when he met with City staff and Mr. Fetzer on January 7, 2010 if he did not bring up this issue about back billing then nothing would have happened. Mr. MacNamee stated whether the Commission decides to go ahead with an outside audit to possibly find more differences does not really matter because Mr. Safford states in his response "Waste Management agreed with the numbers." Mr. MacNamee stated the back billing should have taken place now because Waste Management was overpaid. Mr. MacNamee stated it does not matter if the City made a mistake or not but that Waste Management was paid for work they did not do. 11.B.3. Chuck Halber 4870 South Classical Boulevard Delra Beach FL 33445, thanked the Commission for the email replies about the issues at The Office restaurant with the menu being down and stated people are still wondering what happened to the public bench and why are there tables outside where waiters and waitresses have to cross the sidewalk to serve them. Mr. Frankel stated he met with Officer VanNess and she informed him that the bench has not been there for a long time and she is responsible for the removal of it not The Office restaurant. Mr. Frankel stated Officer VanNess suggested that a bike rack would be appropriate there. He stated he was at The Office on Thursday and they were making sure that the sidewalk remained clear and making sure that no alcohol was being consumed with people just standing up and you had to have a seat. Mr. Frankel expressed concern about the actual seating on 2"d Avenue and stated if you have a stroller and you want to go to Rita's to get ice cream it is going to be too difficult to maneuver. He stated about 3-4 years ago he was sitting in front of Sol Kitchen when a drunk driver plowed through and hit three or four tables. Mr. Frankel suggested that the Commission sit down with both sides present to discuss this further. Mayor McDuffie stated there are some timeframes right now and they have until the 24th to do some of the other things. He stated Code Enforcement and the Building Department is working on this. Mayor McDuffie stated the City lrnows the signs are down and the clear comdor down Pineapple Grove was discussed and agreed upon. At this point, the time being 8:24 p.m., the Commission moved to Item 12, First Readings. 21 01/19/10 12. FIRST READINGS: 12,A. ORDINANCE NO, Q6-10: Consider an ordinance amending Section 53.064, "Prevention of Accidental Discharges", by removing redundant size limits on above ground storage tanks from this section. If passed, a public hearing will be held on February 2, 2010. The caption of Ordinance No. 06-10 is as follows: office.} AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA.Y BEACH, FLORIDA, A~!IENDING CF[APTER 53, "SANITARY SEVijERS", OF Tf~ CODE OF ORDINANCES BY AMENDING SECTION 53.064, "PREVENTION OF ACCIDEI~I'I'AL DISCI~[~~RGES", ARID REI~1ITMBERING THE REMAINING PARAGRAPHS TO MA~~E THIS SECTION CONSISTENT WT'CH OTHER ORDINANCE SECTIONS REGARDING ABOVE-GROL;ND STORAGE TANKS A,ND TO UPDATE REFERENCES TO OTHER REGULATORY SECTIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 06-IO is on file in the City Clerk's The City Attorney read the caption of the ordinance. Brian Shutt, City Attorney, stated staff amended Chapter 96 dealing with above ground tanks and secondary containment in the Fire Department section. Mr. Shutt stated this ordinance brings compliance with the LDRs and updates some out-of- date regulatory sections that were referred to in the ordinance as well. Richard Hasko, Director of Environmental Services, stated this is essentially a housekeeping issue. Mr. Hasko stated last year they had similar requirements in the fire ordinances that were revised to bring the ordinance up-to-date with current technology in terms of the sizes of above ground talks. Mr. Frankel moved to approve Ordinance No. 06-10 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray --- Yes. Said motion passed with a 5 to 0 vote. 22 olnsila 13. COMMENTS AND IN LTIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated The Office restaurant was issued a violation notice on the 12th for removal of three Japanese fern trees from the right-of--way and they replaced them with three foxtail palms. He stated they are required to remove the palms and put back the Japanese ferns on or before January 24th. In addition, the City Manager stated they were issued a second violation notice for construction of the unpermitted structure in front of the building on East Atlantic Avenue that the menus were on. The owner agreed to meet the deadline for replacement of trees and he stated that they maybe submitting a modification to their site plan to include the free standing structure within the front setback line. The City Manager stated staff has advised the owner that we will not support the waiver which would require approval by the City Commission to leave that structure there. He stated if the site plan modification is not received by the 24th we will proceed to process the violation through the Code Enforcement Board requiring removal of that structure. The City Manager stated the bench was removed when the previous restaurant was there and one of the complaints the City received was that restaurant did not like it because patrons at Starbucks would get coffee and come sit on that bench and smoke. He stated there were a variety of issues surrounding that bench but it was not removed to accommodate The Office restaurant. Mr. Eliopoulos concurred with Commissioner Frankel and feels this is an accident waiting to happen. The City Manager stated there was some staff discussion about this last Thursday at DSMG and the consensus was that it would be much better if the tables were up against the building. He stated it is still in a trial period where they are allowed and staff checked it Friday, Saturday and Sunday and they are keeping the five feet clear; however, there is still the issue of waiters crossing back and forth. Mr. Eliopoulos expressed concern that the cars coming east off Atlantic Avenue sets this up for a bad accident. Mr. Frankel stated he has seen it firsthand and it is not safe. Mrs. Gray asked if the City receives a fee for the seating outdoors. The City Manager stated sidewalk cafes have to pay the City a fee for outdoor seating. The City Manager stated for the tables that are on the public sidewalk there are some areas where it is on private property and it all looks like one sidewalk but there is a property line. He stated there are some instances like in front of Cabana El Rey where most of those are on private property that are on the public sidewalk and they are not required to pay a fee. However, if the tables are on the public sidewalk they have to pay a fee. Mr. Frankel stated the City would like to keep a family atmosphere and encourage the restaurants and the businesses but also keep it within limitations so that families and children do not have to make their way through it. The City Manager stated this is a new issue that is not directly addressed in the LDRs and we need to amend them to deal with it directly. The City Manager stated the consensus of staff was that the City 23 01/19/10 did not want to have the outdoor bars which you see in some cities. 13.8. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.0.1. Mr. Fetzer Mr. Fetzer thanked the City's response to the situation in Haiti and stated he saw the Fire-Recce people that went to Haiti and Lieutenant Tabeek's son was one of the first responders down there, Mr. Fetzer stated this is great and is very proud of our city for what we have done. 13.0.2, Mr. Eliopoulos N[r. Eliopoulos concurred with comments expressed by Mr. Fetzer and thanked Frank McKinney for taking the initiative for making things happen with regard to the relief efforts in Haiti. Secondly, Mr. Eliopoulos thanked the Police Department and Alberta McCarthy who wanted to have a soccer clinic for the Haitian community and the event was held on Saturday and many donations were brought to that event, In addition, Mr. Eliopoulos recognized the Delray Beach Athletic Club (soccer organization} and stated it was a great turnout. Lastly, he stated there were some good events in Delray Beach yesterday for Martin Luther King, Jr. (MLK} Day. 13.0.3. Mrs. Gray Mrs. Gray thanked City staff and Mrs. Butler's staff for their continuous help with the Haitian Relief Fund. Secondly, Mrs. Gray stated she attended all the Martin Luther King, Jr. {MLK} Day events this weekend and noted she was educated, entertained, and fed very well. Lastly, 11rlrs. Gray stated on Saturday she attended the Haitian Training Soccer Camp as well. She stated she got a chance to be trained and commended everyone who helped put this program together. z4 olfl~flo 13.C.4. Mr. Frankel Mr. Frankel recognized Joe Gillie, Old School Square, and EPOCH who put together a great program yesterday in celebration of Dr. Martin Luther King, Jr. Mr. Frankel stated the poetry readings were a great touch and it was great to see the four children who came up and read their poems. He recognized Alberta McCarthy for her PowerPoint presentation and stated she gave a great speech. 13.C.5. Manor McDuffie Mayor McDuffie stated this afternoon there began an email circulating around from the City of Boca Raton about cities donating $10,000.00 each to the Haitian Relief efforts. He stated he spoke to Joe Bernadel and was at Toussaint L'Ouverture twice; the first time to sit down and discuss what the plans were at that time and the second time for a candlelight vigil. Mayor McDuffie stated he was trying to stay in touch with the City Manager to see what the City was doing so that we could convey that through them so that they could get it out to the people wherever they possibly could. Mayor McDuffie stated Friday afternoon they actually had a phone linked to Haiti but it went down when he was there. Mayor McDuffie stated Joe, staff, and others who were present at the meetings are overwhelmed over the outpouring from the City of Delray Beach at the places that were opened up (i.e. Haitian Soccer, civic centers, and fire departments, etc.) and they would like to recognize the four fighters who went to Haiti by displaying a large photograph of them at Toussaint L'Ouverture for as long as the school remains open. Mayor McDuffie stated Colonel Bernadel wanted him to convey to all the people of the City of Delray Beach how much the Haitian community appreciates what has been done thus far. Secondly, Mayor McDuffie stated the Dr. Martin Luther King, Jr. (MLK) Day Breakfast was great; however, he missed the parade. Mayor McDuffie stated even though everyone in the Federal Government has told everyone in Haiti to stay put he does not think that is a possibility. He feels the City is going to see an influx of people from Haiti and does not know if there are any preparations the City of Delray Beach can make in advance for that. Mayor McDuffie stated Haiti is now fighting for their lives with each other and noted riots have broken out and feels the City needs to take this into consideration. Lastly, Mayor McDuffie stated he wants to make sure that everything is very clear on the direction that the Commission needs to take and the speed in which they need to take it to resolve the Waste Management issues. Mayor McDuffie reiterated that the Commission needs to get this done as quickly as possible. The Commission asked if this would be done through an RFP process and whether the City Manager feels it would take 90-120 days to turn that around. The City Manager stated he does not want this to take that much time and he will find someone that has the expertise to perform the utility audit and get it done. 25 01/19/10 The City Attorney confirmed that it was the consensus of the Commission to direct staff to bring something back to them once staff finds someone who is able to perform a utility audit and that it be done expeditiously. Mi. Eliopoulos stated he wants to make sure this is done right. He stated he cannot believe we are the first city that is running into this issue and there has got to be other places that have actually done this. Mr, Frankel stated he will get some more information and have it ready for the next Commission meeting. There being no fizrther business, Mayor McDuffie declared the meeting adjourned at 8:39 p.m. ~ ._../ City Clerk ATTEST: MAYQR 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 Corrunission Meeting held on January 19, 2010, which Minutes were formally approved and adopted by the City Commission on February 2.2010. City Clerk 26 O1J19/10