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05-25-10 Regular Meeting MinutesMAY 25, 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 6:00 p.m., Tuesday, May 2S, 2010. 1. Roll call showed: Present _ Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel 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 Dr. William "Bill" Quick with Delray Beach Clergy Association. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Frankel moved to approve the Agenda, 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 S to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Regular Meeting of May 11, 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; Mr. Fetzer -Yes. Said motion passed with a S to 0 vote. Mrs. Gray moved to approve the Minutes of the Workshop Meeting of May 18, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray --- Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes. Said motion passed with a 5 to p vote. OS/25/10 6. PROCLAMATIONS: 6.A. Reco nizin and commendin Gables Residential Mayor McDuffie read and presented a proclamation hereby acknowledging Gables Residential and call upon the entire community to acknowledge and applaud Gables Residential for their commitment to give back to local communities. Jaci 7asnosh, Assistant Charity Board Chairperson, came forward to accept the proclamation. 6.B. National Missing Children's Day _ May 25, 2010 Mayor McDuffie noted a proclamation hereby proclaizx~ing May 25, 2010 as National Missing Children's Day in Delray Beach will be mailed and gave the proclamation to the City Clerk. 6.C. Building Safety Month -May 2010 Mayor McDuff e read and presented a proclamation hereby proclaiming the month of May as Building Safety Month. On behalf of Chief Building Official George Diaz, Lula Butler, Director of Community Improvement, came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 27-10: Approve Resolution No. 27-10 recognizing and commending William C. Smith for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 27-10 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING WILLIAM C. SMITH FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. {The official copy of Resolution No. 27-10 is on file in the City Clerk's Mayor McDuffie read Resolution No. 27-10. Police Chief Anthony Strianese recognized and presented William C. Smith with Resolution No. 27-10. 2 os~2s~10 Mr. Fetzer moved to approve Resolution No. 27-10, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 7.B. Special recognition to Bob Currie for his assistance with the Beach Master Ptah Alberta Gaum-Rickard Pro'ect Coordinator/Parks & Recreation recognized Bab Currie who volunteered many hours to the development of the Beach Master Plan. Mayor McDuffie read and presented a Certificate of Appreciation to Bob Currie and Currie Sowards Aguila Architects in recognition of their generous contributions and volunteer service donated to the Beach Area Master Plan. Bob Carrie, Architect with Currie Sowards A~uita Arch_ itects, came forward to accept the proclamation and thanked the City Commis ' sion for this recognition. 8. CONSENT AGENDA: City Manager Recommends Approval. B.A. RESOLUTION NO. 20-10 (TAX ,EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/1026 NASSAU STREET : Approve a tax exemption request for eligible improvenr~ents to the property located at 102 Nassau Street within the Nassau Park Historic District; and approve Resolution No. 20-10. The caption of Resolution No. 20-10 is as follows: off ce.} A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO JENNIFER G LEE FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 1026 NASSAU STREET, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION ~.5.1(M)(5); PROVIDING AN EFFECTNE DATE. (The official copy of Resolution No. 20-10 is on file in the City Clerk's 8.B. RESOLUTION NO. 21-10 TAX EXEMPTION RE VEST FOR ELIGIBLE IMPROVEMENTS1708 S.E. 3" STREET): Approve a tax exemption request for eligible improvements to the property located at 708 S.E. 3`d Street within the Marina Historic District; and approve Resolution No. 21-10. 3 05/25/10 The caption of Resolution No. 21-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO MALONE SCHOOLER FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 708 SE 3~0 STREET, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR} SECTION 4.5.1(M){5}; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 21-14 is on file in the City Clerk's office.) S.C. ACCEPTANCE OF A RIGHT-OF-WAY DEEDITZIKAS MEDICAL CENTER: Approve and accept aright-of--way deed for Tzikas Medical Center located at 526 S.E. 5th Avenue. S.D. HOLD HARMLESS AGREEMENT/ROB FICKER: Approve a Hold Harmless Agreement with Rob Ficker for the installation of a butterfly garden in the retention pond located at the southwest corner of S.W. 4~' Avenue and S.W. 1St Street. 8.E. CONTRACT ADDITION C.O. NO. 9 (WEST CONSTRUCTION INC.IROBERT P. MILLER PARK: Approve Contract Addition {C.O. No. 9) in the amount of $20,591.65 to West Construction, Inc., for additional work to include: the installation of additional fencing, fire rated door and frame, ADA compliant electronic switch, additional signage, and a Miracle League dedication plaque for the Robert P. Miller Park. Funding is available in the Contractor's Video, Utility and Unforeseen Conditions Allowance. S.F. SERVICE AUTHORIZATION NO. 07-02/WANTMAN GROUP INC.IS.W. 2n STREET BEAUTIFICATION: Approve Service Authorization No. 07-02 in the amount of $149,960.00 with Wantman Group, Inc, for the design of the S.W. 2"d Street Beautification Project. Funding is available from 334-3162-541-65.95 (General Construction Fund: Capital Outlay/S.W. 2nd Street Beautification) and 448-5461-538- 65.95 (Storm Water Utility Fund: Other Improvements/S.W. 2nd Street Beautifcation}. $.G. DISASTER RECOVERY INITIATIVE AGREEMENT: PALM BEACH COUNTY: Approve an amended agreement between the City and Palm Beach County far the Disaster Recovery Initiative (DRI} Program, extending the deadline to September 16, 2010 for completion of twenty-four (24) housing rehabilitation projects for income-eligible residents who suffered damages from Hurricane Wilma. 4 05/25/10 8.H. HOLD HARMLESS AGREEMENT/DELRAY BEACH FIREFIGHTERS AND PARAMEDICS BENEVOLENT FUND: Approve and authorize a Hold Harmless Agreement with the Delray Beach Professional Firefighters and Paramedics Benevolent Fund, Inc. to allow storage of a 1938 antique fire truck owned by the Fund at Fire Station No. 4. 8.I. BULLETPROOF VEST GRANT/DEPARTMENT OF JUSTICE: Authorize staff to submit an application to the Department of .lustice for funding in the amount of $9,290.00 for 12 vests from the Bulletproof Vest Program. If awarded, the program would provide 50% or $4,645.00 of the cast with the remaining balance to come from 001-2115-521-52.27 (General Fund: Operating Supplies/Equipment ~ $1,000). B.J. AMENDMENT TO LEASE AGREEMENT WITH PALM BEACH COUNTY FOR CATHERINE STRONG PARK HEAD START FACILITY: Authorize staff to negotiate an amendment to the Lease Agreement between the City and Palm Beach County to extend the lease by four (4) years and provide for four (4) one (1) year extensions for the Head Start Facility located an a portion of Catherine Strong Park. 8.K. PAUL _ CONSULTING, INC./MUNICIPAL CODE CORPORTATION AND NOVUSOLUTIONS CONSENT TO ASSIGNMENT: Approve the Consent to Assignment between Paul Consulting, Inc., Municipal Code Corporation and NovuSolutions regarding the technical support for MuniAgenda. S.L. GRANT APPLICATION/FEDERAL EMERGENCY MANAGEMENT AGENCY FEMA (ASSISTANCE TO FIREFIGHTERS GRANT A( FG}: Provide authorization for submission of a grant application to the Federal Emergency Management Agency (FEMA) in the amount of $131,108.00 to purchase Kubota Special Events Response Vehicles (SERV), EKG/defibrillators, stretchers, and Zoll Autopulses. S.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 10, 2010 through May 21, 201 D. 8.N. AWARD OF BIDS AND CONTRACTS: 1. Contxact renewals for multiple storm debris removal vendors for a term of two (2) years for storm debris removal vendors Bamaco, Inc., CERES, D & J Enterprises, Inc. and Storm Reconstruction Services, Inc. 2. Purchase award in the amount of $19,835.99 to Kruger InternationallPatterson Pape for two {2) Spacesaver records storage systems for the Police Department. Funding is available from 001-2111-521-64.12 (General Fund: Machinery/Equipment/Off ce Equipment). 05/25/10 Mr. Frankel moved to approve the Consent Agenda as amended, 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. 9. REGULAR AGENDA: 9.A. WAIVER RE UEST11160 NASSAU STREET: Consider a waiver requestta Land Development Regulations (LDR) Section 4.5.1(E}(3)(a)l.c., "Fences and Walls", to allow for a fence measuring approximately 5'7" in height proposed within the side street setback located within a historic district for 1160 Nassau Street. (Quasi- Judicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item and all subsequent Quasi-Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on Item 9.A. and Item 9.B. Mayor McDuff e asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-105 into the record. Mr. Darling stated the site is located on Nassau Street just east of A-1-A and south of Atlantic Avenue. The request is a waiver to LDR Section 4.5.1(E)(3)(a)(1)(c}, Fences and Walls, and that requirement prohibits walls over four feet in the front or side street setbacks. Mr. Dorling stated this project is seeking relief to that. He stated the fence measures 5' 7" in height. At its meeting of May 19, 2010, the Historic Preservation Board (HPB) considered a Certificate of Appropriateness (COA) and the waiver request and recommended approval of this request. Mayor McDuffie stated if anyone from the public would Iike to speak in favor or in opposition of the waiver request, to please come forward at this time. There was no rebuttal or cross-examination. The City Attorney briefly reviewed the Board Order with the Commission who made findings of according to their consensus (attached hereto is a copy and made an official part of the minutes}. Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. 6 os~2s~l a Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.B. WAIVER REQUESTS/CHASE BANK; Consider five (S} waive requests to Land Development Regulations (LDR) Section 4.4.13(F)(4)(b} and (c), "Front Setbacks", Section 4.6.14(A)(2), "Sight and Visibility", and Section 4.6.18(B)(14)(iv}(2), "Buildings within the Downtown Area", for Chase Bank located at the northwest earner of N.E. 6th Avenue and N.E. 7th Street. (Quasi-Judicial Hearing) Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-106 into the record. Mr. Dorling stated this is a waiver request for five specific waivers associated with Chase Bank which will be located at the northwest corner of N.E. 6ch Avenue and N.E. 7tl' Street. He stated the first two waivers relate to LDR design requirements and a portion of the building along N.E. 6th Avenue needs to be at a maximum of a ten foot setback and then the balance of the building needs to be greater than 15 feet (Waiver #1). Mr. Dorling stated waiver #2 also requires a maximum setback of ten feet along 7th Avenue. He stated there is a requirement that a portion of the building be setback no greater than ten feet and noted there is a water main and a utility line that requires the building to be set back a greater distance (18 feet). Mr. Dorling stated the LDRs also require that the building be pushed to the corner (a maximum often feet for a portion of that building). Mr. Dorling stated there is also a waiver to the site visibility triangle. He stated there is 40 foot requirement per LDRs and the applicant has requested 32 feet. Mr. Dorling stated the last waiver relates to a requirement that the facades along each of these streets have a minimum amount of window space. At its meeting of May 12, 2010, the Site Plan Review and Appearance Board (SARAH) recommended approval of all waivers. Staff recommends approval of all five waivers. Mark Rickards Kohler En ineerin LLC s eakin on behalf of the owner as well as the a licant Chase Bank stated the Site Plan Review and Appearance Board (SPRAB} has approved a site plan. and landscape plan along with recommending approval on the waivers. Mx. Rickards stated Planning and Zoning Board has already recommended approval of the waivers and he briefly reviewed the five waivers. Mayor McDuffie stated if anyone from the public would like to speak in favor or in apposition of the waiver request, to please come forward at this time. There being no one who wished to address the Commission regarding the waiver requests, the public hearing was closed. 7 05/25/10 There was no rebuttal or cross-examination. The City Attorney briefly reviewed the Board Order with the Commission who made findings of according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuff e -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.C. SETTLEMENT AGREEMENT: D & J ENTERPRISES INC. v. CITY OF DELRAY BEACH: Consider approval of a Settlement Agreement between the City and D & J Enterprises, Inc. due to an overpayment in the amount of $494,990.75 to the contractor for the removal of disaster debris. Brian Shutt, City Attorney, stated this is a settlement agreement between the City of Delray Beach and D&J Enterprises, Inc. and D&J Enterprises, Inc. was the City's debris removal contractor and during Hurricane Frances (September 2004) they removed debris. Mr. Shutt stated while the City was closing out that case the City noticed that there had been an overpayment to D&J that had been confirmed by FEMA audit as well. Mr. Shutt stated the City of Delray Beach repaid the State of Florida for the overpayment. He stated the City of Delxay Beach filed suit against D&J and they have agreed to this settlement agreement. Mr. Shutt stated once the City of Delray Beach executes the agreement, D&J Enterprises, Inc. will pay the City $100,000.00 and then they will pay the remaining amount over a period of five years. Staff recommends approval of the settlement agreement. Mr. Frankel moved to approve the Settlement Agreement between the City of Delray Beach and D&J Enterprises, Inc., seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -~ Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.D. MEDIATED SETTLEMENT AGREEMENT IN MICHAEL & AIMEE KELLEY v. CITY OF DELRAY BEACH: Consider a mediated Settlement Agreement in the amount of $29,450.00 in Kelley v. City of Delray Beach. Staff recommends acceptance of this offer subject to the receipt of the appropriate releases. Brian Shutt, City Attorney, stated this case arose involving a Delray Beach Police Officer and a Boynton Beach Police Off cer. Mr. Shutt stated the Delxay Beach Police Officer hit a Boynton Beach Police Officer while they were trying to apprehend a suspect. Mr. Shutt stated the Boynton Beach Police Officer sustained medical injuries and his medical bills total $19,348.00 to date. Mr. Shutt stated the City had mediation in this case last Friday and at this time recommends that the City settle this case in the amount of $29,450.00. The City Adjuster (third party) also concurs in this settlement contingent upon receiving the appropriate releases in this case. 8 05/25/10 Mr. Eliopaulos moved to approve the Settlement Agreement in Kelley v. the City of Delray Beach in the amount of $29,450.00, 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. 9.E. AUDIT ENGAGEMENT LETTER/CALER DONTEN. LEVINE PO_ RTER AND, VEIL, P.A.: Consider approval to engage Caler, Donten, Levine, Porter & Veil, P.A. as the City's auditors for an additional three (3} year period. Funding will be provided from various departmental budgets. The City Manager stated this is a letter from the City's auditors where they are asking to be engaged for an additional three year period. The City Manager noted a correction to his cover memo and stated they were first engaged in 2004 not 2007 so they Dave had one renewal. He stated the engagement letter currently provides for renewal at the City's option and they are offering to renew without any increase in price over the next three years. Staff feels that they have done a good job and recommend renewal. Mrs. Gray moved to approve to engage Caler, Donten, Levine, Porter & Veil, P.A. as the City's auditors far an additional three year period, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mx. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -- Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) alternate member to the Financial Review Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopaulos moved to appoint Hansford Higginbotham as an alternate member to the Financial Review Board to serve an unexpired term ending July 31, 2011, 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. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENTS TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one (1) regular member to serve an unexpired term. ending January 29, 2014, and one regular member to serve member to serve a four (4) year term ending June 30, 2014 on the Public Employees Relations Commission. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5} and Commissioner Eliopoulos (Seat #1). Mayor McDuff e stated he wished to reappoint David Haycock as a regular member to the Public Employees Relations Commission to serve an unexpired term ending January 29, 2014. Mr. Eliopoulos sa moved, seconded by Mr. Frankel. 9 OS/2S/10 Upon roll call the Camxnission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffe -Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer -- Yes. Said motion passed with a s to 0 vote. Mr. Eliopoulos moved to appoint Paula Aridas as a regular member to the Public Employees Relations Commission to serve a four year term ending June 30, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes. Said motion passed with a s to 0 vote. 9.H. APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to serve a two (2} year term ending June 30, 2012 on the Police & Firefighters Retirement System Board of Trustees. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). Mrs. Gray moved to reappoint Adam Frankel as a regular member to the Police & Firefighters Retirement System Board of Trustees, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9~I. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to serve an unexpired term ending August 31, 2011 on the Board of Adjustment. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). Mrs. Gray moved to appoint Isabelle Alarie as an alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:42 p.rn., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. Ci Mana er's res once to rior ublic comments and in uiries. inquiries. The City Manager had no response to prior public comments and 11.B. From the Public. ILB.1. Dr. Victor Kirson 2450 Alta Meadows Lane #2110 Delra Beach FL 33444 President of the Board of Directors at Tierra Verde at Delra Beach stated the residents want to see no increase of taxes this year. Dr. Kirson stated the employees 10 as~2s~l o of the City of Delray Beach would like to see a contract and a pay raise (i.e. Police & Fire and non-union employees). He suggested that the Chamber and its mexnbexs and those who are not part of the Chamber but profit from all the activities the City sponsors, that the City take over the expenses of sponsoring these activities from Police, Fire, Sanitation, set-up, break down. Dr. Kirson stated the Community Redevelopment Agency (CRA} helped the City with the Library and Old School Square. He stated they are in the CRA District and he would like io see the CRA take aver their bills completely. Dr. Kirson stated the taxpayers gave the City their tax dollars to hold in the reserves and suggested that the bulk of the money betaken out of the reserves to cover everything. ll.B.2. Pauline Mood 609 S.W. 8t~' Avenue Delra Beach FL 33444 stated two weeks ago she reported that someone ran into the cemetexy gate and it is still down. Secondly, Ms. Moody stated every year the City is going to raise taxes and she does not feel that taxes are the problem. She stated these are some employees who are employed with the City who should have never been employed as long as they have been. Ms. Moody stated thexe are some people who work hard and are trying to make Delray right but are getting nowhere. She urged the City Commission to look into revamping Delray Beach with a whale new Police Department. Lastly, Ms. Moody commented about the site that was toxic between S.W. 8`~' Avenue and S.W. 7~' Avenue and asked if the City received the report regarding the land. 11.8.3. Christina Morrison Pearce re resentin the Business Forum stated about a week ago she sent the City a copy of a resolution that the Business Forum signed concerning the one cent )lire Surtax. She stated the Business Forum is opposing it and four cities (Town of Palm Beach, Tequesta, Palm Beach Shores, North Palm Beach, the PGA Carter Association, Palm Beach Civic Association., Palms West Chamber, Wellington Chamber, and Hotel Association}. Ms. Pearce stated as like Delray Beach, West Palm Beach has not voted on it yet. Ms. Pearce stated the reason they are opposed to it is because rt is not the time for new taxes because a segment of the population is still struggling with record high unemployment, trillions lost in investment income over the past 24 months, investment income at historic lows, and businesses and retirees on fixed income are still suffering. She stated the way the fire surtax is proposed is that it would be permanent and it would not be sunset and it has no limit or cap. Therefore, Ms. Pearce stated if the economy comes back strong and sales tax goes up there is no cap on how much the fire surtax would gather. She stated it is based on the past five years of spending and Delray Beach has been very prudent in their spending. Ms. Pearce stated it appears the City of Delray Beach would lose in the proposal the way it is written. She stated they are afraid and feel that this could lead to a Sheriff s surtax, a highway surtax, etc. and the residents would pay most of the tax. Ms. Pearce stated the way the surtax was presented the tourists were supposed to pay most of this tax but they analyzed with the Department of Revenue and most of the sales taxes are paid by xesidents who Iive here. Ms. Pearce stated they seek to join with the Business Forum to join with the other cities that are opposing this sales tax. She stated they lave the firefighters; however, they 11 OS/25/10 do not feel this tax would be fair to prudent cities like Delray Beach. 11.B.4. Alice Finst 707 Place Tavant Delra Beach FL 33445 member of the chool dvisory Council. (SAC o ,,._„_ „),, ,,,f Atlantic High School, read a letter of appreciation from Dr. Kathleen Weigel into the record regarding Commissioner Gray's donation of $500.00 toward a classroom library for the Knights of Pythagoras students. 11.B.5. John Bennett, 137 Seabreeze Avenue, Delray Beach, FL 33483, invited the Commission to attend the Memorial Day festivities held an Saturday, May 29, 2010 at 9:30 a.m. at the cemetery, for the American Legion Post, and at 11:00 a.m. at Veterans Park at the VFW Post. Mr. Bennett recognized Delray's fallen soldiers: Marvin W. Milton, Loney Myers, Harry Fish, Harry Oller, George H. Reiley, Howell Jones, Ben F. McIntosh, Bradley O'Neal, Benjamin F. Jetton, Shelton Lamb, Jr., Logan McNeal, Alfred F. Priest, Charles L. Vreeland, John Jupinko, and Arthur R. Sprott, Jr. Mr. Bennett stated these men were all from Delray Beach and went off to fight in the war and never returned home and their sacrifice should not be forgotten. At this point, the time being 6a7 p.m. the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 13-10: Consider a city initiated amendment to the Land Development Regulations {CDR} Section 4.3.3, "Special Requirements for Specific Uses", by amending Subsection (CELL), "Medical Offices", to provide for clarification regarding the applicability of certain State Statutes. If passed, a public hearing will be held on June 1 s, 2010. The caption of Ordinance No. 13-10 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY AMENDING SUBSECTION {CELL), "MEDICAL OFFICES", TO PROVIDE FOR CLARIFICATION REGARDING THE APPLICABILITY OF CERTAIN STATE STATUTES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The offcial copy of Ordinance No. 13-10 is on fle in the City Clerk's The City Attorney read the caption of the ordinance. 12 as~2sn o Paul Dorling, AICP, Director of Planning and Zoning, stated on October 20, 2009, the City Commission enacted Ordinance No. SO-09 which introduced regulations for medical offices and prohibited the onsite dispensing of controlled substances at medical off ces. Mr. Dorling stated this ordinance expands that applicability to include professional and business offices. This is to eliminate the potential for uses that may dispense controlled substances and establish under a professional or business office category and then assert that the ordinance does not apply to them because they are not a medical office. Therefore, Mr. Darling stated this would make it clear that it would apply across the board. At its meeting of May 17, 2010, the Planning and Zoning Board reviewed the text amendment and recommended approval with a 6 to 0 vote. Mr. Frankel moved to approve Ordinance No. 13-10 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel ---Yes; Mrs. Gray -Yes; Mayor McDuff e -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 23-10/TRANSFER OF.. CARVER SQUARE POCKET PARK AND PINEAPPLE GROVE PARKING LOT AND CONTRACT FOR SALE AND PURCHASE: COMMUNITY REDEVELOPMENT AGENCY: Consider approval of Resolution No. 23-10 which adopts and includes the Contract for Sale and Purchase between the City and the Community Redevelopment Agency (CRA) for transfer to the City of Carver Square Pocket Park located at 241 S.W. 7th Avenue and Pineapple Grove Parking Lot located at 353 N.E. 3rd Avenue in the amount of $10.00. The caption of Resolution No. 23-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO ACQUIRE CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE FROM THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, SELLER, AND THE CITY OF DELRAY BEACH, FLORIDA. 13 05/25/10 __ (The official copy of Resolution No. 23-10 is on file in the City Clerk's office.) The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Brian Shutt, City Attorney, stated the Community Redevelopment Agency {CRA) is transferring Carver Square Pocket Park as well as a parking lot in Pineapple Grove located at 353 N.E. 3rd Avenue to the City. Mr. Shutt stated these areas are completed and once the property has been transferred to the City, he would also request that the Commission adopt the Interlocal Agreement that is asub-item to this agenda item which would provide that the City would take over the maintenance of those areas. Mayor McDuff e declared the public hearing open. Pauline Mood 609 S.W. 8t~' Avenue Delra Beach FL 33444 asked why the Community Redevelopment Agency (CRA) is selling these two parks back to the City so that the City can. maintain it. Christina Morrison Pearce 2000 South Ocean Boulevard #307 Delray Beach, FL 33483, stated these parks are in the CRA area and she is not sure why they want to transfer them park to the City so the City would have to carry the expenses forward. Ms. Pearce inquired as to why the City wants to take on mare parks when they are within the CRA district. Jeff Costello Assistant Director of the CRA stated the City is able to maintain these properties better and a lot more efficiently than the CRA. Mr. Costello stated this is a public park and these pocket parks are public parks and are public parking lots. Brief discussion followed about the transaction amount of $10.00 on the deed in order to record it. There being no one else from the public who wished to address the City Commission regarding Resolution No. 23-10, the public hearing was closed. Mr. Eliopoulos moved to approve Resolution No. 23-10, seconded by Mr, Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10.A.1. INTERLOCAL AGREEMENTICOMMUNITY REDEVELOPMENT AGENCY (CRA): Consider approval of an Interlocal Agreement with the Community Redevelopment Agency (CRA) regarding transfer of Carver Square Pocket Park and the Pineapple Grove Parking Lot to the City; contingent upon approval of Resolution 23-10 14 05/25/10 and the Contract for Sale and Purchase. Mr. Frankel moved to approve the Interlocal Agreement with the Community Redevelopment Agency (CRA}, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuff e -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer--Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:17 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. .COMMENTS AND IN UIRiES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated at the last meeting Commissioner Gray shared concerns from the neighborhood around the Caring Kitchen. He stated the City owns the land and the American Legion Post owns the building and the American Legion Past leases the building to Cross Ministries of the Caring Kitchen project, The contact person for the American Legion is Larry Strainge. The City Manager stated from time-to-time the City receives some complaints about the Caring Kitchen usually in reference to clients taking meals offsite and discarding containers on other people's property. He stated Code Enforcement inspected the property today at 1:30 p.m. and found it to be free of trash. The Caring Kitchen has more than adequate trash containers and has on-site volunteers picking up any loose discarded trash and staff will monitor the area over the next couple of weeks and report any activity that may require enforcement. The Problem Oriented Policing (POP} Unit also addresses complaints regarding this location from time-to-time. The City Manager stated an analysis of the neighborhood survey conducted by the POP Unit indicated that it was one of the concerns of the neighborhood residents and homeowners associations in the area. He stated the complaints pertained to foot and vehicular traffic because of vagrants and illegal parking, The City Manager stated the Caring Kitchen is designed for assisting the homeless and the hungry and its clientele are one of the main things that people complain about. The City Manager stated the Problem Oriented Policing Unit has met with the staff and the related concerns from the surrounding neighbors and asked for their assistance with these Units. The POP Units start of shift time coincides with the lunch hour so they conduct the pre-shift briefings in the parking lot to give a visible presence in the area, as well as provide high profile patrols during the remainder of their shift. The City Manager stated they have been enforcing the parking laws and as a result have seen a substantial drop in the amount of vehicles parking illegally. In addition, they have conducted field interview reports with some patrons whenever it was deemed appropriate. The City Manager stated Sergeant Weatherspoon has also invited the managers of the Caring Kitchen to speak at some of the Homeowners' Association (HOA) meetings in an effort to facilitate a partnership between the Caring Kitchen and the community. The Police Department has been dealing effectively with any criminal complaints of traffic enforcement at the location and the other and perceived problems are not of a criminal nature and are more appropriately addressed through community policing which is ongoing. 15 05/2S/10 Secondly, the City Manager stated Commissioner Gray's other concern was dogs on the beach. He stated in response to citizen complaints officers have increased patrol of the municipal beach via altering vehicle. The City Manager stated during the past month at least 14 city ordinance violations have been issued to persons not in compliance with the ordinance prohibiting dogs on the beach. He stated it is important to note that the municipal beach cleaxly defines the geographic boundaries and enforcement outside of the boundaries would not be legal. The boundaries are the beach area from Casuarina Road north to the 600 block of North Ocean Boulevard and the beach area proper at Atlantic Dunes Park. He stated many of the dog walkers are very aware of these boundaries and they walk their dogs outside of the area. The City Manager stated these patrols continue on a regular basis and the most recent citations (two) were issued on May 15, 2010. 13.B. City Attorney The City Attorney had no comments and inquiries onnon-agenda items. 13.C. City Commission 1.3.C.1. Mr. Fetzer Mr. Fetzer had no comments and inquiries on non-agenda items. 13.C.2. Mr. Elionoulos Mr. Eliopoulos had no comments and inquiries on non-agenda items. 13.C.3. Mrs. Gran Mrs. Gray stated today at Atlantic High School they closed out the Atlantic All-Stars Academy with an Awards Breakfast. She stated the children are doing an awesome job with the reading. Mrs. Gray thanked the volunteers from the Knights of Pythagoras and the Police Department. Mrs. Gray stated David James, Fire Chief, was a speaker and it was a wonderful event. 13.C.4. Mr. Frankel Mr. Frankel commented about an email sent by the City Manager that in March this year nearly $100,000.00 in parking revenues was obtained by the City. Secondly, Mr. Frankel stated he attended the Police Banquet Friday evening and it was very well done. Lastly, Mr. Frankel stated he also attended the Chillounge Night held at the Old School Square Park which had over 1,500 people. He stated they did a great job. 16 05/25/10 13.C.5. Mayor McDuffe Mayor McDuffie stated he attended the Police Awards Banquet and some deserving people got recognized. Secondly, he stated he managed to attend the end of the Chillounge Event and had the opportunity to speak with the Police officers who were an duty there who said it was one of the best events that they have ever had to provide security for. Mayor McDuffe stated it was wonderfully run and he looks forward to having them back this coming year. Lastly, Mayor McDuffie stated at the end of last week's Metropolitan Planning Organization (MPO) Meeting Palm Beach Commissioner Bill Moss requested the City of Delray Beach move the Delray Affair this coming year because it conflicts with SunFest. Mayor McDuffie stated he has also talked with some people from the Chamber of Commerce and they have voted in support of keeping the same date; however, he has had some people speak to him in concern about sponsoring conflicts if we are going to run these events at the same tune. The City Manager stated most of the merchants want to keep the Delray Affair the same date. Mr. Eliopoulos stated he was contacted by the Tourist Development Board and noted they could contact the Chamber of Commerce since it is a Chamber event. Mr. Fetzer stated in his opinion, this is a Chamber of Commerce Board decision and he would feel out of place overruling them. The rest of the Commission concurred with comments expressed by Mr. Fetzer. Mayor McDuffie suggested that staff get a new mission statement and scope of work for the Downtown Development Authority (DDA) now that we have done the parting of the Downtown Marketing Cooperative (DMC) and the Downtown Development Authority (DDA). The City Manager stated the DDA is trying to set up a Planning/Goa1 Setting type meeting and suggested to let them work through that first so that we can be looking at their enabling legislation in the meantime. There being no further business, Mayor McDuffie declared the meeting adjourned at 7:17 p.m. ~ ~ City Clerk ATTE MAYOR 17 05/25/10 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 May 25, 2010, which Minutes were formally approved and adopted by the City Commission on Tune 15 2010. ~. ' City Cler NOTE TO READER: If the Minutes you have received axe not completed as indicated above, this means they are not the official Minutes of the City Commission.. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 18 05/25/10 Y IN THE GITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST ASSOCIATED WITH THE INSTALLATION OF A NEW FENCE AT 1160 NASSAU STREET 1. This waiver request came before the City Cornmission on May 25, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for 1160 Nassau Street. Ali of the evidence is a part of the record in this case. Required #indings are made in accordance with Subsection 1. I. WAIVER TO ALLOW FENCE OVER FOUR {4) FEET IN THE SIDE STREET SETBACK: Per LDR Section 4.5.1{E)(3){a)i.c., fences and walls over four feet {4'} shall not be allowed in the front or side street setbacks. - Pursuant to LDR Section 2.4.7(6)(5}, prier 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) Dees not result in the grant of a special privilege In that the same waiver would be granted under similar circumstances on other property for another applicant ar owner. Does the waiver to Section 4.5.1{E){3){a)1.c. to allow a 56" fence to be located within the side street setback meet all of the requirements of 2.4.7{B)(5)? - Yes / No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was 1 City Commission Meeting of May 25, 2010; Item 9.A. 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 on the entire record before it, the Gity Commission approves / denies the waiver request to LDR Section 4.5.1(E)(3){a)1.c. B. Based on the entire record before it, the City Commission hereby adopts this Order this 25th day of May, 2010, by a vote of 5 in favor ar~d 0 opposed. ATTEST: Chevelle Nubin, City Clerk 2 City Commission Meeting of May 25, 2090; lfem 9.A. IN THE GITY GOMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF' THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS ASSOCIATED WITH THE CHASE BANK DEVELOPMENT PROPOSAL 1. This waiver request came before the City Commission an May 25, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests #ar Chase Bank. AH of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection 1. I. THREE WAIVERS TO REQUIRED BUILDING FRONTAGE SETBACKS: A. First Waiver; LDR Section 4.4.13{F}(4}{b} and {c}, requires a building frontage setback of 10' or less for 70% to 90% of the building frontage along NE 6{ Avenue in the GBD. 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} Shalf not adversely affect the neighboring area; (b} Shall not signifcantly diminish the provision of pubiic 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 for another applicant or owner. Does the waiver to Section 4.4,13{F){4){b) and (c) to allow an 18' building setback along NE 6t~' Avenue meet all the requirements of 2.4.7{B){5)? Yes / No B. Second Waiver: LDR Section 4.4.13{F}{4}{b} and {c}, requires the remaining length of the building frontage to be set back at 15' or mare from the property line along NE 6~" Avenue in the CBD. 1 City Commission Meeting of May 25, 2010; Item 9.B, Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shat! 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 for another applicant or owner. Does the waiver to Section 4.4.13{F){4){b) and {c) to allow an increase in the remaining length of the building from a minimum of 15' or more to a minimum of 23' or more meet all the requirements of 2.4.7(6)(5)? Yes / No C. Third Waiver: LDR Section 4.4.13(F}(4)(b) and (c}, requires a building frontage setback of 10' or less for 70% to 9Qa/o ofi the building frontage along NE 7t" Street. Pursuant to LDR Section 2.4.7(B}(a), 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 for another applicant or owner. Does the waiver to Section 4.4.13{I=)(4j(b) and {c) to allow a 36' building setback along NE 7th Avenue meet all the requirements of 2.4.7(6){5)? Yes / No If. WAIVER TO VISIBILITY TRIANGLE: Per LDR Section 4.6.14(A)(2), a 40' sight visibility triangle is required at the intersection of two or more public rights-ofi way, (NE 5th Avenue and NE 7~" Street). Pursuant to LDR Section 2.4.7(6}(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; 2 City Commission Meeting of May 25, 2010; Ifem 9.B. (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 for another applicant or owner. Does the waiver to Section 4.6.'14{A){2) to allow a visibility triangle at the intersection of NE 7t~' Street and NE 6~~' Avenue from 40' to 32' meet all the requirements of 2,4.7'{B){~)? Yes / No III. WAIVER TO 76% MINIMUM TRANSPARENCY: Per LDR Section 4.6.18(~)(14)(iv}(2}, the minimum transparency or glass surace area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 7~% of the wall area for the south elevation. 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} Steal[ not signifcantly 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 for another applicant or owner. Does the waiver to Section 4.6.18{8)(14){iv){2) to reduce the minimum transparency or glass surface area from a minimum of T5% to 1.5% of the wall area for the south elevation of the building meet all the requirements of 2.4.T{B){5)? Yes / No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the origins! 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 3 City Commission Meeting of May 25, 2010; Item 9.B. i in the record including but not limited to the s#aff reports, testimony o€ experts and other competent witnesses supporting these findings. 5. Based qn the entire record before it, the City Cornmissian approves !l denies the waiver requests to LDR Section 4.4.13{~}{4}{b} and (c}, 4.F3.14{A}(2}, and 4.$.18{B}(14}(iv}{2} G. Based on the entire record before it, the City Commission hereby adopts this Order this 25th day ofi May, 2010, by a vote of~5 _ in favo~0 opposed. ATTEST: Nelson S. McDuffie, Chevelle Nubin, City Clerk 4 City Commission Meeting of May 25, 207D, Item 9.8.