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06-15-10 Regular Meeting MinutesJUNE 15, 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 {:00 p.m., Tuesday, June 15, 2010. 1. Roll call showed: Present - Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuff e Absent - Commissioner Gary P. Eliopoulos Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Terrill Pyburn, Assistant City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Pastor Bernard King, Sr. with Corner Stone Bible Fellowship. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Frankel moved to approve the Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Fetzer moved to approve the Minutes of the Regular Meeting of May 25, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel -- Yes. Said motion passed with a 4 to 0 vote. Mr. Frankel moved to approve the Minutes of the Regular Meeting of June 1, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 0 vote. 06/15/10 6. PROCLAMATIONS: 6.A. Reco~nizin~ Juneteenth -June 19, 2010 Mayor McDuff e read and presented a proclamation hereby proclaiming June 19, 2010 as JUNETEENTH in Delray Beach., Florida. Barbara Haider, CEO/Founder came forward to accept the proclamation and gave a few brief comments. 6.B. Reca izin and commendin John J. Walker Mayor McDuffie read and presented a proclamation hereby recognizing and cornrnending John J. Walker and applauded his longtime outstanding and exemplary dedication, multitudinous contributions and accomplishments to the City of Delray Beach, its residents and his community. Helen Walker came forward to accept the proclamation. b.C. National Clean Beaches Week -Jul 1-7 2010 Mayor McDuffie read and presented a proclamation hereby proclaiming July 1-7, 2010 as National Clean Beaches Week. Alberta Gaum-Rickard, Project Coordinator/Parks & Recreation., came forward to accept the proclamation and gave a few brief corril~nents. 7.A. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends Approval. S.A. RE UEST FOR SIDEWALK DEFERRAL/201 VENETIAN DRIVE: Approve a request to defer the installation of a sidewalk along Venetian Drive for the property located at 201 Venetian Drive. S.B. ACCEPTANCE OF RIGHT-OF-WAY DEED/95 S.W. 5TH AVENUE: Apprave and accept aright-of--way deed at 95 S.W. 5th Avenue. 8.C. SERVICE AUTHORIZATION NO. 0'7-04.1/KIMLEY-HORN AND ASSOCIATES INC./MARTIN LUTHER KING DRIVE BEAUTIFICATION PROJECT: Approve Service Authorization No. 07-04.1 in the amount of $56,400.00 with Kimley-Horn and Associates, Inc, for professional services in designing a reclaimed water transmission and dl5trlblltlon system for the Martin Luther King Drive Beautification Project. Funding is available from 441-5181-536-65.96 {Water and Sewer Fund/Other Impravements/Reclaim Water Transmission). 2 06/15/10 8.D. SERVICE AUTHORIZATION NO. 07-161MATHEWS CONSULTING, INC./AUBURN AVENUE IMPROVEMENTS: Approve 'Service Authorization No. 07-16 in the amount of $113,244.00 with Mathews Consulting, Inc, for the design of Auburn Avenue Improvements, Funding is available from 448-5461-538- 68.65 {Storm Water Utility Fund: Other Improvement/Auburn Avenue Improvement) and 448-5461-538-99.01 (Storm Water Utility Fund: Other Non-Operating /Project Preserve). B.E. PROPERTY DAMAGE SETTLEMENT AND RELEASE FORM/CUSTARD INSURANCE ADJUSTERS: Authorize the City Manager to sign a Property Damage Settlement and Release Form from Custard Insurance Adjusters. S.F. RESOLUTION NO. 32-10: ABANDONMENT OF UTILITY EASEMENT: Approve Resolution No. 32-10 abandoning a 10' X 51.3' wide general utility easement for the property located in the front of the Grove Car Wash site at 2210 North Federal Highway. The caption of Resolution No. 32-10 is as follows: office.} A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED ON THE GROVE CAR WASH PROPERTY AT 2210 NORTH FEDERAL HIGHWAY AND AS MORE PARTICULARLY DESCRIBED 1N EXHIBIT «A,~ (The official copy of Resolution No. 32-10 is on file in the City Clerk's B.G. PROPOSED EXPANSION OF THE PINEAPPLE GROVE MAIN STREET NEIGHBORHOOD PLAN: Consider approval to add a proposed expansion area to the Pineapple Grove Main Street Neighborhood Plan. 8.H. AFTERSCHOOL PROGRAM SERVICE AGREEMENT/FAMILY CENTRAL, INC.: Approve an Afterschool Program Service Agreement between the City and Family Central, Inc., to continue reimbursable funding through the Continue to Care-Afterschool Scholarship program for the Afterschool Program located at Pompey Park and the Community Center. 8_I. SCHOOL READINESS CHILD CARE SERVICE AGREEMENTIFAMILY CENTRAL INC.: Approve a School Readiness Child Care Service Agreement between the City and Family Central, Inc., to provide subsidized child care funding for the Afterschool Program. 3 06/15/10 8.J. GRANT APPLICATION: FLORH)A DEPARTMENT OF TRANSPORTATION (FDOT)ICOMPRESSED NATURAL GAS TROLLEYS: Authorize staff to submit a grant application through the Florida Department of Transportation for the purchase of Trolley Style vehicles and the construction of a CNG (Compressed Natural Gas) fueling station in accordance with the Federal Government's State of Good Repair Bus and Bus Facilities Initiative. S.K. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve one (1) Housing Rehabilitation Grant contract award through the Community Development Division in the amount of $25,036.20 to Gadsden Property Investment, Inc., the lowest responsive bidder, for the property located at 607 S.W. 6th Street. Funding is available from 118-1960-554-49.19 (Neighborhood Services: Other Current Charges-Housing Rehabilitation). 8.L. HOME INSPECTION PROFESSIONAL SERVICES VENDOR: NEIGHBORHOOD STABILIZATION PROGRAM (NSP), Approve the vendor for Home Inspection Professional Services required to carry out activities under the Neighborhood Stabilization Pragraxn (NSP) contingent on the list being approved by the Florida Department of Community Affairs. Funding is available from 118-1935-554- 34.90 (Neighborhood Services/Other Contractual Services}. B.M. GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Authorize staff to submit an application for fiinding in the amount of $66,560.00 through the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) program which will support the Holiday Robbery Task Force, which reduces crime during the Holiday season, S.N. LETTER OF SUPPORT/JUSTICE ASSISTANCE GRANT (JAG) FUND: Authorize the Mayor to sign a letter in support of funding allocations for Countywide Justice Assistance Grant funds (JAG} for FY 2010. S.O. SPECIAL EVENT REQUESTSIART AND JAZZ ON THE AVENUE: Approve special event requests to endorse Art and Jazz on the Avenue to be held on June 24, 2010 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of N.E./S.E. 7th Avenue, Railroad Avenue from Atlantic north to the north side of the eastlwest alley, and to the alleys north and south of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, and N.E./S.E. 4th; to authorize staff support for security, traffic control, banner hanging and removal, barricade set up and removal, trash removal and clean up and EMS assistance, with payment of costs to the City per the agreement between the City and the Downtown Marketing Cooperative. S.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 1, 2010 through June 11, 2010. 4 06/15/10 .5~. AWARD OF BIDS AND CONTRACTS: 1. Bid award in the estimated annual amount of $22,300.00 to Farmer & Irwin Corporation, the lowest responsive bidder for the annual contract for plumbing services and repairs for City buildings. Funding is available from various departments' operating budgets. 2. Contract award to Budget Gate Systems in the amount of $22,406.00 for fencing the north perimeter of the Environmental Services Department Compound. Funding is available from 442- 5178-536-46.90 (Water & Sewer Renewal & Replacement Fund: Repair & Maintenance Service/Other Repair/Maintenance Cost}. 3. Purchase award to Dell Computer Corporation in the amount of $285,482.32 for eight (8) servers, VMware license and related equipment to provide redundant server systems for the SunGard Public Safety Software per State of Florida Contract #250-000-09- 1. Funding is available from 334-2111-521-64.11 (General Construction Fund: Machinery/Equipment/Computer Equipment). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -- Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A. REQUEST FOR IN-LIEU PARKING SPACESILEMONGRASS RESTAURANT: Consider a request from Lemongrass Restaurant for the purchase of three (3) in-lieu parking spaces in the amount of $46,800.00. Lemongrass Restaurant is located at 420 East Atlantic Avenue. (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 Clexk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he spoke to a couple of the employees of Lemongrass Restaurant not particularly on this subject; however, they wanted to thank the City for putting a bike rack out in front and for moving a huge sign that was blocking the restaurant. Mr. Fetzer, Mrs. Gray, and Mayor McDuffie had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated this is a request from Lemongrass Restaurant located at 420 East Atlantic Avenue. 5 06/15/10 Mx. Aronson stated the applicant has submitted a Class III site plan modif cation for the conversion of 1,020 square feet of retail space to restaurant. He stated the LDRs Section 4.3.4(G) requires that they provide parking the difference of six spaces per 1,000 square feet for restaurants compared to one per 300 square feet for the retail {2,72 spaces rounding up to 3 spaces). The restaurant is located in Area 2 of the in-lieu program costing $15,600.00 resulting in a total $46,800.00 fee. The property owner has agreed to enter into an in-lieu of parking fee payment agreement on behalf of the restaurant. In 2006, Mr. Aronson stated the applicant converted a portion of the bay (505 square feet). He stated at that time, the City supported the Cluster Study which advocated keeping retail along the street for the pedestrian flow. Mr. Aronson stated Comprehensive Plan Policy C-4.1 of the Future Land Use Element encourages rehabilitation and revitalization within the Central Business District through a number of incentives, one of which is the accommodation of parking needs through innovative actions. The in-lieu of parking fee program provides such an incentive and therefore is consistent with the Comprehensive Plan. Mr. Aronson stated at its meeting of May 25, 2010, the Parking Management Advisory Board (PMAB) recommended approval and at its meeting of May 27, 2010, the Community Redevelopment Agency (CRA) recommended approval of the applicant's request. Also, at its meeting of June 14, 2010, the Downtown Development Agency (DDA) recommended approval of the applicant's request. Staff also recommends approval. Jason Mankoff, Michael Weiner & Associates, P,A., 10 S.E. 1St p ~ „. ., ., Avenue, Delray Seach,,.FL 33444, stated he ho es eve one is in agreement that this restaurant use for Lemongrass Restaurant was one of the first restaurants there and was the catalyst to making that an integral part of Atlantic Avenue. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the in-lieu parking spaces, the public hearing was closed. There was no cross-examination or rebuttal. Mrs. Gray, asked if this is normal procedure regarding how the applicant is requesting to pay. Mr. Aronson stated where owners of the properties apply for in-lieu they are allowed to use the payment plan. He stated rt is not available to the tenants and they are a tenant of the property but it is not uncommon to have a landlord enter into that agreement on behalf of the restaurant. 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). 6 06/15/10 Mr. Frankel 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 McDuffie -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.B. MODIFICATION OF A TEMPORARY USE PERMIT/VILLAGE ARTS MART: Consider approval far a modification of the temporary use permit for an Arts Mart at 113 & 11 S N.E. 4th Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, A1CP, Director of Planning and Zoning, entered the Planning and Zoning project file #2010-071 into the record. Mr. Dorling stated this is a request to modify the temporary use permit for Village Arts Mart located at 113 & 115 N.E. 4~' Avenue. Mr. Dorling stated on February 2, 2010, the City Commission approved an 18 month temporary use permit for the Village Arts Mart to be open from noon to sunset on Saturdays and Sundays during the winter season (October to May) to operate with the Delray Green Market. The Arts Mart was established very late in the 2010 winter season. The ability to draw customers to its location proved more difficult than was expected by the organizers and they have now ceased that operation in May. Mr. Dorling stated the applicant would like to modify the temporary use permit they received on February 2, 2010 to boost this proposal. The modifications include a change in the schedule to allow them to operate during the summer and change the hours of operation from the previous noon to sunset to 8:00 a.m. to 1:00 p.m, on Saturday and Sunday in the summer months. Mr. Dorling stated they are also requesting to expand the products to include some of the things that the Delray Green Market provided (i.e. vegetables, etc.} during that summer month period with a commitment that once the Green Market came back online in October they would go back to their original category of arts only. Mr. Dorling stated they would also like to change some of their vending booths; the tents would remain the same but they would be reconfigured. He stated the majority of the tents are in the center lot with parking on the north and south and they would like to move seven of those to the corner of N.E. 15~ Street and N.E. 4~' Avenue. Ann Fulton 112Q~ Vista Del Mar Drive Delra Beach FL 33483 re resentin Villa a Arts Mart thanked the City Commission for allowing them to attempt this last February and stated they are looking for an opportunity to establish this location as a marketplace. 7 06/15/10 Ms. Fulton stated she has been told that there are people in town during the summer that would enjoy having a produce morning market/green market type of thing during this period when the City does not have the CRA's Green Market. Mayor McDuffie stated if anyone from the public would like to speak in favor or in apposition of the modification, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the modification of a temporary use permit, the public hearing was closed. Mr. Fetzer stated as long as this is supported by the Community Redevelopment Agency (CRA} he thinks it is going to be great to help compliment the summer months. Mayor McDuffie concurred with comments expressed by Commissioner Fetzer and it is nice to have produce for people coming downtown in the summer time. The City Attorney inquired about the condition in accordance with Item B. Mr. Dorling clarified that Diane Colonna's letter did not necessarily say that the CRA would support, it just said that there was an opposition if they agreed to the condition as i t relates to the Green Market. Mr. Darling stated the CRA Director expressed concern this afternoon that it is marketed in such a way that it is an Arts Mart and not a Green Market so that there is no confusion with moving forward. Furthermore, Mr. Darling stated this modification just affects the summer months and the original conditions that the Commission applied would be enforced in the wintex months which restrict the uses to arts only. Mrs. Gray moved to approve the modification of a temporary use permit for the Village Arts Mart with conditions B. & B.1., seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Fetzer -- Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. 9.C. LICENSE AGREEMENTICOMMUNITY REDEVELOPMENT AGENCY CRA : Consider approval of a License Agreement with the Community Redevelopment Agency for the rental of office space in City Hall. Robert A. Barcinski, Assistant City Manager, stated the Commission is being requested to consider a license agreement with the Community Redevelopment Agency (CRA} for leasing approximately 430 square feet of off ce space in City Hall under the old IT area. Mr. Barcinski stated the rent amount in the contract is $350.00 per month and is a one year agreement which can be renewed if both parties agree and the CRA will also be responsible for any expenses such as telephone lines, computer lines, phone sets, computers, etc. 06/15/10 Mxs. Gray expressed concern about the Creative City Collaborative (CCC) being anon-profit agency being that the City had just gone through this with the Downtown Development Authority (DDA) requesting space. She asked for clarification on what the function is of the CCC. 7eff Costello, Assistant CRA Director, stated the CCC was developed several years ago which Mr. Barcinski heads. Mx. Costello stated several months ago there was miscommunication of the various arch related groups and this brings it all together into one and be able to work with all the arch related groups in Delray Beach. Mr. Costello stated this particular space is a temporary space and they just hired the CCC Director.- He stated it is a collaboration of all the other arch related uses and that is snot-for-profit and the idea is that this would get started and then eventually it will have to survive on its own. Mr. Costello stated this is temporary and this will also accommodate space for the Economic Development Director on a part-time basis and be housed in the same off ce and the City provides funding far a portion of his salary. Mrs. Gray asked if there is any reason the CCC Director cannot be housed off-site on either S.W. 5th Avenue and N.E. ~rd Street and why they actually have to came into City Hall. Mr. Costello stated the commercial space on N.E. 3rd Street is a contractor's office and it is not really set up at this point. Mr. Costello stated once they get this person on board they are going to get with consultants to develop plans to develop that particular interior build out for that site. He stated the site on N.W. 5th Avenue Commissioner Gray is referring to is a commercial space that is just a shell. Mr. Costello stated at City Hall everyone is tied in on the carne Internet system, etc. and this City related group and the CRA thought it would be more appropriate in City Hall in the interim until they get the interior build out on N.E. 3rd Avenue. Mr. Costello stated the CR.A, does not expect it to go mare than two years depending on how they progress with the other site. Mr. Costello stated the CR.A also issued an RFP property on N.W. Sd' Avenue to lease that to a not-for- profit separate from the CCC. Mrs. Gray asked what the CRA. plans to do with the two vacant pieces of property on N.W. 5th Avenue. Mr. Costello stated the CRA has a parking situation there that the CRA is trying to rectify. He stated last week the Historic Preservation Board {HPB) approved the plans to add an additional 22 parking spaces in that immediate area. Mr. Costello stated those businesses in that area is very short on parking because there are four residential condominium units and there are only four parking spaces. He stated you do not want to have a shortage of parking then people won't want to visit the business anymore because of that. Mr. Costello stated they put up for one bay for not-for-profit in their early stages and they can also move on to another more permanent space. Mrs. Gray stated the City does share in his salary and it made more sense to her to have an Economic Development Director here at City Hall as far as doing City business more so than the CCC. Mr. Costello stated the Economic Development Director is 75% CRA and 25% City. Mr. Costello stated Mr. Perez-Azua has committed a lot of time into the CRA aspect fox the development incentives fox redevelopment in the CRA area and the arts are viewed as an economic development tool. Mrs. Gray stated in the contract it mentions that only the CCC will have that lease space and asked if this will have to be amended to add the Economic Development Director to that. The City Attorney stated the Commission can approve the license agreement subject to adding the Economic Development Director's position into the agreement. 9 46/15/10 The City Manager stated the City Commission initially created the CCC unlike most of the other non.-profits. The City Attorney stated he will delete the CRA's Creative City Collaborative from paragraph #4 (Use of Premises). Mr. Frankel moved to approve the License Agreement with the Community Redevelopment Agency (CRA) for the rental of office space in City Hall as amended, seconded by Mrs. Gray. Upon roll call the Commission moved to approve as follows: Mayor McDuff e -Yes; Mr. Fetzer--Yes; Mr. Frankel -Yes; Mrs. Gray -~ Yes. Said motion passed with a 4 to 0 vote. 9.D. SETT_.LEMENT OFFER: BOWLING GREEN, INC. OF PENSACOLA v. CITY OF DELRAY BEACH: Consider an Offer from Bowling Green, Inc. of Pensacola to settle their complaint filed with the Department of Housing and Urban Development against the City of Delray Beach. Terrill Pyburn, Assistant City Attorney, stated this is a settlement offer by the plaintiffs to settle a case that was filed with the Department of Housing and Urban Development (HUD) against the City. The case involves a complaint of alleged discrimination on the basis of handicap filed in September 2009 and it alleged that the City's Reasonable Accommodation application requirements were discriminatory because they required Plaintiffs to give the address for the location where the accommodation was requested which Plaintiffs alleged violated 42 U.S.C. §290 d.d. which provides fox confidentiality of identifying health information. Ms. Pyburn stated the City amended its Reasonable Accommodation application requirements to exclude the address for those entities covered by 42 U.S.C. §290 d.d. in January 2010 via Ordinance No. 5-10 and Plaintiffs are now claiming that they are entitled to "Frustration of Mission" Damages in the amount of $11,665.00 and attorney's fees in the amount of $39,840.00 and are therefore willing to settle the HUD case for a total of $51,505.00. On Apri12D, 2010, the City Commission authorized the City Attorney's office to hire outside counsel to handle this case. The City Attorney's office conferred with attorney Matt Mandel of Weiss, Serota, Helfman, Patoria, Cole and Boniske and recommends denial of the Plaintiffs' offer at this time. Mr. Frankel supports staff s recommendation of denial of the settlement offer. Mayor McDuffie concurs with Commissioner Frankel that the ordinances are well writtesl and feels the City is without any liability whatsoever. In addition, Mayor McDuffie stated as he understands it, the City's change in the ordinance predates the complaint. Ms. Pyburn stated the ordinance amending the reasonable accommodation procedure actually is after the complaint; however, they did not apply for a reasonable accommodation until after they f led the complaint. 10 06/15/10 Mr. Frankel stated many other municipalities have come to our City Attorney's office and have been crafting theirs as their own. Mr. Frankel moved to deny the settlement offer of Bowling Green, Inc, of Pensacola v. City of Delray Beach, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel ---- Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion to deny passed with a 4 to 0 vote. 9.E. CONTRACT AWARD/SUNGARD PUBLIC SECTOR, INC.: Consider approval of a contract award to SunGard Public Sector, Inc. for a Public Safety Software System (RFP No. 2014-OS) and approval to pre-pay the SunGard HTE maintenance payment for the period of 10/1/2010 to 913012011. Doug Smith, Assistant City Manager, stated on March 2, 2010, the Commission authorized staff to negotiate with SunGard Public Sector, Inc, and with Firehouse far their portion of our public safety contract for Police and Fire software replacement. Mr. Smith stated regarding the firehouse site visit, staff found out that they were not using the mobile EMS software the way that we planned to so staff recently conducted a phone conference call with another jurisdiction outside of Florida that is using it. He stated following that review, the Fire-Rescue Department is satisfied with the use of the software far that purpose and they also tested the software on a demo version so they are satisfied with that. Mr. Smith stated they discussed a little bit about their overall contract which was that the cost had been reduced to $1.15 million not counting some dispatch computers that the City plans to fund from a different fund and this was reduced from the contract amount that staff initially brought before the Commission of just over $1.388 million. Mr, Smith stated this offer was contingent upon, for SunGard's purposes with their fiscal year ending, the City being able to sign a contract by June 30{h; and also to prepay our maintenance on our current public safety applications that are the current HTE system. Mr. Smith stated with the assistance of the City Attorney and input from the IT department on technical issues, this is a contract that would include a city standard agreement which has been revised based on negotiations between the two parties, SunGard's license and professional services agreement and their maintenance agreement, the City's RFP with SunGard's responses to our RFP documents in the contract. Mr. Smith stated the Firehouse software is provided under the umbrella of the SunGard contract but we would continue to negotiate with them for signature of a version of our City standard agreement as well. He stated we initially had alarm software included for alarm billing, registration, and false alarm tracking. Mr. Smith stated it would allow online registration for security alarms; however, staff discovered they were really just buying what they Police Department would need and not what we would need in Community Improvement to make this whale project work the way it should. Mr. Smith stated they gave the City the option for a performance bond if we desired one at 3% cost to us of whatever amount we want to be part of that performance bond although staff does not recommend doing this. 11 06/15/10 Mr. Smith stated the license amount after the discount is approximately $181,393.00, $424,750.00 for installation and training, the pay agency products are SunGard provided hardware, smaller software programs that are needed and also the Firehouse software is included, travel and living cost for the SunGard staff team that will be doing the work here is $60,000.00 and is higher than staff's previous estimate of $50,000.04 because in order to make it a "not to exceed" cap they needed to have it at $60,000.00 although they have indicated that they always stay within their travel budget. Mr. Smith stated the City's hardware was the servers that were earlier approved on tonight's agenda and with those totals added together that puts our total at $1.38 million. He stated he has taken the dispatch computers off in the amount of $17,217.96.00 that the City planned to fund through the Information Technology Renewal & Replacement Fund ($1.12 million) and this does not include the Crywolf software for the alarm puzposes ($40,200.00} which would put the total at $1.16 million. Mr. Smith proposes to finish investigating that with staff and sine it is an operational item come back with a contract amendment on that particular iterr~. He stated this proposal includes us prepaying our HTE maintenance of $106,815.00 that would cover the period of October 1, 2010-September 30, 2011 on our current systems and the new maintenance for the SunGard Public. Safety Software of $225,391.30 would be a fixed annual payment far four years and would start on October 1, 2011. The Firehouse annual maintenance is just under $16,915.00 and the initial year is paid as part of the SunGard umbrella. Our current budgeted amount is $1,139,940.95 and we have money in a purchase order to Mr. Barry Strack that any funds that he has not expended in our contract review process will be returned to us and staff did not bring him in for any travel and would hope to have funds to put back into that account. Some of these funds would be transferred to the hardware account that we used to purchase the servers earlier tonight and the additional hardware expenses that we will need to incur. Mr. Smith stated the amount for the dispatch computers that staff would pay for in the renewal and replacement budget in the capital budget proposal for next year is how we would propose to handle those. Staff recommends approval of a contract award to SunGard Public Sector, Inc. far a Public Safety Software System in the amount of $870,000.00 and also request approval for prepaying the $106,815.00 in SunGard maintenance. . Mr. Smith stated SunGard recommends that a portion of the training he conducted at their headquarters for this division of their agency in High Point, North Carolina. In addition, the Environmental Services staff has recommended to contract with our GIS consultants for their assistance far the GIS implementation for this project. At this point, Mr. Smith introduced Mr. Christopher McKissick, MPA, Senior Account Executive with SunGard OSSI. Mr. Fetzer stated when this was presented the biggest concern was that this was substantially over budget and feels that staff and SunGard have worked together to come up with something that is more workable. Mr. Frankel asked about the final pricing, the computers' that we will purchase from. SunGard th project pricing and then whatever additional expense software. 12 Mr. Smith stated if we include e $1,139,940.95 would be our we arrive at for the Crywolf 06/15/10 Mr. Smith stated if the City decides to purchase it and with additional licenses that would be on top of this amount. Mr. Smith reiterated staff would fund this from a different source and would potentially get some funds back from our contract with Mr. Strock. Mr. Smith stated if we want to just look at our budgeted amount for SunGard right now the contract would stand at $853,174.30. Mr. Frankel stated he is all in favor of updating the software; however, he stated the original budget for this project was $1.15 million and noted staff went a little bit above but got it down from the original RFP. Mr. Frankel stated he does not want to see this project go to $1.178 million.. Mr. Smith stated this would be a consideration that the Commissian would need to make on things such as the additional software package. Mrs. Gray stated this weekend she was in a Newly Elected Officials class given by the League of Cities and they mentioned a program that the State has that you can actually buy computers in bulk. The City Manager stated the servers that the Commission approved on the Consent Agenda on off State contract. Mx. Smith stated the City has those right now as computers that SunGard would provide for us; however, with the City Manager's direction staff can get the comparison State contract pricing and take the option to purchase those computers ourselves. The City Manager stated sometimes the City finds other sources that are better than State contract prices. Mayor McDuffie stated many times because the State contract is negotiated at a particular time, sometimes pricing decreases after State contract is awarded so many times you can buy it on the market less than State contract and he would like to make sure we keep this option open. Mayor McDuffie asked what is in High Point, North Carolina that we need to go learn. Mr. Smith stated they recommend that for certain classes, far example, the CAD training where you have a solid week's worth of training that getting out of your local area and concentrating exclusively on that is one strategy far doing that. Mr. Smith stated the City gets to make the decision on if we feel that is benef cial for some versus others. Mr. McKissick, MPA, stated different agencies have pros and cons and sometimes it is good to get away from your natural work environment to dedicate and focus efforts on that classroom training. Mr. McKissick stated it is also easier to do it on- site because if you have additional resources or questions then you have your own staff here as well Mr. McKissick stated it depends on the City's current staffing levels and travel costs at the time. Mr. Smith stated the City would not send a large group of officers to North Carolina but there maybe good rationale for sending people for same of the more technical maintenance type training where you are closer to more resources on the SunGard side and the people who are going to be ultimately supporting the software. Mrs. Gray moved to approve the contract award to SunGard Public Sector, Inc. for a Public Safety Software System. contingent upon staff approval of the fmal contract documents and includes the SunGard maintenance prepayment, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie --- Yes; Mr. Fetzer -- Yes. Said motion passed with a 4 to 0 vote. 13 06/15/10 __ At this point, the time being 7:04 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 10-10 SECOND READINGISECOND PUBLIC HEARING): Providing for the acceptance of the resurvey report of the Old School Square Historic District including extending the Period of Significance to 1965 and reclassifying 13 properties from non-contributing to contributing. The caption of Ordinance No. 10-10 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF OLD SCHOOL SQUARE HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1965 AND RECLASSIFYING 13 PROPERTIES FROM NON-CONTRIBUTING TO CONTRIBUTING, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 10-14 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, AICP, Director of Planning and Zoning, stated in July 2008 to January 2009 resurveys were canducted for four of the five historic districts and those recommendations that came out of those resurveys were adapted in 2009 for three of those districts including Del-Ida, Nassau, and West Settlers. In late 2009, Ordinance No. 16-09 was before the Commission which considered the recommendations for the Old School Square Historic District. On second reading of Ordinance No. 16-09, the City Comrr~ission did not pass that recommendation. Mr. Dorling stated there were some people that were opposed to the reclassification of their specific properties and direction was given by the City Commission that staff go back to those people and allow them to opt out if they wanted to. Mr. Dorling stated there was a Workshop held on December 2, 2010 by the Historic Preservation Board (HPB) that educated people on the benefits of being reclassified and the benefits of being in the district. In February 2010, a certified mailing was sent to the 23 property owners and of that ten property awners came back and stated they did not support the reclassification of their own property. Mr. Dorling stated those properties have been removed from this reclassification action. Therefore, Mr. Dorling stated it involves 13 of those 23 properties. 14 06/15/10 At its meeting of May S, 2010, the Historic Preservation Board (HPB) reviewed Ordinance No. 10-14 and the Board recommended approval with a 5 to 0 vote; ', at its meeting of April 1, 2009, the Pineapple Grove Main Street Committee (PGMS) reviewed Ordinance No. 10-10 where a recommendation of approval was made; at its meeting of April 13, 2009, the Downtown Development Authority (DDA} reviewed Ordinance No. 16-09 where a recommendation of approval was made with the condition that those property owners who would like to maintain their classification as non- contributing be granted that request; and at its meeting of April 16, 2009, the Community Redevelopment Agency {CRA} reviewed Ordinance No. 16-09 where a recommendation of approval was made with the condition that those property owners who would like to maintain their classification as non-contributing be granted that request. At its meeting of June 1, 2010, the City Commission considered Ordinance No. 10-10 and recommended approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 10-10, the public hearing was closed. Mrs. Gray moved to adopt Ordinance No. 10-10 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 13-10: Consider a city initiated amendment to the Land Development Regulations {CDR) Section 4.3.3, "Special Requirements far Specific Uses", by amending Subsection {CELL), "Medical Offices", to provide for clarification regarding the applicability of certain State Statutes. 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 CITY'S LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (CELL), "MEDICAL OFFICES", TO PROVIDE CLARIFICATION REGARDING THE APPLICABILITY OF CERTAIN STATE STATUTES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13-10 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. 15 06/15/10 Paul Dorling, A1CP, Director of Planning and Zoning, stated on October 20, 2004, the City Commission enacted Ordinance No. 50-09 which dealt with medical offices and prohibited on~site dispensing of controlled substances within medical offices. Mr. Dorling stated this ordinance makes a reference change to Florida Statutes as well as expands the applicability from medical offices to include professional and business offices. This expansion will eliminate the potential for uses that dispense controlled substances from establishing under a professional ar business office category (i.e., wellness center) and asserting that the ordinance does not apply to them as they are not a "medical office." At its meeting of May 17, 2010, the Planning and Zoning Board considered this ordinance and recommended approval with a 6 to 0 vote; at its meeting of May 25, 2010, the City Commission considered this ordinance and recommended approval on first reading. Mayor McDuffie declared the public hearing open. Christina Morrison Pearce, Delray. Beach Club, stated this closes one of the last loopholes in the City's ordinance that would hopefully close down the pill mills and some of the other practices that are not favorable to the City. She urged the City Commission to approve this ordinance. There being no one else from the public who wished to address the Commission regarding Ordinance No. 13-10, the public hearing was closed. Mr. Frankel extended kudos to everyone involved and stated he is wholeheartedly in favor of this ordinance. Mr. Frankel moved to adopt Ordinance No. 13-10 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO, 14-10: Consider approval of Ordinance No. 14-10 amending Section 110.15, "Local Business Tax Schedule", of the City Cade of Ordinances in order to provide for an increase in rates. The caption of Ordinance No. 14-10 is as follows: 16 06/15/10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "LOCAL BUSINESS TAXES GENERALLY" BY AMENDING SECTION 110.15, "LOCAL BUSINESS TAX SCHEDULE" IN ORDER TO PROVIDE FOR AN INCREASE IN RATES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) {The official copy of Ordinance No. 14-10 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. Al Berg, Assistant Director of Community Improvement, stated this ordinance increases the business tax 5% across the board. Mr. Berg stated the business tax will increase from $149.00 to $156.56 for 90% of the business taxes. He stated the revenue will increase by about $30,000.00 and the City collects $650,000-$700,000.00 in this category. Mayor McDuffie declared the public hearing open. There being no ane from public who wished to address the Commission regarding Ordinance Na. 14-10, the public hearing was closed. Mrs. Gray asked how many businesses the City has actually lost in the last year. Mr. Berg stated the City has lost approximately 1,000-1,200 businesses that did not renew but by the same token people are starting up home businesses because it is less expensive and there are many computer base businesses now. Mr. Berg stated there is a steady increase and he sees 20-40 new applications every week so it is an indication that the economy is improving. Mr. Frankel moved to adopt Ordinance No. 14-10 an Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer ~- Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -- Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Nan-Agenda Items from the City Manager and the Public. 17 06/15/10 ll.A. C~Mana~er's response to prior public comments and inquiries. The City Manager stated Ms. Moody had expressed concern about damage to a gate and fence at the cemetery and that was repaired on May 28, 2010. He stated Ms. Moody also requested an update on the Carver Square property and the City Manager stated on March 25, 2010 the Florida Department of Environmental Protection (FDEP) requested an additional year of quarterly ground water testing based an the iron levels at one of the monitoring wells. The City Manager stated an April 8, 2010 the Community Redevelopment Agency's (CRA) consultant and staff met with representatives of DEP to discuss what the Department would accept in order to sign off on this project. The CRA's consultant recommended no further action in their last report. He stated a variety of testing methods were discussed including installation of an additional well, additional ground water testing and existing wells as well as other testing and data gathering to confirm whether or not elevated iron Ievels exist throughout the region not just on the Carver Square site. The City Manager stated work assignment to conduct additional testing was executed with the CRA's consultant. Drilling of the additional well was scheduled for June 4, 2010 with ground water samples to be taken the week of June 14~' as the new wells need time to stabilize. The CRA staff has assisted their consultant by surveying the surrounding area and identifying properties that use ground water for irrigation as well as visual evidence of excessive iron levels based on iron stains on buildings, fences, vegetation, fire hydrants, etc. The City Manager stated photographs of these conditions were passed along to the CRA's consultant and DEP will be included in their consultant's report. The completion of the test results and associated report are anticipated by the end of June with submission of DEP in early July. The summary was presented to the CRA Board on June 10, 2010. Since the report was written the consultant collected another round of ground water samples on June 10, 2010 and these samples have been sent to the lab for analysis and it is expected to have the results in 7- 10 business d~iys. The results will then be included in another report to DEP along with the pictures. The City Manager stated the turn-around time from DEP is usually about two months. Therefore, the City Manager stated by September or October hopefully the City will know something. 11.B. From the Public. 11.B.1. Floydrica Bror~vn, 1414 N.W. Z°d Street, Delray Beach, FL 33444, stated on June 3, 2010 she was fired as Recreational Leader for the City of Delray Beach by Tonya Smith and feels she was terminated on unfair and unjustifable terms. Ms. Brawn stated she was terminated because the children like her and because she did a good jab. She provided a copy of her evaluation dated December 15, 2009 to the City Commission and explained that the evaluation was not presented to her until May 6, 2010. In addition, Ms. Brown provided the Commission with a letter she prepared. Ms. Brawn stated ;there are many unjust things going an in the Parks and Recreation Department and feels this should be investigated. She stated the accusations are totally false and feels someone of higher power should have been present to observe her because she did not once know she was even being evaluated. 18 06/15/10 11.B.2. Pauline Moody, 609 S.W. $t~` Avenue, Delray Beach, FL 33444, stated she received Mr. Harden's letter and appreciates it. Secondly, Ms. Moody stated half of the cemetery gate near Auburn Trace is gone. Lastly, Ms. Moody stated now that it is hurricane season is the City going to hire someone to start cutting back the trees away from the power lines. 11.B.3. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, stated on February 2, 2010 she spoke to the Commission about outdoor seating requirements on Atlantic Avenue to separate pedestrians and diners. Mrs. Finst stated she also sees that some restaurants are now splitting the seating areas moving the diners closer to the street. In addition, Mrs. Finst stated she had also spoken about sidewalk markers to def ne the area. Mrs. Finst stated she xeceived a letter from the City Manager dated February 23, 2010 and read the letter into the record. Mayor McDuffie stated it has been discussed that the Commission wants to review the entire downtown and all the outdoor seating for several reasons not the least of which is safety. At this point, the time being 7:29 p.m., the Commission moved back to Item 9.F. of the Regular Agenda. 9.F. UESTTONNAIRE FOR ADVISORY BOARD. APPLICANTS: Provide direction regarding a questionnaire for prospective advisory board members. The City Manager stated at the Commission's Goal Setting Session the idea of possibly developing a questionnaire for Board applicant's was brought up and discussed to some extent. He stated the City Clerk has done some research and developed a possible questionnaire that we could either ask for written responses to or the Commission could use it verbally or bath. The City Manager stated staff would like direction from the Commission if there are things they would like added or taken away. Mr. Frankel asked if the City drafted the questionnaire. The City Manager stated the City Clerk drafted most of questionnaire and he added one question to it. Mrs. Gray stated she liked the process where the Commission has a chance to sit down and talk to the applicants versus looking at a piece of paper and judging from their responses. The City Managex stated the questionnaire is to provide additional background information and the Commission is still encouraged to talk to the applicants. Mrs. Gray expressed concern over Question #6. The City Clerk stated Question #6 is really in reference to the applicant being able to provide suggestions to take the board further in a positive manner and is not to discount them but instead what can they add to the Board and what types of suggestions do you have. 19 06115110 Mrs. Gray stated she does not want this questionnaire to be held against the applicant. The City Clerk stated this is not how the questionnaire is designed but it is for the Commission to gleam additional information that they would want to as part of their interviews. Mayor McDuff e stated if this questionnaire helps the Commission to obtain more information about what an applicant's knowledge of the city is and how well they fit on the board then he feels it is a step in the right direction. The City Manager stated staff can rnake this part of the application package and it will be a starting point then for the Commission's further conversation. He stated how the Commissioners weigh it or whether they give it any weight at all is totally up to the Commission. Mr. Fetzer stated he would like to see this as part of the application itself so that the Commission receives a questionnaire from everyone. Mr. Fetzer stated this would give him more information to help him make those decisions about who he is going to call. Mr. Frankel stated because there are so many varieties of boards these are great general questions plus as a Commission they can ask tailored questions. Mr. Frankel concurs with Commissioner Fetzer that be provided to every applicant to fill this questionnaire out and that it be included with the application. Mr. Fetzer moved to approve the questionnaire for board applicants and that it be included as part of the application they submit for the boards, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to D vote. 9.G. DESIGNATION OF VOTING DELEGATE: Designate the City's voting delegate to the Florida League of Cities' 84th Annual Conference to be held at Westin Diplomat Resort in Hollywood, Florida on August 19-21, 2010. Mr. Frankel stated he was the voting delegate last year and is happy to continue. Mr. Fetzer moved to designate Commissioner Frankel as the City's voting delegate io the Florida League of Cities' 84th Annual Conference to be held at the Westin Diplomat Resort in Hollywood, Florida on August 19-21, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie - Yes; Mr. Fetzer -- Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. 20 OG/15/10 9.H. RESOLUTfON NO. 33-LOIMID YEAR BUDGET AMENDMENT: Consider approval of Resolution No. 33-10 amending Resolution No. 49-09 adopted September 22, 2009 and Resolution No. 56-09 adopted October 20, 2009, which made apprapriations of sums of money for all necessary expenditures of the City of Delray Beach for the FY 200912010, by setting forth the anticipated revenues and expenditures for the operating funds of the City for FY 200912010. (ADDENDUM) The caption of Resolution No. 33-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 49-09 ADOPTED SEPTEMBER 22, 2009 AND RESOLUTION 56-09 ADOPTED OCTOBER 20, 2009, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 200912010, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 200912010; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The offcial copy of Resolution No. 33-10 is on file in the City Clerk's office.) The City Manager stated the State changed the rules for the Police and Fire Pension and instead of giving the City a set number for its contribution, they said it had to be a percentage. He stated there has been some debate about exactly what the number should be and how to calculate it. The City Manager stated at one point staff thought they needed more money for that but staff resolved this and decided that they do not need mare money for that. He stated the City still has a revenue shortfall of $267,915.00 as of May 1 S, 2010 so this amendment takes into account that shortfall and revenue and makes budget cuts throughout the departments totaling $267,915.00 reducing the City's total budget by that amount. The City Manager stated staff recommends that the Commission adopt the resolution to amend the budget. Mr. Frankel moved to approve Resolution No. 33-10, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 0 vote. I.Z. FIRST READINGS: A. None 21 06/15/10 At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, City Attorney, and the City Commission. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager With regard to Mrs. Gray's concern about installation of a sidewalk on S.W. 1st Street between 4th anal 5th Avenues, the City Manager stated the City has funds in the Community Development Block Grant for this type of work and we will include this area in the Master Flan and complete the work as soon as practical. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. Ci Commission 13.C.1. Mr. Fetzer Mr. Fetzer asked about the timeframe to approve the proposed millage rate. Mayor McDuffie stated the TRIM notices will be mailed on August 23ra so approval of the proposed millage rate will be about the first week of August. 13.C.2. Mrs. Gran Mrs. Gray stated she attended the Newly Elected Workshop in Fort Myers anal recommends that all newly elected officials attend. Secondly, she thanked the Parks and Recreation Department for extending the hours at Pompey Park pool and adding an additional day (Sunday} from 1:00-6:00 p.m. Mrs.. Gray stated Auburn Group has started their demolition and asked where they stand as far as actually paying the dollars back to the City. The City Attorney stated the Auburn Group has completed paying the City back and there was a timeframe that they met as far as paying the City of Delray Beach back for the land note parcel so they have made those payments to us. Mrs. Gray stated an S.W. 12th Avenue in front of Village Academy she attended a community meeting that they had a couple of months ago and they asked for some type of safety measures for a crossing there. She stated S.W. 12th Avenue is very busy and the parents do not feel that their children are safe because there is no crossing at the intersection in front of the school. 22 06/15/10 Lastly, Mrs. Gray stated on the north and south sides of Atlantic Avenue there are numerous "No U-turn" signs from I-95 to Swinton Avenue. She stated the signs have just been erected aver the last couple of months and would like staff fmd out the reason why. 13.C.3. Mr. Frankel Mr. Frankel requested an email copy of the current land development regulations governing sidewalk cafes. Secondly, Mr. Frankel thanked everyone for supporting the Delray Beach Library by attending "Dine Out For a Cause" event held at Tryst restaurant last Thursday. He stated there were over 80 reservations and it was for a great cause. 13.C.4. Mayor McDuffie Mayor McDuffie stated before he left the "Dine Out For a Cause" event they had 90 reservations. He stated it was a terrific event. Secondly, Mayor McDuffie stated they had an Armed Forces softball tournament at Miller Park this past weekend. He stated these were active duty men out on leave or between assignments and it was a fun event for everyone. Lastly, he stated the Seacrest High School Class of 1965 had their 45~' High School Reunion at the Colony Hotel Friday night and then moved to Ellie's Diner on Saturday. Mayor McDuffie stated approximately 100 people attended and many of them spent their early childhood years and their life here until graduating from high school and then moved away from Delray Beach. Mayor McDuffie stated some of the graduating class had not been back to Delray Beach in 45 years and they noted what a phenomenal job everyone is doing, There being no further business, Mayor McDuffie declared the meeting adjourned at 7:49 p.m. ,~ • ~ T City Clerk 23 0611 S/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 June 15, 2010, which Minutes were formally approved and adopted by the City Commission on ~l City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the off vial Minutes of the City Commission. They will become the off cial Minutes only after review axed approval which may involve some amendments, additions or deletions as set forth above. 24 Ob/15/10 r IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR LEMONGRASS 1. `f his in lieu parking fee request for the pnrchase of 3 parking spaces in- lieu has come before the City Commission an ,June 15, 2D1Q. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for Lemongrass located at 42t1 East Atlantic Avenue. Ali of the evidence is a part of the retard in this case. Required findings are made in accordance with Subsection I, i. IN LIEU PARKING FEE: Pursuant #o LDR Section 4.6.9(E)(3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather khan provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of 3 parking spaces in-lieu meet the requirements of LDR Section 4.6.9(E)(3? ar~d the conditions, if any, listed below? At $'15,60i~ per space totaling $46,8#30.(}p on the condition that fifty aercent 5tt% be aid u on si nin the a reement and tweet -five ercent 25°{a be paid on the second and third anniversaries of the agreement. Yes / No 3. The City Commission hereby finds fihat the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Pian and finds that its determinations set forth in this Order are consistent with the Comprehensive Pian and Land Development Regulations. 1 City Commission Meeting on June 15, 7090; Item 9.A. 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 City Commission approves / denies the m lieu parking fee request as set forth above. S. Based on the entire record before it, the City Commission hereby adopts this Order this 10th day of June, 2010, by a vote of 4 in favor d 0 opposed. ATTEST; , 3,, Chevelle Nubin, City Clerk S. McDuffie, M 2 City Commission Meeting on June T5, 2090; lfem 9.A.