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07-20-10 Regular Meeting MinutesJULY 20, 2010 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice Mayor Frankel in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, July 20, 2010. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Vice Mayor Adam Frankel Commissioner Angeleta E. Gray Absent - Mayor Nelson S. McDuffie Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Rabbi Suzanne H. Carter with Tzedakahhouse & International Federation of Rabbis. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Vice Mayor Frankel requested that Item S.F., Donation/Bethesda Memorial Hospital of the Consent Agenda be moved to Presentations as Item 7.C. Also, Mr. Frankel stated with regard Item S.G., Florida Highway Products, Inc. /2010 Street Resurfacing Project account number 441 - 5181 -536 -65.96 is not correct and should read 442 -5178 -536- 63.51. Vice Mayor Frankel noted the addition of Item 6.A., City of Tennis Beach Week Proclamation and Item 9.L., Reconsideration/Waiver of Rental Fees Request/Roots Cultural Festival, Inc. by addendum. Mrs. Gray moved to approve the Agenda as amended, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Vice Mayor Frankel — Yes; Mrs. Gray — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 4 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Regular Meeting of July 6, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice Mayor Frankel — Yes; Mrs. Gray — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 4 to 0 vote. 07/20/10 6. PROCLAMATIONS: G.A. City of Tennis Beach Week -- Jul 19 -26 2010 ADDENDUM Vice Mayor Frankel read and presented a proclamation hereby proclaiming the City of Delray Beach during the week of July 19 -26, 2010 as City of Tennis Beach. Linda Karch, Director of Parks and Recreation, came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. Presentation by Student Ambassadors: Chelsea Brandt Sofia Ellingsworth, Matthew Feldman Matthew Kondziela Jacqueline Lowell Danielle Trubow and Robert Weil David Schmidt, on behalf of the Board of Sister Cities and the Student Ambassadors, ors, thanked the City Commission for allowing them to make a presentation about their recent trip to Japan. Mr. Schmidt thanked the City for its continued support of the. program and stated it has been a once in a lifetime experience for the students. The following Student Ambassadors gave a brief PowerPoint presentation regarding their trip to Japan: Chelsea Brandt Sophia Ellingsworth (not present) Matthew Feldman Matthew Kondziela Jacqueline Lowell Danielle Trubow Robert Weil 7.B. S.P.I.R.I.T. Service Performance Integrity,— Res onsibili Innovation Teamwork Committee Ouarterly Awards Presentation Juan Manzano Interim Environmental Compliance Manner, speaking on behalf of the S.P.I.R.I.T. Committee presented an award certificate to Mr. Louis (Luke) W. Lucas, Crew Leader II /Water & Sewer Division, for being selected as the quarterly award winner. Mr. Lucas noticed that a co- worker he supervised was not feeling well and even though he said he was okay, Mr. Lucas insisted on taking him to Fire Station #1 to check his vitals. He was found to have blood sugar levels five times about the normal level and was transported to the hospital immediately and after further testing at the hospital the doctor stated that if it had been ten more minutes, the employee may have had a stroke. Mr. Manzano stated the employee is now on a proper regiment of medication and diet for diabetes. Mr. Lucas' caring and perseverance might have saved this employee's life. K 07/20/10 7.C. DONATIONBETHESDA MEMORIAL HOSPITAL: Approve and accept a donation from Bethesda Memorial Hospital (BMH) in the amount of $9,500.00 for the purchase of equipment to implement Bluetooth Technology and Telemetry for wireless electrocardiogram transmission during patient transports to their facility. Roger Kirk, Executive Vice President and Chief Operating Officer at Hospital., stated they are here to give a special presentation H ' Bethesda em ©ria n to the EMS Department who is their partner in helping them to provide first class emergency medical services to the City of Delray Beach and its citizens. Dr. Kushner, Medical Director of the Emergency Department at Bethesda Hospital stated the leading cause of death in the United States is an acute coronary syndrome/heart attack and the ability to treat this disease is based on how quickly they can diagnose and get the patient to the hospital. Dr. Kushner presented a donation in the amount of $9,500.00 for radio transmission of EKG from Delray Fire- Rescue to Bethesda Hospital. Dr. Kushner stated Bethesda will be donating this piece of software so that the paramedics with have the ability to transmit the EKG from the field to the hospital to the emergency room and in a more timely fashion they can treat the patient and get them to where they need to be to save their life. David James, Fire Chief, on behalf of the Delray Beach Fire - Rescue Department, thanked Bethesda Hospital for this donation, the IT Department particularly Ed DelPortillo, Project Manager, his staff and EMS Division Chief Williams for making this possible. 8. CONSENT AGENDA: City Manager Recommends Approval. S.A. ACCEPTANCE OF SIDEWALK EASEMENT DEED AND SIDEWALK DEFERRAL 11110 HARBOR DRIVE: Approve and accept a 5' foot sidewalk easement deed and deferral agreement regarding installation of a sidewalk for the property located at 1110 Harbor Drive, 8.B. ACCEPTANCE OF SIDEWALK EASEMENT/ SIDEWALK DEFERRAL/ DRAINAGE EASEMENT AND HOLD HARMLESS AGREEMENT/ 1102 NORTH VISTA DEL MAR DRIVE: Approve and accept a 5' drainage easement, 5' sidewalk easement, sidewalk deferral agreement, and hold harmless agreement for improvements placed within a utility easement for the property located at 1102 North Vista Del Mar Drive. S.C. AMENDMENT NO. 1 TO THE SERVICE AUTHORIZATION /COASTAL PLANNING & ENGINEERING INC./BEACH RENOURISHMENT PROJECT: Approve Amendment 1 to the Service Authorization to modify the scope of work for Task 3 for preliminary engineering and technical engineering tasks for the Beach Renourishment project. 3 07 /20 /10 8.D. CONTRACT CLOSEOUT (CHANGE ORDER NO. I/FINALWOHNSON DAVIS, INC.: Approve a Contract Closeout (C.O. No. I/Final) in the amount of a $34,851.56 decrease and final payment in the amount of $19,366.17 to Johnson Davis, Inc. for completion of the Phase 1 Osceola Park Improvements Project #2004 -003. Funding is available from 442 - 5178 - 536 -65.85 (Water /Sewer Renewal & Replacement Fund /Other Improvements /Osceola Park). 8.E. AMENDMENT TO_INTERLOCAL AGREEMENT„; PALM BEACH COUNTY; MIRACLE LEAGUE FUNDING: Approve an amendment to the interlocal agreement between the City and Palm Beach County for funding for the Miracle League Field at Robert P. Miller Park to include the Miracle League Concession Building. 8.F. THIS ITEM HAS BEEN MOVED TO ITEM 7.C. PRESENTATIONS. 8.G. FLORIDA HIGHWAY PRODUCTS INC. /2010 STREET RESURFACING PROJECT: Approve execution of a contract with the Florida Highway Products, Inc. in the amount of $258,421.52 for micro- surface paving of City streets contingent upon the City receiving payment and performance bonds and a certificate of insurance from Florida Highway Products, Inc. Funding is available from 334 - 3162 -541 -61.17 (General Construction Fund/Capital Outlay /Street Reconstruction); 442 - 5178 - 536 -63.51 (Water /Sewer Fund /Other Improvements /Reclaimed Water Transmission); and 118- 1965 - 554 -61.91 (Neighborhood Services /Capital Outlay /infrastructure). 8.H. SPECIAL EVENT RE VEST /SUMMER NIGHTS ON THE AVENUE: Approve a special event request for the Summer Nights on the Avenue to be held from 7:00 p.m. to 10:00 p.m. on August 27, 2010; granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from N.E. /S.E. 5t' Avenue to N.E. /S.E. 6t' Avenue; and authorize staff support for security and traffic control and barricading. S.I. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE: Approve special event request to endorse Art and Jazz on the Avenue to be held on August 19, 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 east/west alley, and to the alleys north and south of Atlantic on N.E. /S.E. 1 st Avenue, N.E. /S.E. 2nd Avenue, S.E. 3rd Avenue, and N.E. /S.E. 4th Avenue; 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. 8_J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 6, 2010 through July 16, 2010. 4 07/20/10 8.K. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Gruber Hall, Inc. in the amount of $40,103.00 for provision of all labor, equipment and materials for retrofitting/replacing three (3) existing doors at the Old School Square (OSS) Crest Theater and Gymnasium buildings for hurricane protection. Funding is available from 334- 4151 -572- 46.08 (General Construction Fund: Repair & Maintenance Services /OSS Window Replacement). 2. Purchase award to Municipal Equipment Company, LLC in the amount of $56,378.40 for twenty -six (26) sets of Firefighting Personnel Protective Equipment (bunker gear). Funding is available from 001 -2315- 526 -52.22 (General Fund: Operating Supplies/Uniforms/Linen Service). 3. Purchase award to Pantropic Power, Inc. in the amount of $108,470.00 for purchase of a 600kw emergency standby generator for the Water Treatment Plant's South Pump Station. Funding is available from 442 - 5178 -536 -64.90 (Water and Sewer Renewal and Replacement Fund/ Other Machinery and Equipment). 4. Purchase Award to Martin Fence Company in the amount of $19,218.42 for perimeter fencing at Hilltopper Stadium. Funding is available from account 334 - 4151 -572 -46.90 (Other Repair/Maintenance Costs). Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Vice Mayor Frankel — Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A. CONDITIONAL USE RE VEST /CVS STORE: Consider a conditional use request to establish a 24 hour late night business for the CVS Store located at 700 N.E. 6"' Avenue. (Quasi- Judicial Hearing) Vice Mayor Frankel read the City of Delray Beach procedures for a Quasi - 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 this item. Vice Mayor Frankel asked the Commission to disclose their ex parte communications. Mrs. Gray stated she received several emails concerning this matter. 5 07/20/10 Vice Mayor Frankel stated he spoke with the attorney for the applicant as well as received the same number of emails as Commissioner Gray and forward them to the City Clerk. Mr. Eliopoulos stated he spoke with McCall Rosenthal, Joann Peart, and received several emails which he responded to and forwarded those emails to the City Clerk. Mr. Fetzer stated he spoke with the applicant and their attorney and he too received approximately 20 emails (only one in favor) and forwarded those emails to the City Clerk. Paul Dorling, A1CP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010 -102 into the record. Paul Dorling, A1CP, Director of Planning and Zoning, stated this is a conditional use request to establish a 24 -hour late night business for CVS located at the southeast corner of George Bush Boulevard and N.E. 5th Avenue and require that if they are within 300 feet of a residentially zoned property. The request would extend the current hours of operation 6:00 a.m. — 12 p.m. to 24 hours a day seven days a week for the retail stare. The Pharmacy hours would remain unchanged and those are Monday through Friday 5:00 — 10:00 p.m., Saturday 5:00 a.m. to 6:00 p.m., and Sunday 10:00 a.m. to 6:00 p.m. The security plan exists for the store and is explained in the Planning and Zoning Board staff report. As part of this request, an additional CPTED review was conducted and additional security upgrades were recommended by the Delray Beach Police Department. Mr. Dorling stated the Board and the applicant they have agreed to all of those items that are identified in the CPTED review. At its meeting of April 19, 2010, the Planning and Zoning Board recommended approval with a 5 to 1 vote subject to the conditions that no alcohol sales shall take place between 12 midnight and 7:00 a.m. and that the pharmacy hours would remain unchanged. Mr. Dorling stated this came before the City Commission at its July 6, 2010 meeting at which time the applicant requested a postponement so that they could determine whether CVS was willing to address security concerns with particular reference to hiring a security guard. He stated there is a reference to their support to do that in the back up. Al Malefatto Greenber Trauriz 777 S. Fla ler Drive West Palm Beach FL 33401 Attorney representing repnesenting CVS Pharmacy), stated since he was here two weeks ago he has had the opportunity to go back and confer with CVS management and they are now proposing an additional condition that they would be willing to accept in addition to the other ones relating to security that CVS Pharmacy would have private security posted during the overnight hours assuming the City Commission approves their request for a 24 -hour operation. Mr. Malefatto stated he does believe that this will provide a service to the surrounding community. Mr. Malefatto noted that Mayor McDuffie is absent this evening and the Commission may want to consider postponing this further so that they have the opportunity to have the entire Commission consider this matter. on 07/20/10 Vice Mayor Frankel stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. McCall Credle - Rosenthal, 817 Lake Avenue North, Delray Beach FL 33483, stated there is already a 24 -hour store on George Bush Boulevard and there is convergence of cars coming there throughout the night and urged the City Commission to reconsider doing this 24 -hour store. Dr. Victor Kirson, 2050 Alta Meadows Lane #2110 Delray Beach, FL 33444 President of the Board of Directors at Tierra Verde at Delray Beach and Vice Chairman of the Police Advisory Board and member of the Alliance of Delray Beach, stated he would like to see Delray Beach remain the village -by -the -sea. Dr. Kirson stated there is no good reason other than going to work or coming home from work to be out between 3:00 a.m. and 6:00 a.m. KeIli Freeman President of the Tropic Isle Civic Association 917 Banyan Drive Delray Beach FL 33483 requested that the Commission again vote "no" to deny the 24 -hour conditional use request for the CVS location and any other retail establishments within the City of Delray Beach that come before the Commission. Mrs. Freeman stated we need to be consistent and not allow exceptions for a 24 -hour location within 300 feet of any residential area. She stated during the July 13th statements to the Commission, the Attorney for CVS seemingly dismissed the concern of the residential area within 300 feet of this location and noted this is unacceptable and it should not matter if there are 14 homes or 1,400 homes in the neighborhood. Mrs. Freeman stated this particular conditional use will have a significant detrimental effect upon the stability of the neighborhood. Pauline Moody, 609 S.W. Stn Avenue Delray Beach FL 33444 opposes the 24 -hour conditional use request and stated 18- wheeler trucks will be making deliveries that will generate noise. Ms. Moody suggested that the CVS turn the CVS located on Federal Highway near the movie theatre into 24 -hours instead of this location. There being no one else from the public who wished to address the Commission, the public hearing was closed. There was no cross - examination. The following individual gave the following rebuttal: Mr. Malefatto clarified that the trucks will be coming in the middle of the night anyway loading and unloading because there is no restriction on when the delivery trucks can come. Therefore, Mr. Malefatto stated whether or not the store is open 24- hours delivery trucks can go there. For the record, Mr. Malefatto stated they do not use 18- wheclers; they actually use smaller trucks. As to the other 24 -hour business in the area, he stated he looked at that but there are some issues regarding crime and safety 7 07/20/10 there. Mr. Malefatto stated they do not have the additional security measures that CVS is proposing (limit the sale of alcoholic beverages, increased lighting, increased camera coverage, and the security guard). He stated this CVS store will be much safer than the other location. Mr. Malefatto stated at the last meeting of July 6, 2010, he pointed out those 300 feet within the 300 foot radius even though they were residentially zoned areas there are not actually any actual residences within 300 feet of this location. Mr. Malefatto stated sometimes parents with young children have to get up in the middle of the night to buy medicine for their children if they are sick. Mr. Malefatto asked the Commission for their consideration. Mrs. Gray stated in listening to the residents she is going to have to side with the residents because there is a 24 -hour store which is a 7- Eleven and on South Federal Highway there is a Walgreens that is 24- hours. Mrs. Gray stated she believes this will be taxing on our Police Department and concurs with the citizens that the Commission should not approve another 24 -hour store. Mr. Eliopoulos stated for clarification at the last Commission meeting there was a Board Order and the Commission was asked to respond to the Board Order and a vote was not actually placed. At that point, the applicant asked the Commission to table this item. For the record, Mr. Eliopoulos stated the Commission did not vote at the last Commission meeting to turn this down. Mr. Eliopoulos stated there is a 24 -hour Wal-Mart proposed for Gulf Stream and Federal Highway if people feel the need to go out late at night to purchase medicine. Mr. Eliopoulos stated he does not support this 24- hour conditional use because these neighborhoods do not need another 24 -hour store. Mr. Fetzer stated he is not a fan of 24 -hour operations in the city. He stated staff provided the Commission with a list of 24 -hour operations in the city now and noted there are approximately 25. Mr. Fetzer expressed concern with 24 -hour operations close to residential areas and stated this is an extreme burden on the Police Department and feels the Commission needs to be cautious as they move forward in granting any further approvals on this. Therefore, Mr. Fetzer stated he will not support a 24 -hour operation at this location. Vice Mayor Frankel stated he loves the idea of a 24 -hour place just for the fact that there may be emergencies that come up. Unfortunately, Vice Mayor Frankel stated he cannot make a decision based on what he solely would want to do. He stated since the Commission last addressed this, overwhelmingly the public does not support a 24 -hour location. Therefore, Vice Mayor Frankel stated he does not support this either. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order (denying the conditional use request), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Vice Mayor Frankel — Yes; Mrs. Gray — Yes. 07/20/10 Said motion to adopt the Board Order DENYING the conditional use request was approved with a 4 to 0 vote. 9.B. AMENDMENT TO AGREEMENT/PALM BEACH COUNTY; DISASTER RECOVERY INITIATIVE PHASE II: Approve an Agreement between the City and Palm Beach County for $800,000 for implementation of the Housing Rehabilitation Program funded under the Disaster Recovery Initiative (DRI) Phase 1I. Lula Butler, Director of Community Improvement, stated this item is to authorize the agreement between the City of Delray Beach and Palm Beach County for a second round of Disaster Recovery Initiative (DRI) funds in the amount of $800,000.00. Mrs. Butler stated the Commission initially gave staff permission to work with the County in 2006 and they have awarded approximately $1.6 million as part of that agreement. Mrs. Butler stated the City has built roads and about $900,000.00 is associated with housing rehabilitation and they have given staff a second opportunity to participate. She stated staff is applying for that because it is designated for housing rehabilitation. Mrs. Butler stated staff will come back to the Commission to modify this agreement because they would prefer to build out a few roads that need to be built out so they will ask the County for a modification of the agreement. However, Mrs. Butler stated staff would like to execute the agreement so they can tie these dollars up. Mrs. Gray moved to approve the agreement between the City of Delray Beach and Palm Beach County for implementation of the Housing Rehabilitation program funded under the Disaster Recovery Initiative (DRI) Phase II, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Vice Mayor Frankel — Yes; Mrs. Gray — Yes; Mr. Eliopoulos -- Yes. Said motion passed with a 4 to 0 vote. 9.C. HOUSING REHABILITATION GRANTS/NEIGHBORHOOD STABILIZATION PROGRAM: Consider approval of five (5) Neighborhood Stabilization Program (NSP) Housing Rehabilitation Grants in the amount of $252,734.98 to be awarded to selected general contractors for acquired NSP properties. Lula Butler, Director of Community Improvement, stated this item is a request to approve five (5) Neighborhood Stabilization Program (NSP) Housing Rehabilitation Grants acquired under the Neighborhood Stabilization Program (NSP) in the amount of $252,73498. Mrs. Butler stated two of the rehab contracts are being awarded to the lowest bidder and the other three are being awarded to the responsive bidders. She stated in the case of one of them staff used a 10% in -house rule to determine if a contractor's bid is a good bid or not. Mrs. Butler stated in another case the lowest bidder forgot the mold remediation and had to remove his bid. Mr. Eliopoulos moved to approve the five (5) Neighborhood Stabilization Program (NSP) Housing Rehabilitation Grants in the amount of $252,73498 to be awarded to selected general contractors for acquired NSP properties, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Vice Mayor Frankel —Yes; Mrs. Gray — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 4 to 0 7 07/20/10 vote. 9.D. POLI_CE DEPARTMENT WORKLOAD, STAFFING AND DEPLOYMENT STUDY PROPOSAL: Consider a proposal from ICMA Consulting Services for a workload, staffing and deployment study for the Police Department. The City Manager stated this item is before the Commission for a proposal for a comprehensive analysis of workload, staffing, and deployment of Police services for the City. The City Manager stated as far as he and Chief Strianese can determine, at least for the last 25 years the City has not had an outside agency take a look at the workload and staffing. The City Manager stated the Police Department accounts for approximately $29 million out of a $96 million budget and considering the financial pressures the City is dealing with, they feel it is appropriate to have this work done. The City Manager stated he asked the ICMA consulting service to provide this proposal and noted that when he attended the ICMA conference in Richmond a couple of years ago he attended a presentation that they made on some of the studies they have done around the country and in different cities and he was very impressed with the nature of the work that they do and the data analysis that they do. The City Manager stated Chief James has worked with them before in other capacities so he recommends this proposal for the Commission's consideration. Mrs. Gray asked how long this study will take and if it will be back in time enough for the Commission to consider in their next upcoming budget. The City Manager stated it would not be completed before we adopt the budget but if there are recommendations that will help the City to save money they can implement it in the course of the budget year. Mr. Eliopoulos expressed concern over the selection of this group with regards to ensuring that the City did get the best price. He stated they suggested that if we wanted to rearrange some payments that we could and he stated he would like to see it broken down into a few more payments as opposed to two flat payments. The City Manager asked how Mr. Eliopoulos would like to see it broken down. Mr. Eliopoulos stated he would like to see four payments and at the end of each month they would get a payment. The City Manager stated he believes staff can work this out. Mr. Fetzer stated with the budget strains the Commission is under right now, he is not looking forward to spending this money; however, he feels it is false economy if we do not because based on the continuing financial issues that we have this is something that the City needs some outside consulting to look at. Mr. Fetzer commented about the Police staffing this past year and he would like to see some benchmarking'done by this organization and supports it. Vice Mayor Frankel concurred with comments expressed by Commissioner Fetzer. 10 07/20/10 Mrs. Gray moved to approve a proposal from ICMA Consulting Services for a workload, staffing and deployment study for the Police Department, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel ---- Yes. Said motion passed with a 4 to 0 vote. 9.E. SUBLEASE AGREEMENT: COMMUNITY REDEVELOPMENT AGENCY AND PUPPETRY ARTS CENTER: Consider approval of a Sub -Lease Agreement between the Community Redevelopment Agency and the Puppetry Arts Center of the Palm Beaches to sublease approximately 5,000 square feet on the I" floor of the Old School Square Parking Garage for 2 years beginning October 1, 2010. The City Attorney stated this item is before the Commission because the lease agreement the City had with the Community Redevelopment Agency (CRA) provides that any sublease agreements will need to come in front of the Commission and this is for the retail space in the Old School Square Parking Garage. Francisco Perez -Azua, Economic Development Director with the CRA, provided the Commission with the floor plan (Exhibit "A "). The City Attorney stated there is also an Exhibit "C" that staff will also attach to the agreement before it is executed. The City Manager stated as part of this project the CRA is going to go ahead and pour the floor for the entire area (both the retail space and what the City expects ultimately the Chamber of Commerce may go in). Mrs. Gray asked if the 5,000 square foot is all the space that the CRA has. Mr. Perez -Azua stated there is a total of 10,000 square feet and 5,000 square feet is for the Puppetry Arts Center and the other group is the Artists of the Palm Beaches. Mr. Perez -Azua stated he is still waiting for them to forward their comments on their lease agreement and as soon as they have those in place they will forward those to the City Attorney. Mr. Eliopoulos moved to approve the Sublease Agreement between the Community Redevelopment Agency (CRA) and the Puppetry Arts Center of the Palm Beaches to sublease approximately 5,000 square feet on the first floor of the Old School Square Parking Garage for 2 years beginning October 1, 2010, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer -- Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 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. 11 07/20/10 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 12 -10: Consider a city initiated amendment to Appendix "A ", "Definitions" of the Land Development Regulations (LDR) to revise the definition of "Pharmacy ". The caption of Ordinance No. 12 -10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING APPENDIX "A ", "DEFINITIONS ", TO ENACT A REVISED DEFINITION FOR "PHARMACY ", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 12 -10 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated the City has received information from Mr. Weiner regarding a concern that has been expressed the way that the ordinance is currently worded. The City Attorney recommended postponing this ordinance to the August 3, 2010 meeting to allow staff to do more research on that item and bring the ordinance back to the Commission with their recommendations. Mr. Fetzer moved to postpone Ordinance No. 12 -10 to a date certain of August 3, 2010 at 7:00 p.m., seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Vice Mayor Frankel -- Yes; Mrs. Gray — Yes; Mr. Eliopoulos -- Yes. Said motion passed with a 4 to 0 vote. 10.B. RESOLUTION NO. 36 -10: Consider approval of Resolution No. 36 -10 establishing a budget for the Stormwater Utility System, establishing the rates for FY 2011 Stormwater Management Assessments, and certifying and adopting the Stormwater Assessment Roll. The caption of Resolution No. 3 6- 10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT 12 07/20/10 office.) ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITTED AREA, OTHER THAN NON - ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 36 -10 is on file in the City Clerk's The City Attorney read the caption of the resolution. Richard Hasko, Director of Environmental Services, stated this is the City's annual resolution that sets the stormwater assessment rates for the coming fiscal year for the stormwater utility. Mr. Hasko stated this resolution sets the rates at the same rate as this current year assessment. Vice Mayor Frankel declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 36 -10, the public hearing was closed. Mr. Fetzer moved to approve Resolution No. 36 -10, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice Mayor Frankel — Yes; Mrs. Gray — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer -- Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 16 -10: Consider a historic designation and individual listing on the Local Register of Historic Places for The Harvel House, to be located at 186 N.W. 5t' Avenue. The caption of Ordinance No. 16 -10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE HARVEL HOUSE, LOCATED AT 186 NW 5TII AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, OCTOBER 2009" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. 13 07/20/10 (The official copy of Ordinance No. 16 -10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this is the second reading to consider historic designation and individual listing on the local register of historic places for the Harvel House to be located at 186 N.W. 5 t Avenue. Mr. Dorling stated this ordinance would give it that designation once it is given a Certificate of Occupancy for the structure upon relocation. At its meeting of July 6, 2010, the Commission considered this ordinance and recommended approval at that time. Vice Mayor Frankel declared the public hearing open. Jeff Costello Assistant Director of Community Redevelopment Agency W&A 20 N. Swinton Avenue DelraV Beach FL 33444 (Applicant), thanked Bob Ganger and Dottie Patterson of the Delray Beach Historical Society for preparing the designation report and for their assistance on this. There being no one else from the public who wished to address the Commission regarding Ordinance No. 16 -10, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 16 -10 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Vice Mayor Frankel — Yes. Said motion passed with a 4 to 0 vote. IO.C.1. WAIVER REQUESTS/THE HARVEL HOUSE: Consider approval of waiver requests to Land Development Regulations (LDR) Section 4.5.1(E)(6), "Relocation ", and 4.4.13(F), "Development Standards ", associated with the relocation of "The Harvel House" to 186 N.W. 5t' Avenue. (Quasi Judicial Hearing) Vice Mayor Frankel 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 -143 into the record. Mr. Dorling stated this is modifying an original condition of approval that the Commission placed upon this project and an approval of two waivers; one that is similar to the condition of approval and relates to LDR Section 4.5. 1 (E)(6)(a) and one to provide relief and flexibility to the height, front setbacks, paving, and side interior 14 07/20/10 setbacks of the proposed development by waiving the required CBD Development Standards in the LDRs. Staff recommends approval of the two waivers and modification of the condition of approval that was originally placed on the project. Jeff Costello, Assistant Director of the CRA, thanked staff for their support and stated he is present for any questions the Commission may have. Vice Mayor Frankel declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross- examination or rebuttal. Mrs. Gray stated she is favor of this historical house being moved to N.W. 5th Avenue because she feels it will be a plus to that community and add to the historical district. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Vice Mayor Frankel — Yes; Mrs. Gray -- Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 09 -10 SECOND READING /SECOND PUBLIC HEARING): City initiated amendments to the Land Development Regulations (LDR), Article 4.4, "Base Zoning District ", Section 4.4.9, "General Commercial District ", Subsection (B), "Principal Uses and Structures Permitted "; Section 4.4.13, "Central Business District ", Subsection (B), "Principal Uses and Structures Permitted "; Section 4.4.15, "Planned Office Center District ", Subsection (B), "Principal Uses and Structures Permitted "; Section 4.4.16, "Professional and Office District ", Subsection (B), "Principal Uses and Structures Permitted "; Section 4.4.17, "Residential Office District ", Subsections (B), "Principal Uses and Structures Permitted ", and (G), "Supplemental District Regulations "; amending Appendix "A ", "Definitions ", to enact revised or new definitions for "Medical Clinics ", "Medical Laboratory ", and "Professional Offices ". The caption of Ordinance No. 09 -10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, ARTICLE 4.4, "BASE ZONING DISTRICT ", SECTION 4.4.9, "GENERAL 15 07/20/10 COMMERCIAL DISTRICT ", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT ", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED "; SECTION 4.4.15, "PLANNED OFFICE CENTER DISTRICT ", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED "; SECTION 4.4.16, "PROFESSIONAL AND OFFICE DISTRICT ", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED "; SECTION 4.4.17, "RESIDENTIAL OFFICE DISTRICT ", SUBSECTIONS (B), "PRINCIPAL USES AND STRUCTURES PERMITTED ", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS ", TO SPECIFY AND CLARIFY MEDICALLY RELATED USES; AMENDING APPENDIX "A ", "DEFINITIONS ", TO ENACT REVISED OR NEW DEFINITIONS FOR "MEDICAL CLINIC ", "MEDICAL LABORATORY ", "MEDICAL OFFICE ", AND "PROFESSIONAL OFFICES" PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 09 -10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a City - initiated text amendment with the intent to clarify that medical office uses are allowed in multiple zoning districts based upon current and past practices. Mr. Dorling stated the following zoning districts will now specifically include "Medical Office" use: General Commercial, Central Business District, Planned Office Center, Professional and Office District, and Residential Office. In addition, Mr. Dorling stated the additional term "Clinic" is revised to "Medical Clinic" and changes are made to highlight the more expansive service, i.e., outpatient surgery allowed within these facilities. A new term "Medical Laboratory" and a corresponding definition are also included, as well as a revision to the "Professional Office" definition to include specific examples. At its meeting of May 5, 2010, the Historic Preservation Board (HPB) reviewed Ordinance No. 09 -10 and recommended approval; at its meeting of May 5, 2010, the Pineapple Grove Main Street (PGMS) committee reviewed Ordinance No. 09- 16 07/20/10 10 and recommended approval; at its meeting of May 11, 2010, the Downtown Development Authority (DDA) reviewed Ordinance No. 09 -10 and recommended approval; at its meeting of May 12, 2010, the West Atlantic Redevelopment Coalition (WARC) reviewed Ordinance No. 09 -10 and recommended approval; at its meeting of May 13, 2010, the Community Redevelopment Agency (CRA) reviewed Ordinance No. 09 -10 and recommended approval; at its meeting of June 21, 2010, the Planning and Zoning Board reviewed Ordinance No. 09 -10 and recommended approval with a 6 to 0 vote. Vice Mayor Frankel declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 09 -10, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 09 -10 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Vice Mayor Frankel — Yes; Mrs. Gray — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 4 to 0 vote. 10.E. ORDINANCE NO. 11 -10 (SECOND READING/SECOND PUBLIC HEARING): Consider a city nitiated amendment to the Land Development , y Regulations (LDR), Article 4.3, "District Regulations, General Provisions ", Section 4.3.3, "Special Requirements for Specific Uses ", Subsection (Q), "Guest Cottage ", and Subsection (Y), "Bed and Breakfast Inns ", to clarify and amend bed and breakfast inn use requirements; amending Article 4.4, "Base Zoning District ", Section 4.4.6, "Medium Density Residential (RM) District ", Subsection (D), "Conditional Uses and Structures Allowed ", to add bed and breakfast inn as a conditional use; amending Section 4.4.13, "Central Business (CBD) District ", Subsection (B), "Principal Uses and Structures Permitted ", and Subsection (D), "Conditional Uses and Structures Allowed "; Section 4.4.17, "Residential Office (RO) District ", Subsection (D), "Conditional Uses and Structures Allowed"; and Section 4.4.24, "Old School Square Historic Arts District ", Subsection (B), "Principal Uses and Structures ", to clarify bed and breakfast inn uses; amending Appendix "A ", "Definitions ", to enact revised definitions for "Bed and Breakfast Inn ", and "Guest Cottage ". The caption of Ordinance No. 11 -10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, BY AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS ", SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES ", SUBSECTION (Q), "GUEST COTTAGE ", AND SUBSECTION (Y), BED AND BREAKFAST INNS ", TO AMEND AND CLARIFY THE REQUIREMENTS FOR 17 07/20/10 BED AND BREAKFAST INNS; AMENDING ARTICLE 4.4, BASE ZONING DISTRICT ", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT ", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED ", TO ADD BED AND BREAKFAST INN AS A CONDITIONAL USE; AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT ", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED ", AND SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED "; SECTION 4.4.17, "RESIDENTIAL OFFICE (R.0) DISTRICT ", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; AND SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT ", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES ", TO CLARIFY BED AND BREAKFAST INN USES; AMENDING APPENDIX "A ", "DEFINITIONS ", TO ENACT REVISED DEFINITIONS FOR "BED AND BREAKFAST INN ", AND "GUEST COTTAGE"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 114 0 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a City - initiated text amendment to LDR Section 4.3.3(Y) to add Bed and Breakfast Inn as a conditional use in the RM (Multi - Family, Medium Density) zoning district, and modification of the related special requirements and some of those in summary establish a minimum separation of 300 feet between Bed and Breakfast facilities, requires that parking regulations be residential in character so they do not detract from the character of the neighborhood, allows historic structures to add bathrooms to accommodate the use, and limits events to guests that stay at the facility. Mr. Dorling stated the current ordinance will allow these facilities to be established in historic structures individually designated or contributing structures within specific historic districts, that the maximum stay shall not exceed 14 days within a 30 day period, that no more than one (1) employee may be employed in the management or administration of the facility, that an existing guest cottage may be utilized as the primary residence of the property owner, and if historically designated for paying guests; and, that breakfast may be the only meal provided on site, and may not be served after 11:00 a.m. 18 07/20/10 At its meeting of June 8, 2010, the West Atlantic Redevelopment Coalition (WARC) reviewed Ordinance No. 11 -10 and recommended approval; at its meeting of June 10, 2010, the Community Redevelopment Agency (CRA) reviewed Ordinance No. 11 -10 and recommended approval; at its meeting of June 14, 2010, the Downtown Development Authority (DDA) reviewed Ordinance No. 11 -10 and recommended approval; at its meeting of June 16, 2010, the Historic Preservation Board (HPB) reviewed Ordinance No. 11 -10 and recommended approval with a 6 to 0 vote with the recommendation that the use not be allowed in R -1 (Single - Family Residential) or RL (Multi- Family, Low Density) zoning districts as originally proposed; at its meeting of July 7, 2010, the Pineapple Grove Main Street committee reviewed Ordinance No. 11 -10 and a recommendation will be forwarded to the City Commission upon second reading; at its meeting of July 6, 2010, the City Commission considered this ordinance and recommended approval on first reading. Vice Mayor Frankel declared the public hearing open. Benita Goldstein, 302 N.E. 7 t Avenue, Delray Beach, FL 33483 (Hartman House), stated they are going to be the proprietors of the first B „ ed and Breakfast Inn in Delray Beach and thanked the Commission for their consideration. There being no one else from the public who wished to address the Commission regarding Ordinance No. 11 -10, the public hearing was closed. Mrs. Gray moved to adopt Ordinance No. 11 -10 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice Mayor Frankel — Yes; Mrs. Gray — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 4 to 0 vote. 10.F. ORDINANCE NO. 15 -10: Consider a city initiated amendment to the Land Development Regulations (LDR) Section 6.1.10, "Water System ", to eliminate a Fire Protection Provision that conflicts with the Florida Fire Prevention Code. The caption of Ordinance No. 15 -10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 6.1.10, "WATER SYSTEM ", TO DELETE A STANDARD THAT CONFLICTS WITH THE FLORIDA FIRE PREVENTION CODE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND 'AN EFFECTIVE DATE. (The official copy of Ordinance No. 15 -10 is on file in the City Clerk's office.) 19 07/20/10 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this ordinance is to eliminate a Fire Protection Provision that is currently in the LDRs that now conflicts with the Florida Fire Prevention Code. At its meeting of June 21, 2010, the Planning and Zoning Board recommended approval with a 6 to 0 vote; at its meeting of July 6, 2010, the Commission considered the text amendment and recommended approval. Vice Mayor Frankel declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 15 -10, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 15 -10 on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Gray -- Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Vice Mayor Frankel — Yes. Said motion passed with a 4 to 0 vote. 10.G. ORDINANCE NO. 21 -10: Consider an amendment to Chapter 32 "Departments, Boards and Commissions ", by amending Section 32.66, "Meetings ", to provide for quarterly meetings of the Police Advisory Board. The caption of Ordinance No. 21 -10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS ", BY AMENDING SECTION 32.66, "MEETINGS ", TO PROVIDE FOR QUARTERLY BOARD MEETINGS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21 -10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this ordinance provides that the Police Advisory Board (PAB) will meet quarterly rather than once a month as previously was included in the ordinance. 20 07/20/10 Vice Mayor Frankel declared the public hearing open. Dr. Victor Kirso_n Vice -Chair of the Police Advisory Board, stated the Police Advisory Board was able to move from 12 meetings to 4 meetings because of the accomplishments of Police Chief Strianese. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, asked why the Police Advisory Board meetings have to be held quarterly rather than monthly and what is this going to change. There being no one else from the public who wished to address the Commission regarding Ordinance No. 21 -10, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 21 -10 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Vice Mayor Frankel — Yes; Mrs. Gray --- Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:23 p.m., the Commission moved to Item 11, Comments and Inquiries on Non - Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 11.8. From the Public. 11.B.1. Peter Lolos, 265 N.E. 14th Street, Delray_ Beach, FL 33444 (President of the Seacrest Homeowners' Association ), commented about repairing and beautifying Seacrest Boulevard and stated this project was previously scheduled to be done but it was always stopped. Mr. Lolos stated for years the condition of the road has been terrible and while driving on it the entire car vibrates. He stated they tried to beautify this in the 1990's and are still trying. Mr. Lolos stated the City has indicated that they have to do studies but then they never get the results from the studies. Mr. Lolos stated he would like to see their neighborhood beautified and give it the residential look. 11.13.2. Alice Finst 707 Place Tavant Delray Beach FL 33445 stated this past week she was looking for parking east of the Intracoastal waterway and went to the city lot on the west side of the Marriot but it was not open to the public. Mrs. Finst stated she then went across the street to the Seagate and was told there was no city parking. Mrs. Finst asked for clarity on the parking usage and noted this would be greatly appreciated. 21 07/20/10 11.B.3. Ann Stacey Wright, Atlantic Park Gardens Homeowners' Association and also a member of the Southwest Neighborhood Association Coalition, recognized Jennifer Costello, Neighborhood Planner, with a Certificate of Appreciation on behalf of the active members of the Southwest Neighborhood Association Coalition. I1.B.4. Pauline Moodv. 609 S.W. 8th Avenue Delray Beach FL 33444 stated with regard to S.W. I Oh Street she had requested that the city clean up underneath 1 -95 and by the railroad tracks and noted some cement blocks have been discarded there. Ms. Moody stated going up 10t1i Street there are palm trees growing out of it and trash that people have been throwing there. She stated in addition to the trash, there are several stray dogs that lie there sleeping and requested that this be cleaned up. Secondly, Ms. Moody thanked the City Commission for the fence repair at the cemetery; however, she stated people still walk through the cemetery and jump over the fence to get into Auburn Trace. 11.B.5. Anna Ridolfo, 800 Tropic _Isle Drive, FL 33483, representing Tropic Harbor Association to ether with Pelican Harbor Tropic Bay, and Tropic Isles stated they are very concerned about the possibility of a Wal- Mart in their community. She stated plunking down a big -box store with the residential community is bad news and feels it guarantees that the real estate value of the homes will plunge even further. Ms. Ridolfo stated rezoning to accommodate Wal -Mart will set a precedent for accommodating other big -box stores side -by -side with residential sites. She feels the quality of life will be degraded by the noise, traffic, crowding, and the increased opportunity for theft. Ms. Ridolfo stated Tropic Harbor stands firmly against the rezoning at the site of the former Buick dealership and urged the Commission to help Tropic Harbor maintain their quality of life. 1LB.6. Dr. Victor Kirson 2050 Alta Meadows Lane ##2110 DeIrwy Beach FL 33444 resident of the Board of Directors at Tierra Verde at Delray Beach and Vice Chairman of the Police Advisory Board spoke briefly about the socio- economic state of Delray Beach and stated he would like to see it remain where it is and possibly even improve. Dr. Kitson thanked the City Commission for voting against the CVS Pharmacy but noted there are two major issues; Wal -Mart and Carver Estates as currently presented. He echoed comments expressed about Wal -Mart and feels we do not need 250 $9.00 jobs in Delray Beach and do not need people driving through our city from other cities to go to a Wal -Mart. Dr. Kitson stated with regard to Carver Estates, they are anticipating 31 single- family homes, 68 townhouses, and 144 low - income government subsidized apartments less than 900 square feet. Dr. Kitson stated unless this can be stipulated that this could be for seniors then we have no security. He stated one year ago this was a moderate- income project and at least 20 of the residents of that area said it is going to bring in crime, drug addicts and drug dealers and expressed that they did not want this project. Dr. Kitson reiterated that Carver Estates is proposed for low- income not moderate - income and feels unless the seniors are going to come in and uplift the area then we could be in trouble and he would like to see that changed. 22 07/20/10 11.B.7. Betty Goodman, 930 S.W. 11th Terrace, Delray Beach, FL 33444, expressed concern over the possibility of another Wal -Mart going up when there is already one out west. Ms. Goodman stated this will only close down other businesses and she feels the City is just going to replace one store with employees for another store with employees. She stated this does not make sense and urged the Commission to really think about this. 11.B.8. Edward Mars 308 S.W. 9th Street Delray Beach FL 33444 stated it would be nice, if everybody in the City of Delray Beach was making a good salary where they would not have to live in a low- income home. Mr. Mars stated low- income homes do not bring crime to a city and feels if the Police Department or the person in charge is not doing their job then you will have problems and it does not matter if it is Carver Estates, Sherwood Park, or East Atlantic Avenue. He stated everyone who lives in Delray Beach is not going to be able to afford a home so the city needs to think of the people who want to do good if given the chance. At this point, the time being 7:38 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 22 -10: An ordinance amending Chapter 51, "Garbage and Trash ", of the Code of Ordinances in order to clarify certain terms and to provide consistency between the solid waste franchise agreement and City ordinances. If passed, a public hearing will be scheduled on August 3, 2010. The caption of Ordinance No. 22 -10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.01, "DEFINITIONS "; SECTION 51.18, "TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE AND TRASH "; SECTION 51.22, "VEGETATIVE WASTE "; SECTION 51.23, "BULK TRASH "; SECTION 51.40, "PLACEMENT OF CONTAINERS AND TRASH; PRECOLLECTION PRACTICES; SECTION 51.70, "REGULAR CHARGES LEVIED "; SECTION 51.71, "PAYMENT AND BILLING"; SECTION 51.77, "UNBILLED PROPERTIES; REMEDIAL MEASURES ", TO CLARIFY THE SERVICES AND BILLING PROCEDURES AND TO PROVIDE FOR CONSISTENCY BETWEEN CITY ORDINANCES AND THE FRANCHISE AGREEMENT; PROVIDING A 23 07/20/10 office.) GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22 -10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. The City Attorney stated at the July 13, 2010 Workshop Meeting the Commission heard a presentation on recommendations regarding the City's garbage collection and billing issues. He stated this is a process to implement some of those recommendations. The City Attorney stated the City has to change its City ordinances as well as the franchise agreement. The City Attorney stated if this ordinance passes tonight, on the August 3, 2010 meeting, the Commission will have the amendment to the franchise agreement as well as this ordinance coming back for second reading. Mr. Eliopoulos stated there are several emails floating around regarding the Waste Management contract asking why the City is settling. He stated he feels the City has gone as far as they can go with any gray areas that might indicate any possibility of litigation. Mr. Eliopoulos stated one of the concerns expressed by a resident was a rear -door service and asked if staff is going to resurvey the east side. Lula Butler, Director of Community Improvement, stated she would like to wait until the fall until more residents are back in town because many of the residents are away. Mrs. Butler stated the City will resurvey all of the rear -door service areas in early fall. Mrs. Gray commended staff for all their hard work. Mrs. Gray asked if staff is going to address the way the City is billing as well. Mrs. Butler stated at this time staff is proposing to address the rear -door service only. Vice Mayor Frankel complimented staff for a job well done. Mr. Eliopoulos moved to approve Ordinance No. 22 -10 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer —Yes; Vice Mayor Frankel — Yes; Mrs. Gray — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved back to Item 9.F. of the Regular Agenda. 9.F. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint two (2) regular members to the Financial Review Board to serve two (2) year terms ending July 31, 2012 and one (1) alternate member to serve an unexpired term ending July 31, 2011. Based on the rotation system, the appointments will be made by Commissioner. Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor McDuffic (Seat #5). 24 07/20/10 Vice Mayor Frankel stated he wished to appoint Luise Piane as a regular member to the Financial Review Board to serve a two (2) year term ending July 31, 2012. Mr. Eliopoulos so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 4 to 0 vote. Mrs. Gray moved to appoint Ellen Major Hanna as a regular member to the Financial Review Board to serve a two (2) year term ending July 31, 2012, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 0 vote. Mayor McDuffie's appointment will be deferred until the next regular meeting of August 3, 2010. 9.G. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint six (6) regular members and one (1) student member to the Police Advisory Board to serve two (2) year terms ending on July 31, 2012. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4). Vice Mayor Frankel stated he wished to appoint Brian Smith as a regular member to the Police Advisory Board to serve a two (2) year term ending on July 31, 2012. Mr. Eliopoulos so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Gray stated she has to withdraw her appointment (Ellen Major Hanna) for the Financial Review Board because she thought it was for the Police Advisory Board. The City Attorney stated the Commission would have to make a motion to reconsider the motion for Item 9.F. Mr. Eliopoulos moved to reconsider Commissioner Gray's appointment under Item 9.F., seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Vice Mayor Frankel — Yes; Mrs. Gray — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Gray made her appointment to the Financial Review Board. Mrs. Gray moved to appoint Barbara Trevino as a regular member to the Financial Review Board to serve a two (2) year term ending July 31, 2012, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice Mayor Frankel — Yes; Mrs. Gray — Yes; Mr. EIiopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with 25 07/20/10 a 4 to 0 vote. Mrs. Gray moved to appoint Ellen Major Hanna as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2012, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 0 vote. Mayor McDuffie's appointment will be deferred until the next regular meeting of August 3, 2010. Mr. Eliopoulos moved to appoint Carl Forrest as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel —Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. Mr. Fetzer moved to appoint Jeff Ritter as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2012, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 4 to 0 vote. Vice Mayor Frankel stated he wished to appoint Dr. Victor Kirson as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Vice Mayor Frankel — Yes; Mrs. Gray — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 4 to 0 vote. Mrs. Gray moved to appoint Edith Thompson as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2012, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 0 vote. 9.H. APPOINTMENTS TO THE EDUCATION BOARD: Appoint five (5) regular members to the Education Board to serve two year terms ending July 31, 2012 and one (1) student member to serve a one (1) year term ending July 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2). Mr. Fetzer moved to appoint Debra Kaiser as a regular member to the Education Board to serve a two (2) year term ending July 31, 2012, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos ---- Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. 26 07/20/10 Vice Mayor Frankel stated he would like to reappoint Kenneth Zeno as a regular member to the Education Board to serve a two (2) year term ending July 31, 2012. Mrs. Gray so moved, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Vice Mayor Frankel — Yes; Mrs. Gray — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 4 to 0 vote. Mrs. Gray moved to reappoint Sandra Weatherspoon as a regular member to the Education Board to serve a two (2) year term ending July 31, 2012, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice Mayor Frankel — Yes; Mrs. Gray — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 4 to 0 vote. Mayor McDuffie's appointment will be deferred until the next regular meeting of August 3, 2010. Mr. Eliopoulos moved to reappoint Derline Pierre -Louis as a regular member to the Education Board to serve a two (2) year term. ending July 31, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 0 vote. Mr. Fetzer moved to appoint Luke Eliopoulos as a student member to the Education Board to serve a one (1) year term ending July 31, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos ---- Yes; Mr. Fetzer — Yes; Vice Mayor Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. 9.I. APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint four (4) regular members to the Green Implementation Advancement Board to serve two (2) year terms ending on July 31, 2012. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4). Mr. Eliopoulos moved to appoint Laura Reines as a regular member to the Green Implementation Advancement Board to serve a two (2) year term ending July 31, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Vice Mayor Frankel — Yes; Mrs. Gray — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 4 to 0 vote. Mr. Fetzer moved to reappoint Ana DeMelo as a regular member to the Green Implementation Advancement Board to serve a two (2) year term ending July 31, 2012, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 4 to 0 vote. 27 07/20/10 Vice Mayor Frankel moved to reappoint Rita Johnson as a regular member to the Green Implementation Advancement Board to serve a two (2) year term ending July 31, 2012. Mrs. Gray so moved, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Vice Mayor Frankel — Yes. Said motion passed with a 4 to 0 vote. Mrs. Gray moved to reappoint Jayne King as a regular member to the Green Implementation Advancement Board to serve a two (2) year term ending July 31, 2012, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. 9_J. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint three (3) regular members to the Public Art Advisory Board to serve two (2) year terms ending July 31, 2012 and one (1) regular member to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat 41), Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat # 4). Mr. Eliopoulos moved to reappoint Dana Donaty as a regular member to the Public Art Advisory Board to serve a two (2) year term ending July 31, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 4 to 0 vote. Mr. Fetzer moved to reappoint Richard McGloin as a regular member to the Public Art Advisory Board to serve a two (2) year term ending July 31, 2012, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice Mayor Frankel — Yes; Mrs. Gray — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 4 to 0 vote. Vice Mayor Frankel stated he wished to appoint Sandi Franciosa as a regular member to the Public Art Advisory Board to serve a two (2) year term ending July 31, 2012. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mr. Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 0 vote. Mrs. Gray moved to reappoint Michiko Kurisu as a regular member to serve an unexpired term ending July 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer -- Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. 9.K. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member from Zone 1 to the Neighborhood Advisory Council to serve a three (3) year term ending July 31, 2013 and appoint one (1) student member to serve a one (1) year term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1) 28 07/20/10 and Commissioner Fetzer (Seat #2). Mr. Eliopoulos moved to appoint Harriet Meltzer (Zone 1) as a regular member to the Neighborhood Advisory Council to serve a three (3) year term ending July 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -- Yes; Vice Mayor Frankel — Yes; Mrs. Gray — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 4 to 0 vote. Mr. Fetzer stated he would like to defer his appointment until the next regular meeting of August 3, 2010. 9.L. RECONSIDERATION/WAIVER OF RENTAL FEES REQUEST/ROOTS CULTURAL FESTIVAL, INC.: Reconsider the request for waiver of rental fees for the Youth Basketball Tournament to be held July 23 -25, 2010, at Pompey Park and the Community Center and for the Prayer Breakfast/Health Fair proposed to be held at Pompey Park on August 14, 2010. (ADDENDUIVI) The City Manager commented about an email from Linda Karch, Director of Parks and Recreation, listing various organizations that have not been charged fees and may not have come to the City Commission for a waiver but for various reasons they have not been charged fees. The City Manager stated last year a commercial entity held the Antique Show and were given a flat rate of $1,000.00 a day rather than being charged an hourly rate; the All Peoples Day Diversity Festival paid $245.00 and there are others that have not been charged fees a/k/a Sorority Annual Tea is not charged a fee, the Keith Straghn Memorial Foundation is not charged a rental fee; the Martin Luther King Day Celebration is not charged a fee; the Roots Cultural Festival has been waived in the past and ZETA PHI BETA Sorority Annual Senior Citizens Dinner has not been charged a rental fee. The City Manager stated what was presented last time was a fee for the basketball tournament of $3,125.00 spread over three days and then the Prayer Breakfast Health Fair $1,165.00 and the City Commission agreed not to waive that. The City Manager stated this is before the Commission now with this additional information to see if they chose to grant the waiver for this year or if they want to consider a lesser fee based on the precedent they have with other organizations. Linda Karch, Director of Parks and Recreation, stated one of the things that staff actually talked about before they gave the information to the Commission was separating profit from non-profit organizations. Ms. Karch stated staff presented fees last October and then came back to include fees for rental of rooms primarily at Pompey Park for homeowner associations and non - profit groups for the room rentals. She stated many of the homeowner associations left the facility because the fees were too high so staff came back and separated the non - profits from the profit organizations and also homeowner associations. Mrs. Karch stated staff also discussed charging flat rates for multi-day weekends because once you get into the hourly rates you really build up the hours especially for the non - profits. She stated having separate rates for profits and non- profits as well as multi -day rates would be beneficial to the organizations the City is trying to help. 29 07/20/10 Mr. Eliopoulos stated for four years there have been budget issues due to the economy and the City has been cutting all along trying not to affect the community. Mr. Eliopoulos stated last year in April at a Workshop Meeting he stated that we need to start notifying all the non - profits about the City's situation and they need to be prepared and realize that times are changing, the environment is different, and the City cannot afford what it once could. Mr. Fetzer stated the City is going through some serious times right now with the City's budget. He stated he went to Village Academy this morning and visited the basketball camp and it would break his heart to have to cut funding from something like this. Mr. Fetzer stated he deeply appreciates what is being done for these young people but we have some hard realities with the budget to face. Mr. Fetzer stated he will support this with the condition that the Commission re- evaluates the City's policy on this and that this does not become a precedent that the City has to fund. Mrs. Gray thanked the Commission for reconsideration of this and stated the Roots Cultural Festival is one of the oldest organizations in the City of Delray Beach. She stated the Roots Cultural Festival has been very supportive in having events and programs for the youth as well as the adults. Mrs. Gray stated hopefully they can work with all the non - profit organizations however, if the Commission is going to cut one organization that they do cut all of them. Vice Mayor Frankel thanked the Commission and staff for the additional information. Mr. Eliopoulos moved to approve the reconsideration /waiver of rental fees request /Roots Cultural Festival, Inc., seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Vice Mayor Frankel — Yes. Said motion passed with a 4 to 0 vote. At this time, the time being 8:09 p.m., the Commission moved to Item 13, Comments and Inquiries on Non - Agenda Items. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 13.A. City Manager The City Manager suggested that the Commission schedule a Budget Work Session to discuss some of the options that we have and staff can report exactly where we are as we continue to look for ways to cut the budget without affecting peoples' take home pay. It was the consensus of the Commission to hold a Budget Work Session on Monday, August 2, 2010 at 6:00 p.m. Mr. Eliopoulos asked if this meeting should be held in the Commission Chambers. The City Manager stated he does not believe that we need to hold this particular meeting in the Commission Chambers; however, if the Commission decides to schedule additional Work Sessions in August then he would suggest that those meetings be held in the Commission. Chambers. The City Clerk Kill 07/20/10 pointed out that the meeting between the DMC and the DDA is scheduled for Monday, August 2, 2010. The City Manager stated Sara and Marjorie and have asked him to meet with them to try to work out everything and they are taking it back to their Boards; and, if the Boards agree to what they have agreed to, then there will not be a need for them to meet on August 2, 2010. Secondly, the City Manager stated he received a letter from Joseph Safford, Finance Director, announcing his intent to retire on October 15, 2010 and the City will do a national search for his replacement. U.B. City Attorney The City Attorney had no comments or inquiries on non- agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer commented about the emails regarding the name change for Delray Beach and stated he is pleased to see everyone in town getting behind this voting for Delray to be considered the top ten tennis destination. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos wished Joseph Safford the best in his retirement and thanked him for his service to Delray Beach. 13.C.3. Mrs. Gray Mrs. Gray stated she attended the XPE Sports fundraiser last Thursday evening and it was truly the place to be. Secondly, Mrs. Gray thanked the Commission and staff for everything they have done with reconsidering the Roots Cultural Festival waiver. Lastly, Mrs. Gray announced that the Roots Cultural Festival Youth Basketball Tournament is this weekend and they will have approximately 6 -7 NFL players there and they have also invited some NBA players. 13.C.4. Mr. Frankel Mr. Frankel stated the XPE Sports event was excellent. Secondly, he attended the P.R.O.D, (Progressive Residents of Delray) Luncheon over the weekend at the Marriott Hotel and some of those in attendance were 31 07/20/10 Senator Bill Nelson, Congressman Klein, Congressman Deutch and many local officials. Mr. Frankel congratulated P.R.O.D. for a job well done. Lastly, Mr. Frankel stated he attended the Employee Awards Ceremony and presented the City Manager with his award for 20 years of service. Mr. Frankel stated it was a great event and he hopes to attend more in the future. There being no further business, Vice Mayor Frankel declared the meeting adjourned at 8:15 p.m. ATTEST: V- VICE MAYOR City Clerk 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 July 20, 2010, which Minutes were formally approved and adopted by the City Commission on August ist 3, 2010. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 32 07/20/10