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09-07-10 Regular Meeting MinutesSEPTEMBER 7, 2010 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, September 7, 2010. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. . The opening prayer was delivered by Reverend Michael McClure with West Park Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie noted the addition of Item 7.C., Presentation to Mayor Joseph Bernadel of Toussaint L `Overture International School Inc. on behalf of Frank McKinney and the City of Delra Beach regarding the Haiti earth qua relief efforts by addendum. Mr. Eliopoulos requested that Item S.P., Rejection of Bids/Professional Services_ Vendor List/Neiahborhood Stabilization ProL-ram (NSP) of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. and Item 8.T., Review of Appealable Land-Development Board Actions (SPRAB Item #5) of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. Mr. Eliopoulos moved to approve the 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; Mr. Eliopoulos — Yes. Said motion passed with a 5 to 0 vote. 09/07/10 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Regular Meeting of August 17, 2010, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Reco nizin Boys and Girls Club Day for Kids Mayor McDuff c read and presented a proclamation hereby proclaiming Saturday, September 25, 2010 as Boys and Girls Club Day for Kids. Representatives of the Boys and Girls Club came forward to accept the proclamation and gave a few brief comments. 6.13. Recognizing and Commending the Defray Beach Ocean Rescue Competition Team Mayor McDuff e read and presented a proclamation hereby recognizing and commending the winners for their representation of the City of Delray Beach and offered them congratulations on a job well done in the United States Lifesaving Association 2010 Southeast Regional Competition. Heather Irurzun came forward to accept the proclamation and thanked the City Commission for all their support. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 44 -10: Approve Resolution No. 44 -10 recognizing and commending Geoffrey Cooper for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 44 -10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING GEOFFREY A. COOPER FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 44 -10 is on file in the City Clerk's office.) Mayor McDuffie read and presented Resolution No. 44 -10 to Mr. Geoffrey Cooper for 30 years of dedicated service to the City of Delray Beach. 2 09/07/10 Mr. Eliopoulos moved to approve Resolution No. 44 -10, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel --- Yes. Said motion passed with a 5 to 0 vote. 7.B. RESOLUTION NO. 45-10: Approve Resolution No. 45 -10 recognizing and commending Thomas Tustin for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 45 -10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING THOMAS H. TUSTIN FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 45 -10 is on file in the City Clerk's office.) Mayor McDuffie read and presented Resolution No. 45 -10 to Mr. Thomas Tustin for 30 years of dedicated service to the City of Delray Beach. Mr. Fetzer moved to approve Resolution No. 45 -10, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 7.C. Presentation to Major Joseph Bernadel of Toussaint L `Overture International School Inc. on behalf of Frank McKinney and the City of Delray Beach regarding the Haiti earth wake relief efforts. ADDENDUM Mayor McDuffie stated on January 12, 2010, Haiti was struck with a devastating earthquake and less than 24 hours after the earthquake the City of Delray Beach was contacted by real estate developer, philanthropist, artist and Delray Beach resident Mr. Frank McKinney. Mr. McKinney assembled a rescue team and was hoping to obtain a team with specially trained Delray Beach fire - rescue personnel to assist with this life saving mission. Mayor McDuffie stated within hours four Delray Beach Fire - Rescue volunteers were selected and on a plane with seven others including members of the West Palm Beach Fire- Rescue, Davie Fire - Rescue and the Colorado National Guard. He stated 72 hours after the earth quake the team was able to assist in the removing of and transported four victims out of the rumble. Mayor McDuffie presented a plaque to Major Joseph Bernadel. 3 09/07/10 Frank McKinney stated they are here to recognize that the City of Delray Beach responded in a proactive nature. Mr. McKinney stated Delray Beach was the first municipality to answer the call and the second state in the United States to be represented in Haiti. Mr. McKinney stated because they were there early they were able to save four lives. David James, Fire Chief, and Major Joseph Bernadel gave a few brief comments and thanked everyone for their support. At this point, Mayor McDuffie stated that Ordinance No, 24 -10 is a rezoning ordinance on South Federal Highway and is on the Agenda this evening as a first reading. Mayor McDuffie stated first readings allow no public comments and there will not be a comment other than our own staff. If the Commission passes this ordinance this evening, it will move to September 21, 2010 and on that meeting will become a public hearing at which time the public can speak. In addition, Mayor McDuffie stated with regard to Ordinance No. 27 -10 redefining pharmacies, staff has requested to postpone this ordinance until September 21, 2010 as well. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 48 -10 TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS /124 NORTH SWINTON): Approve a tax exemption request for eligible improvements to the property located at 124 North Swinton Avenue within the Old School Square Historic District; and approve Resolution No. 48 -10. The caption of Resolution No. 48 -10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO ISABELLA INVESTMENTS, INC. FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 124 NORTH SWINTON AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATIONS (LDR) SECTION 4.5.1(M)(5); PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 48 -10 is on file in the City Clerk's office.) 8.B. HOLD HARMLESS AGREEMENT /3594 ENSIGN CIRCLE: Approve a Hold Harmless Agreement between the City and Monster Polymers, Inc. for 3594 Ensign Circle associated with the encroachment of the outdoor barbeque cooking center within the platted utility easement. 0 09/07/10 S.C. RESOLUTION NO. 46- 10/REIMBURSEMENT RESOLUTION: Approve and adopt Resolution No. 46 -10 which allows the City to be reimbursed from future borrowing for expenses relative to Fire and Police hardware and software from a proposed Lease Purchase Agreement. The caption of Resolution No. 46 -10 is as follows: DECLARATION OF OFFICIAL INTENT WITHRESPECT TO REIMBURSEMENT OF TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES TO BE MADE FROM SUBSEQUENT BORROWINGS. (The official copy of Resolution No. 46 -10 is on file in the City Clerk's of(i ce.) S.D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/ HARDRIVES, INC.: Approve a Contract Closeout (Change Order No. 2/Final) in the amount of a $5,430.15 decrease and final payment amount of $5,120.16 to Hardrives, Inc. for the completion of the Douglas Avenue Improvements. Funding is available from 441 - 5161- 536 -68.28 (Water /Sewer Fund/Improvements Other/Douglas Ave) and 118- 1965- 554 -61.91 (Neighborhood Services: Capital Outlay/Infrastructure). S.E. SERVICE AUTHORIZATION NO. 07-04.1—(AMENDMENT NO. 3/KIMLEY -HORN AND ASSOCIATES INC.IMARTIN LUTHER KING JR. DRIVE BEAUTIFICATION PROJECT: Approve Service Authorization No. 07 -04.3 in the amount of $7,770.00 with Kimley -Horn and Associates, Inc. for professional services in designing a reclaimed water transmission and distribution system for the Martin Luther King Jr. Drive Beautification Project. Funding is available from 441 -5181- 536 -65.96 (Water and Sewer Fund /Other Improvements/Reclaimed Water Transmission). S.F. SERVICE AUTHORIZATION AMENDMENT NO. 07- 15.1/MATHEWS CONSULTING, INC.: Approve Service Authorization Amendment No. 07 -15.1 in the amount of $39,070.00 with Mathews Consulting, Inc. for the design of S.W. 12'h Avenue /Auburn Avenue /S.W. 14th Avenue Improvements. Funding is available from 334 - 3162 - 541 -68.04 (General Construction Fund: Other Improvement/S.W. 12' Avenue /Auburn/14a' Avenue), 8.G. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER / GRANT APPLICATION/DEPARTMENT OF HOMELAND SECURITY: Provide authorization for the submittal of a Staffing for Adequate Fire and Emergency Response grant application in the amount of $595,982.00 to hire four (4) additional Firefighter/Paramedics to complete the staffing at Fire Station No. 2. 9 09/07/10 8.11. EXTENSION OF VALET PARKING QUEUES LICENSE AGREEMENTS: Approve an extension of all Valet Parking License Agreements, on a month to month basis, under the current terms and conditions, to allow for review of the program as it relates to the findings of the Parking Study. 8.1. ACCEPTANCE OF THE PARKING MANAGEMENT PLAN: Accept the Parking Management Plan recently completed by Kimley Horn and direct staff to work with the Parking Management Advisory Board (PMAB) in its implementation. 8.J. REVISION TO THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) PLAN/FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: Approve a revision to the Neighborhood Stabilization Program Plan budget to reallocate disposition line item funds to the acquisition line item funds at the request of the Florida Department of Community Affairs. 8.K. AGREEMENT/BUCKY DENT'S BASEBALL SCHOOL: Approve an Agreement between the City and Bucky Dent's Baseball School in the amount of $115,200.00 to provide field maintenance services for Robert P. Miller Park and Currie Commons Park. Funding to be available from 001 - 4131 -572 -34.90 (General Fund/Other Contractual Service). 8.L. DONATION/PLUMOSA SCHOOL OF THE ARTS: Approve a donation of approximately 1,000 square feet of brick pavers to Plumosa School of the Arts for use in a Commemorative Brick Pathway leading up to the Performing Arts Auditorium. S.M. GRANT AWARD/RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Approve and accept the FY 20102011 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) award in the amount of $66,560.00 which will provide funding to support the Holiday Robbery Task Force. 8.N. EXTENSION TO THE MAINTENANCE AND SUPPORT AGREEMENT/MOTOROLA, INC.: Approve an extension to the Maintenance and Support Agreement between the City and Motorola, Inc. in the amount of $128,241.84 for Police, Fire, and other City Departments' radio system maintenance. Funding is available from various accounts. 880. ADOPTION OF BEACH MASTER PLAN: Approve adoption of the Beach Master Plan. S.P. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. re 09/07/10 _80. REVISIONS TO SPECIAL EVENT POLICIES AND PROCEDURES: Approve the revisions and changes to Special Event Policies and Procedures with an effective date of October 1, 2010. S.R. ALTERNATIVE WATER SUPPLY GRANT ACKNOWLEDGEMENT /SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Approve and authorize the Mayor to execute an acknowledgement required to apply to the South Florida Water Management District (SFWMD) for an alternative water supply grant to supplement funding for the construction of the Area 11B reclaimed water system project on the barrier island. 8.S. SPECIAL EVENT REQUEST/11TH ANNUAL DOWNTOWN DELRAY BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a special event request for the 11 t Annual Downtown Delray Beach Thanksgiving Weekend Art Festival to be held on November 27 -28, 2010 from 10:00 a.m. until 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use of NE 2nd Avenue from the alley just north of Atlantic Avenue to approximately 300 feet south of NE 3rd Street, to utilize City Hall parking lot for vendor parking, and to authorize staff support for traffic control, security, and Fire Inspector with the sponsor paying all overtime costs. S.T. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. S.U. ; AWARD OF BIDS AND CONTRACTS: 1. Contract award to Kelly Janitorial System, Inc. in the amount of $26,254.32 for annual janitorial services at the Delray Beach Municipal Golf Course. Funding" is available from 445- 4711 -572- 34.90 (Delray Beach Municipal Golf Course /Other Contractual Service) 2. Contract award to Action Labor Management, LLC d/b /a/Staffing Connection to perform crossing guard services for schools located within the City's jurisdiction for a period of three (3) years with the option to renew up to an additional two (2) years. Funding is available from 001 -2115- 521 -34.90 (General Fund /Other Contractual Services). 3. Bid award to MWI Pumps in the amount of $16,237.00 for the rebuild of storm water pump at the Atlantic Avenue Storm Water Pump Station. Funding is available from 448 - 5461 -538 -46.90 (Storm Water Utility Fund: Repair & Maintenance Service /Other Repair/Maintenance Cost). 4. Bid award to Florida Spectrum Environmental Services, Inc., the lowest responsive bidder, in the amount of $29,000.00 for the annual contract for Supplemental Laboratory Analysis for Water, Wastewater, etc. for the Water Treatment Plant lab for fiscal year 7 09/07/10 201012011. Funding is available from 441 -5124- 536 -34.90 (Water and Sewer Fund/Other Contractual Services). 5. Purchase award to Dell Computer Corporation in the amount of $1 6,732.57 for eight (8) workstations for the SunGard Public Software Project. Funding is available is from 334- 2111 -521- 64.11 (General Construction Fund: Machinery/Equipment/Computer Equipment). 6. Purchase award to E7 Ward, Inc., in the amount of $50,785.00 for the replacement automated fuel management and inventory system, including hardware and software for the Fleet Maintenance Division. Funding is available from 501- 3311 -591 -64.90 (Garage Fund: Machinery/Equipment /Other Machinery /Equipment). Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. REJECTION OF BIDS/PROFESSIONAL SERVICES VENDOR LISTINEIGHBORHOOD STABILIZATION PROGRAM (NSP): Approval to reject all bids submitted in response to the invitation to bid on four (4) NSP Housing Rehabilitation projects, and authorize staff to issue an amended Request for Qualifications (RFQ) to solicit additional contractor participation in the NSP Housing Rehabilitation program component. Mr. Eliopoulos asked based on our in -house numbers, how did staff establish those numbers and why there was such a large discrepancy with the bids. Lula Butler, Director of Community Improvement, stated staff s in -house estimates are based on the official work write up that is specified by an independent contractor that was hired to do these projects under the NSP (Neighborhood Stabilization Program). Mrs. Butler stated he is a certified licensed contractor and had to meet certain qualifications in order for the City to hire him. She stated in these four projects none of these items that are specified work to be done are structural; all the structures are in very good condition. Mrs. Butler stated they are mainly working with kitchens, bathrooms, painting and some repairing to flooring. Mrs. Butler stated staff has bid projects prior to this one (five units) and they carne in within 10% of the in -house estimates and because staff has been limited to three contractors under the RFP participating, the bids have gone higher. She stated staff believes if they can re- advertise and add additional contractors to participate they can sustain a competitive bid process and bring these within reason. 8 09/07/10 Mr. Eliopoulos moved to approve Item 9.A.A. (formerly Item 8.P.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS (SPRAB Item #5): Accept the actions and decisions made by the Land Development Boards for the period August 16, 2010 through September 3, 2010. Mr. Eliopoulos stated he would like to appeal this to the next regular meeting of September 21, 2010 which is the New Century Courtyards at Delray. Mr. Eliopoulos moved to appeal SPRAB Item #5 (New Century Courtyards at Delray), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray -- Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 5 to 0 vote. 9.A. WAIVER REQUESTS/150 N.E. IST AVENUE /OLD SCHOOL SQUARE HISTORIC DISTRICT: Consider three (3) waiver requests to Land P g Development Regulations (LDR) Section 4.6.16(H)(3)(d), "New Multiple Family, Commercial, and Industrial Development ", Section 4.6.14(B)(6), "Sight Visibility Triangle Measurements ", and Section 4.6.9(D)(4)(c -d), "Maneuvering Area, Aisle Width, Space Width ", for the property located at 150 N.E. lst Avenue (within the Old School Square Historic District). (Quasi - Judicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for a Quasi - Judicial Hearing into the record for this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010 -134 into the record. Mr. Dorling stated this item is approval for relief of four sections of the LDRs related to a single- family residence to be constructed at 150 N.E. 1st Avenue within the Old School Square Historic District. Mr. Dorling stated three of those waivers relate to a compromise between perimeter landscaping and pavement width for a parking lot which is to be provided along the south side of this single- family residence. He stated this was in conjunction with the Ocean Club restaurant that was approved on Atlantic Avenue and the parking lot was an off-site parking lot which was to provide parking for the single - family residence but for some of those employees of that restaurant as part of an in -lieu request that the Commission previously looked at. Mr. Dorling stated one of the waivers is to the landscape strip and it is required to be five feet (5') and they want to WN 09/07/10 reduce it down to two feet seven inches. The required back up area is required to be six feet and they want to reduce that to four feet in conjunction with providing a little bit more landscaping and there is a proposed reduction of the driveway width from twenty - four (24') feet to twenty -two feet (22'). Mr. Dorling stated all of these waivers were recommended by the Historic Preservation Board when this project came before it and noted the original plan showed no landscaping. The Board felt that if staff reduced a couple of dimensions and provided a little bit of landscaping that would be a better all around project. Mr. Darling stated the last item relates to the site visibility triangle along N. E. 1St Avenue from the required forty feet (40') visibility triangle to thirty -five (35'). Mr. Dorling stated this was considered at the Historic Preservation Board meeting at which time all of these waivers were recommended for approval and were suggested as a compromise going forward. Staff recommends approval of all four items. Bob Currie, Architect with Currie Sowards Aquila Architects, 134 N.E. 1St Avenue, Delray Beach, FL 33444, stated he is present for any questions the Commission may have. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one else who wished to address the Commission regarding the waiver requests, the public hearing was closed. 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: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel ---- Yes. Said motion passed with a 5 to 0 vote. 9.B. RESOLUTION NO. 47 -10 TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS1702 S.E. 2° STREET): Consider approval of a tax exemption request for eligible improvements to the property located at 702 S.E. 2" 1 Street (f/k/a 200 Marine Way) within the Marina Historic District; and approve Resolution No. 47 -10. The caption of Resolution No. 47 -10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO 200 MARINE WAY, LLP FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 702 SE 2' STREET (FKA 200 MARINE WAY), AS 10 09/07/10 FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATIONS (LDR) SECTION 4.5.1(M)(5); PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 47 -10 is on file in the City Clerk's office.) Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a tax exemption request for improvements for property at 702 S.E. 2nd Street. Mr. Dorling stated this was approval that was given by the Historic Preservation Board on September 17, 2010 and involved a relocation of a structure that was on the site and they moved the structure to the north closer to 2"d Street and included the demolition of an original one - story portion located at the rear of that structure and included one and two story additions including a two -car garage as well as the installation of a new swimming pool and additional site improvements and landscaping. Mr. Dorling stated the improvements were given a final CO (Certificate of Occupancy) by the Historic Preservation Board on June 3, 2010 and HPB considered a tax exemption request that is allowed in the LDRs at their August 18, 2010 meeting. If approved by the City Commission tonight, this request would be forwarded to the Palm Beach County Property Appraiser's Office and the Palm Beach County Planning and Zoning Department for recordation and final appraisal of the improvements. Mr. Dorling stated this program allows that any increase in value is exempted from paying additional taxes for a period of ten years. The expenditures for the qualifying improvements are estimated at $1,300,000.00 which would be subject to that final appraisal and verification. Mr. Frankel moved to approve Resolution No. 47 -10, seconded by Mr. Fetzer. 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. At this point, Commissioner Eliopoulos returned to the dais. 9.C. AMENDMENT 1 TO THE AGREEMENT /A & A ASSOCIATES: Consider approval of Amendment No. 1 to the Agreement with A & A Associates in the amount of $22,620.00 for security service at Pompey Park from October 1, 2010 to September 30, 2011. Funding is available from 0014127- 572 -31.90 (General Fund: Professional Services /Other Professional Services). Linda Karch, Director of Parks and Recreation, stated this item is to approve the Amendment No. 1 to the agreement with A &A Associates for security service at Pompey Park to extend the expiration date to September 30, 2011. Mrs. Karch stated staff has obtained the following three quotes: A &A Associates (current provider), 11 09 /07 /10 $14.50 per hour, P.G. Security, Inc. $16.99 per hour, and Marill Security at $17,50 per hour. Security service at Pompey Park requires patrolling the park and being proactive in identifying potential problems. It requires interaction with both youth and adults who utilize the park on a daily basis. The security guard service will provide security service 6 hours per day Monday - Friday for a total of 30 hours per week. Staff recommends to award the bid to A & A Associates for $14.50 per hour and to extend the expiration date to September 30, 2011. Mrs. Gray moved to approve Amendment No. 1 to the Agreement with A &A Associates, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 9.D. ACCEPTANCE OF A DONATED SCULPTURE/WILLIAM DEBILZAN: Consider approval to accept a donated sculpture from Artist William Debilzan to be located in Worthing Park, Randal Krejcarek, City Engineer, stated this item is regarding a potential donation from a local artist and noted that there was a recommendation from the Public Art Advisory Board at their July meeting to bring this to the Commission for approval of acceptance of the public art. Dana Donaty, Chair of the Public Art Advisory Board, stated the artist's work will enhance the downtown, be a great addition to the public art collection, and an asset to the city. Ms. Donaty thanked Artist William Debilzan, Fernando, and the City Commission for having the vision to support the Public Art Program by considering the approval to accept this donation. Mr. Eliopoulos stated he likes the art and just wants to ensure that this is what we are getting. Ms. Donaty stated Artist William Debilzan has a gallery on Atlantic Avenue and is very large scale figurative work, vibrant in color, and very family oriented. She stated there is no specific ethnicity to the people but it will be a family. The sculpture will be approximately 15 feet in height and they will have clothing with no exposed body parts. Ms. Donaty stated the artist will name his sculpture. Mr. Fetzer stated he went and saw an exhibit at one of the tennis tournaments that was set up by the gallery where he met Fernando. Mr. Fetzer stated the gallery is next to 32 East and noted this is an artist of world known proportions and we are very fortunate to have this generosity shared with the city from Mr. Debilzan, Mr. Frankel moved to approve to accept a donated sculpture from Artist William Debilzan to be located in Worthing Park, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 5 to 0 vote. 12 09/07/10 9.E. PARKS AND RECREATION FEES: Consider approval to change facility and field fees for Parks and Recreation for FY 2010 -2011. Doug Smith, Assistant City Manager, stated previously staff has discussed a number of General Fund fee changes and a number of those have already had actions that have been taken and are in the process of being changed or will come back to the Commission. Mr. Smith stated several that staff wanted to bring back for working towards a final determination had to do with the parks and recreation fees. Staff recommends the facility fee changes and there has been some previous discussion at previous meetings regarding whether to make this change on the room rentals to have the base charge for three hours versus two hours. Mr. Smith briefly discussed the field rental fees and a small charge recommended to be implemented for field lining. He stated staff previously discussed the $100.00 per team tournament fee for non -city sports providers with non - profits being able to have a 50% charge. Mr. Smith commented about the potential participant fee for sports organizations and stated part of the discussion at the last meeting included resident versus non - resident charges. Linda Karch, Director of Parks and Recreation, stated staff broke it down into recreational fees and travel/competitive fees with estimated revenues going from $0- $10.00 for the recreational and $10.00-$15.00 for the travel. Mrs. Karch stated the recreational fees for the travel /competitive category is $10.00- $15.00 for residents and $15.00 - $20.00 for non - residents. Staff estimates between $4,500.00- $20,000.00 for items 1 -6 depending on what fees the Commission selects and for resident and non- resident the estimated revenues is $5,600.00 - $21,000.00. Mrs. Karch stated there are also adult leagues with the adult softball $450.00 a team, adult basketball $375.00, and Palm Beach Social Club charges participant fees. Mr. Eliopoulos stated he does not support this chart. Mr. Smith stated the City Manager recommends that we hold these fees right now until Mr. Todd L'Herrou's proposal which includes additional fee options is considered. Mr. Fetzer stated he is open to other options on this and is anxious to hear Mr. L'Herrou's proposal. Mrs. Gray stated she is not in favor of changing hours from 3 hours to 2 only because the City increased the fee last year and is now proposing to increase the fee this year. Mr. Frankel stated he is favor of all recommendations. Mr. Frankel stated in his opinion, he feels there is no problem charging a non - resident an additional fee than residents because this is done in other cities as well. Mr. Frankel stated taking care of the fields is not free and when you share the costs it is better for everyone. 13 09 /07 /10 Mrs. Gray asked what the money will go towards for the residents versus non - residents. The City Manager stated the money goes into the General Fund and these funds are not earmarked. Mr. Eliopoulos asked if Mayor McDuffie has heard from the different organizations. Mayor McDuffie stated he heard from the Delray Beach National Little League that the $10.00 is not going to break the bank; however, he stated in Little League Charters no child can be turned away for the inability to pay. Therefore, Mayor McDuffie stated the child will play in the program and usually the coaches and other people will pick those fees up. Mayor McDuffie stated he does not feel that an additional $10.00 per participant is onerous. Mayor McDuffie stated the Delray Beach National Little League's fees are approximately $100.00 - $150.00 per season; however, Delray Beach American Little League's fees are approximately $30.00 and if you add $10.00 to that it becomes a sizeable increase and they were not in favor of implementing that fee. It was the consensus of the Commission to hold off making a decision on these fees until staff hears Mr. Todd L'Herrou's proposal. At this point, the time being 7:07 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 23 -10 FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations Section 4.3.3 "Special Requirements for Specific Uses ", to enact a new Subsection (KKK) establishing regulations for Live/Work Units; amending Section 4.4.12 "Planned Commercial District", Subsection (D) "Conditional Uses and Structures Allowed ", Section 4.4.13 "Central Business District ", Subsection (D) "Conditional Uses and Structures Allowed "; Section 4.4.29 "Mixed Residential, Office and Commercial ", Subsection (E) "Conditional Uses and Structures Allowed" to allow Live /Work units as a conditional use; and amending Appendix "A" "Defmitions" to provide a revised definition for "Live/Work Unit ". If passed, a second reading and second public hearing will be held on September 21, 2010. The caption of Ordinance No. 23 -10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES ", BY ENACTING A NEW SUBSECTION (KKK) TO ESTABLISH REGULATIONS FOR LIVE /WORK UNITS; BY AMENDING SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT ", SUBSECTION (D), 14 09/07/10 "CONDITIONAL USES AND STRUCTURES ALLOWED "; AND SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT ", SUBSECTION (E), "CONDITIONAL USES AND STRUCTURES ALLOWED" TO ALLOW LIVE/WORK UNITS AS A CONDITIONAL USE; AND BY AMENDING APPENDIX A, "DEFINITIONS" TO PROVIDE A REVISED DEFINITION FOR "LIVE /WORK UNIT "; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23 -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 amendment to the LDRs that modifies the definition of live /work unit and identifies specific requirements which would apply to that use. The uses are proposed as a conditional use within the Planned Commercial, Central Business District, Central Business District - Railroad Corridor, Mixed Residential, Office and Commercial categories within the city. In summary, Mr. Dorling stated the substantial regulations that would apply to live /work units would include a requirement that the occupant of the residential unit must be the proprietor or owner of the business, that only one additional employee may work at the business, that the live /work unit must face either a public or private street that has available on- street parking, that there is a requirement that the Iive /work portion of the unit not exceed 200 square feet and be located on the ground floor, that the hours of operation be limited from 8:00 a.m. to 6:00 p.m. and that deliveries be limited from 9:00 a.m. to 6:00 p.m., and that non - residential uses creating industrial -type impacts are prohibited. At its meeting of July 7, 2010, the Pineapple Grove Main Street Board recommended approval; at its meeting of July 8, 2010, the Community Redevelopment Agency (CRA) recommended approval; at its meeting of July 12, 2010, the Downtown Development Authority (DDA) recommended approval; at its meeting of July 13, 2010, the West Atlantic Redevelopment Coalition (WARC) recommended approval and at its meeting of July 19, 2010, the Planning and Zoning Board recommended approval. This was before the Commission at their August 17, 2010 meeting and there were concerns expressed by the public on the workability of the ordinance as it relates to the maximum 200 square foot "net area ". The definition of "net area" has been modified to provide a greater clarification and staff has met with the individual that raised these concerns and based upon those discussions staff believes the concerns have been adequately addressed. 15 09 /07 /10 Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 23 -10, the public hearing was closed. Mr. Fetzer moved to approve Ordinance No. 23 -10 on First Reading /First Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 27 -10: Consider a city initiated amendment to Appendix "A ", "Definitions" of the Land Development Regulations (LDR) to revise the definition of "Pharmacy ". (Staff has requested the item be postponed until the September 21, 2010 City Commission Meeting) The caption of Ordinance No. 27 -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. 27 -10 is on file in the City Clerk's office.) Mr. Eliopoulos moved to postpone Ordinance No. 27 -10, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 26 -10: An ordinance amending Chapter 34, "Elections ", of the Code of Ordinances, by amending Sections 34.16 and 34.17 to increase the fee for filing petitions from $25 to $50. The caption of Ordinance No. 26 -10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 34, "ELECTIONS ", OF THE CODE OF ORDINANCES BY AMENDING SECTION 34.16, "FILING OF NOMINATING PETITIONS ", AND SECTION 34.17, "PROCEDURE AFTER FILING ", TO MODIFY THE FEE FOR FILING PETITIONS, 117 09/07/10 PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 26 -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. Chevelle D. Nubin, City Clerk, stated this ordinance increases the fee from $25.00 to $50.00 to recoup the costs for the verification of signatures on petitions during election time. Mayor MCDuffle declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 26 -10, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 26 -10 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel --- Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 28-10: An ordinance amending Chapter 101, "Parks, Beaches and Recreation ", by amending Section 101.35(F), "Storing Boats ", to modify the rate structure for storing sailboats on the beach. The caption of Ordinance No. 28 -10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "PARKS, BEACHES, AND RECREATION" BY AMENDING SECTION 101.35 (F), "STORING BOATS" IN ORDER TO CHANGE THE ANNUAL FEE FOR STORING SAILBOATS ON THE MUNICIPAL BEACH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. {The official copy of Ordinance No. 28 -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. 17 09/07/10 Linda Karch, Director of Parks and Recreation, stated this item is to modify the rate structure for storing sailboats on the beach. Staff recommends that the applicants pay $250.00 plus applicable sales tax. Mrs. Karch stated this fee has not been increased since March 1995 and the rate is currently $200.00. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 23 -10, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 28 -10 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:13 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. 11.13. From the Public. 11.13.1. Clifford Wright, 3930 Lowson Boulevard Delray Beach FL 33445 and business owner, expressed concern over the Auburn Trace Development and stated approximately 6 -7 months ago the City Commission voted to have this development take place with the participation of local contractors and citizens of Delray Beach to work on this project. Mr. Wright stated he was at the site today and was told by the project manager that they had everyone that they were intending on hiring. He urged the Commission to have someone investigate this to see what is really going on there. I1.13.2. Ann Stacey Wright, 102 S.W. 13 "' Avenue Delray Beach FL 33444 stated in October 2009 the NW/SW Steering Committee came before the City Commission to request that the Commission delay approving the new conditional use plan for Village of Delray submitted by the Auburn Group. Ms. Wright stated the Committee asked that the Commission wait until the community had the opportunity to meet with the Auburn Group to discuss the following: (1) why did they change from their original plan? (2) Did they plan to saturate their neighborhood with low- income rentals in the future, (3) Would they be requesting an increase in density on the remaining 19 acres of Auburn Trace and they expressed many other questions. She stated the City Commission voted (3 to 2) to approve the conditional use plan and the Commission's primary reason was that they were looking out for the entire interest of the community and that they could not walk away from the $27 million that Auburn could receive in stimulus finding. Ms. Wright stated many local skilled and unskilled laborers went to 18 09/07/10 Auburn Group before they broke ground asking for employment and these local laborers were denied or turned away and were told that they were not required to hire local residents. She asked if the Auburn Group will assist the community by putting back into the community and urged the City Commission to take a second look at this. _a v, _ to � , y , „ 33444, asked 11.B.3. Pauline Mood G09 S.W. $ Avenue Delray Beach FL if there is a City ordinance addressing house parties and loud music playing all night long. Ms. Moody stated she is losing sleep and it is becoming a nuisance for her because she has to pick up all the trash from these parties the next day. At this point, Commissioner Eliopoulos stated he attended the Delray Beach Housing Authority's presentation and discussed the hiring of the Auburn Development. Mr. Eliopoulos stated it was on record that Auburn Group was going to be getting involved in our community and hiring our citizens; however, this has not happened and asked that the Commission look into this. Mrs. Gray stated she would like to get some facts on this and would like to hold the Auburn Group accountable. At this point, the time being 7:23 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 24 -10: Privately initiated rezoning from AC (Automotive Commercial) and RM (Multiple Family Residential - Medium Density) to GC (General Commercial) and OS (Open Space) for property located at the northeast corner of Federal Highway and Fladell's Way (2501 South Federal Highway). If passed, a public hearing will be held on September 21, 2010. The caption of Ordinance No. 24 -10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO OS (OPEN SPACE) DISTRICT; SAID LAND BEING PARCELS OF LAND LOCATED AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY AND FLADELL'S WAY (AVENUE "F "), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, OCTOBER 2009 "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. 19 09/07/10 office.) (The official copy of Ordinance No. 24 -10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, A1CP, Director of Planning and Zoning, stated this is a privately- initiated amendment from AC (Automotive Commercial) and RM (Multiple Family Residential — Medium Density) to GC (General Commercial) and OS (Open Space) for property located at the northeast corner of Federal Highway and Fladell's Way (2501 South Federal Highway). This is the former location of the Ralph Buick dealership. Mr. Dorling stated this totals 6.87 acres. Mr. Dorling stated this ordinance was before the City Commission previously on January 2, 2006, where they approved a rezoning of the Ralph Buick site from AC (Automotive Commercial) to GC (General Commercial) in conjunction with a development proposal for a mixed -used development, which was to be known as Royal Palm Club. Mr. Darling stated that property was never constructed and on April 15, 2008, the property was rezoned from GC back to AC. At its meeting of August 16, 2010, the Planning and Zoning Board held a public hearing in conjunction with the rezoning request and numerous people spoke in opposition to the rezoning and several people spoke in favor of the rezoning. The Board unanimously voted with a 6 to 0 vote (Pike stepping down) to recommend denial of the rezoning request. Mr. Dorling stated this denial was based on the concerns that the proposed zoning district would allow a myriad of uses which may be incompatible with adjacent residential uses. Staff recommends that the Commission pass this ordinance on first reading this evening so that this item can then proceed to a public hearing on September 21, 2010. Mr. Fetzer stated at last week's workshop he brought up some concerns about the way the process is going to work and he would like to make sure that all the residents understood what the Commission is doing this evening. He thanked City staff for getting the word out through some email blasts and the website. Mr. Fetzer stated under the State Statutes the City is required to go to a second reading and as a Commission they need to hear the testimony on both sides of this issue. Mr. Eliopoulos asked if they should be looking at zoning on its own and not a project. Mr. Dorling stated the Commission could appeal a decision based on that scenario. Mr. Eliopoulos stated in looking at the history of this, it was AC and got rezoned to GC, New Century Development group came in and it was submitted with an associated development of a mixed use project. Mr. Dorling stated there was significant discussion about a project that would be accommodated under that zoning classification. Mr. Eliopoulos asked if they should be looking at zoning on its own and not a project. Mr. Dorling stated the Commission could appeal a decision under that scenario based upon the fact the site plan that was proposed did not meet compatibility issues, etc. that may have been accomplished with the previous plan that was inadvertently tied to the zoning. Mr. Darling concurred that these are two distinct issues. Mr. Eliopoulos stated in 2008 at a Workshop meeting the Commission discussed the study for South Federal 20 09/07/10 Highway and asked if this been brought back to the Commission. Mr. Dorling stated Commission gave initial direction at that Workshop meeting and staff presented some land use scenarios on both sides of Federal Highway. The Plan has gone forward from that point and staff has done some preliminary land use analysis of the existing conditions out there and from staff's point of view the initial direction in 2008 was to go to a General Commercial (GC) type of land use on the cast side of the road with some mixed - use scenarios or straight commercial with significant buffers against the neighborhood. Mr. Dorling stated this has not come back before the City Commission. Mrs. Gray asked why the Planning and Zoning Board denied this project. Mr. Dorling stated the Board felt that GC (General Commercial) was too open ended and would allow any number of uses (i.e. Wal -Mart, etc.) that may be found incompatible with the adjacent residential uses. Mrs. Gray asked if the Commission agrees with staff's recommendation this evening, does that necessarily mean that they are approving or disapproving the project or does it mean that they are just moving it forward so that they can hear from the residents, Wal -Mart, and the attorneys. Mr. Dorling stated staff recommends that the Commission moved forward to the public hearing so that they can hear from all sides on the issue. Mayor McDuffie stated he would like to see this move forward so that every party receives due process. Mr. Eliopoulos moved to approve Ordinance No. 24 -10 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 29 -10: An ordinance amending Chapter 110, "Local Business Taxes Generally ", of the Code of Ordinances by amending Section 110.15, "Local Business Tax Schedule ", in order to include "Pharmacies" among the categories of businesses requiring a Local Business Tax Receipt. If passed, a public hearing will be held on September 21, 2010. office.) The caption of Ordinance No. 29 -10 is as follows: 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 INCLUDE PHARMACIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29 -10 is on file in the City Clerk's 21 09/07/10 The City Attorney read the caption of the ordinance and stated staff is adding pharmacies to the classification of local business taxes in order to provide a separate category for that. The City Manager stated there is no change in the fee that they would pay it is just setting up a separate category. Mr. Fetzer moved to approve Ordinance No. 29 -10 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 32 -10: An ordinance amending Chapter 51, "Garbage and Trash ", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied ", to provide for decreased residential and modified commercial collection service rates for FY 2011. If passed, a public hearing will be held on September 21, 2010. office.) The caption of Ordinance No. 32 -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 51.70, "REGULAR CHARGES LEVIED ", TO PROVIDE FOR :DECREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2011; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 32 -10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mr. Frankel moved to approve Ordinance No. 32 -10 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer -- Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:36 p.m., the Commission moved back to Item 9.F. of the Regular Agenda. 22 09/07/10 9.F. SETTLEMENT OFFER IN THE ESTATE OF DAVID BILLADEAU v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $100,000.00 in Estate of David Billadeau v. City of Delray Beach. Staff recommends approval. The City Attorney stated this case arises out of an auto /motorcycle accident that occurred on May 1, 2009 where a City vehicle was traveling west bound on Linton Boulevard and a motorcyclist struck the side of the City vehicle and was killed. Staff recommends settling this case for $100,000.00 which includes attorney's fees and costs. Mrs. Gray moved to approve Settlement Offer in the total amount of $100,000.00 in Estate of David Billadeau v. City of Delray Beach, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray --- Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENT TO THE PLANNING & ZONING BOARD: Appoint one (1) regular member to the Planning & Zoning Board to serve a two (2) year term ending August 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel moved to appoint Craig Spodak as a regular member to the Planning and Zoning Board, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel --- Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint two (2) regular members to the Site Plan Review and Appearance Board to serve two (2) year terms ending August 31, 2012. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3) and Commissioner Eliopoulos (Seat #1). Mr. Frankel moved to appoint Nick Sadowsky as a regular member to the Site Plan Review and Appearance Board to serve a two (2) year term ending August 31, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 5 to 0 vote. Mr. Eliopoulos moved to appoint Roger Decapito as a regular member to the Site Plan Review and Appearance Board to serve a two (2) year term ending August 31, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 5 to 0 vote. 23 09/07/10 9.1. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1) regular member to the Historic Preservation Board to serve a two (2) year term ending August 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel moved to appoint Pearl Markfield -Elrod as a regular member to the Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor MCDuffle — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — No; Mr. Frankel --- Yes. Said motion passed with a 4 to 1 vote, Commissioner Fetzer dissenting. 9.1 APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) regular member to the Board of Adjustment to serve a two (2) year term ending August 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to reappoint Mel Pollack as a regular member to the Board of Adjustment to serve a two (2) year term ending August 31, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuff e — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9.K. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint one (1) regular member and one (1) alternate member to serve on the Nuisance Abatement Board for unexpired terms ending July 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3) and Commissioner Gray (Seat # 4). Mr. Frankel moved to appoint Nayda Cottone- Ovadia as a regular member to the Nuisance Abatement Board for an unexpired term ending July 31, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer - Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray stated she would like to defer her appointment until the next regular meeting of September 21, 2010. At this point, the time being 7:39 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 stated the Commission should have received a letter from Dr. Josh Smith regarding Pompey Park and the Delray Rocks game this weekend. 24 09/07/10 The City Manager stated he would like to give a partial response this evening although he will be responding in writing to Dr. Josh Smith. The City Manager stated when Abbey Murrell was asked to step in as Acting Site Supervisor of Pompey Park it was with the understanding that she had a commitment to attend the Florida Recreation Parks Association Conference in Orlando along with Rodger Ribeiro and Linda Karch the week of August 301'. The City Manager stated Tom Kwiaktek was assigned to Supervisor of Pompey Park the entire week working out of Abbey's office. Mr. Kwiaktek was at the site for the week except when he had prior commitments at the Community Center or Hilltopper Stadium where he was preparing for Opening Day. The City Manager stated Abbey Murrell was back in the office at approximately 2:00 p.m. on Friday, September 3, 2010 and she was also at the Opening Day game at Hilltopper Stadium from 7:30 a.m. until 7:30 p.m. The City Manager stated the Delray Rocks has joined the Pop Warner League this year. In the past, admission fees were not allowed to be charged but in Pop Warner it is customary to charge fees and the suggested league fees are $1.00 for children and $2.00 for adults. The City Manager stated fees were collected at the first home game and Abbey collected the money for the admissions as well as the proceeds from the concession stand and gave the entire amount $2,880.00 to Rangile Santiago of the Booster Club to be deposited in their account that evening. B.B. City Attorney The City Attorney had no comments or inquiries on non- agenda items. B.C. City Commission B.C.I. Mr. Fetzer Mr. Fetzer asked what additional information will be presented to the Commission regarding the budget for September 13, 2010 and asked if the millage can still be changed. . The City Manager stated he will recommend to the Commission how to balance the budget and will also provide a list of options of other changes that the Commission can do either in addition to or instead of what he has already recommended. For example, the City Manager stated the City just received its insurance renewal for next year and it is approximately $25,000,000.00 less than staff had budgeted which includes a rebate from the Florida League of Cities so those kinds of things keep happening then it helps the City get to where it needs to be. The City Manager stated the final budget meeting will be held on September 21, 2010 and the Commission has the ability to reduce the millage rate. 13.C.2. Mr. EIiopoulos Mr. Eliopoulos commented about an email from Mr. Fran Marincola to Paul Dorling regarding restaurants versus stand alone bars in the downtown area. The City Manager stated there is a State law that depending on the type of liquor license you 25 09/07/10 have that a certain percentage of the revenue has to be from food sales and you have to keep your kitchen open. Mr. Eliopoulos stated he would like staff to follow up with Mr. Marincola's concern. Secondly, Mr. Eliopoulos commented about XPE Sports and TJ Jackson and noted that the City with the Community Redevelopment Agency (CRA) did the Astro -turf on the Seacrest Soccer Complex and a lot of those early meetings were discussions about a mentoring program. Mr. Eliopoulos asked if staff can update the Commission with a presentation at a Workshop Meeting regarding the status of this program. Mr. Eliopoulos inquired about the status of the Finance Director position and he is assuming that this is going to be a national search. The City Manager stated the ad is out and will close at the end of September and go through the selection process from that point. The City Manager stated he is hoping to get someone on board around November 1, 2010 but it depends on when they are able to move and how much notice they have to provide to their employer, etc. Mr. Eliopoulos commented on the emails from a resident with regards to Waste Management and stated when time permits he would like to know how staff analyzed the invoices. 13.C.3. Mrs. Gray Mrs. Gray commented about an email she sent the City Manager from Lieutenant Coleman regarding how the juvenile crime had decreased over the summer. Mrs. Gray stated the Police Department believes that the decrease contributes to the programs this summer in helping to keep the children safe. Secondly, Mrs. Gray asked for an update on the signage for the Delray Rocks at the Soccer Complex being that they do not know that their field is there. Mrs. Gray stated she would like an update on the numbers for the Pompey pool attendance for the summer since they opened on Sundays and had an increase in rental fees for parties, etc. 13.C.4. Mr. Frankel Mr. Frankel stated with regard to the Delray Rocks he was informed that there was some vandalism by one of the football teams in one of the locker room or bathrooms and asked if this could be looked into. Secondly, Mr. Frankel stated he and Commissioner Gray participated in the 201 Annual Delray Citizens for Delray Police Challenge on the beach yesterday and at Boston's and their team took home $500.00. Mr. Frankel stated they are planning a big extravaganza next labor day as it will be their 25th year. 26 09/07/10 13.C.5. Mayor McDuffie Mayor McDuffie invited the Commission to attend the Mayor's Literacy Luncheon sponsored by the Literacy Coalition of Palm Beach County and the Palm Beach County League of Cities on Wednesday, September 15, 2010 at noon at the Ritz Carlton in Manalapan. Mayor McDuffie stated the Commission can call 1.500- 273 -1030 to RSVP. Secondly, Mayor McDuffie thanked Vice Mayor Frankel for stepping in for him when he was sick and unable to attend the Workshop Meeting of August 31, 2010. There being no fiuther business, Mayor McDuffie declared the meeting adjourned at 7:51 p.m. City Clerk ATTEST: 4),O,�4 4— MAYOR 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 September 7, 2010, which Minutes were formally approved and adopted by the City Commission on September 21, 2010. � � • fi \mil 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. 27 09/07/10 i IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REGARDING FOUR (4) WAIVERS ASSOCIATED WITH THE DEVELOPMENT PROPOSAL AT 150 NE 1ST AVENUE 1. These four (4) waiver requests associated with the development proposal at 150 NE 15t Avenue came before the City Commission on September 7, 2010. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the four (4) waiver requests associated with the development proposal at 150 NE 1't Avenue. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsection I. 1. WAIVERS. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a }, shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Landscape Waiver Pursuant to LDR Section 4.6.16(H)(3)(d), "Minimum Landscape Requirements ", a landscaped barrier shall be provided between the off - street parking area and abutting properties. This landscape barrier shall be no less than five feet (5`) in width. The waiver requires' to the subject requirement seeks to reduce the five foot (5) requirements to 'approximately two feet, seven inches (27") along a portion of the west property line. Should the Applicant's request for a waiver to the minimum landscape requirements be granted? Yes -1/ No City Commission Meeting on September 7, 2010; Item 9.A, a B. Sight Visibility Waiver Pursuant to LDR Section 4.6.14(8)(6), "Sight Visibility ", a forty foot (40') sight visibility triangle is required at the intersection of NE 1" Avenue and NE 2nd Street. The waiver request to the subject requirement seeks to reduce the sight visibility along NE 1st Avenue from forty feet (40') to thirty -five feet (36). Should the Applicant's request for a waiver to reduce the sight visibility triangle be granted? Yes ✓ No C. Waiver to Required Dimensions of Dead -End Parking Bays Pursuant to LDR Section 4.6.9(D)(4)(c), "Dead -End Parking Bays ", shall be designed so that there is a 24' wide by 6' deep maneuvering area at the end of the bay. This maneuvering area shall not encroach upon required landscape areas. The waiver request to the maneuvering area requirements seeks to reduce the dead -end parking bay from six feet (6) to four feet (4'). Should the waiver to reduce the required dimensions of dead -end parking bays be granted? Yes ✓ No D. Waiver to Drive Aisle Width Pursuant to LDR Section 4.6.9(D)(4)(d), "Standard Aisle Width ", is twenty -four feet (24') for normal traffic with perpendicular parking. The waiver request is to reduce the drive aisle width from twenty -four feet (24') to twenty -two feet (22'). Should the waiver request to reduce the aisle width be granted? Yes ✓ No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 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 2 City Commission Meeting on September 7, 2010; Item 9.A. • A r 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 four (4) waiver requests to Section 4.6.96(H)(3)(d), 4.6.14(B)(6), 4.6.9((D)(4)(c), and 4.6.9(D)(4)(d) and hereby adopts this Order this 7th day of September, 2010, by a vote of 5 in favor aqd-�_ oppgsgd. F �\ ATTEST: Cheveile Nub in City Clerk Nelson S. McDuffie, Mayor 3 City Commission Meeting on September 7, 2010; Item 9.A. FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE KUopoulos Gary Delr4y Beach City CommissIon MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 245 George Bush Boulevard WHICH I SERVE IS A UNIT OF: CITY CICOUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: City of Delray Beach Delray Beach, Florida 33444 Palm Beach DATE ON VMICH VOTE OCCURRED MY POSITION 1S: 9/7%201Q XX ELECTIVE Q APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, Commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec_ 163.356 or 163357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and fling this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations desc €ibed above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) Cr-_ FORM 8B - EFF. 112000 Item 9.B PAGE t APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING; • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL. OFFICER'S INTEREST I, Gary Eliopoulos hereby disclose that on September 7 -2010 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; X inured to the special gain or loss of my business associate, Eliopoulos Architecture , Inc inured to the special gain or loss of my relative, inured to the special gain or loss of .,.., .. by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Architect for the project, 9/7/2©10 Fate Filed nature -�- NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY HE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $1 0,000. CE FORM 88 - EFF, 1/2040 PAGE 2