09-20-11 Regular City Commission MinutesSEPTEMBER 20, 2011
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 20, 2011.
1. Roll call showed:
Present - Commissioner Thomas F. Carney, Jr.
Commissioner Jay Alperin
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 Greg Fitch, Chaplain with
Hospice by the Sea and Chief of Chaplains for the Delray Beach Police and Fire - Rescue
Department.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor McDuffie stated there has been a request for Item 7.B., Saint
Patrick's Day Presentation to be removed from the Agenda. Also, Mayor McDuffie
noted the addition of Item 9.K., Participation Agreement /Today in America, to the
Regular Agenda by addendum and stated there is additional information for Item 10.C.,
Resolution No. 42 -11 (Budget Adoption for FY 2012).
Dr. Alperin moved to approve the Agenda as amended, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said
motion passed with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mrs. Gray moved to approve the Minutes of the Workshop Meeting of
August 30, 3011, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mr. Frankel -- Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney —
Yes; Dr. Alperin — Yes. Said motion passed with a 5 to 0 vote.
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Mr. Frankel moved to approve the Minutes of the September 6, 2011,
Regular Meeting of September 6, 2011, seconded by Mrs. Gray. Upon roll call the
Commission voted as follows: Mrs. Gray — Yes; Mayor MCDuffle — Yes; Mr. Carney —
Yes; Dr. Alperin — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. None
7. PRESENTATIONS:
7.A. RESOLUTION NO. 31 -11: Approve Resolution No. 31 -11 recognizing
and commending Vivian Mitchell for 30 years of dedicated service to the City of Delray
Beach.
The caption of Resolution No. 3 1 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING VIVIAN MITCHELL FOR
THIRTY YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH.
(The official copy of Resolution No. 31 -11 is on file in the City Clerk's
office.)
Mr. Carney moved to approve Resolution No. 31 -11, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr.
Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion
passed with a 5 to 0 vote.
7.B. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
7.C. International City /County Management Association Video - City of
Delray Beach and School District of Palm Beach County Partnership
The City Manager stated as he reported to the Commission in July the City
agreed to work ICMA TV to produce a video regarding the partnership with the School
District over the last 20 years. He stated it is being shown at the International City
Management Association International Conference which is taking place this week. The
City Manager stated it will be on the ICMA website for the rest of the year and it is
available to the City to use plus all the raw footage that was shot in producing it. The
City Manager stated there may be occasions when the video can be used to promote the
City and show the kinds of things that are available to students in Delray Beach.
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Lula Butler, Director of Community Improvement, stated she has learned
a lot about the significance of this particular contribution that the City has made from the
filming crew. Mrs. Butler stated ICMA selects ten cities each year to highlight and they
come from all over the country and Delray Beach is one of the smaller communities that
got acknowledged.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. REQUEST FOR SIDEWALK DEFERRAL /1005 BUCIDA
ROAD: Approve a request to defer the installation of a sidewalk along Bucida Road
and Seasage Drive for property located at 1005 Bucida Road.
8.B. ADDITIONAL SCOPE/FOSTER MARINE CONTRACTORS
INC. /S.W. 12 AVENUE /AUBURN /S.W. 14FH AVENUE PROJECT: Approve
additional scope with Foster Marine Contractors, Inc. in the amount of $24,710.41
for relocation of twelve (12) sewer laterals from S.W. 2nd Street to 3`d Street, two (2)
additional street light poles and 72 LF of concrete ribbon. Funding is available in the
contract's Unforeseen Conditions Allowance for the S.W. 12t` Avenue /Auburn Avenue/
S.W. 14th Avenue Project.
8.C. SERVICE AUTHORIZATION NO. 07- 04.2/MOCK. ROOS &
ASSOCIATES: Approve Service Authorization No. 07 -04.2 with Mock, Roos &
Associates in the amount of $24,072.50 for adding more alley design to the N.W. 12th
Avenue - Atlantic to Martin Luther King Jr. Drive Project. Funding is available from 334-
3162 -541 -68.60 (General Construction Fund: Other Improvement/N.W. 12th Avenue -
Atlantic/MLK) and 448- 5461 -538 -68.60 (Storm Water Utility Fund: Other
Improvement/N. W. 12th Avenue- Atlantic/MLK).
8.D. CHANGE ORDER NO. 1/BRANG CONSTRUCTION, INC.: Approve
Change Order No. 1 (C.O. No. 1) with Brang Construction, Inc. in the amount of
$1,548.30 for additional excavation and flatwork required at Bus Stop No. 8 to meet
ADA requirements for the ARRA Bus Shelters Project and for a contract time extension
of fourteen (14) days. Funding will be provided through the Contract's Contingency
Allowance.
8.E. SITE DEDICATION/FLORIDA INLAND NAVIGATION
DISTRICT (F.I.N.D) /FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION: Approve a site dedication with the Florida Fish and Wildlife
Conservation Commission and the Florida Inland Navigation District (F.I.N.D.)
regarding the modifications to the Mangrove Park boat ramps, as required by the grant
agreement with both agencies.
J414-D) _ DIM _
TRANSPORT SERVICES. INC./DOWNTOWN ROUNDABOUT SHUTTLE
SYSTEM: Approve Amendment No. 4 to the Agreement with Quality Transport
Services, Inc. to extend the agreement under the same terms and conditions currently in
place.
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8.G. REQUEST TO ATTEND THE CHICK -FIL -A LEADERCAST
WORKSHOP: Approve a request for Dot Bast, Training and Development Manager, to
attend the Chick -Fil -A Leadercast Workshop sponsored by Giant Impact.
8.H. RESOLUTION NO. 38-11: Approve Resolution No. 38 -11 to authorize
the sale of Delray Beach Water and Sewer Revenue Refunding Bonds, Series 201 IA.
office.)
The caption of Resolution No. 38 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
SUPPLEMENTING RESOLUTION NO. 39 -88, AS
AMENDED AND SUPPLEMENTED, FOR THE
PURPOSE OF AUTHORIZING A TWELFTH SERIES
OF WATER AND SEWER REVENUE BONDS
DESIGNATED AS WATER AND SEWER REVENUE
REFUNDING BONDS, SERIES 2011A (THE "BONDS "),
IN THE AGGREGATE PRINCIPAL AMOUNT OF
$5,430,000 FOR THE PURPOSE OF REDEEMING THE
CITY'S OUTSTANDING WATER AND SEWER
REVENUE BONDS, SERIES 2006 (THE "2006
BONDS ") ISSUED TO FINANCE CERTAIN
ADDITIONS, EXTENSIONS AND IMPROVEMENTS
TO THE CITY'S COMBINED PUBLIC UTILITY;
PROVIDING FOR THE TERMS OF SAID BONDS;
PROVIDING FOR THE APPLICATION OF THE BOND
PROCEEDS; AUTHORIZING THE NEGOTIATED
SALE OF SAID BONDS AND APPROVING THE
FORM, AND AUTHORIZING THE EXECUTION AND
DELIVERY, OF A BOND PURCHASE AGREEMENT
TO EFFECT THE NEGOTIATED SALE OF THE
BONDS TO BRANCH BANKING AND TRUST
COMPANY; INCORPORATING BY REFERENCE THE
TERMS AND PROVISIONS OF RESOLUTION NO. 39-
88, AS AMENDED AND SUPPLEMENTED;
AUTHORIZING THE PROPER OFFICERS OF THE
CITY TO DO ALL OTHER THINGS DEEMED
NECESSARY OR ADVISABLE IN CONNECTION
WITH THE ISSUANCE, SALE AND DELIVERY OF
THE BONDS; AND PROVIDING FOR AN EFFECTIVE
DATE.
(The official copy of Resolution No. 38 -I1 is on file in the City Clerk's
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8.1. PARKS AND RECREATION FEE CHANGES: Approval of the
proposed Parks and Recreation Fee Changes for FY 11/12.
8.J. HOUSING REHABILITATION GRANT /CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract award through the
Community Development Division to the lowest responsive bidder for 2561 Bessie Street
to Built Solid Construction, LLC in the amount of $33,628.10. Funding is available from
118 - 1963 - 554 -49.19 (Neighborhood Services: Other Current Charges/Housing
Rehabilitation).
8.K. WORKFORCE HOUSING COVENANT
AGREEMENT/FLORANDA MHP, LLCJ NEW CENTURY EXECUTIVE
QUARTERS, LLC.: Approve a Workforce Housing Covenant Agreement between the
City of Delray Beach and the Floranda MHP, LLC and New Century Executive Quarters,
pursuant to the requirements under Section 4.7 of the Land Development Regulations.
8.L. D.U.I. GRANT AWARDIFLORIDA DEPARTMENT OF
TRANSPORTATION: Approve accepting a grant award from the Florida Department
of Transportation (FDOT) in the amount of $22,352.00 for funding the Police
Department's Driving Under the Influence (D.U.I.) program. Funding is available for the
local match from various budgetary accounts.
8.M. MAINTENANCE AGREEMENT /CONTROL
COMMUNICATIONS, INC.: Approve a Maintenance Agreement with Control
Communications, Inc. in the amount of $25,296.00 for maintenance of the XTS3000
portable radios used by police officers. Funding is available from 001 - 2111 -521 -46.20
(General Fund: Repair & Maintenance Services/Equipment Maintenance).
8.N. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY FOR FUNDING OF CONSTRUCTION/PROFESSIONAL
SERVICES: Approve an Interlocal Agreement with the Community Redevelopment
Agency (CRA) for the funding of construction costs and professional services for certain
projects as listed on Exhibit "A" attached to the Agreement for FY 2011 -2012.
8.0. INTERLOCAL AGREEMENT: COMMUNITY
REDEVELOPMENT AGENCY. SPONSORSHIP OF TENNIS
TOURNAMENTS: Approve an Interlocal Agreement with the Community
Redevelopment Agency (CRA) for sponsorship of City tennis tournaments for FY 2011-
2012.
8.P. INTERLOCAL AGREEMENT: COMMUNITY
REDEVELOPMENT AGENCY /STREETSCAPE BEAUTIFICATION
LANDSCAPE MAINTENANCE: Approve an Interlocal Agreement with the
Community Redevelopment Agency (CRA) for Streetscape Beautification Landscape
Maintenance.
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80. INTERLOCAL AGREEMENT: COMMUNITY
REDEVELOPMENT AGENCY (CRA)/HOUSING REHAB INSPECTOR
POSITION: Approve an Interlocal Agreement with the Community Redevelopment
Agency (CRA) to fund 50% of the Housing Rehab Inspector Position in the
Neighborhood Services Division of the Community Improvement Department.
8.R. FOURTH AMENDMENT TO THE DECLARATION OF
RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7TH
AVENUE RELATED TO THE ATLANTIC PLAZA PROJECT: Approve the Fourth
Amendment to the Declaration of Reserved Rights and Agreement not to Encumber N.E.
7th Avenue regarding the abandonment and relocation of N.E. 7th Avenue between N.E.
1st Street and East Atlantic Avenue, to extend the time frame to obtain site plan
certification by 180 days.
8.S. SPECIAL EVENT REQUEST /44TH ANNUAL ST. PATRICK'S DAY
PARADE AND PARTY: Approve a special event request for the 44t Annual St.
Patrick's Day Parade and Party on Saturday, March 17, 2012, beginning with setup at
11:30 a.m., parade starting at 2:00 p.m. and ending at approximately 4:00 p.m., and an
event at Old School Square from 11:00 a.m. to 7:00 p.m.; to grant a temporary use permit
per LDR Section 2.4.6(F) for the use of Atlantic Avenue from A -1 -A to N.W. 51h
Avenue for the parade, Atlantic Avenue from A -1 -A to the bridge with overflow on East
Drive to Lowry Street and Gleason Street for staging of parade entries; that Atlantic
Avenue from N.E. /S.E. 5th Avenue to Swinton be closed until 6:00 p.m.; and to approve
staff support for traffic control and security, barricading, EMS assistance, use of the
small stage and to allow event signage to be put up to be put up on March 1, 2012;
contingent upon receipt of the Certificate of Liability Insurance and Alcohol Liability
Insurance, Temporary Liquor License and Signed Agreement with Old School Square by
the dates outlined in the staff report.
8.T. SPECIAL EVENT REQUEST/FREE FRIDAY NIGHT
CONCERT: Approve a special event request to endorse the Free Friday Night Concert
to be held on October 14, 2011 from 7:00 p.m. to 11:00 p.m., on the grounds of Old
School Square and in part of Old School Square Park; to authorize staff support for
security, fire inspector, electrician, event signage and trash boxes; contingent upon
receipt of a Certification of Event Liability and Alcohol Liability Insurance and a Hold
Harmless Agreement.
S.U. SPECIAL EVENT REQUEST/ON THE AVE: Approve a special
event request to endorse On the Ave to be held on October 6, 2011 from 6:30 p.m. to
10:30 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. 6th 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. 1st Avenue, N.E. /S.E. 2nd Avenue, S.E. 3', Avenue, and
N.E. /S.E. 4th Avenue; to authorize staff support for security and traffic control, EMS
assistance and fire inspection, banner hanging and removal, event signage, barricade set
up and removal, and trash removal and clean up.
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S.V. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period September 5, 2011 through September 16, 2011.
8.W. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Intercounty Engineering, Inc. in the amount of
$285,475.00 for the Lowson Boulevard Force Main Replacement
project. Funding is available from 442 - 5178 -536 -68.74 (Water &
Sewer Renewal & Replacement Fund: Improvements
Other/Lowson Blvd FM).
Mr. Frankel moved to approve the Consent Agenda, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Dr. Alperin —
Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed
with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. WAIVER REQUESTS/HYATT PLACE HOTEL:_ Consider two (2)
waiver requests to Land Development Regulations (LDR) Section 4.3.3(V)(2)(a), which
requires that not more than one stand -alone bar be located within any one block, nor
within seven hundred and fifty (750) feet of another stand -alone bar measured from lot
line to lot line in a straight line and Section 4.33(V)(2)(c)(1), which allows a written
request to establish a stand -alone bar to be valid for a period not to exceed six (6) months
for the Hyatt Place Hotel located along N.E. I5t Avenue. (Quasi - Judicial Hearing)
Mayor McDuffie read the City of Delray Beach Quasi - Judicial rules into
the record for this item and all subsequent Quasi- Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on Item 9.A., 9.11., and 9.C.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he recalls being at the groundbreaking speaking to
the developer and other parties associated with the Hyatt Place who during those
conversations and presentations talked about the restaurant that is going to be inside and
other aspects of the project. Mrs. Gray stated she had no ex parte communications to
disclose. Mayor McDuffie stated he also attended the groundbreaking and spoke to the
architect, the builders, and the developers. Mr. Carney stated he too attended the
groundbreaking and does not recall this issue being discussed.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2011 -138 into the record.
Mr. Dorling stated this is consideration of two waivers to the LDRs; one
of the waivers is to LDR Section 4.33(V)(2)(a), which requires that not more than one
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stand -alone bar be located within any one block, nor within seven hundred and fifty (750)
feet of another standalone bar measured from lot line to lot line in a straight line. The
second waiver relates to the process that has been identified in the LDRs which locks in a
projects ability to have one of these slots and that is a written request and is valid for six
(6) months. On April 6, 2011, the Historic Preservation Board (HPB) considered and
approved a Class IV site plan modification to construct a 134 -room hotel along Pineapple
Grove Way that contains 2,100 square feet of retail, a 1,666 square feet hotel lounge,
meeting rooms, cafe, pool, and gym, along with associated parking and landscaping
(Phase I). Mr. Dorling stated Phase H of that project included an office building. He
stated Phase I is the hotel along Pineapple Grove Way and the associated parking and
Phase 11 would be an office building component. Mr. Dorling stated this was originally a
retail space which was originally that 2,000 square foot retail space at the very northern
end of the hotel that is now before the Commission. Mr. Dorling stated it is slightly
reduced in size and now there is a request to put in a stand -alone bar in that facility. Mr.
Dorling stated the LDRs require the measurement between bars to be from property line
to property line in a straight line and the nearest legally established bar is Pineapple
Groove. Mr. Dorling stated this facility is under construction and will not be completed
until September 2012 so there is a request that the timeline be extended to sixty (60) days
after the COA (Certificate of Occupancy) is issued for the hotel (approximately
December 2012).
Mike Covelli= representing the applicant, stated the intent of the 750
feet was to not have one bar after another bar lined up and Pineapple Groove is on the
other side of the railroad tracks. Mr. Covelli stated if this was a stand -alone facility and
the hotel was not connected to it then it would meet the distance requirement.
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 from the public who wished to address the Commission regarding the
waiver requests, the public hearing was closed.
There was no cross - examination or rebuttal.
Mr. Frankel stated he is not sure if Pineapple Groove is still in business
but he has no problem with it.
Mrs. Gray stated she is more concerned about the Pineapple Groove and
Bru's Room being close together.
Mr. Carney stated he has no problem with it.
Dr. Alperin inquired about the structure above the restaurant. Mr. Dorling
stated that is part of the hotel and is a lounge and restaurant area. Mr. Covelli stated there
is no food service and it is a lounge or stand -alone bar. Dr. Alperin asked if this is going
to be leased out. Mr. Covelli stated the intention at this point is they are going to lease it
out.
09/20/11
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. Frankel moved to adopt the Board Order as presented, seconded by
Mr. Carney. Upon roll call the Commission voted as follows: Dr. Alperin — Yes; Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said
motion passed with a 5 to 0 vote.
9.B. REQUEST FOR IN -LIEU PARKING AGREEMENT/PINEAPPLE
GROVE INVESTMENT GROUP, LLC: Consider a request from Pineapple Grove
Investment Group, Inc. for the purchase of six (6) in -lieu parking spaces in the amount of
$93,600 and a waiver to Land Development Regulations (LDR) Section 4.6.9(E)(3), "In-
Lieu Fee ", to exceed the 30% limit of spaces that may be purchased through the In -Lieu
of Parking program for converting the former Ace Pump location to restaurant
use, located at 9 N.E. 2nd Avenue. (Quasi - Judicial Hearing)
Scott Aronson, Parking Management Specialist, stated Pineapple Grove
Investment Group, Inc. is for a conversion of use of the former Ace Pump property
located at 9 N.E. 2"d Avenue. Mr. Aronson stated the 2,142 square foot building is
proposed conversion of use to restaurant and is required to provide the difference
between one space per 300 and six spaces per 1,000 which is the restaurant parking and
totals 5.71 spaces which rounds up to six (6). Mr. Aronson stated the subject property is
located in Area 2 of the in -lieu program yielding $15,600.00 per space for a total of
$93,600.00. If approved, the applicant would like to pay via the In -Lieu of Parking Fee
Payment Agreement which requires 50% of the fee and two (2) 25% payments on the
second and third anniversaries of the agreement. The In -Lieu of Parking Program is
addressed in Chapter 12 of the Parking Study and there were some modifications to that
Code provision to remove the hardship requiring it to be impossible or inappropriate to
allow new construction to participate in the program. Staff has also added some
measurable criteria for the approval which is that public parking to be available in the
surrounding area. Mr. Aronson stated those changes have been enacted and provide for a
30% cap on the number of spaces that could be purchased based on what the total
requirement was. The in -lieu request also comes with a waiver to LDR Section
4.6.9(E)(3) which caps the number of spaces at 30 %. Mr. Aronson stated in order to
approve the waiver the following findings must be met: (1) shall not adversely affect the
neighboring area; (2) shall not significantly diminish the provision of public facilities, (3)
shall not create an unsafe situation; and, (4) does not result in a grant of a special
privilege in that the same waiver would be granted under similar circumstances on other
property for another applicant or owner. Staff has a concern with this setting a precedent
on a newly enacted Code and the next request seeks a waiver to the Code provision.
However, Mr. Aronson stated there are some challenges to the Code provision with the
30% and staff is reviewing that particular policy. Mr. Aronson stated although it does not
meet the 30% it does meet the new criteria of being close to available public parking it is
one block away from the Old School Square Garage to the north and 1' /2 blocks from the
Federspiel Garage on S.E. 1St Avenue. Staff recommends approval but had a concern that
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this not set a precedent. The Parking Management Advisory Board (PMAB)
recommended approval of the applicant's waiver, in -lieu payment fee requests, and
stipulating approval of the waiver not be viewed as a precedent. Mr. Aronson stated in
the discussion with the City Attorney and the advice of the City Manager stating that they
do not want it to set a precedent but the City Attorney explained that it would have to
under those similar circumstances and not just a request. Staff recommends approval and
noted another consideration was the length in time these negotiations where well in
advance of crafting these ordinances that the applicant negotiated in good faith with the
expectation he would be able to do his conversion. Mr. Aronson stated the Parking
Management Advisory Board (PMAB) recommended approval stipulating approval of
the waiver not be viewed as a precedent; the Community Redevelopment Agency (CRA)
and the Downtown Development Authority (DDA) also recommended approval.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he had no ex parte communications on this item.
Mrs. Gray stated she had no ex parte communications to disclose. Mayor McDuffie
stated he had communications with Mr. Cohen, Mr. Lynne, and Mr. Weiner who were at
the time concerned about being told that there was a moratorium on restaurant building in
the City of Delray Beach when in fact they were in the process of buying two parcels for
that very purpose. Also, Mayor McDuffie stated this was discussed at the Workshop
meeting and the applicant asked the question of what was going to happen and his
recollection was that the Commission said if we had work in the pipeline that it would not
be subject to these terms. Mr. Carney stated he attended the Parking Management
Advisory Board meeting where this was discussed. Dr. Alperin stated he had no ex parte
communications to disclose.
Jeffrey Lynne, Attorney with Weiner and Lynne, P.A., 10 S.E. lsc
Avenue Delray Beach FL 33444 representing the aRylicant, stated the property from
a property address standpoint as a structure is 9 N.E. 2° Avenue but it is actually broken
down into three bays (Bay 9, 11 & 15) and from mailing standpoint Bay 9 was Rita's; if
you were to send a letter to 11 N.E. 2nd Avenue it would be delivered to Bay 11. Mr.
Lynne stated the scope of this application only concerns Bays 11-15 and has nothing to
do with the former Rita's.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the request for the in -lieu parking agreement, to please come
forward at this time. There being no one from the public who wished to address the
Commission regarding the request for the in -lieu parking agreement, the public hearing
was closed.
There was no cross - examination or rebuttal.
Dr. Alperin stated the applicant is asking for parking that already exceeds
the existing ordinances. He stated he is not big on precedent setting decisions.
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Mr. Carney concurred with comments expressed by Dr. Alperin but the
reality is that they were in process when it failed the first time and it was resurrected. He
stated this issue with respect to the 30% essentially as it related to this particular property
would have not allowed the property to be redeveloped.
Brief discussion between the Commission and staff followed.
The City Manager stated the critical point is that this was in the works
before the 30% limit was adopted.
Mrs. Gray stated she supports this because the application was already in
and it appears that everyone that purchases in -lieu parking spaces always indicate that
they are going to the garage and asked how we know when we have reached that
capacity. Mr. Aronson stated at the Old School Square Garage at the current utilization
they would have a ways to go before they reach that capacity. He stated staff does have a
record of all of the in -lieu parking.
Mr. Frankel stated not only is this in very close proximity to the two
garages, there is the Bru's Room parking lot and the parking lot across the street. He
stated this is the sister ordinance the Commission is dealing with in this issue as well as
the next item for Ordinance No. 29 -11 with the 30 %. Mr. Frankel stated he was the only
dissenting vote of that ordinance and this is the reason why. In his opinion, Mr. Frankel
stated that is going to be an issue not only this evening but for many times at future
meetings because that ordinance was passed.
Mayor McDuffie stated the application was already in progress and
supports this request.
Dr. Alperin asked if everyone made their payments. Mr. Aronson stated
there was one but this has since been rectified and they have been put back on a payment
schedule. Mr. Aronson stated this is only available to the owners of the property and not
the tenants.
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. Carney moved to adopt the Board Order as presented, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs.
Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes. Said motion
passed with a S to 0 vote.
9.1C. REQUEST FOR IN -LIEU PARKING AGREEMENT AND
WAIVER/BEOJ, LLC.: Consider a request from BEOJ, LLC. for the purchase of eight
(8) in -lieu parking spaces in the amount of $124,800 and a waiver to Land Development
Regulations (LDR) Section 4.6.9(E)(3), "In -Lieu Fee ", to exceed the 30% limit of spaces
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that may be purchased through the In -Lieu of Parking program for conversion of the
former VFW (Veterans of Foreign Wars) building to restaurant use, located at 5 S.E. 2nd
Avenue. (Quasi- Judicial Hearing)
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he spoke with Gary Rack, Mr. Cohen, Mr. Jeff
Lynne and Mr. Weiner. Mrs. Gray stated she spoke to Mr. Cohen and Mr. Weiner.
Mayor McDuffie stated he had the same communications as he did on Item 9.13. Mr.
Carney and Dr. Alperin stated they had no ex parte communications to disclose.
Scott Aronson, Parking Management Specialist, stated this item is an in-
lieu parking request to accommodate the conversion of the former VFW (Veterans of
Foreign Wars) building located at 5 S.E. 2nd Avenue. Mr. Aronson stated the VFW is in
Class III Site Plan Modification for conversion use to restaurant. He stated they need to
provide the difference between restaurant parking which is 6 spaces per 1,000 and 1
space per 300 square feet. The subject property is located in Area 2 of the in -lieu
program yielding $15,600.00 per space totaling $124,800.00. If approved, the applicant
would like to pay via the In -Lieu of Parking Fee Payment Agreement which requires
payment of 50% of the fee ($62,400.00), upon signing and returning the agreement prior
to issuance of a building permit, and two 25% payments ($31,200.00) on the second and
third anniversaries of the agreement. Mr. Aronson stated the same issues that were faced
with the Parking Management Advisory Board (Item 9.13.) about staffs concerns
regarding setting a precedent. Staff recommends approval.
Jeffrey Lynne, Attorney with Weiner and Lynne, P.A., 10 S.E. 1St
Avenue, Delray Beach, FL 33444, stated this is the same situation regarding the 30%
rule.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the request for the in -lieu parking agreement, to please come
forward at this time. There being no one from the public who wished to address the
Commission regarding the in -lieu parking agreement, the public hearing was closed.
Mr. Carney concurs with Mr. Frankel because they did not focus at the
time on the 30% as it would relate to all these things and suggested that this be
readdressed as it relates to certain existing properties.
Mrs. Gray stated we are still waiting for the incentives for the retail.
Mayor McDuffie stated he supports this.
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).
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09/20/11
Dr. Alperin moved to adopt the Board Order as presented, seconded by
Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes. Said motion
passed with a 5 to 0 vote.
9.D. DELRAY BEACH MARINA RATES: Consider approval of a proposed
rate increase for the per foot rate from $16.00 per month to $18.00 per month for the
Delray Beach Marina.
Linda Karch, Director of Parks and Recreation, stated on September 22,
2009, the City Commission approved a rate reduction at the marina from $21.00 per foot
per month to $16.00 per foot per month. At that time, the marina had 11 vacancies and
due to the decrease in the rate per foot staff realized full occupancy with very little
turnover. In addition, Mrs. Karch stated the City has a waiting list of 43 people who pay
application fees as well as an annual fee. Mrs. Karch stated the marina has seen a few
new amenities since the rate has been decreased. A new pump out system has been
installed at each pier allowing boaters access to the system. She stated owners will now
be granted one parking space per slip on the east side of Marine Way and new lights have
been installed at each pavilion offering additional security. Mrs. Karch stated this
increase from $16.00 per foot per month to $18.00 per foot per month is still reasonable
for boaters and within the going area rate of other municipal marinas who allow live
aboards. Staff recommends approval of the rate increase.
Dr. Alperin moved to approve the rate increase at the Municipal Marina,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor
McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray —
Yes. Said motion passed with a 5 to 0 vote.
9.E. BID AWARD / RANDOLPH AND DEWDNEY CONSTRUCTION,
INC.: Consider approval of a bid award to Randolph and Dewdney Construction, Inc. in
the amount of $456,710.00 for renovations to the Pompey Park Concession Stand.
Funding is available from 334 - 4127 -572 -62.10 (General Construction Fund: Building).
Mrs. Gray asked if the Commission will consider to table and ask the
Community Redevelopment Agency (CRA) to participate again in this project.
The City Manager stated the CRA looked at this once before and declined
to participate and feels it is worth asking them again. The City Manager stated if the
CRA could pay for Phase II then the City could do the entire project without affecting the
City's budget anymore.
Prior to the vote, Mayor McDuffie asked if there are any issues with the
bids still being valid if the Commission waits until the next meeting.
Mr. Carney suggested that as part of the motion that they put the timing of
the bid in advance until such time as it is reconsidered. The City Attorney stated
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09/20/11
normally when the bid is sent out the City asks the bidders and they agree to hold the bid
for sixty days (60) and he does not know where staff is in that process. Richard Hasko,
Director of Environmental Services, stated normally the City requires the bidders to hold
their prices for sixty (60) days from the bid opening. Mr. Hasko stated he did get a
commitment from Randolph and Dewdney Construction, Inc. from the last meeting that
they would hold their bid price.
Diane Colonna, Executive Director of the Community Redevelopment
Agency WRA), stated the Board discussed this at the last meeting and it was not so
much an issue of available dollars but the Board felt the project was not consistent with
the CRA's mission regarding economic development and were more interested in
projects that would make things better for the kids.
Mr. Carney moved to table Item 9.E., seconded by Mr. Frankel. Upon
roll call the Commission voted as follows: Mr. Carney — Yes; Dr. Alperin — 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 7:00 p.m., the Commission moved to Item 10,
Public Hearings.
10. PUBLIC HEARINGS:
10.A. RESOLUTION NO. 40 -11 (FINAL MILLAGE LEVY): A
resolution levying a tax on all properties within the City of Delray Beach for operation
and maintenance and for payment of principal and interest on bonded indebtedness for
FY 2012.
The caption of Resolution No. 40 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL
PROPERTIES WITHIN THE CITY OF DELRAY
BEACH, FLORIDA, FOR MAINTENANCE AND
OPERATION, AND TO LEVY A TAX FOR THE
PAYMENT OF PRINCIPAL AND INTEREST ON
BONDED INDEBTEDNESS, AND TO ALLOCATE
AND APPROPRIATE SAID COLLECTIONS
THEREUNDER.
(The official copy of Resolution No. 40 -11 is on file in the City Clerk's
office.)
The City Attorney stated the proposed millage rate for the City of Delray
Beach for fiscal year 2012 is 7.19 which is 4.03% less than the rolled -back millage rate
(7.4922).
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09/20/11
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 40 -11,
the public hearing was closed.
Mr. Frankel stated in prior meetings the Commission discussed lowering
the millage rate from last year's rate of 7.19% to 7.15% and asked if that is still an
option. The City Manager stated at this stage this is not an option.
Dr. Alperin moved to approve Resolution No. 40 -11, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Dr. Alperin — Yes; Mr. Frankel —
Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed
with a 5 to 0 vote.
10.B. RESOLUTION NO. 41 -11 (MILLAGE LEVY/DDA): A resolution
levying a tax on all properties within the Downtown Development Authority Taxing
District of the City of Delray Beach for FY 2012.
The caption of Resolution No. 41 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL
PROPERTIES WITHIN THE DOWNTOWN
DEVELOPMENT AUTHORITY TAXING DISTRICT OF
THE CITY OF DELRAY BEACH, FLORIDA, FOR
MAINTENANCE AND OPERATION, AND TO
APPROPRIATE SAID COLLECTIONS THEREUNDER.
(The official copy of Resolution No. 41 -11 is on file in the City Clerk's
office.)
The City Attorney stated the proposed millage rate is 1.0000 mill for the
DDA and is more than the rolled back rate (0.9860) by 1.42 %.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission, the public hearing was closed.
Mr. Carney moved to approve Resolution No. 41 -11, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray
— Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes. Said motion
passed with a 5 to 0 vote.
10.C. RESOLUTION NO. 42-11 BUDGET ADOPTION FOR FY 2012): A
resolution making appropriations of sums of money for all necessary expenditures of the
City of Delray Beach for the period October 1, 2011 through September 30, 2012.
The caption of Resolution No. 42 -11 is as follows:
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09/20/11
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, MAKING
APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF
DELRAY BEACH FOR THE PERIOD FROM THE Iv
DAY OF OCTOBER, 2011, TO THE 30th DAY OF
SEPTEMBER, 2012; TO PRESCRIBE THE TERMS,
CONDITIONS AND PROVISIONS WITH RESPECT TO
THE ITEMS OF APPROPRIATIONS AND THEIR
PAYMENT; AND TO REPEAL ALL RESOLUTIONS
WHOLLY IN CONFLICT WITH THIS RESOLUTION
AND ALL RESOLUTIONS INCONSISTENT WITH
THIS RESOLUTION TO THE EXTENT OF SUCH
INCONSISTENCY.
(The official copy of Resolution No. 42 -11 is on file 111 the City Clerk's
office.)
The City Manager stated there is a printout of the revised Exhibit "A" to
the budget resolution. The highlighted items were the items that were changed from what
the Commission received last week. The changes incorporate the contract that the Police
Benevolent Association (PBA) will be voting on next Tuesday and Wednesday. Also, it
incorporates funding for Item 9.K. and added back in approximately $10,000.00 to the
lifeguard budget because the original proposed budget was to not man Tower End II for
three months during the year and this would allow for year round manning again. The
City Manager stated the biggest item is the step increase for Police next year will cost
approximately $250,000.00. The City still has a reserve of $77,000.00 and anticipates
receiving funding through the fire assessment fee of approximately $3.1 -$3.2 million.
Mr. Frankel moved to approve Resolution No. 42 -11, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes. Said motion
passed with a 5 to 0 vote.
10.C.1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN:
Accept the Planning and Zoning Board's finding that the proposed Five Year Capital
Improvement Plan for FY 2011 -12 through FY 2015 -16 and FY 2012 Capital
Improvement Budget are consistent with the Comprehensive Plan.
Paul Dorling, Director of Planning and Zoning, stated the Planning and
Zoning Board considered this at their meeting last night and recommended approval with
a vote of 7 to 0.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission, the public hearing was closed.
IR
09/20/11
Dr. Alperin stated on page 388 Policy (E)(3)(2) it mentions a sidewalk
plan and he inquired if there is a Neighborhood Sidewalk Plan. Richard Hasko, Director
of Environmental Services, stated the City had a sidewalk survey done many years ago
and that was intended to help the City review where some of the priorities were. Mr.
Hasko stated the City does not have an actual sidewalk plan.
Dr. Alperin moved to approve the Five Year Capital Improvement Plan,
seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor
McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray —
Yes. Said motion passed with a 5 to 0 vote.
For the record, the City Manager stated with regard to the budget the peak
staffing was in 2007 and this year the City reduced another eight positions; six of those
eliminated and two more are frozen. The City Manager stated in total the City has
reduced 62 positions.
10.D. ORDINANCE NO. 29 -11: Consider a city - initiated amendment to the
Land Development Regulations (LDR) Section 4.4.13, "Central Business (CBD)
District ", Subsection. (G), "Supplemental District Regulations ", and Section 4.4.24, "Old
School Square Historic Arts District (OSSHAD) ", Subsection (G), "Supplemental
District Regulations ", to clarify the parking requirements for restaurants.
The caption of Ordinance No. 29 -11 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 4.4.13, "CENTRAL BUSINESS
(CBD) DISTRICT ", SUBSECTION (G),
"SUPPLEMENTAL DISTRICT REGULATIONS ",
SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OSSHAD) ", SUBSECTION (G),
`SUPPLEMENTAL DISTRICT REGULATIONS ", TO
CLARIFY THE PARKING REQUIREMENTS FOR
RESTAURANTS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 29 -11 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.
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09/20/11
Paul Dorling, AICP, Director of Planning and Zoning, stated this is the
second reading of a city - initiated amendment to the LDRs that will increase the parking
requirement for restaurant uses along Atlantic Avenue from Swinton Avenue to N.E. /S.E.
5t' Avenue between the east and west alleys located immediately north and south of
Atlantic Avenue. Mr. Dorling stated this would increase the parking requirements from 6
spaces to 12 spaces per 1,000 square feet for restaurants to be equal to parking
requirements city -wide outside the CBD (Central Business District). Mr. Dorling stated
the City Commission asked staff to provide additional information on this. He stated
staff did research all the city zoning codes and from 1959 -1972 the City required parking
on a number of seats which was approximately 10 per 1,000; 10 per 1,000 + 1 per 3
employees and from 1972 -1973 it went to 12 spaces per 1,000. The CBD area was
created in 1973 and that initial designation was 10 spaces per 1,000 while the balance of
the City remained at 12 spaces per 1,000; from 1976 -1980 the City went to 1 for each 300
square feet; from 1980 -1984; from 1984 -1993 it went to 1 per 300; 1993 -2001 the City
went to 1 per 300 in the small area that was the original DDA area; then the City went to
6 per 1,000 and then from 2001 -2011 the entire CBD was 6 per 1,000. Mr. Dorling
stated there was some consideration as to whether the current rate of 12 per 1,000
citywide was reasonable. Staff did some calculations with respect to 1,000 square foot
restaurant space requiring 12 spaces and that could accommodate approximately 40 seats
if you put two persons per vehicle that would equate to a demand of 20 spaces for 1,000
square feet. He stated that does not address parking for employees. Staff looked at
different Planning organizations and what their suggested rates were. Staff also looked
at other municipalities and they ranged from 16 per 1,000 to a low of 1 per 1,000 in a
downtown core area in West Palm Beach. Also, it is important to note that unlike other
municipalities the City does not assess parking for sidewalk cafes. Mr. Dorling stated
there has been reference to the Cluster 4 Study and the Study completed in 2005
identified some policies and recommendations going forward and encouraged retail uses
be added and that be done by not encouraging new restaurants. Mr. Dorling stated this
modification in no way prohibits the conversion of spaces to restaurants but makes it
more attractive in other areas of the CBD (Central Business District). Staff recommends
approval.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 29 -11,
the public hearing was closed.
Mr. Frankel stated this ordinance will have a major impact on Atlantic
Avenue and feels we need to create incentives for retail businesses. He stated restaurants
are major businesses for Atlantic Avenue and they create a number of jobs. In his
opinion, Mr. Frankel stated passing this ordinance is going to cause major vacancies on
Atlantic Avenue and he does not support this ordinance.
Mrs. Gray stated she is going to support staff's recommendation because
she believes the ordinance was written at a time when we needed to attract more
businesses and she feels that Cluster 4 has done that. Mrs. Gray stated she hopes that
there will soon be incentives in place.
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09/20/11
Mr. Carney stated he supports staffs recommendation because the actual
use versus the perceived use of the tables and people occupying restaurants people do not
go in carpools to restaurants and typically a table of four has two cars. Therefore, Mr.
Carney stated when you add up the number of people going to a restaurant and the
number of car spaces used to occupy those four seats you are really talking two cars per a
table of four. Mr. Carney stated there is no accounting for the sidewalk cafes and 10-
15% of some of these restaurant tables are allocated to the sidewalk cafes to which there
has been no parking calculations imposed in the establishment of that outdoor seating and
although they pay a fee for it that is not anywhere near sufficient to address the parking
ramifications are to the outdoor seating. Mr. Carney stated the CRA, WARC, DDA, and
P &Z all support this. He stated by bringing it equal to where it is everybody else in the
city then this is fair because all the city is doing is creating an incentive for downtown
and almost creating a disincentive for any other place in the city. Lastly, Mr. Carney
stated the current restaurants are there and have their parking and are not impacted so if
they are boarded up it is because they are failing as restaurants not because of this
ordinance. Mr. Carney stated at worst it will slow down the conversion of retail to
restaurants and at best will encourage development of restaurants in areas outside of here.
Dr. Alperin stated when strolling downtown through all the tables on the
sidewalk that part is not the most pleasant; however, the part that is pleasant about the
downtown is the retail and the galleries and he does not feel the City can lose any more of
that. He stated the biggest incentive for retail is to make it a little more difficult to
convert it so the rents will stay down or if there is enough vacancy the rents will actually
go down for retail space. Dr. Alperin stated this ordinance does not prohibit conversion
but it just makes it more incentivized to stay as retail. Dr. Alperin stated he supports the
ordinance.
Mayor McDuffie stated he supports an incentive for restaurants to go up
Pineapple Grove and other places like that. Mayor McDuffie inquired about a total
inventory of how many parking spaces we have available. The City Manager stated the
Parking Management Study has a thorough inventory in it. Mr. Dorling stated Mr.
Aronson had made reference earlier regarding the number of in -lieu spaces that have
been approved and staff has a very detailed list of the total inventory of parking spaces as
well as the utilization of each and every one of those lots.
Mr. Carney moved to adopt Ordinance No. 29 -11 on Second and FINAL
Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr.
Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — No; Mrs. Gray — Yes; Mayor McDuffie —
No. Said motion passed with a 3 to 2 vote, Commissioner Frankel and Mayor McDuffie
dissenting.
10.E. ORDINANCE NO. 27 -11: Consider amendments to the Community
Redevelopment Agency (CRA) Plan.
The caption of Ordinance No. 27 -11 is as follows:
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09/20/11
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
MODIFYING THE COMMUNITY REDEVELOPMENT
PLAN FOR THE CITY OF DELRAY BEACH; FINDING
THAT THE MODIFICATIONS CONFORM TO THE
COMMUNITY REDEVELOPMENT ACT OF 1969, AS
AMENDED; FINDING THAT THE MODIFICATIONS
ARE CONSISTENT WITH THE CITY OF DELRAY
BEACH'S COMPREHENSIVE PLAN, AND MAKING
FURTHER FINDINGS PURSUANT TO THE
APPLICABLE REQUIREMENTS OF FLORIDA
STATUTE 163.360; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 27.11 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, Director of Planning and Zoning, stated this is consideration
of a CRA initiated amendment to their Community Redevelopment Plan and the findings
that the modifications conform to the Community Redevelopment Act of 1969, that are
also consistent with the City of Delray Beach's Comprehensive Plan and further findings
pursuant to applicable requirements of Florida Statute 163.360. The Plan establishes
projects and programs that will be undertaken by the CRA in the coming years. Mr.
Dorling stated the first CRA Plan was adopted in 1986 and the last amendment was
adopted in 2009. He stated if the amendment is adopted tonight this latest amended plan
will supersede the current plan in its entirety. Mr. Dorling stated it contains updated
information on current plans, projects, and program descriptions and the addition of two
new projects as well as updates to maps.
At its meeting of July 6, 2011, the Pineapple Grove Main Street Executive
Board reviewed the amendments and recommended approval; at its meeting of July 11,
2011, the Downtown Development Authority (DDA) reviewed and recommended
approval but requested more emphasis on the timely implementation of parking
improvements and business facility upgrades in the Osceola Park area; at its meeting of
July 12, 2011, the West Atlantic Avenue Redevelopment Coalition (WARC) considered
this and recommended approval but recommended the addition of a new "economic
diversity statement" to the program objectives of several sections, in order to promote
CRA contracts with more minority -owned businesses located within the CRA District; at
its meeting of August 15, 2011, the Planning and Zoning Board reviewed the
amendments and recommended approval.
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09/20/11
Mayor McDuffie declared the public hearing open.
Diane Colonna, Executive Director of the Community Redevelopment
Agency (CRA), stated she is present for any questions the Commission may have.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 27 -11, the public hearing was closed.
Mr. Frankel moved to adopt Ordinance No. 27 -11 on Second and FINAL
Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Dr.
Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney
— Yes. Said motion passed with a 5 to 0 vote.
10.F. ORDINANCE NO. 28 -11: Consider an ordinance which
provides definitions for fraud, waste, abuse, misconduct and mismanagement related to
the Palm Beach County Inspector General.
The caption of Ordinance No. 28 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 10, "GENERAL PROVISIONS ".
BY AMENDING SECTION 10.05, "DEFINITIONS ", BY
ADOPTING A PREAMBLE ALONG WITH FIVE (5)
NEW DEFINITIONS WHICH SHALL BE INCLUDED
AMONG THE EXISTING DEFINITIONS IN
ALPHABETICAL ORDER; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 28 -11 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 28 -11,
the public hearing was closed.
Mr. Carney inquired if there were any changes from the previous version.
The City Attorney stated that there are no changes from the previous version.
Mr. Carney moved to adopt Ordinance No. 28 -11 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
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09/20/11
Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin
— Yes. Said motion passed with a 5 to 0 vote.
10.G. ORDINANCE NO. 30-11: Consider an ordinance amending Chapter 96,
"Fire Safety and Emergency Services ", of the Code of Ordinances, by amending Section
96.16, "Certain Codes Adopted by Reference ", to promote clarity, conciseness, and a
common sense methodology.
The caption of Ordinance No. 30 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 96, "FIRE SAFETY AND
EMERGENCY SERVICES ", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 96.16,
"CERTAIN CODES ADOPTED BY REFERENCE ", TO
CLARIFY THE REQUIREMENTS FOR
RECONSTRUCTION; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 30 -11 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 30 -11,
the public hearing was closed.
Dr. Alperin moved to adopt Ordinance No. 30 -11 on Second and FINAL
Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs.
Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel —
Yes. Said motion passed with a 5 to 0 vote.
10.H. ORDINANCE NO. 31 -11: Consider an amendment to Chapter 35,
"Employee Policies and Benefits ", Section 35.089, "Definitions ", to revise the definition
of "Normal Retirement Date ".
The caption of Ordinance No. 31 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEE POLICIES
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09/20/11
AND BENEFITS ", SECTION, 35.089, "DEFINITIONS ",
TO REVISE THE DEFINITION OF "NORMAL
RETIREMENT DATE "; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 31 -11 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 the reason for this ordinance is if a City
employee who is partially vested and they left employment and they came back after
October 2010 when the new requirements for a pension plan went into effect, they would
be governed under the new requirements for their pension after that date.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 31 -11,
the public hearing was closed.
Mr. Frankel moved to adopt Ordinance No. 31 -11 on Second and FINAL
Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows:
Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs.
Gray — Yes. Said motion passed with a 5 to 0 vote.
10.1. ORDINANCE NO. 26-11: Consider a city - initiated amendment to the
Land Development Regulations (LDR) to amend Article 2.2, "Establishment of Boards
Having Responsibilities for Land Development Regulations ", and to amend Section
4.4.6, "Medium Density Residential (RM) ", to provide for housekeeping corrections to
outdated references.
The caption of Ordinance No. 26 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTIONS 2.2.1, "GENERAL
PROVISIONS ", 2.2.2, "THE PLANNING AND ZONING
BOARD ", SUBSECTIONS (A), "CREATION" AND (E),
"DUTIES, POWERS, AND RESPONSIBILITIES"; 2.2.3,
"THE SITE PLAN REVIEW AND APPEARANCE
BOARD ", SUBSECTION (D), "DUTIES, POWERS, AND
RESPONSIBILITIES "; 2.2.4, "THE BOARD OF
ADJUSTMENT ", SUBSECTION (A), "CREATION ";
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09/20/11
AND 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM)
DISTRICT ", SUBSECTION (H), "SPECIAL
REGULATIONS ", TO CORRECT OUTDATED
REFERENCES THEREIN; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 26 -11 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 Land Development Regulations to provide for housekeeping
corrections to outdated references. Mr. Dorling stated it modifies the general provision
sections, Section 2.2.2. "The Planning and Zoning Board ", Section 2.2.3 "The Site Plan
Review and Appearance Board ", "The Board of Adjustment "; and, Section 4.4.6 Medium
Density Residential (RM) District ".
At its meeting of August 15, 2011, the Planning and Zoning Board
recommended approval with a 6 to 0 vote (Connor Lynch absent).
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 26 -11,
the public hearing was closed.
Dr. Alperin moved to adopt Ordinance No. 26 -11 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie
— Yes. Said motion passed with a 5 to 0 vote.
10.J. ORDINANCE NO. 33 -11: Consider an amendment Amending Chapter
91, "Animals ", Section 91.03, "Trapping, Hunting Birds "; Chapter 95, "Emergency
Management ", Section 95.05, "Declaration of a State Of Emergency", and Section 95.09,
"Police Emergencies "; Chapter 96, "Fire Safety and Emergency Services ", Section 96.25,
"Discharge Or Use of Fireworks, Pyrotechnic Devices and Special Effects "; Chapter 101,
"Parks, Beaches and Recreation ", Section 101.20, "Firearms and Weapons; Fireworks ",
Section 101.36, "Additional Rules Applying to Parks, Recreational Facilities and the
Municipal Beach ", Subsection 101.36(D), "Safety Hazards ", and Subsection 101.36(E),
"Nuisances at Parks, Recreational Facilities and Municipal Beach Sites "; and Chapter
132, "Offenses Against Public Peace and Safety", by repealing Section 132.02,
"Disturbing the Peace; Public Places ", of the Code Of Ordinances, to conform with
regulations set forth in House Bill 45 amending Section 790.33, Florida Statutes and to
otherwise comply with State and Federal Statute.
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The caption of Ordinance No. 33 -11 is as follows:
} AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 91, "ANIMALS ", SECTION
91.03, "TRAPPING, HUNTING BIRDS"; CHAPTER 95,
"EMERGENCY MANAGEMENT ", SECTION 95.05,
"DECLARATION OF A STATE OF EMERGENCY ",
AND SECTION 95.09, "POLICE EMERGENCIES ";
CHAPTER 96, "FIRE SAFETY AND EMERGENCY
SERVICES ", SECTION 96.25, "DISCHARGE OR USE
OF FIREWORKS, PYROTECHNIC DEVICES AND
SPECIAL EFFECTS "; CHAPTER 101, "PARKS,
BEACHES AND RECREATION", SECTION 101.20,
"FIREARMS AND WEAPONS; FIREWORKS ",
SECTION 101.36, "ADDITIONAL RULES APPLYING
TO PARKS, RECREATIONAL FACILITIES AND THE
MUNICIPAL BEACH ", SUBSECTION 101.36(D),
"SAFETY HAZARDS ", AND SUBSECTION 101.36(E),
"NUISANCES AT PARKS, RECREATIONAL
FACILITIES AND MUNICIPAL BEACH SITES "; AND
CHAPTER 132, "OFFENSES AGAINST PUBLIC
PEACE AND SAFETY ", BY REPEALING SECTION
132.02, "DISTURBING THE PEACE; PUBLIC
PLACES ", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, TO CONFORM WITH
REGULATIONS SET FORTH IN HOUSE BILL 45
AMENDING SECTION 790.33, FLORIDA STATUTES
AND TO OTHERWISE COMPLY WITH STATE AND
FEDERAL STATUTES; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 33 -11 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 33 -11,
the public hearing was closed.
Mr. Frankel asked if this has to do with the Statute about bringing guns
into public places. The City Attorney stated if we an ordinance dealing with guns period
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we cannot do that. The City Attorney stated it is his understanding that Statute has been
on the books for a while; however, nobody enforced it until they amended the Statute to
provide that if municipalities have something like that on the books and if it is enforced
or used in some manner then that can result in penalties of up to $5,000.00 and removal
from Office which would directly affect the City Commission.
Mr. Carney asked if the League of Cities is trying to do anything with this
and stated this infringes on the rights of municipalities to govern the activities of their
own residents and people visiting their city.
Mayor McDuffie stated you can carry a concealed weapon in a public
place if you have a concealed weapon permit. Mayor McDuffie stated according to State
law now someone can walk out the front door of their private property and discharge a
firearm.
The City Manager stated this was discussed at the League of Cities Urban
Administration Committee Meeting that he attended last Friday and it was dependent on
the League that given the current composition of the legislature that amending it this year
is impossible.
Dr. Alperin moved to adopt Ordinance No. 33 -11, seconded by Mrs. Gray.
Upon roll call the Commission voted as follows: Dr. Alperin — Yes; Mr. Frankel — Yes;
Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a
5 to 0 vote.
At this point, the time being 8:04 p.m., the Commission moved to Item
11.B., Comments and Inquiries on Non - Agenda Items from the Public.
11.11. From the Public.
11.B.1. Yvonne Odom, 3905 Lowson Boulevard, Delray Beach, FL 33445=
thanked the City Manager for his letter addressing her concerns from the last meeting.
11.B.2. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach ), stated we now have an Inspector General and Ethics Committee and this shows
that the State, the County, and the residents are interested in transparency and guarding
against the imagery of improprieties. Dr. Kirson asked why the Delray Beach City
Commission still has meetings in small meeting rooms without internet coverage
disallowing those who would like to see reports like were given last week. Dr. Kirson
requested that all meetings be held in the City Commission Chambers.
11.B.3. Rose Hendrix, P.O. Box 6162, Delray Beach, FL 33482, stated Out of
School Coordinator Tonya Smith has falsified a Police Report on her. Ms. Hendrix stated
she has contacted the City Manager, Mayor McDuffie, and has also sent emails. Ms.
Hendrix stated her children have attended the After School Program for several years and
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Tonya Smith objects to her writing reports to the City Manager and speaking to the City
Commission and has started a vendetta against her. Ms. Hendrix stated Ms. Smith has
asked her to write a malicious letter against Parks Superintendent Tim Simmons and she
refused. Ms. Hendrix stated she has contacted the Ethics Department, the Palm Beach
Department of Professional Regulations, and Florida State Representatives Maria Sachs
and Lori Berman's office. She urged the City Commission and the City officials to get
involved and asked for a response to this issue.
At this point, the time being 7:59 p.m., the Commission moved to Item
11.A., City Manager's response to prior public comments and inquiries.
11.A. City Manager's response to prior public comments and inquiries.
With regard to a concern Dr. Kirson had raised a concern about the
seaweed on the beach particularly over the Labor Day weekend and about the frequency
with which the beach is cleaned, the City Manager stated when the contract for beach
cleaning was renewed in 2006 the number of days for raking sea grass was increased
from once a week to three times a week. The City Manager stated there has been a
deluge of seaweed washing onto the coast and the lifeguards supervise the cleaning of the
beach to be sure that the three times a week is fulfilled but it may only diminish the
seaweed to the extent that it can appear almost imperceptible when certain conditions
coincide. He stated with the combined factors of seaweed flourishing right now at an
inexplicable rate, consistent east winds pushing it toward our shore and two high tides
seaweed can be replaced more quickly than it can be removed on certain days or weeks.
The City Manager stated while the City removes what it can the presence of some
seaweed is actually advantageous and important to the beach eco system. One important
role it plays is providing critical habitat for juvenile sea turtles and hatchlings; it provides
many hatchlings with a source of food and shelter from predators. He stated when
injured hatchlings are rehabilitated and re- released into the ocean they are often
transported for several miles until a large section of seaweed is found because the
presence of the seaweed increases the chances of survival. The timing of this influx of
seaweed is actually fortuitous for the sea turtle hatchlings. While the seaweed may be an
obstacle to some, it is a lifesaver to others.
Secondly, the City Manager stated Mr. McCall was concerned about the
difference in time limits for the downtown parking in different areas. The City Manager
stated time limited parking is the primary tool in managing the City's parking system in
terms of encouraging more frequent turnover in strategic areas for the benefit of local
businesses in allowing longer term parking in lots where turnover is less critical for
merchants. The City Manager stated in the downtown business district west of the
Intracoastal Waterway there is no metered parking so time limiting on various on street
areas and lots is the only method available to the City for managing the system. Time
limits for all parking areas will be revisited as the Parking Management Plan
recommendations are implemented. He stated Mrs. Odom had already referred to a
situation that she brought up at the last meeting that two hour limits for parking meters on
A -1 -A apply only to angled parking to encourage frequent turnover for the benefit of the
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merchants across from the beach where the angled parking is. All other metered spaces
on A -1 -A have a four hour time limit.
Also, the City Manager stated there was a question raised about the value
of the Police Volunteer Program. The City considers this program one of the most
organized accountable and cost effective programs attached to the Police Department.
The total requested budget for the Police Volunteer Program for 2012 is $105,530.00.
This estimate includes the cost for operating expenses such as uniforms, equipment and
training, cost of vehicle leases, maintenance, fuel and events such as the Senior Academy
and Haitian Citizen Police Academy. During fiscal year 2010, Police volunteers
completed 31,928 hours of service and if these hours were compensated by the City the
volunteer hours would correspond to a monetary value of $576,000.00 when calculated at
the average C.S.O. hourly rate of $18.05 per hour. The Police Volunteer Program
provides additional revenue through parking enforcement. This year to date the total
revenue generated through the collection of parking fines is $316,000.00. Police
volunteers play an instrumental role in crime prevention and enforcement. They conduct
patrols of the downtown parking garages and surface lots both day and night. He stated
utilizing the crime analysis, volunteer groups focus on high visibility patrols and target
crime locations. Periodically volunteers provide assistance with community policing
initiatives by acting as liaisons with citizen groups. Police volunteers are available
during special events to assist with traffic control and provide support as needed. The
City Manager stated there was a suggestion made that the Police volunteers were not
needed downtown because nothing is happening. He stated one of the big problems that
West Palm got into is they had a series of high profile well publicized criminal incidents
and it is extremely important for the City to keep downtown safe and prevent those kinds
of incidences from happening and one of things that does that is by having the volunteers
there as well as the uniformed officers.
Lastly, the City Manager stated in response to Ms. Hendrix's comments
that she has been told by several staff members that this is a private dispute between her
and the employee and it is not employment related and she needs to take care of it
through the legal system.
At this point, the time being 8:06 p.m., the Commission moved back to
Item 9.F. of the Regular Agenda.
9.F. CONSULTING SERVICE AUTHORIZATIONSMALM BEACH
COUNTY PUBLIC ART ADMINISTRATION/PUBLIC ART CONSULTING
SERVICE: Consider Consulting Service Authorizations with Elayna Toby Singer, Palm
Beach County Public Art Administrator to provide administrative support for several
public art projects throughout the City. Funding is available from 115- 1702 -579 -31.90
(Special Projects Fund: Professional Services /Other Professional Services).
9.F.1. SERVICE AUTHORIZATION NO. 2/DEBILZAN PUBLIC ART
LOAN TO THE CITY OF DELRAY BEACH: Consider Service Authorization No. 2
with Elayna Toby Singer, Palm Beach County Public Art Administrator, to facilitate
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artist, City Staff and PAAB in art design/material approval, fabrication, installation of
artwork located at Worthing Park.
Linda Karch, Director of Parks and Recreation, stated the Public Art
Advisory Board is requesting Commission approval and authorization for the Mayor to
execute consulting Service Authorization Nos. 2 -5 between Palm Beach County, Elayna
Toby Singer, Public Art Administrator and the City of Delray Beach for administrative
support. Mrs. Karch stated there are four separate agreements; the first is an agreement
for Public Art Consulting between the City of Delray Beach and Palm Beach County and
that Service Agreement was approved February 15, 2011. This agreement specifies that
the services performed by the County shall be authorized by a Service Authorization.
She stated each service authorization shall be incorporated in and shall become an
integral part of the contract dated February 15, 2011. The Public Art Advisory Board
recommends approval of the Consulting Service Authorizations; however, staff
recommendations on the four service authorizations are included in the individual sub
item that follows each agenda item. Mrs. Karch stated Service Authorization No. 2 for
Debilzan Public Art Loan to the City of Delray Beach would authorize the Public Art
Administrator to facilitate the artist, city staff, and the design and art material fabrication
and installation of artwork located in Worthing Park. Staff recommends that this Service
Authorization be rejected because the artist is loaning the sculpture and the City already
has a design team for the park design. Staff feels that the artist and park design team
should be able to finalize the installation without the consultant services on this project.
Mayor McDuffie asked if the City is paying the $65.00 per hour to Palm
Beach County and not to the consultant. The City Attorney stated the money goes to
Palm Beach County and noted the consultant works for Palm Beach County.
Albert Gaum- Rickard, Proiect Coordinator/Parks & Recreation,
stated the first agreement between the Public Art Board and Palm Beach County was
February 15, 2011 and it said that we would have a Public Art Administrator for the City
of Delray Beach and that we would pay the $65.00 per hour to Palm Beach County for
that service.
Mayor McDuffie inquired about Service Authorization No. 1 on May 17,
2011. Ms. Gaum- Rickard stated there are five Service Authorizations and Service
Authorization No. 1 was for the Public Art Master Plan and it all comes under the one
agreement with Palm Beach County.
The City Attorney stated Item 9.F. is like the global agreement and sets
forth all of the basic understanding between the City and the County and what that
agreement provides for is that if we want to have Ms. Singer do certain things then this is
done through a Service Authorization.
Mr. Carney asked if Elayna Toby Singer is an employee of the County
then why is the City being billed for services. Dana Donaty, Chair of the Public Art
Advisory Board stated these are public art projects for the City of Delray Beach not for
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the County.
Brief discussion between the Commission and Ms. Donaty followed.
Ms. Gaum - Rickard stated Service Authorization No. 3 (Amendment No.
1)/Update Public Art Master Plan is with Elayna Toby Singer, Palm Beach County Public
Art Administrator to address Public Art priorities, assess policies and procedures, to
facilitate meetings between staff liaison/Public Art Advisory Board and City staff
involved in Public Art Projects with CRA staff and the Creative City Collaborative
(CCC) so that public art is being distributed correctly.
The City Attorney stated all the City is doing is changing the scope of
work on Service Authorization No. 1 and no more money is being added to it.
Dr. Alperin moved to approve Service Authorization No. 2/Debilzan
Public Art Loan to the City of Delray Beach, seconded by Mr. Frankel. Upon roll call the
Commission voted as follows: Mr. Frankel — No; Mrs. Gray — No; Mayor McDuffie —
No; Mr. Carney — No; Dr. Alperin — No. Said motion to approve was DENIED with a 5
to 0 vote.
9.F.2. SERVICE_ AUTHORIZATION NO. 3 (AMENDMENT NO. 11/
UPDATE PUBLIC ART MASTER PLAN: Consider Service Authorization No. 3
(Amendment No. 1) with Elayna Toby Singer, Palm Beach County Public Art
Administrator to address Public Art priorities, assess policies and procedures, to facilitate
meetings between Staff Liaison/Public Art Advisory Board and City Staff involved in
Public Art Projects /CRA staff /Creative City Collaborative, and to provide a Summary
Report.
Dr. Alperin moved to approve Service Authorization No. 3 (Amendment
No. 1)/Update Public Art Master Plan, seconded by Mr. Frankel. Upon roll call the
Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie —
Yes; Mr. Carney — Yes; Dr. Alperin — Yes. Said motion passed with a 5 to 0 vote.
9.F.3. SERVICE AUTHORIZATION NO. 4 BOY SCOUT
SCULPTURE: Consider Service Authorization No. 4 with Elayna Toby Singer, Palm
Beach County Public Art Administrator to facilitate Artist, City Staff and PAAB in art
design/material approval of base, foundation and installation of donated sculpture.
Dr. Alperin moved to approve Service Authorization No. 4/Boy Scout
sculpture, seconded by Mr. Frankel. Upon roll call the Commission voted as follows:
Mrs. Gray — Yes; Mayor McDuffie — No; Mr. Carney — No; Dr. Alperin — No; Mr.
Frankel — No. Said motion to approve was DENIED with a 4 to 1 vote, Mrs. Gray
dissenting.
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9.F.4. SERVICE AUTHORIZATION NO. 51 BUS SHELTER
CENTENNIAL ART CONTEST: Consider Service Authorization No. 5 with Elayna
Toby Singer, Palm Beach County Public Art Administrator to coordinate with local
schools for contestants, facilitate Artist, City Staff and PAAB in art design/material
approval, fabrication, and installation of bus shelter artwork.
Dr. Alperin moved to approve Service Authorization No. 5 /Bus Shelter
Centennial Art Contest, seconded by Mr. Frankel. Upon roll call the Commission voted
as follows: Mayor McDuffie — No; Mr. Carney — No; Dr. Alperin — No; Mr. Frankel —
No; Mrs. Gray — No. Said motion to approve was DENIED with a 5 to 0 vote.
9.G. BID AWARD /SPORTS TURF ONE, INC.: Consider approval of a bid
award in the amount of $77,148.00 to Sports Turf One, Inc., the third lowest responsive
bidder, for annual maintenance at Seacrest Soccer Complex and Hilltopper Stadium.
Funding is available from 001 -4131- 572 -34.90 (General Fund: Other Contractual
Service).
Linda Karch, Director of Parks and Recreation, stated this item is for the
Commission to consider awarding a bid to Sports Turf One, Inc. in the amount of
$77,148.00 for the annual maintenance of the Seacrest Soccer Complex and Hilltopper
Stadium. Tim Simmons, Parks Superintendent, recommends awarding the bid to the
third lowest bidder Sports Turf One, Inc. in the amount of $77,148.00. Mrs. Karch stated
the three other bidders do not have the required amount of experience as listed in the bid
specification. The lowest bidder, Phoenix Landscape Maintenance list 3 '/2 years of
sports turf experience which is actually Bermuda 419 turf on an airfield. The second
lowest bidder is Elan Lawn and Landscape Services. Mrs. Karch stated Mr. Simmons
contacted many of their references and they all stated that Elan worked for them but also
stated that they had not done any sport maintenance turf for them. The fourth bidder,
Lawn Wizard USA, Inc. does not have the five year minimum experience that the City
requires for this bid. Mrs. Karch stated staff recommends awarding the bid to Sports Turf
One, Inc. who currently works for the City and has done these duties in the past.
Dr. Alperin moved to approve a bid award to Sports Turf One, Inc. (third
lowest responsive bidder), seconded by Mrs. Gray. Upon roll call the Commission voted
as follows: Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes;
Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote.
9.11. APPOINTMENT TO THE CODE ENFORCEMENT
BOARD: Appoint one (1) alternate member to the Code of Enforcement Board to serve
an unexpired term ending January 14, 2013. Based upon the rotation system, the
appointment will be made by Commissioner Carney (Seat #1).
Mr. Carney moved to appoint Stanley Scharf as an alternate member to the
Code Enforcement Board to serve an unexpired term ending January 14, 2013, seconded
by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin — Yes; Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said
motion passed with a 5 to 0 vote.
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9_I. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint
one (1) regular member to the Board of Adjustment to serve an unexpired term ending
August 31, 2012. Based upon the rotation system, the appointment will be made by
Commissioner Carney (Seat #1).
Mr. Carney moved to reappoint Dale Miller as a regular member to the
Board of Adjustment to serve an unexpired term ending August 31, 2012, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs.
Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes. Said motion
passed with a 5 to 0 vote.
9_J. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint
one (1) regular member to the Police Advisory Board to serve an unexpired term ending
July 31, 2012. Based upon the rotation system, the appointment will be made by Mayor
McDuffie (Seat #5).
Mayor McDuffie stated he wished to appoint Walter Earley as a regular
member to the Police Advisory Board to serve an unexpired term ending July 31, 2012.
Mr. Frankel so moved, seconded by Dr. Alperin. Upon roll call the Commission voted as
follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin —
Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
9.K. PARTICIPATION AGREEMENT/TODAY IN AMERICA:
Consider approval of a Participation Agreement with Today In America, in the amount
of $19,800.00 for production and national airing of a five minute segment highlighting
Delray Beach. Funding is available in the FY 2012 budget from 001 - 6311 -559 -82.01
(General Fund: Aid to Private Organizations/Economic Development Support).
(.ADDENDUM}
The City Manager stated staff has checked references with two other
communities and they are very pleased with the result they got and are using it for
economic development purposes. He stated staff believes this is worth doing and that
having this will be an important economic development tool for the City of Delray
Beach. The City Manager stated North Port is buying 1,000 DVD's of theirs so they can
give them out to potential people who may be interested in the City. The City Manager
stated he recommends the Commission approve the request subject to the City being able
to negotiate a suitable contract addressing the City Attorney's concerns.
Mayor McDuffie stated the contract provides that the segment will air one
time nationally on FOX Business Network, and 19 times regionally on CNN Headline
News through regional cable operators and/or Regional News Network in many of the
top 100 markets nationwide based on viewer demographics, interests and the distribution
checklist. Mayor McDuffie stated Today in America approached the City and this is
quite an honor.
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Dr. Alperin stated this is an investment. Dr. Alperin asked if the City has
the right to produce its own CD's in the contract. The City Manager stated the City will
own it. The City Attorney stated this will be clarified in the contract.
Mr. Frankel stated one of the of their issues similar with that is the airing
of the USTA Junior Tournaments as well as the ATP on the Tennis Network
internationally when the City discusses the TV deals they may want to air a 30 second
snip bit of footage taken. Mr. Frankel stated the commercial that was broadcast this year
was fabulous. The City Manager stated in speaking with these other communities they
suggested getting a 30 second piece and a two minute piece because five minutes is too
long.
Brief discussion by the Commission continued regarding releases of those
that are photographed.
Mr. Carney moved to approve the Participation Agreement with Today In
America, in the amount of $19,800.00, seconded by Dr. Alperin. Upon roll call the
Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin —
Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 8:44 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 32 -11: 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 increased residential and commercial collection
service rates for FY 2012. If passed, a public hearing will be held on October 4, 2011.
office.)
The caption of Ordinance No. 32 -11 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 INCREASED RESIDENTIAL
AND COMMERCIAL COLLECTION SERVICE
RATES FOR FY 2012; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 32 -11 is on file in the City Clerk's
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The City Attorney read the caption of the ordinance.
Lisa Hartman, Utility Billing Manager, stated this ordinance is to approve
the garbage and trash changes in the rates. The CPI has gone up 4.0% this year and the
fuel surcharge has gone up an additional 4.0% which is resulting in an overall 7.7%
increase in the rates. This rate increase is a function of the Waste Management contract
and these adjustments are built in and the City has to amend them every year based upon
the CPI and the fuel. Mrs. Hartman stated the fuel adjustment comes from the U.S.
Department of Energy. Staff recommends approval.
Mayor McDuffie commented about the restructuring of pick up sites.
Mr. Frankel moved to approve Ordinance No. 32 -11 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney —
Yes; Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes.
Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 34 -11: Approve an increase of the parking meter
fees from $1.25 to $1.50 per hour in all metered parking spaces, an increase to the cost of
the annual beach parking permit from $80.00 to $90.00 per year, and creation of a new
permit classification of Senior Beach Parking Permit at a cost of $95.00 per year. If
passed, a public hearing will be held on October 4, 2011.
office.)
The caption of Ordinance No. 34 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 71, "PARKING
REGULATIONS" OF THE CODE OF ORDINANCES
BY AMENDING SECTION 71.058, "COST OF
PARKING OR STANDING VEHICLES IN CERTAIN
METERED SPACES ", TO PROVIDE FOR A PER
HOUR METER FEE TO BE CHARGED AND LISTING
THE PARKING LOTS AFFECTED; AND BY
AMENDING SECTION 71.060, "PARKING METER
PERMITS ", TO ESTABLISH A SENIOR BEACH
PERMIT PROGRAM AND COSTS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 34 -11 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Scott Aronson, Parking Management Specialist, stated the increase for the
parking meter fees increased from $1.25 to $1.50 per hour. Mr. Aronson stated fees have
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not been increased for three years and it is in line with neighboring municipalities up and
down the coast. The beach parking permit is being increased from $80.00 to $90.00. In
addition to these increases, direction was provided to establish a new classification of
Beach Permit for Senior Citizens which for an additional $5.00 would allow use of
parallel spaces on Ocean Boulevard (SR A1A), south of Mirimar Street and north of
Atlantic Avenue available to persons age 62 and older at the time of purchase. Mr.
Aronson stated the suggestion of a Beach Permit for Senior Citizens was brought before
the Parking Management Advisory Board as a suggestion from Mr. Fladell. Mr. Aronson
stated the Beach Permit for Senior Citizens does not allow the angled spaces which were
the two -hour limit.
Mr. Carney stated he opposes this ordinance as written because he does
not like the hours of day of enforcing the parking on East Atlantic Avenue east of the
Intracoastal. He stated he cannot support this ordinance until there is some addressing of
the hours of enforcement. Mr. Carney stated he supports this as it relates to the beach,
the permits, and as it relates to the parking lots; however, he does not support it as it
relates to the parking on East Atlantic Avenue because it is unfair to the businesses east
of the Intracoastal to do anything which impairs people from coming to their businesses
especially in the morning hours.
Mr. Frankel moved to approve Ordinance No. 34 -11 on FIRST Reading,
seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin —
Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — No.
Said motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 35-11: Approve an ordinance amending Chapter 92,
"Boats and Boating ", by amending Section 92. 15, "Docking License for Excursion Boat
Operations ", Subsection (E), "Short-Term Agreement ", to modify the permit fee; and by
amending subsection (G), "Use of Docks at Veterans Park ", to increase the mooring time
for excursion boats at Veterans Park. If passed, a public hearing will be held on October
4, 2011.
The caption of Ordinance No. 35 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 92, 'BOATS AND BOATING ",
BY AMENDING SECTION 92.15, "DOCKING LICENSE
FOR EXCURSION BOAT OPERATIONS ",
SUBSECTION (E) "SHORT -TERM AGREEMENT ", TO
MODIFY THE PERMIT FEE; AND BY AMENDING
SUBSECTION (G) "USE OF DOCKS AT VETERANS
PARK ", TO INCREASE THE MOORING TIME;
PROVIDING A GENERAL REPEALER CLAUSE; A
SAVING CLAUSE AND AN EFFECTIVE DATE.
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office.)
(The official copy of Ordinance No. 35 -11 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Linda Karch, Director of Parks and Recreation, stated this ordinance
amendment is before the Commission for approval to increase the permit fees from
$250.00 to $300.00 per excursion and increase the operation hours from 9:00 a.m. —
10:00 p.m. to 8:00 a.m. —11:00 p.m. The ordinance also increases the mooring time for
excursion boats from thirty (30) to sixty (60) consecutive minutes. Mrs. Karch stated this
fee has not been increased in several years and is compatible with other municipalities.
The change in time is at the request of the excursion boat operators.
Dr. Alperin moved to approve Ordinance No. 35 -11 on FIRST Reading,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel
— Yes; Mrs. Gray — Yes; Mayor McDuff e — Yes; Mr. Carney — Yes; Dr. Alperin — Yes.
Said motion passed with a 5 to 0 vote.
13. COMMENTS AND INQUIRIES ON NON- AGENDA ITEMS.
13.A. City Manager
With regard to Commissioner Gray's concern about the internet caf6s, the
City Manager stated the City Attorney's office has drafted a proposed ordinance.
With regard to Commissioner Gray's concern with the Community
Redevelopment Agency (CRA) and their efforts with regard to housing, the City
Manager stated the CRA continues to have a focus and commitment to affordable
housing. The CRA's proposed funding of the Community Land Trust (CLT) operation
cost is $250,000.00 for the upcoming fiscal year. The City Manager stated they continue
to maintain and make available affordable apartments that are managed by our local
housing providers. In addition, at its meeting of October 13th, the CRA Board will be
considering the request from the Delray Beach Housing Authority for $2.7 million in
support of an affordable senior housing project: The City Manager stated the City
continues to work with the CRA on several housing initiatives and one of the things that
have affected the level of funding is the current housing market. Thus, the CRA has
switched its effects to acquiring current units that are either deeded over or sold to the
local housing providers which increase the availability of housing units. The City
Manager stated Mayor McDuffie commented about the waiting list for housing vouchers.
The City Manager stated that does not necessarily reflect the need in Delray Beach. He
stated when those vouchers are advertised they get applicants from Miami to north of
West Palm.
The City Manager stated at the Urban Administration Committee Meeting
there was also some discussion about the red light cameras and there are currently 70
cities that have them. He stated one of the concerns the Florida League of Cities has is
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that Representative Corcoran who has introduced the Bill to outlaw the red light cameras
is Speaker Designate for 2016. The City Manager stated they continue to monitor the
court system as the court cases go through the system and there have been some
favorable decisions now out of Broward County but is far from settled. Therefore, the
City Manager stated they do not recommend taking any further action with those until
that is resolved. The City Manager stated there was discussion about a requirement that
kicks in October 2012 that all police dispatches have to have 216 hours of training to be
certified by the State and the Department of Health. The City Manager stated some of
the smaller agencies use police officers for dispatching and what they are asking is that
there is an exception written into this law for certified police officers to be able to do
dispatching. The City Manager stated cities have been working for several years to try
and get amendments to the law regarding public notices. He stated basically you have to
publish everything in the newspaper and the wholesale bills that have been introduced
have not gotten anywhere. Therefore, the City Manager stated this year they are going to
try to piecemeal it and deal with a couple things. He stated they are talking about on
proposed Comp Plan amendments and zoning that they would remove the maps because
the maps you cannot really read; unless someone is extremely familiar with the City they
do not convey useful information. The City Manager stated anytime you try to change
the publication requirement the newspapers lobby against it. The City Clerk stated the
City Clerk's office has spent a little over $18,000.00 for this fiscal year. The City
Manager stated we can post the property and send out mail notices but the City still has to
advertise in a newspaper. The City Manager stated with regard to Code Enforcement a lot
of places have a requirement that when you notify people of a Code Enforcement
violation under certain circumstances where they could end up with a lien it has to be
certified mail return receipt requested. He stated they are trying to get the return receipt
repealed because if you have a certified letter that is tracked through the postal system
and you can verify the receipt of it through that tracking without getting an actual return
card that would save a considerable amount of money. The City Manager stated the next
Committee Meeting is in October.
13.B. City Attorney
The City Attorney had no comments or inquiries on non - agenda items.
13.C. City Commission
U.C.I. Mr. Frankel
Mr. Frankel asked when the Commission will be discussing the fire fee.
The City Manager stated they are hoping to discuss this at the October Workshop
Meeting.
Mr. Frankel stated yesterday he was invited by the Delray Beach Police
Department to speak to their Police Commanders and the subject was "The Future of
Delray Beach". He stated it was a great experience and they gave him a tour of the
Seacrest Training Facility. Mr. Frankel stated these tools are good for the Police
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Department but other departments are coming in using this technology and noted there is
an open invitation for the rest of the Commission and the Mayor.
Mr. Frankel stated yesterday he also attended the Annual Neighborhood
Association Reception at the Arts Garage. He recognized Lula Butler, Nigel Roberts,
Jennifer Costello, and Mayor McDuffie for putting on a great program and stated it is
great how that space is being utilized.
13.C.2. Mrs. Gray
Mrs. Gray stated she attended the Palm Beach County League of Cities
Education Committee meeting today and noted they are looking foWwednesdays
outh in the
community to participate in their program. She stated they meet on the
of every month from 4:00 -5:00 p.m.
13.C.3. Mr. Carney
Mr. Carney suggested that we post the audio of the Workshop Meetings
on the website.
Secondly, Mr. Carney stated he understands the need for the revenues for
the parking at the beach, however, the City needs to address the hours of enforcement.
Mr. Carney stated someone raised the issue that they had written to the
Utility Billing Department to receive their bill by email and they received them by email
but they also get a duplicate in the mail. He stated if a customer can receive their bill via
email then why is the bill also being sent by regular mail.
Lastly, Mr. Carney suggested that the City have an ordinance for seaweed.
13.C.4. Dr. Alperin
Dr. Alperin stated several years ago he remembers people complaining
that they want to move the Workshop Meetings in the Commission Chambers versus the
First Floor Conference Room. Also, Dr. Alperin stated several years ago there was
discussion about using the water bill as a way of sending out information to the citizens
which is now the Neighborhood News.
13.C.5. Mayor McDuffie
Mayor McDuffie stated he was supposed to go the The Breakers and speak
but got very ill the night before and did not make it. He stated in preparation he asked
Rosanne DeChicchio, Administrative Assistant /Public Information Office to obtain all of
the vehicles of communication that we use and noted there are 48.
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Secondly, Mayor McDuffie stated over the weekend he did a 5K Run for
Sickle Cell Anemia.
He stated he watched beach volleyball on Delray Beach and it was a great
event.
Mayor McDuffie stated Naked Hair Salon had some hair cutting classes
with Vidal Sassoon's son.
He commented that the Chamber of Commerce Luminary Gala was very
nicely done.
Mayor McDuffie stated there was an event at Old School Square called
Tom's Shoes and this organization provides shoes for children in 28 developing
countries. He stated they are going hold another event in October and to buy a pair of
shoes is approximately $58.00. Mayor McDuffie stated he met another gentleman a year
ago at the Boca Raton Hotel and Club at the Chris Evert event who is doing the same
thing and brought it to their attention that if a child gets cut on the bottom of their foot in
the United States they have medication or can go to the doctor; however, in developing
countries it is often times fatal.
He stated he spoke to Abbey Delray this week discussing his role in the
City. Mayor McDuffie stated they were wonderful to speak to and wrote a
complimentary letter to the City.
Mayor McDuffie announced that tomorrow there is a Mayor's Literacy
Luncheon at the Ritz's Carlton.
Mayor McDuffie stated with regard to the Metropolitan Planning
Organization Meeting there was a lot of discussion on the utilization of the FEC tracks
and putting commuter trains on the FEC. In addition, he stated there is also a possible
extension of 441 north.
Mayor McDuffie urged the Commission to stay out of the Public Records
Requests and let the City Clerk's office respond. He stated we need to get to the root of
Chapter 119 and charge the City's entire cost to these Public Records Requests. Mayor
McDuffie stated he understands that the City charges for staff time but not for computer
time. He stated the County charges 22 cents a second for computer time and will forward
his model to the City Manager.
Lastly, Mayor McDuffie stated the County is going to have a Countywide
Lobbyist Registration System that will be online.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 9:20 p.m.
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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 September 20, 2011, which Minutes were formally approved and adopted by the City
Commission on October 4, 2011.
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.
M
09/20/11