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07-05-12 Regular Meeting
City of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Thursday, July 5, 2012 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. June 5, 2012 -Regular Meeting B. June 12, 2012 – Workshop Meeting C. June 19, 2012 -Regular Meeting 6. PROCLAMATIONS: A. Recognizing and commending Carolyn Patton for her dedicated service to the Sandoway House Nature Center 7. PRESENTATIONS: A. RESOLUTION NO. 25-12: Approve Resolution No. 25-12 recognizing and commending Fiel Bronson for 30 years of dedicated service to the City of Delray Beach. 8. CONSENT AGENDA: City Manager Recommends Approval A. RESOLUTION NO. 29-12 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/109 FERN COURT): Approve a tax exemption request for eligible improvements to the property located at 109 Fern Court within the Del Ida Park Historic District; and approve Resolution No. 29-12. B. RESOLUTION NO. 30-12: ABANDONMENT OF UTILITY EASEMENT: 633 NORTH OCEAN BOULEVARD: Approve Resolution No. 30-12 abandoning a 10' X 100' utility easement located at 633 North Ocean Boulevard. C. MAINTENANCE MEMORANDUM OF AGREEMENT/FLORIDA DEPARTMENT OF TRANSPORTATION: Authorization for the Mayor to execute an inclusive Maintenance Memorandum of Agreement (MMOA) with Florida Department of Transportation (FDOT) for State Road A-1-A, State Road 5, State Road 9 and State Road 806. D. RENEWAL OF AGREEMENT/SOUTHEASTERN COLLEGE (f/k/a KEISER COLLEGE): Approve the renewal of an agreement with Southeastern College to provide a clinical training site for EMT and Paramedic students. E. SCHOOL READINESS CHILD CARE PROVIDER AGREEMENT/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC: Approve the School Readiness Child Care Provider Agreement between the City of Delray Beach and the Early Coalition of Palm Beach County, Inc. to provide subsidized child care funding for the Afterschool Program located at Pompey Park and the Community Center. F. AFTERSCHOOL PROGRAM SERVICE AGREEMENT/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC./PROVIDER OF SCHOOL READINESS (SR) PROGRAM: Approve a Continue-to-Care Afterschool Scholarship Agreement between Early Coalition of Palm Beach County, Inc., the Provider of School Readiness (SR) Program and the City, to continue reimbursable funding through the Continue to Care-Afterschool Scholarship program for the Afterschool Program located at Pompey Park and the Community Center. G. GRANT AWARD/RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Approve and accept the FY 2012 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) award in the amount of $42,212.00 which will provide funding to support the Holiday Robbery Task Force. H. GRANT APPLICATION; 2012 ASSISTANCE TO FIREFIGHTERS: Authorize submission of a grant application to the Federal Emergency Management Agency for the 2012 Assistance to Firefighters Grant. I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 18, 2012 through June 29, 2012. J. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Hub City Ford in the amount of $390,523.00 for fourteen (14) replacement Police Patrol vehicles. Funding is available from 501-3312-519-64.20 (Garage Fund: Repair & Maintenance Services/Vehicle Maintenance-Garage). 9. REGULAR AGENDA: A. WAIVER REQUEST/HARBOR PLAZA: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(1),“Stacking Distance”, reducing the stacking distance from the required 50’ to 21.4’ for parking facility that contains 51 or more parking spaces for Harbor Plaza, located at the northeast corner of South Federal Highway and Linton Boulevard. (Quasi-Judicial Hearing) B. USTA DAVIS CUP FINALS BID: Consider approval and authorization to submit a bid to the United States Tennis Association (USTA) to be the host site for the 2012 Davis Cup Finals if held in the United States. C. GRANT APPLICATION/TOURIST DEVELOPMENT COUNCIL: DAVIS CUP: Approve and authorize staff to submit a grant application in the amount of $150,000.00 to the Palm Beach County Tourist Development Council (TDC) to support costs for the Davis Cup finals. D. AGREEMENT/PALM BEACH COUNTY EDUCATION COMMISSION, INC.: Consider approval of an agreement between the City and the Palm Beach County Education Commission, Inc., for the funding of broadband service (purchase of the radios and related equipment) in the NW/SW neighborhoods. E. REVISION TO PROCEDURES FOR QUASI-JUDICIAL HEARINGS: Approve revisions to the Procedures for Judicial Hearings Paragraph 4.A., “Swearing in of Witnesses”, to allow the Board’s Chairperson, Vice Chair or Second Vice Chair allowing them to swear in individuals for quasi-judicial items. F. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority (DDA) to serve a three (3) year term ending July 1, 2015. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). G. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular member to the Civil Service Board to serve a two (2) year term ending July 1, 2014. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). H. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint two (2) regular members (one (1) from Zone 4 and one (1) At Large Representative) to the Neighborhood Advisory Council to serve three (3) year terms ending July 31, 2015. Based on the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). I. APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint (4) regular members to serve two (2) year terms ending July 31, 2014 and one (1) alternate member to serve an unexpired term ending July 31, 2013 to the Green Implementation Advancement Board. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1). J. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint three (3) regular members to serve two (2) year terms ending July 31, 2014 to the Financial Review Board. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1) and Commissioner Jacquet (Seat #2). 10. PUBLIC HEARINGS: A. PUBLIC COMMENTS/FY 2013 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2013 Proposed Budget at this time. B. ORDINANCE NO. 16-12: Consider an amendment to Chapter 33 “Police and Fire-Rescue Departments”, subtitle "Pensions", Section 33.60, “Definitions”, Section 33.61, “Membership Conditions of Eligibility; Application”; Section 33.62, “Benefit Amounts and Eligibility”; Section 33.63, “Optional Forms of Benefits”; Section 33.64, “Contributions”; Section 33.65, “Administration”; Section 33.66, “Finances and Fund Management”; Section 33.689, “Retirement Benefit Enhancement”; Section 33.70, “Direct Transfers of Eligible Rollover Distributions”; and creating Section 33.73, “Termination of the System”, to implement and comply with Chapter 2009-97, Laws of Florida; Chapter 2011-216; and the Internal Revenue Code; and to comply with a court decision. C. ORDINANCE NO. 20-12: Consider a city-initiated ordinance amending Chapter 110, “Local Business Taxes Generally”, Section 110.15, “Local Business Tax Schedule”, to provide for a 5% percent increase in all business tax fees. D. RESOLUTION NO. 27-12/CONTRACT FOR SALE AND PURCHASE/212 N.W. 14TH AVENUE: Consider approval of Resolution No. 27-12, a contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program property located at 212 N.W. 14th Avenue to Jesus Aguierre-Rueda and Maria Gomez for the purchase price of $53,600.00 or appraised value. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLICIMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 19-12: Consider a Future Land Use Map amendment from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) and rezoning from RM (Medium Density Residential) to CBD (Central Business District) for a vacant parcel located on the east side of S.W. 10th Avenue approximately 391 feet south of West Atlantic Avenue at 35 S.W. 10th Avenue. If passed, a public hearing will be held on July 17, 2012. B. ORDINANCE NO. 21-12:Privately-initiated amendment to the Land Development Regulations to create Section 4.5.19, “Lintco Development Overlay District” and amend Section 4.4.9 “General Commercial (GC) District”, Subsection (G), “Supplemental District Regulations” to limit the Floor Area Ratio (FAR) within the Lintco Development Overlay District, located at the northwest corner of Linton Boulevard and S.W. 4th Avenue. If passed, a public hearing will be held on August 7, 2012. C. ORDINANCE NO.22-12: Privately-initiated amendment to the Land Development Regulations to create Section 4.5.20, “Waterford Overlay District” and amend Section 4.4.25 “Special Activities District (SAD)”, Subsection (E) “Supplemental District Regulations” to limit the Floor Area Ratio (FAR) and residential density within the Waterford Overlay District, located south of Linton Boulevard, east of I-95. If passed, a public hearing will be held on August 7, 2012. D. ORDINANCE NO. 23-12:City-initiated amendments to the Land Development Regulations Section 2.4.3(K)(1) “Development Applications”; Section 2.4.3(K)(3) “Permit Fees” and Section 6.3.3 “Sidewalk Café” Subsection 6.3.3(A) “Permit and Fees” to provide for an increase in certain development application and permit fees and increasing the permit fee assessed per square foot of approved sidewalk café space. If passed, a public hearing will be held on August 7, 2012. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission 06/05/12 JUNE 5, 2012 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, June 5, 2012. 1. Roll call showed: Present -Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent -None Also present were -David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Lanelda D. Gaskins, Deputy City Clerk 2. The opening prayer was delivered by Reverend Ron Arflin with Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Frankel requested that Item 8.E., Revisions to the Special Event Policy and Procedures of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet – 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 Regular Meeting of May 1, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 2 06/05/12 Mr. Frankel moved to approve the Minutes of the Regular Meeting of May 15, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Recognizing Juneteenth – June 16, 2012 Mayor McDuffie read and presented a proclamation hereby proclaiming June 19, 2012 as Juneteenth in Delray Beach. Barbara Haider came forward to accept the proclamation and invited everyone to attend the Juneteenth event on Saturday, June 16, 2012. 7. PRESENTATIONS: 7.A. All-America City Grade-Level Reading Campaign Presentation Lula Butler, Director of Community Improvement, updated the Commission on the status of the Community Solutions Action Plan. Mrs. Butler stated she came to the Commission in September after the Education Board had started to determine where they were going to focus their energies over the next few years. She stated they started to look at the graduation rates of the African American males. Mrs. Butler stated the City Manager informed them that an announcement was being made by the National Civic League to participate in a national discussion on third grade level reading. Mrs. Butler stated staff thought that this was a perfect match for the Education Board. She stated staff then asked permission from the Commission to submit a Letter of Intent to apply and the City was given the option of applying as a regular entrance or as an All-America City designation. Mrs. Butler stated the City of Delray Beach was selected as the Finalist for the 2012 All-America City Grade Level Reading Campaign. She stated in doing this award there has been a wonderful response from the community, civic leaders, business community, and education community. Mrs. Butler stated 10 volunteers participated in the peer review rating 10 applications from all over the country and now staff has moved them to the Mayor’s Collaborative Implementation Team. She stated the second meeting was last night and the first consultant came to speak to them. Mrs. Butler thanked Mayor McDuffie and Commissioner Jacquet for attending the first meeting. Mrs. Butler stated they are moving from the planning stage to performing. Mrs. Butler thanked Dr. Debra Kaiser and Janet Meeks for their countless hours of research and presented them with flowers. Mrs. Butler also recognized Joe Gillie, President of Old School Square, who read and critiqued the application. She stated staff will work with Mr. Gillie in preparing a three minute presentation for a conference in Denver. Mrs. Butler stated five people will travel to Denver June 30-July 2, 2012 where they will select between 10-15 All-America City Award leaders. Mrs. Gray thanked Mrs. Butler, Janet Meeks and Dr. Kaiser for their hard work towards this project. 3 06/05/12 Mayor McDuffie congratulated Mrs. Butler, Janet Meeks and Dr. Kaiser for their efforts and noted that if we win the City of Delray Beach will be the only municipality in the State of Florida to have won three times. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR A SIDEWALK DEFERRAL/1110 WATERWAY LANE: Approve an agreement to allow future construction of a sidewalk, for a proposed new single family residence within the North Beach Overlay District located at 1110 Waterway Lane. 8.B. SERVICE AUTHORIZATION NO. 12-02/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 12-02 in the amount of $74,956.00 for the design of N.E. 1st Avenue Improvements. Funding is available from 334-3162-541-68.84 (General Construction Fund: Other Improvement/N.E. 1st Avenue Improvements). 8.C. SERVICE AUTHORIZATION NO. 12-01/CORZO, CASTELLA, CARBALLO, THOMPSON AND SALMAN (C3TS), INC.: Approve Service Authorization No. 12-01 to Corzo, Castella, Carballo, Thompson and Salman (C3TS), Inc. in the amount of $39,781.58 for the design of Swinton Avenue and Atlantic Avenue Intersection, Project. Funding is available from 334-3162-541-68.86 (General Construction Fund: Other Improvement/Swinton & Atlantic Intersection). 8.D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/INTERCOUNTY ENGINEERING, INC./LOWSON BOULEVARD FORCE MAIN: Approve Contract Closeout (C.O. No. 1/Final) in the amount of a $56,497.50 decrease and final payment in the amount of $11,448.88 to Intercounty Engineering, Inc., for completion of the Lowson Boulevard Force Main Project. Funding is available from 442-5178-536-68.74 (W & S Renewal & Replacement Fund: Improvements Other/Lowson Boulevard Force Main). 8.E. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.F. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/INTERCOUNTY ENGINEERING, INC./RECLAIMED WATER EXPANSION AREA 11B: Approve Contract Closeout (C.O. No. 2/Final) in the amount of a $220,982.75 decrease and final payment in the amount of $36,947.56 to Intercounty Engineering, Inc., for completion of the Reclaimed Water Expansion Area 11B Project. Funding is available from 441-5181-536-65-96 (Water and Sewer Fund: Other Improvements/Reclaimed Water Transmission), 442-5178-536-63.90 (Water & Sewer Renewal & Replacement Fund: Improvements Other/Other Improvements) and 448-5461-538-63.90 (Storm Water Utility Fund: Improvements Other/Other Improvements). 4 06/05/12 8.G. INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY: Approve an Interlocal Agreement with the School Board of Palm Beach County for mutual use of recreational facilities. 8.H. HOLD HARMLESS AGREEMENT/BOEJ, LLC.: Approve a Hold Harmless Agreement with BOEJ, LLC., to place a canopy in the public right-of-way located at S.E. Second Avenue. 8.I. REVISED WORKFORCE HOUSING COVENANT: SP5 WOOD MIDTOWN DELRAY, LLC.: Approve a revised Workforce Housing Covenant between the City and SP5 Wood Midtown Delray, LLC., formerly known as Bamfour, LLC/DKB Realty Investment, Inc./Mathias Development, developer of Midtown Delray. 8.J. RESOLUTION NO. 25-12/BUDGET AMENDMENT: Approval of Resolution No. 25-12 in order to move certain grant funds from the City's operating budget (Fund 001) to the Capital budget (Fund 334) by amending Resolution 42-11 adopted September 20, 2011which made appropriations for necessary expenditures of the City for the FY 2011-12, by setting forth the anticipated revenues and expenditures for the operating funds of the City for the fiscal year 2011-12. The caption of Resolution No. 25-12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 42-11 ADOPTED SEPTEMBER 20, 2011 AND RESOLUTION NO. 10-12 ADOPTED FEBRUARY 22, 2012, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2011/2012, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2011/2012; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 25-12 is on file in the City Clerk’s office.) 8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 14, 2012 through June 1, 2012. 8.L. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Delray Beach Auto Mall in the annual amount of $25,200.00 for the lease of approximately six (6) undercover 5 06/05/12 vehicles for the Police Department. Funding is available from 001-2115-521-44.40 (General Fund: Rentals & Leases/Vehicles Rental/Lease). 2. Bid award to Intercounty Engineering, Inc. in the amount of $406,700.00 for construction of upgrades to Lift Station 100A. Funding is available from 442-5178-536-69.29 (Water and Sewer Renewal & Replacement Fund: Water & Sewer Trans/Storage Project/LS100A Capacity Upgrade) and 442-5178-536-64.90 (Water and Sewer Renewal & Replacement Fund: Machinery/Equipment/Other Machinery/Equipment). 3. Contract award to West Construction, Inc. in the amount of $58,900.00 for the construction of swales in Delray Beach Heights. Funding is available from 448-5461-538-65.41 (Storm Water Utility Fund: Other Improvements/Swale Reconstruction). 4. Purchase award to Municipal Lighting Systems in the amount of $13,860.00 for an additional ten (10) LED light fixtures that are Buy America Compliant to install on the decorative street light poles along West Atlantic Avenue. Funding is available from 101-6352-519-46.95 (ARRA Economic Stimulus Fund: Repair & Maintain Services/West Atlantic Avenue Street Lights). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/RANDOLPH & DEWDNEY CONSTRUCTION, INC. /POMPEY PARK CONCESSION STAND: Approve Contract Closeout (C.O. No. 2/Final) in the amount of a $5,351.03 decrease and final payment in the amount of $25,013.70 to Randolph & Dewdney Construction, Inc., for the completion of renovations to the Pompey Concession Stand Project. Funding is available from 334-4127-572-62.10 (General Construction Fund: Repair & Maintenance Service/Building Maintenance). Mr. Carney recognized staff for coming in under budget. He stated the City and the contractor have worked very hard to get this project done. Mr. Frankel stated he pulled this item to stay consistent in his position and because he felt that the expenditure was too much. However, he stated he hopes it is a safe place and looks forward to many good years out there. Mayor McDuffie announced that the Pompey Park Concession Stand Ribbon Cutting will be at 10:00 a.m. on Saturday, June 9, 2012. 6 06/05/12 Mr. Carney moved to approve Item 9.A.A. (formerly Item 8.E.), seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – No; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting. 9.A. WAIVER REQUEST/112 N.E. 7TH STREET: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.5.1(E)(9)(b),“Front Elevation”, to increase the second story encroachment into the Building Height Plane from 18’ to 24’6” width, whereas a maximum of 18’ is permitted for 112 N.E. 7th Street. (Quasi-Judicial Hearing) Mayor McDuffie stated Items 9.A., 9.B., and 9.C., are Quasi-Judicial Hearings and anyone wishing to speak on those items should be sworn in by the City Clerk. Lanelda D. Gaskins, Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie read the City of Delray Beach Quasi-Judicial Hearing rules into the record for this item and all subsequent Quasi-Judicial items. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he received a couple of messages from Attorney Michael Weiner and tried him back but he did not speak with him. Mrs. Gray, Mayor McDuffie, Mr. Carney, and Mr. Jacquet stated they had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2012-117 into the record. Mr. Dorling stated this is a waiver to LDR Section 4.5.1(E)(9)(b) as it relates to Visual Compatibility Incentives for 112 N.E. 7th Street. He stated this is a proposed single family home and there is a portion of the LDRs that require the front setback to be set back at this plane angle. He stated this is a request to allow a portion (in black) to encroach into that area. Mr. Dorling stated the Code allows an 18 foot extension and is shown in the permitted section. The portion that exceeds that is about 6½ feet and is a further extension setback in the front. Mr. Dorling stated the intent of this is to mitigate the mass along the street and this does meet that intent because there are multiple setbacks of that second story area. Staff recommends approval. At its meeting of May 16, 2012, the Historic Preservation Board (HPB) considered and approved the Certificate of Appropriateness (COA) associated with the construction of a new single-family residence as well as recommended approval with a 6 to 0 vote for this waiver request. 7 06/05/12 A representative from Stofft Architects (applicant) stated they are requesting a waiver for that portion of the second story to encroach the building height plane. He stated they were sensitive to the step backs and the massing of the house on the street. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. There was no rebuttal. 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 Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. 9.B. WAIVER REQUEST/116 N.E. 7TH STREET: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.5.1(E)(9)(b), “Front Elevation”, to increase the second story encroachment into the Building Height Plane to 31’6”, whereas a maximum of 18’ is permitted for 116 N.E. 7th Street. (Quasi-Judicial Hearing) Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he has none that he has not already disclosed. Mrs. Gray, Mayor McDuffie, Mr. Jacquet and Mr. Carney stated they had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2012-118. Mr. Dorling stated this is a waiver request for 116 N.E. 7th Street similar to the previous waiver request. He stated the waiver request allows encroachment into the front Building Height Plane (BHP) setback area if twenty-five (25%) or more of the front elevation remains one (1) story and if the total width of extension does not exceed eighteen (18) feet. The width of the two-story encroachment measures 31 feet 6 inches wide requiring relief to exceed the minimum width by approximately 13 feet 6 inches. Staff recommends approval. At its meeting of May 16, 2012, the Historic Preservation Board (HPB) considered and approved with conditions a Certificate of Appropriateness (COA) associated with the construction of a new single-family residence. The HPB considered 8 06/05/12 the waiver request concurrently with the COA request and recommended approval with a vote of 5 to 2 (Aponte and Brito dissenting). Carlos M. Linares, Randall Stofft Architects, applicant, stated they are able to achieve the correct massing by stepping back. Mr. Linares stated it does not impact the neighborhood. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. There was no rebuttal. 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 Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote. 9.C. WAIVER REQUEST/9 N.E. 2ND AVENUE: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.4.13(F)(4)(c)(1), “Front Setbacks”, to allow 0% frontage along N.E. 2nd Avenue at a maximum setback of 10’ rather than the 70%-90% frontage as required by the Central Business District (CBD) guidelines for Bay #9 located at 9 N.E. 2nd Avenue. (Quasi-Judicial Hearing) Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he has none that he has not already disclosed. Mrs. Gray, Mayor McDuffie, Mr. Jacquet and Mr. Carney stated they had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2012-127. Mr. Dorling stated this is a waiver request to the CBD downtown design guidelines which require that the lower level frontage and setback along 9 N.E. 2nd Avenue have a maximum setback of ten feet for 70-90% of the frontage. Mr. Dorling stated this proposal is setting back at approximately 14 feet and therefore would have zero percent frontage at the streetscape. At its meeting of April 17, 2012, the City Commission approved a similar request. Mr. Dorling stated the intent of this is to provide some massing with the proposal to infuse people at this level within this setback. Mr. Dorling stated staff believes the intent is met. 9 06/05/12 At its meeting of May 23, 2012, the Site Plan Review and Appearance Board considered the waiver request and the Board recommended approval of the Class I modification and staff recommends approval of this waiver. Michael Weiner, Attorney with Weiner, Lynne & Thompson, P.A., 10 S.E. 1st Avenue, Delray Beach, FL 33444 (speaking on behalf of the applicant), stated he was calling Mr. Frankel about a client who received a speeding ticket. Mr. Weiner stated the elevation is consistent throughout the building and this is being proposed so that the café would not be on the sidewalk and further recessed. Mr. Weiner stated they agree with staff’s recommendation. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. There was no rebuttal. Mr. Carney stated he may potentially have a conflict of interest. Brief discussion between Mr. Carney and Mr. Weiner ensued regarding the owner. The City Attorney explained that if Mr. Carney does not have a personal gain then no conflict exists. 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). Mrs. Gray moved to adopt the Board Order as presented, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 9.D. REQUEST TO INSTALL BRICK PAVERS IN THE CITY RIGHTOF-WAY/PRESIDENTIAL AUTO LEASING AND SALES: Consider a request from Presidential Auto Leasing and Sales (3201 S. Federal Highway) to install 100-feet of pervious brick pavers in a section of City’s right-of-way along the south side of Avenue L approximately 300-feet east of Federal Highway. Richard Hasko, Director of Environmental Services, stated this item is a request from Presidential Auto Leasing and Sales on Avenue L (3201 S. Federal Highway). Mr. Hasko stated they have some oversized trucks that deliver vehicles to their site 2-3 times a week and they are too long to negotiate access on and off the site. Mr. Hasko stated 85% of their deliveries are coming on smaller vehicles and that they can 10 06/05/12 deal with the maneuvering on their site so that they are not impacting the right-of-way. He stated 2-3 times a week they have deliveries with these larger trucks and their desire is to not have these trucks parked in the roadway restricting traffic so on occasion they have been pulling off into the swale area. Mr. Hasko stated they are required to maintain that swale area. He stated staff does not have an objection because it is not in a residential area and there are no utilities in this vicinity and do not anticipate any drainage issues involved with this. However, the Planning and Zoning Department does have some land use issues based on the prior approvals, etc. Paul Dorling, AICP, Director of Planning and Zoning, stated at its meeting of April 5, 2011, the expansion of this facility to the east was before the Commission and an Exhibit was proposed as part of that discussion by the applicant that said one of the benefits to allow expansion was that they could incorporate and resolve the loading issues that were currently occurring in Avenue L. Mr. Dorling stated there was an approval in part based upon the assumption that they take care of some loading issues and when the subsequent site plan came it did not include those staff suggested that they incorporate. Mr. Dorling stated they chose not to do that and move forward and got approval without accommodating those learning functions. He stated there were some promises made that now the general public is being asked to accommodate those within the right-of-way. The General Contractor for Presidential Auto Sale commended the City Engineering and Building Department staff for their assistance on this project and many others, and stated the way the parking lot is designed is to sit way up so that there would not be any flooding so it sits three feet up elevation raised. He stated a car hauler had to ramp up his entrance into the parking lot due to that so a car loader bottoms out and cannot get up in there. He explained that this was the remedy for that. Mayor McDuffie asked why it is 18 feet long. The General Contractor stated that is about the length you would need for an 18 wheeler and then to unload it. Mr. Carney asked if staff has any other objections. Mr. Dorling stated there is the overall concern that this creates a precedent also because there are a lot of these auto dealerships which are now loading in the street and are challenged from a loading perspective. Mr. Dorling stated this scenario would be attractive to many of those that are not complying for one reason or another and it is a prevailing problem in the city that needs to be addressed. Mr. Frankel asked for clarification that staff is recommending approval based on a contingency that there is submittal and technical approval of a detailed engineering plan. Mr. Hasko stated staff is deferring to Planning and Zoning on this issue because they have the land use issue. Mr. Hasko stated if the Commission chooses to approve this it would have to be contingent on the submittal of the engineering plan too to do it. 11 06/05/12 Mr. Dorling stated he would prefer that they choose to accommodate it on site as it was originally conveyed to the Commission and staff. Mrs. Gray asked if the site to the right of that is developed yet. Mr. Dorling stated that site immediately to the right is the site that is the expansion area for the dealership. He stated in that expansion area they were supposed to provide loading and parking; however, the applicant maximized and intensified the development without accommodating any of the loading issues. Mrs. Gray expressed concern over the precedent that the city would be setting. Mr. Carney moved to approve the request to install the brick pavers in the City right-of-way, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie – No; Mr. Carney – No; Mr. Jacquet – No; Mr. Frankel – No; Mrs. Gray – No. Said motion was DENIED with a 5 to 0 vote. 9.E. REVISIONS TO THE SPECIAL EVENT POLICY AND PROCEDURES: Consider approval of proposed revisions to the Special Event Policies and Procedures to be effective for events beginning October 1, 2012. Robert A. Barcinski, Assistant City Manager, stated this item is the proposed changes to the Special Event Policies and Procedures for events beginning October 1, 2012. Mr. Barcinski stated the major changes are: (1) charge all event producers 100% of City staff overtime costs as well as 100% for all other City services and rentals, (2) charge Old School Square and the Delray Beach Marketing Cooperative 50% versus 35% of City staff overtime costs as well as 100% for all other City services and rentals, (3) charge all event producers a 5% administrative fee of overtime costs, (4) Provide language that permits the City to charge a deposit for new events, and (5) Only allow three (3) weekends (Saturday and/or Sunday or multiday) be set aside in any month for events. Mr. Barcinski stated he received recommendations for the following changes from other staff members: (1) require payment of the City invoice in full within 60 days of the invoice date, (2) include provisions to require dumpsters, grease and oil collection equipment for events as may be determined by staff, and (3) include provisions for Parks Maintenance and Public Works staff support. Mr. Frankel stated he has been approached by the leader of the Chamber who has a concern about the 5% administrative fee being required by events paying 100% so in essence they are paying 105%. Mr. Frankel stated he does not feel that the taxpayers should be footing the bill. A lot of these events are making a lot of money so he is in favor of this. Mrs. Gray stated these events help the economy and inquired if the City is going to be assisting the grassroots events in our community. Mr. Jacquet stated as long as they do not require City staff overtime or any support from the City and it is basically a rental then this policy does not apply. 12 06/05/12 Mr. Carney supports the proposal for the reasons expressed by Commissioner Gray and Commissioner Frankel. In addition, Mr. Carney stated with regard to the administrative costs that we have so many indirect costs of non-overtime people that work on these projects and it is really to offset those costs. Mr. Jacquet stated he is in favor of saving the City money. Mr. Frankel moved to approve the revisions to the Special Event Policies and Procedures to be effective October 1, 2012, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. 9.F. SETTLEMENT OFFER IN CRISLER CHACRETON v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $63,500.00 in Crisler Chacreton v. City of Delray Beach. Staff recommends approval. Brian Shutt, Assistant City Manager, stated this is an Offer of Settlement for $63,500.00 and this case is an auto accident involving one of our Police Officer and Mr. Chacreton’s medicals to date are approximately $54,000.00 and it is estimated that he will incur $1,400 per year for the rest of his life. Staff recommends that the Commission approve the Offer of Settlement for $63,500.00. Mr. Frankel moved to approve the Settlement Offer in the amount of $63,500.00 in Crisler Chacreton v. City of Delray Beach, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BOARD: Appoint one (1) regular member to serve an unexpired plus two (2) year term ending August 31, 2014 to the Site Plan Review & Appearance Board. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). Mrs. Gray moved to appoint Mark Gregory as a regular member to serve an unexpired term ending August 31, 2014, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint one (1) alternate member and one (1) regular member to serve an unexpired term ending July 31, 2013; and one (1) regular member to serve an unexpired plus two (2) year term ending July 31, 2014 to the Financial Review Board. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4). 13 06/05/12 Mr. Jacquet moved to appoint Rosa Torres-Tumazos as a regular member to the Financial Review Board (FRB) to serve an unexpired plus two (2) year term ending July 31, 2014, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. For the record, Mr. Frankel stated he spoke to the City Attorney and the City Clerk’s office that there appears to be a lot of turnover on this board and noted that 17 people have resigned from this board in the last two years. Mr. Frankel moved to appoint Alan Weitz as a regular member to the Financial Review Board (FRB) to serve an unexpired term ending July 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray stated she would like to defer her appointment to the regular meeting of June 19, 2012. 9.I. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint one (1) regular member to the Community Redevelopment Agency (CRA) to serve a four (4) year term ending July 1, 2016. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). Mayor McDuffie stated he wished to appoint William Branning as a regular member to the Community Redevelopment Agency (CRA) to serve a four (4) year term ending July 1, 2016. Mr. Frankel so moved, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. 9.J. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint three (3) regular members from Zone 3, Zone 5 and Zone 6 to serve an unexpired plus three (3) year term ending July 31, 2015 and one (1) regular member from Zone 1 to serve an unexpired term ending July 31, 2014. Based on the rotation system, the appointments will be made by Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). Mayor McDuffie stated he would like to defer his appointment to the next regular meeting of June 19, 2012. Mr. Carney stated he would like to defer his appointment to the next regular meeting of June 19, 2012. 14 06/05/12 Mr. Jacquet moved to appoint Adam Reback (Zone 6) to serve an unexpired term plus a three (3) year term ending July 31, 2015, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to appoint Mark Behar (Zone 1) as a regular member to serve an unexpired term ending July 31, 2014, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. PUBLIC COMMENTS/FY 2013 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2013 Proposed Budget at this time. Mayor McDuffie declared the public hearing open. 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 and Member of the Alliance), stated he would like to know how much will be allocated for the plaintiff’s legal fees for loses and the Caron Foundation lawsuit against the City of Delray Beach. Dr. Kirson would like to know how much as of the next meeting in two weeks has the City spent on this case. He stated with regard to the 5% increase that the Commission voted on for the special events he was informed by Sarah Martin that other cities charge 20% on events to make sure that the city is reimbursed for everything. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated it would be a great idea for the budget process to identify essential services and nonessential services. Mr. Warner stated public safety is an essential service. Steve Blum, Antilles Homeowners’ Association, 115 Venetian Drive Unit “C”, Delray Beach, FL 33483, stated Mr. Frankel raised the point that 18 people resigned from the Financial Review Board (FRB). Mr. Blum stated he feels that people are frustrated and in the past year the City Manager does not respond to the FRB’s recommendations with the exception of one. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483 (Chairman of the Financial Review Board), stated the FRB is one of the few boards that meets during the day (8:30 a.m.) and this is a hardship for people that work. Ms. Morrison stated not everyone owns their company as does she and does not have the 15 06/05/12 freedom to set their own time. She stated there are many gifted people in this community who have volunteered for this board. Ms. Morrison stated the FRB has commented on six departments so far and she did receive a recommendation on FRB’s parking recommendations; however, the rest of the recommendations have not been answered yet. She echoed Mr. Warner’s concerns about public safety. Ms. Morrison stated the FRB is willing to help in any way they can to help the budget work and is waiting for guidance from the Commission in response to their work. Mayor McDuffie stated there being no one else who wished to address the Commission regarding the fiscal year 2013 proposed budget, the public hearing was closed. Mayor McDuffie stated every Commissioner has been through an exercise called “Priority Based Budgeting”. Mr. Warner asked if there is a document he could read about that meeting. 10.B. ORDINANCE NO. 15-12: Consider an amendment to Chapter 32, “Departments, Boards and Commission”, of the Code of Ordinances by amending Section 32.09, “Expiration of Terms; Commencement of Terms”, and Section 32.10, “Vacancies”, to clarify that certain appointments made to fill a vacancy, where there is less than six months of the current term left, will also include the following regular term. The caption of Ordinance No. 15-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, “DEPARTMENTS, BOARDS AND COMMISSIONS”, OF THE CODE OF ORDINANCES BY AMENDING SECTION 32.09, “EXPIRATION OF TERMS; COMMENCEMENT OF TERMS” AND SECTION 32.10, “VACANCIES”, TO CLARIFY THAT CERTAIN APPOINTMENTS MADE TO FILL A VACANCY, WHERE THERE IS LESS THAN SIX MONTHS OF THE CURRENT TERM LEFT, WILL ALSO APPLY TO THE FOLLOWING REGULAR TERM, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-12 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance and stated staff drafted this ordinance in order to provide that if an appointment is made within six months of the end date of the appointment it will automatically roll over to a new full year term. Also, the City Attorney stated staff did provide that the effective date of this 16 06/05/12 ordinance was made to become effective May 15, 2012 (first reading). 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. 15-12, the public hearing was closed. Mr. Frankel thanked everyone for their support on this ordinance and stated this ordinance will be beneficial not only for the appointees but for the appointers. Mr. Carney moved to adopt Ordinance No. 15-12 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 17-12: Consider approval of a privately-initiated amendment to Land Development Regulations (LDR) Section 4.4.11, “NC (Neighborhood Commercial) District”, Subsection (F), “Development Standards”, Subsection (G), “Supplemental District Regulations”, and Subsection (H), “Special Regulations”, to modify the regulations for properties within the Wallace Drive Overlay District. The caption of Ordinance No. 17-12 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 SECTION 4.4.11, “NEIGHBORHOOD COMMERCIAL (NC) DISTRICT”, SUBSECTION (F), “DEVELOPMENT STANDARDS”, SUBSECTION (G), “SUPPLEMENTAL DISTRICT REGULATIONS”, AND SUBSECTION (H), “SPECIAL REGULATIONS’, TO MODIFY THE REGULATIONS FOR PROPERTIES WITHIN THE WALLACE DRIVE OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-12 is on file in the City Clerk’s office.) 17 06/05/12 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 privately-initiated amendment to the LDRs that were modified in the NC (Neighborhood Commercial) District for properties located within the Wallace Drive Overlay District. Mr. Dorling stated these will apply to the NC Zoning District and will apply all of the regulations that currently exist for the previous zoning district for which the property was changed LI (Light Industrial). He stated the applicant would like to enjoy the same development standards and those relate to lot size and setbacks. Mr. Dorling stated there is also a proposal to eliminate the 4,000 square foot requirement for structures and it will apply a maximum Floor Area Ratio (FAR) of 0.25, remove the 2,000 square foot maximum floor area for office, and it will eliminate the 10,000 maximum floor area for a single retail use. At its meeting of April 16, 2012, the Planning and Zoning Board considered and the Board recommended approval with a 4 to 0 vote. At its meeting of May 15, 2012, the City Commission considered this item at first reading and recommended approval at that time. Mayor McDuffie declared the public hearing open. Jim Zengage, applicant, concurs with staff and thanked Mr. Dorling and Mr. Hoggard for all their work with regard to this project. There being no one else from the public who wished to address the Commission regarding Ordinance No. 17-12, the public hearing was closed. Mrs. Gray moved to adopt Ordinance No. 17-12 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:19, p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public Immediately following Public Hearings. 11.A. City Manager’s response to prior public comments and inquiries. The City Manager stated at the last meeting Mr. Potts expressed concern about the condition of the gym floor at Pompey Park and noted that the gym floor was in the process of being refinished. Secondly, the City Manager stated Dr. Kirson had expressed concern about taxpayer dollars being put up to attract the Davis Cup Finals. The City Manager 18 06/05/12 stated the Assistant City Manager referred to the $400,000 as the Commission was informed when this was being considered. He stated the City expects most if not all of this to be covered from other sources other than the City itself directly through sponsorships, commissions, or through other agencies such as the County. The City Manager stated it would not be nearly anywhere near that much if any of it from City taxpayers. 11.B. From the Public. 11.B.1. Johanna Albrecht, 803 N. Swinton Avenue, Delray Beach, FL 33444, stated she attended the May 1, 2012 City Commission meeting and has not heard back from the Commission. Ms. Albrecht stated she has emailed, requested a meeting and noted that she will give a copy of the letter she wrote in April. She expressed concern where we are in a situation in this country where corporations are having incredible power and the Supreme Court made Citizens United in 2010 increased that power. Ms. Albrecht stated there is an election going on right now in Wisconsin and one side is getting fueled from huge amounts of outside money. She stated she is asking for an opinion from the Commission but also cities around the country and a few states are passing resolutions to support an amendment to the constitution that would in affect ban corporate personhood and not consider money as free speech. She stated over a hundred cities have done that. Ms. Albrecht stated she has been a resident for 13 years and is coming to the Commission as a citizen and asking for a resolution to amend the Constitution is showing that democracy with people having the vote is what matters. Mr. Jacquet stated he would be more than happy to speak with Ms. Albrecht regarding her concerns. 11.B.2. Steve Blum, Antilles Homeowners’ Association, 115 Venetian Drive Unit “C”, Delray Beach, FL 33483, stated a lot has been said about no bid contracts; the waste management contracts, the beach contracts. Mr. Blum stated in a Workshop meeting Mr. Jacquet raised another subject about getting bids from insurance agencies not insurance carriers. Mr. Blum stated agencies will lower their commissions and deal with different pools of carriers. Mr. Blum stated from what he understands we do not get bids at all. Mr. Blum stated Mr. Jacquet asked the City Manager about this and the City Manager sidestepped the answer and said that “our agency gets bids.” Mr. Blum stated that was not the question so Mr. Jacquet suggested that he email the City Manager to ask him about this situation. Mr. Blum stated this was approximately 2-3 weeks ago and he has not received a response. Mr. Blum alleged that the City Manager sidesteps questions to the Commissioners and does not respond to the citizens. Mr. Blum stated the citizens want more response from the Commissioners and the City Manager. The City Manager stated he has not seen Mr. Blum’s email; however, he will ask his secretary to look for it. 11.B.3. Richard Van Gemert, 912 Eve Street, Delray Beach, FL 33483, read a brief statement into the record regarding the South Federal Highway Overlay District and stated recently the City has had two major issues come before this Commission directly 19 06/05/12 related to this area; the Walmart on Federal Highway and the Delray Place at the southeast corner of Linton Boulevard and Federal Highway. Mr. Van Gemert stated both these properties have similar issues. He stated first the City had a big box store Walmart which resulted in a major uproar from the neighborhood and now they have the Delray Place which threatens to destroy or severely degrade the surrounding single family neighborhood with the redevelopment plans for the property. Mr. Van Gemert stated he purchased his home in 1995 he was excited about the prospects of living out whatever years he had left in the peace and quiet of this wonderful city. He stated in the past 17 years he has had to repeatedly come before this Commission and other boards to raise various issues which affected his neighborhood. He stated the problems are aggregated because Delray is in a state of flux where new is coming in and old is going out. Mr. Van Gemert stated there is a vibrant exciting issue and can be managed by good planning. Mr. Van Gemert stated that is where the problems begin. All the residents and business owners in Delray Beach are shareholders of this City and the Commission are its Board of Directors and the City employees are its workers and everyone is in this together. He stated a major portion of the problems we face are a result of inadequate planning. Mr. Van Gemert urged the Commission to take the necessary steps to get this overlay district completed before we have more issues in this area. He asked the Commission to direct the Planning Director to have the final public hearing scheduled as soon as possible to get the input from the residents who are directly affected and make the right decisions regarding these properties. 11.B.4. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated Mr. Van Gemert’s comments were perfect and asked if the Commission can tell the citizens when the hearings on the Overlay District will occur. 11.B.5. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane, Delray Beach, FL 33444, briefly spoke about the Oceanside contract and the cabanas. Dr. Kirson stated he has 300 units (650 people) and when he gives somebody a contract he keeps his word. He stated bids are tricky and if a vendor gives him a good service he wants to keep that vendor. Dr. Kirson stated you keep your word, abide by the contract and get the service that you should get. 11.B.6. David Faustin, 10175 Camino Del Dios, Delray Beach, FL 33446 (continued his comments from March 6th, April 3rd, and May 1st), stated he stands before the Commission in defense of liberty, the rule of law, and the United States Constitution. Mr. Faustin stated on February 2, 2011, to obtain a copy of the Police report concerning the case and felt that the report represented Soviet style propaganda. Mr. Faustin stated his truthful side of the story was completely missing. Mr. Faustin stated this was done deliberately so that anyone reading the report (i.e. State Attorney’s office) would have no problem charging him with the crime. 11.B.7. Bob Turpstra(sp?), 15065 Michaelangelo Boulevard, Delray Beach, FL 33446, stated this country has been expanding its democracy to new citizens that were included in the original constitution formation of the country (i.e. blacks, women). He stated that is all in danger of being reversed because Citizens United gave power to the corporations to be treated as people. He stated these corporations can spend billions 20 06/05/12 of dollars to buy and sell public officials whereas the people only have one vote. Mr. Turpstra stated our country is in great danger of collapsing under the assault from the corporations. He encouraged the City of Delray Beach which was an All-America City in 2001 to give support to the citizenry by joining the other 100 communities in the nation that have decided to call for a constitutional amendment to disallow the enfranchisement of corporations. 11.B.8. Marilyn Egan, 16413 Berry Way, Delray Beach, FL 33484, commended the Commission for their service to the City and stated it has been a privilege to live here. Ms. Egan stated she represents democracy on the resolution issue and as a progressive community and as a leader and one of the best possible examples of citizens and a rising community that Delray Beach would be the perfect spot to make this resolution. She urged the Commission to show a stand on this issue. 11.B.9. Linda Marsoh, 3110 Sherwood Boulevard, Delray Beach, FL 33445, supports a resolution to support the overturning of the Citizens United Amendment because in her opinion it is based on a faulty interpretation of the constitution. She stated if Delray Beach wants to be an All-American citizen you have to be able to look into the eyes of your children and explain to them how a corporation becomes a person and how a corporation that is above certain laws is the same as they are. She stated it is a nonpartisan issue and this ruling has already trickled down and stripped states like Montana of a century old election laws that leveled the playing field for democrats and republicans. At this point, the time being 7:42 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 16-12: Consider an amendment to Chapter 33 “Police and Fire-Rescue Departments”, Section 33.60, “Definitions”, Section 33.61, “Membership Conditions of Eligibility; Application”; Section 33.62, “Benefit Amounts and Eligibility”; Section 33.63, “Optional Forms of Benefits”; Section 33.64, “Contributions”; Section 33.65, “Administration”; Section 33.66, “Finances and Fund Management”; Section 33.689, “Retirement Benefit Enhancement”; Section 33.70, “Direct Transfers of Eligible Rollover Distributions”; and creating Section 33.73, “Termination of the System”, to implement and comply with Chapter 2009-97, Laws of Florida; Chapter 2011-216; and the Internal Revenue Code; and to comply with a court decision. If passed, a public hearing will be held on June 19, 2012. The caption of Ordinance No. 16-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33 "POLICE AND FIRERESCUE DEPARTMENTS", SECTION 33.60, "DEFINITIONS" ; SECTION 33.61, "MEMBERSHIP 21 06/05/12 CONDITIONS OF ELIGIBILITY; APPLICATION"; SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY"; SECTION 33.63, "OPTIONAL FORMS OF BENEFITS"; SECTION 33.64, "CONTRIBUTIONS"; SECTION 33.65, "ADMINISTRATION"; SECTION 33.66, "FINANCES AND FUND MANAGEMENT"; SECTION 33.689, "RETIREMENT BENEFIT ENHANCEMENT"; SECTION 33.70, “DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS”; AND CREATING SECTION 33.73, "TERMINATION OF THE SYSTEM", TO IMPLEMENT AND COMPLY WITH CHAPTER 2009-97, LAWS OF FLORIDA; CHAPTER 2011-216; AND THE INTERNAL REVENUE CODE; AND TO COMPLY WITH A COURT DECISION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-12 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance and stated the Police and Fire Pension Board and the changes are based on requirements in State law and the IRS code. He stated in his memo he highlighted the sections that are more policy decisions for the Commission to make. The City Attorney briefly highlighted the areas where staff has a concern regarding the proposed language of the ordinance: Section 33.60, 33.61, 33.65, and 33.73. The City Attorney stated the proposed changes/questions were reviewed by the Attorney for the Police and Fire Pension Board and the only comment they had was on Section 33.73. The City Attorney stated they stated their response was the Division of Retirement likes to have this language in the ordinance. The City Attorney stated in conferring with Jim Linn it is their position that if you want the exact language of the Statute in the ordinance then staff can do that; however, the City Attorney stated staff added a paragraph at the end of the ordinance stating “If it is determined by the City Commission that this Retirement System be terminated it shall be terminated in accordance with State law as set forth in Chapters 175 and 185, as those Chapters now exist and as they may be amended in the future.” Mr. Frankel stated he is a member of this Board and there has been lengthy debate over the proposed changes. Mr. Frankel stated he supports all the changes in particular the change to allow the Fire and Police Chief designee to sit on the board. Mr. Frankel stated while it is very important for the Police Chief and Fire Chief to serve on this board he would trust in them to select a designee that would reflect their interest as well as the Police and Fire Department as well as allow them to spend the hours per month on essential city things. He stated the request to extend the term from 2-4 years they felt makes the board more stable as well as a decrease in turnover and it also helps with the education and the knowledge that goes into serving on the board. Mr. Frankel 22 06/05/12 stated the Division of Retirement prefers the change of language. The City Manager stated the problem that he has seen come up a number of times in the course of his career is you may have the exact language of the Statute today but next year the Legislature changes it and you are following what is in the ordinance but that is no longer what is in the Statute. He stated it is much safer to have the reference to the Statute then if the Statute changes you know where to look and you are assured that if you are involved in this kind of situation you are following the current law. The City Manager stated he believes the Fire Chief and Police Chief should be on the board to have the management influence because it is critical that we get better performance from the Police and Fire Pension Plan. The City Manager stated he does not agree with extending terms of board members from 2 to 4 year terms. The City Attorney stated people who are not designated such as the Police Chief and Fire Chief, term limits would not apply to them and other people where the position is designated term limits would not apply to that. However, the City Attorney stated there are members of the Board (not on the union side) who would still be governed by term limits unless there is something in Chapter 175 and 185 that trumps the term limits. Mrs. Gray asked Fire Chief Danielle Connor how she feels about serving on the board. Chief Connor stated she knew when she received this appointment that this would be a portion of her job responsibilities and she accepts the opportunity. Mr. Carney expressed concern with the 4 year term. Mrs. Gray concurs with comments expressed by the City Manager that the Fire Chief and Police Chief should be on the board. Mr. Jacquet stated he does not agree with the change to extend the terms of board members from 2 to 4 years because we need fresh perspective and new ideas. He made reference to Section 33.65 regarding the fire chief or a firefighter designated by a chief is fine because that allows the chief to sit on the board and if the chief has something more pressing to do they have the option of designating someone within their choosing to be there. Mr. Jacquet stated he is not in favor of the proposed change to extend the terms of board members from 2 to 4 years. Mayor McDuffie stated the Commission is agreeable with the proposed changes except for Section 33.65(B). The City Attorney asked the Commission if there is a consensus to remove the proposed language which would extend the terms from 2 years to 4 years. There was brief discussion regarding Section 33.65(A). Chief Connor stated the designee this year has been a Chief Officer. Brief discussion followed by the Commission and the City Attorney with regard to the language in Section 33.65(A) regarding the designee. The City Attorney stated he will work on the changes to the language for second reading. 23 06/05/12 Mr. Frankel moved to approve Ordinance No. 16-12 on FIRST Reading as amended with the suggested language changes as discussed by the Commission, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 18-12: Consider a city-initiated rezoning from RM (Medium Density Residential) to CF (Community Facilities) for two parcels of land located on the east side of S.W. 12th Avenue, approximately 106 feet north of SW 2nd Street for the Neighborhood Resource Center Expansion. If passed, a public hearing will be held on June 19, 2012. The caption of Ordinance No. 18-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF SW 12TH AVENUE, 107 FEET NORTH OF SW 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18-12 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a rezoning from RM (Multiple Family Residential) to CF (Community Facilities) for the Neighborhood Resource Center Expansion located at 133 S.W. 12th Avenue. At its meeting of May 21, 2012, the Planning and Zoning Board held a public hearing in conjunction with the request. The Board voted 7 to 0 to recommend approval. The Board emphasized the need to look at the adequacy of on-site parking during review of the site plan at the Site Plan Review and Appearance Board and that concern will be carried forward. At its meeting of May 24, 2012, the CRA recommended approval unanimously. Mr. Carney moved to approve Ordinance No. 18-12 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. 24 06/05/12 Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 20-12: Consider a city-initiated ordinance amending Chapter 110, “Local Business Taxes Generally”, Section 110.15, “Local Business Tax Schedule”, to provide for a 5% percent increase in all business tax fees. If passed, a public hearing will be held on June 19, 2012. The caption of Ordinance No. 20-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, “LOCAL BUSINESS TAXES GENERALLY”, OF THE CODE OF ORDINANCES BY AMENDING SECTION 110.15, “LOCAL BUSINESS TAX SCHEDULE”, TO ELIMINATE OUTDATED BUSINESS CLASSIFICATIONS AND TO PROVIDE FOR AN INCREASE IN THE LOCAL BUSINESS TAX SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20-12 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. Lula Butler, Director of Community Improvement, stated pursuant to Chapter 205 the City is allowed to increase its business tax receipt every other year by up to 5%. Mrs. Butler stated the last time there was an increase was 2008. Mrs. Butler stated the City lost a lot of businesses between 2007 and 2010 but in this past year the City has taken in 896 new business applications that have been approved and there is a 20% increase in home occupations. Staff recommends approval of this ordinance. Mr. Frankel moved to approve Ordinance No. 20-12 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – No. Said motion passed with a 4 to 1 vote, Commissioner Jacquet dissenting. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, City Attorney and City Commission. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager 25 06/05/12 The City Manager stated at the Palm Beach County League of Cities Installation Luncheon the City received recognition as “Member City of The Year” in recognition of excellence and municipal service. Mr. Carney stated he was honored to represent the Mayor and City Commission in accepting this recognition on behalf of the City of Delray Beach. Secondly, the City Manager stated on the June 19, 2012 agenda staff will have the City Attorney and the City Manager evaluations. Lastly, the City Manager stated the Financial Review Board (FRB) went through a period of 1-1½ years where they insisted that no staff be present at their meetings other than a secretary. He stated there was no liaison and the Board was operating completely on their own. The City Manager stated when the Board sent recommendations they sent them to everyone so staff were not really sure if they wanted staff to respond or the City Commission to respond. The City Manager stated Rich Reade is the Liaison to the Board and staff is trying to get it back on track. 13.B. City Attorney The City Attorney stated he will be out-of-town this Sunday through Thursday and he will be reachable by cell phone and he will also be checking his emails. 13.C. City Commission 13.C.1. Mr. Jacquet Mr. Jacquet thanked Lula Butler, Dr. Debbie Kaiser, Janet Meeks, and Joe Gillie and everyone else within the City who has worked on this All America application. He stated to potentially be the only municipality to have ever received this recognition three times that is a huge accomplishment and is a testament to the work that the residents, taxpayers, and the Commission has done to get this City where it is especially for the reason why we are being recognized for Grade Level Reading. Secondly, Mr. Jacquet stated tomorrow he will be the keynote speaker at Orchard View Elementary’s Moving On Ceremony and is looking forward to that. Mr. Jacquet stated he would like the Commission to recognize Samantha Kerker (Junior) student at Atlantic High School. Mr. Jacquet stated she was recognized nationally as one of the top ten youth volunteers in the nation for the community service work that she has done. He stated at a recent Workshop meeting he mentioned something about the amount of money that the City is spending on health insurance for employees and the potential of looking at something about smokers and hiring new employees. Mr. Jacquet stated he would like to see something come before the Commission to where they can 26 06/05/12 make the decision whether we want to look into limiting who we hire based on that criteria or not. 13.C.2. Mr. Carney Mr. Carney stated he had no comments or inquiries on non-agenda items. 13.C.3. Mrs. Gray Mrs. Gray stated a couple of months ago a citizen sent the Commission an email about parking meters and how we could create some revenue without parking meters being on Atlantic Avenue and the suggestion was that the City implement a 1-2% fee at the restaurants and that they collect it. She stated she would like to hear both sides of this. The City Manager stated this is getting into some legal questions about what powers the City has to levy fees and the attorneys would be better equipped to respond to that then he would; however, if Mrs. Gray has examples of some things being done in other cities that would be very helpful. He stated there is a lot of interest in trying to do something else. Mrs. Gray stated she spoke with Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA) today and they realized the 5th Avenue Plaza does not really have a name. Mrs. Gray stated the suggestion was to see if we could actually name that plaza after Libby Wesley, one of the Founders of the Roots Cultural Festival. Mrs. Gray suggested that the City get with the CRA and discuss how they can make that happen. 13.C.4. Mr. Frankel Mr. Frankel stated with regard to the Democracy Group he is not against the cause; however, he does not feel this is the right level they are looking for. He stated they are looking for changes in the constitution and noted there is a State Constitution and a Federal Constitution. Secondly, Mr. Frankel stated Assistant City Manager Robert Barcinski received a distinguished honor and received the 2012 Assistant for Excellence in Leadership Award at the Florida City and County Management Association (FCCMA) Conference on June 1, 2012. Lastly, Mr. Frankel wished his nephew Spencer Harris Frankel a happy 1st birthday on June 8, 2012. 27 06/05/12 13.C.5. Mayor McDuffie Mayor McDuffie congratulated Doug Smith and everyone who worked on the new website. He stated it looks great and it is easy to find things. There being no further business, Mayor McDuffie declared the meeting adjourned at 8:20 p.m. _________________________________________ City Clerk ATTEST: ____________________________________ M A Y O R The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on June 5, 2012, which Minutes were formally approved and adopted by the City Commission on ________________________. __________________________________________ 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. June 5, 2012 City Commission Meeting; Item 9.A. June 5, 2012 City Commission Meeting; Item 9.A. June 5, 2012 City Commission Meeting; Item 9.B. June 5, 2012 City Commission Meeting; Item 9.B. June 5, 2012 City Commission Meeting; Item 9.C. June 5, 2012 City Commission Meeting; Item 9.C. WORKSHOP MEETING JUNE 12, 2012 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, June 12, 2012. Roll call showed: Present -Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet (6:05 p.m.) Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent -None Also present were -David T. Harden, City Manager Terrill Pyburn, Assistant City Attorney Kimberly Wynn, Acting City Clerk Mayor McDuffie called the workshop meeting to order and announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA 1. Parking Management Options: Mr. Randal Krejcarek, City Engineer presented this item. Mr. Richard Hasko, Director of Environmental Services and Mr. Scott Aronson, Parking Management Specialist was also present. Mr. Krejcarek presented the recommendations made by the Parking Management Advisory Board and staff. He discussed potential revenues and incurred expenses for each option including additional personnel costs. Mr. Carney asked what percentage of the revenues would be derived before and after 6:00 p.m. and the projected revenues from using the multi-space meters. Mr. Jacquet asked if the calculations were based on six (6) hours per day/7 days per week. He discussed the personnel needed for the proposed programs. He asked who regulated the current collection of parking. Mr. Hasko addressed Mr. Jacquet’s concerns regarding additional personnel. Mr. Aronson discussed the multi-space meter process. Mrs. Gray stated that the split tier system is confusing. Employee parking should be enforced. She asked about the volunteer fee for business owners. Mr. Harden advised her that the City Attorney’s office is looking into this program. Mr. Aronson discussed an incentive program for using the parking meters. Mr. Frankel commented on the convenience of Delray not charging for parking. He concurred with Mrs. Gray that a split tier system to charge for parking would be confusing. 2 June 12, 2012 Mayor McDuffie asked what the total number of metered spaces is. He proposed an employee downtown parking program or maybe an Interlocal Agreement with Palm Beach County to use the Courthouse Parking Garage. Mr. Jacquet concurred with Mayor McDuffie’s idea of an Interlocal Agreement. He talked about the collection of fees and suggested that the issue of employee parking be tackled. Mr. Hasko stated there is no incentive to park in the garage. Mayor McDuffie proposed that the program be tweaked and simplified. He discussed an Interlocal Agreement with Palm Beach County for use of the courthouse parking garage. He also suggested that the Downtown Development Authority be contacted to confirm the number of employees. Mrs. Gray suggested parking meters be installed and not charge during the daytime. Mr. Frankel stated he is not in favor of the parking meters. If we must have parking meters, then install them on Atlantic Avenue. Mr. Jacquet does not favor parking meters Mr. Harden stated that he is apprehensive about parking meters. Mr. Carney stated that he is not in favor of the parking meter program. If meters are needed, only have them on Atlantic Avenue. No parking fees during the day, and a residence program implemented. Mayor McDuffie asked that the fee assessment program be limited to the Central Business District (CBD) area. Mrs. Gray asked about the volunteer merchant program. Ms. Terrill Pyburn, Assistant City Attorney stated that she would have to research this with the Ethics Committee. She would prefer to have the opinion of the Ethics Commission. It was the consensus of the Commission to bring back parking options back to a future meeting. 2. Renovations to the Utility Billing Division: Mr. David Boyd, Finance Director presented this item. Mr. David Miller, President of David Miller Associates was also present. Mr. Boyd presented a proposed plan to do full renovations to the Utility Billing Division. He stated the renovations are based on the recommendations of a study conducted and architectural review of the area. Mr. Boyd advised the three main goals were to improve customer service, address the concerns of employee safety and accessibility to funds, and create a more ADA compliant area. Mr. David T. Harden, City Manager, stated that the improvements to the area for safety are needed. Mr. Jacquet questioned how the bond money to fund this project was obtained. Mr. Boyd explained that a bond was refinanced which created a savings on the interest. It was the consensus of the Commission to move forward with doing full renovations to the Utility Billing Division. 3 June 12, 2012 3. Parks and Recreation FY 2013 Departmental Budget Presentation Administrative and Special Events Mrs. Linda Karch, Director of Parks and Recreation, presented this item. She highlighted the Parks and Recreation functions and divisions, major accomplishments and challenges, personnel and operating costs. In addition, they discussed the budget requests. Mrs. Gray asked how we seek sponsorships and donations and who normally sponsors. What is the success rate of the program? She also asked about lighting at the Pine Grove Park. Mrs. Karch discussed some of the programs that had sponsorships. She also talked about the lighting at Pine Grove Park. Community Center and Athletics Mrs. Linda Karch, Director of Parks and Recreation, presented this item. She highlighted the Parks and Recreation functions and divisions, major accomplishments and challenges, personnel and operating costs. In addition, they discussed the budget requests. Mayor McDuffie advised that he would like to have the Community Center renovated in the near future. Pompey Park Mrs. Linda Karch, Director of Parks and Recreation, presented this item. She highlighted Pompey Park’s functions, staffing, revenue, expenses, budget account highlights, programs and special events. Mrs. Gray questioned the need for security at Pompey Park. She thanked Mrs. Karch for her support of the International Netball Association Tournament. Mrs. Karch stated that she would re-evaluate the need for security at Pompey Park. “505” Teen Center and Hobbit Skate Park Mrs. Linda Karch, Director of Parks and Recreation, presented this item. She highlighted Pompey Park’s functions, staffing, revenue, expenses, budget account highlights, program highlights and special events. Veterans Park Mrs. Linda Karch, Director of Parks and Recreation, presented this item. She highlighted Pompey Park’s functions, staffing, revenue, expenses, budget account highlights, and program highlights. Mayor McDuffie asked if we could engage volunteers to redo the playground. Mr. Carney asked about the plans regarding the building at Veterans Park for a “Family Fun & Fitness Center”. Mr. Jacquet asked if we had anything close west of I-95. 4 June 12, 2012 Catherine Strong Splash Park Mrs. Linda Karch, Director of Parks and Recreation, presented this item. She highlighted Pompey Park’s functions, staffing, revenue, expenses, budget account highlights, and programs. Mrs. Gray asked what happened to a former employee’s salary; was it moved back to the General Fund? Out of School Mrs. Linda Karch, Director of Parks and Recreation, presented this item. She highlighted Pompey Park’s functions, staffing, revenue, expenses, budget account highlights, and projects. Ocean Rescue and Aquatics Mr. James Scala, Ocean Rescue Superintendent presented this item. He discussed the organizational chart, primary functions, revenue, expenses, budget account highlights, beach attendance, ocean rescue staffing levels, staff/beach attendance, performance measures, capital outlay requests, and future needs. In addition, he highlighted the functions, staffing, revenue, expenses, budget account highlights as well as program highlights for both Pompey Pool and the Delray Swim Club. Parks Maintenance and Cemetery Mr. Tim Simmons, Assistant Director of Parks and Recreation, presented this item. He discussed the Parks Maintenance Organizational Chart, staffing levels, revenue, expenses, budget account highlights, capital outlay request and parks maintenance contracts. He also highlighted the management, supervisor, tree trimming, facility/building maintenance, general maintenance, irrigation, equipment operation and equipment maintenance functions. In addition, he gave an overview of the cemetery organizational chart, staffing levels, revenue, personnel and operating costs, maintenance and capital outlay requests. Mr. Simmons also discussed the supervision, interments, and the general maintenance functions. Mayor McDuffie adjourned the Workshop Meeting at 8:34 p.m. ________________________________ Acting City Clerk ATTEST: MAYOR 5 June 12, 2012 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, June 12, 2012, which Minutes were formally approved and adopted by the City Commission on July 5, 2012. ________________________________ 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 amendments, additions or deletions to the Minutes as set forth above. 06/19/12 JUNE 19, 2012 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, June 19, 2012. 1. Roll call showed: Present -Commissioner Thomas F. Carney, Jr. Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent -Commissioner Frankel Commissioner Jacquet 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 Linda Mobley with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie stated that Item 9.B., Selection of Solid Waste Collection Services Provider is being removed from the agenda and Item 10.B., Ordinance No. 20-12 has been postponed to a date certain of July 5, 2012. Mrs. Gray moved to approve the Agenda as amended, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 3 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Workshop Meeting of May 8, 2012, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mrs. Gray – Yes. Said motion passed with a 3 to 0 vote. Mr. Carney moved to approve the Minutes of the Workshop Meeting of May 22, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 3 to 0 vote. 2 06/19/12 Mrs. Gray moved to approve the Minutes of the Special/Workshop Meeting of May 24, 2012, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 3 to 0 vote. 6. PROCLAMATIONS: 6.A. Parks and Recreation Month – July 2012 Mayor McDuffie read and presented a proclamation hereby proclaiming July 2012 as Parks and Recreation Month. Linda Karch, Director of Parks and Recreation came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. Representative Bill Hager – Update on Legislative Session Representative Bill Hager, stated House District #89 starts at the Broward/Palm Beach County line and encompasses most of Boca Raton about half of Delray Beach and hugs the ocean and the Intracoastal up to Palm Beach and through Singer Island. He stated he was on the City Council for the City of Boca Raton for 7 years and thanked the City Commission for their service and noted he understands the sacrifice that goes along with the service. Representative Hager gave a brief report on the State of Affairs for the State of Florida. Mr. Hager briefly spoke regarding bonds (rated AAA) and two years ago there was a $4 billion reduction in revenue with respect to the downturn in the economy and cut spending by $4 billion. Mr. Hager stated one year ago there was a $2 billion reduction in revenue and they cut spending by $2 billion. He stated the State of Florida did not increase fees or taxes but at this time reduced business taxes. Mr. Hager stated this State ranks 11th in the United States in terms of its K-12 system and has the highest Hispanic High School graduation rate in the nation and Palm Beach County ranks 8th in the United States in terms of its graduation rate. He stated they have expended energy making the state attractive so that it can boom in the out years through creating as much opportunity as possible. Mr. Hager stated 500 Chief Executive Officers were recently surveyed and they ranked Florida the #2 state in the nation from which to start, grow and prosper a business. He stated Florida continues to attract businesses from South America and there are three counties in southeast Florida we have one-third of a million Brazilians who have come here for opportunity. Mr. Hager stated Florida has the 5th lowest taxes in the nation. Mr. Hager stated he co-sponsored a Bill called Caylee’s Law. Mr. Hager commended the City Commission and its predecessors for the mindbending economic upturn they have put in place through good public policy. 3 06/19/12 7.B. I.M.P.A.C.T. (Individual, Mentoring, Program and Collaborative Team) Delray Graduation Presentation Bruce Koeser, Human Resources Director, presented the first graduating class of Impact Delray. Mr. Koeser stated this group was formed one year ago to deal with a major issue facing the city and that is 83 people are currently in the DROP Program. He stated at least that many people within the next five years will be retiring and many of these individuals are management level and department heads. Mr. Koeser stated the department heads collaborated and came up with a list of nine (9) employees who they felt had the potential to move two levels up within the next few years. Mr. Koeser stated they met twice a month for ½ day each and the program cost was $3,000. He stated these employees were exposed to leadership, communication skills, municipal pension issues, cultural issues, and general issues in the workplace. Dot Bast, Training and Development Manager, thanked Mr. Koeser and the City Manager for their support and encouragement for this program. She stated they had three primary goals with I.M.P.A.C.T. those being: (1) develop leadership competencies, (2) establish individual mentoring relationships with department heads, and (3) create a collaboration team similar to Leadership Palm Beach County. Rick Caldwell, Consultant, came forward and thanked the City of Delray Beach for selecting them to take this for the last year. Mr. Caldwell introduced the first graduating Class of 2012 for I.M.P.A.C.T. Delray: Charles Furment, Cheryl Hoaglund, Desiree Kazakevicius, Sharon L’Herrou, Maria Marino-Bollan, Scott Pape, Nigel Roberts, Tim Simmons, and Kimberly Wynn. Maria Marino and Kimberly Wynn came forward and gave a few brief comments and a PowerPoint presentation highlighting the program. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR A SIDEWALK DEFERRAL/1205 PALM TRAIL: Approve an agreement to defer installing a sidewalk on the west side of Palm Trail for the property located at 1205 Palm Trail. 8.B. REQUEST FOR A SIDEWALK DEFERRAL/960 DOGWOOD DRIVE: Approve an agreement to defer installing a sidewalk along the south side of Dogwood Drive for the property located at 960 Dogwood Drive. 8.C. REQUEST FOR A SIDEWALK DEFERRAL/926 BANYAN DRIVE: Approve an agreement to defer installing a sidewalk along the south side of Banyan Drive for the property located at 926 Banyan Drive. 8.D. REQUEST FOR A SIDEWALK DEFERRAL/936 HYACINTH DRIVE: Approve an agreement to defer installing a sidewalk along the south side of Hyacinth Drive for the property located at 936 Hyacinth Drive. 4 06/19/12 8.E. LETTER OF SUPPORT/JUSTICE ASSISTANCE GRANT (JAG) FUND: Authorize the Mayor to sign a letter in support of funding allocations for Countywide Justice Assistance Grant (JAG) funds for FY 12/13. 8.F. AGREEMENT/FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP): BEACH RENOURISHMENT PROJECT: Approve the Department of Environmental Protection (DEP), Contract No. 12PB1 between the City and the DEP for the state’s cost sharing of the Beach Renourishment Project. 8.G. BULLETPROOF VEST GRANT/DEPARTMENT OF JUSTICE: Authorize staff to submit an application to the Department of Justice for funding in the amount of $33,600.00 for 48 vests from the Bulletproof Vest Program. If awarded, the program would provide 50% or $16,800.00 of the cost with the remaining balance to come from 001-2115-521-52.27 (General Fund: Operating Supplies/Equipment < $1,000). 8.H. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA): Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for funding of the broadband service in the NW/SW neighborhoods. 8.I. SUBLEASE AGREEMENT/COMMUNITY REDEVELOPMENT AGREEMENT (CRA)/CREATIVE CITY COLLABORATIVE OF DELRAY BEACH, INC.: Approve a Sublease Agreement with the Creative City Collaborative of Delray Beach, Inc. and the Community Redevelopment Agency (CRA) regarding the Old School Square Parking Garage retail space. 8.J. PAYMENT OF INVOICE/FLORIDA POWER & LIGHT (FPL): Approve payment to Florida Power & Light (FPL) in the amount of $37,998.80 for upgrading the electrical service relating to the Lift Station 100A Upgrade project. Funding is available from 442-5178-536-69.29 (Water & Sewer Renewal & Replacement Fund: Water & Sewer Trans/Storage Project/LS100A Capacity Upgrade). 8.K. AMENDED AGREEMENT/PALM BEACH COUNTY/DISASTER RECOVERY INITIATIVE (DRI3) PROGRAM: Approve an amended Agreement between the City and Palm Beach County to provide for implementation of the Hurricane Hardening of Fire Station #1 funded under the Disaster Recovery Initiative 3 (DRI3). 8.L. MEMORANDUM OF UNDERSTANDING/SOLID WASTE AUTHORITY (SWA)/AMERICAN BEVERAGE ASSOCIATION (ABA): Provide authorization for the City to participate in a pilot public space recycling program with the Palm Beach County Solid Waste Authority (SWA) and the American Beverage Association (ABA). 8.M. RESOLUTION NO. 24-12/INTERLOCAL AGREEMENT/THE FLORIDA GREEN FINANCE AUTHORITY: PROPERTY ASSESSED CLEAN ENERGY (P.A.C.E): Approve Resolution No. 24-12 in support of the City’s intention to implement the “Florida Green Energy Works Program”, and authorize the Mayor to 5 06/19/12 execute an Interlocal Agreement with the Florida Green Finance Authority to administer the program. The caption of Resolution No. 24-12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING THE CITY’S SUPPORT AND INTENTION TO CREATE WITHIN THE CITY, THE “FLORIDA GREEN ENERGY WORKS PROGRAM” A VOLUNTARY PROGRAM PROVIDING INTERESTED PROPERTY OWNERS WITH THE OPPORTUNITY TO FINANCE ENERGY EFFICIENCY IMPROVEMENTS ON THEIR PROPERTY BY REPAYMENT THROUGH NON-AD VALOREM ASSESSMENTS ON THEIR PROPERTY TAX BILL; AUTHORIZING THE MAYOR OF DELRAY BEACH TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE FLORIDA GREEN FINANCE AUTHORITY FOR ADMINISTRATION OF THE FLORIDA GREEN ENERGY WORKS PROGRAM IN THE CITY OF DELRAY BEACH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (The official copy of Resolution No. 24-12 is on file in the City Clerk’s office.) 8.N. RESOLUTION NO. 28-12: Approve Resolution No. 28-12 assessing costs for abatement action required to remove nuisances on twenty-four (24) properties throughout the City of Delray Beach. The caption of Resolution No. 28-12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR 6 06/19/12 THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 28-12 is on file in the City Clerk’s office.) 8.O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 5, 2012 through June 15, 2012. 8.P. AWARD OF BIDS AND CONTRACTS: 1. None Mr. Carney stated he is the President of the Creative City Collaborative and asked if there is a conflict with regard to Item 8.I., Sublease Agreement/Community Redevelopment Agreement (CRA)/Creative City Collaborative of Delray Beach, Inc. The City Attorney stated since the approval or denial of this lease agreement will not inure to Mr. Carney’s personal gain or loss, there is not a conflict with Mr. Carney’s voting on this item. Mayor McDuffie thanked the CRA for Item 8.H., Interlocal Agreement/Community Development Agency (CRA) because that will allow the City to start its Digital Divide Project. Mr. Carney moved to approve the Consent Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mrs. Gray – Yes. Said motion passed with a 3 to 0 vote. 9. REGULAR AGENDA: 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: FIRESTONE AT DELRAY: Consider an appeal of the Site Plan Review and Appearance Board’s decision regarding Firestone at Delray, located at 5190 West Atlantic Avenue. (Quasi-Judicial Hearing) Mayor McDuffie read the City of Delray Beach Quasi-Judicial Hearing 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 this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission stated they had no ex parte communications to disclose. 7 06/19/12 Paul Dorling, AICP, Director of Planning and Zoning, 2012-109 into the record. Mr. Dorling stated this is an appeal of a Site Plan Review and Appearance Board (SPRAB) denial of a Class I site plan modification and architectural elevation change for Firestone located at 5190 W. Atlantic Avenue. Mr. Dorling stated on April 25, 2012, the SPRAB considered a Class I site plan modification and the proposal is to change the existing doors which are now glass doors and change them to an all steel door. He stated SPRAB tabled the item and gave direction to the applicant that the doors looked too industrial given the high visibility along West Atlantic Avenue in appearance and that the applicant was to come up with solutions. At its meeting of May 9, 2012, the applicant presented a slightly more decorative door. The SPRAB suggested that they need to continue to work on it. SPRAB recommended denial with a 5 to 0 vote and that action was appealed by a May 16, 2012 letter from Douglas E. Farley with Firestone. Mr. Dorling stated Mr. Farley indicated that full vision glass service doors do not comply with Florida Building Code and that the only available commercial service doors that comply with Florida Code are solid steel service bay doors. Mr. Dorling stated SPRAB was told that they did not take into account the Florida Building Code but they did. He stated since the appeal was filed staff researched on the web and found some companies that make that requirement. Staff recommends that the Commission deny the appeal and uphold SPRAB’s decision and provide direction to the applicant to provide a more aesthetically pleasing door that meets Florida Building Code. Douglas E. Farley, Firestone (applicant), stated their manufacturer Clopay is their garage door vendor of choice for all of their stores and they were informed that in order to get the permits approved by Florida Building Code they do not specifically provide a door with glass that would pass the code. Mr. Farley stated they are looking at the Brice Parker Door; however, because it is all glass and hurricane impact it is going to be very expensive. Mr. Farley stated the doors have cost them approximately $20,000 and this is the first city in Florida that they have had this issue with. He stated they are a tire retailer service provider and they fix cars. Mr. Farley stated this store is set back from the street and you cannot see the bay doors from the street until you drive by. He stated these doors are a more economical solution. Scott Porten, Vice Chair of SPRAB, stated Mr. Farley stated he brought the Board a white door and then he brought the Board another white door with a small window. Mr. Porten stated there is probably something else that can be done other than a glass door and feels that there has to be something better than just a big white door. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, stated employees in a building with no windows does not seem appropriate. Mrs. Finst stated there is Jiffy Lube within close proximity and asked when they come back and get their doors changed are we are setting a precedent if we change the vote of SPRAB. There being no one else from the public who wished to address the Commission regarding the appeal, the public hearing was closed. 8 06/19/12 Mr. Dorling had no rebuttal. Mr. Farley stated this store is open between 12-14 hours a day and the doors are up more than half the day. Mr. Dorling stated staff showed the Commission an all glass door to identify that there are other options. He stated SPRAB was presented with a total steel door or a steel door with a small window. Mr. Dorling stated the applicant needs to look into something other than what was proposed. Mrs. Gray stated she is in favor of upholding SPRAB’s decision because she does not want businesses on Atlantic Avenue to look like an industrial park. Mr. Carney concurs with comments expressed by Mrs. Gray. Mayor McDuffie inquired about another Firestone store that is ½-1 mile away and it has the same type of doors on it that were proposed for this store. Mr. Dorling stated they went to SPRAB for an additional site on northbound Federal Highway. He stated the desire of the Board was to have a more decorative door and the applicant was successful in getting approval for this more industrial door because those doors are located on the north side of the building and when passing the building you cannot see the doors unless you look in your rear view mirror as you are going north. Mr. Dorling stated while it would have been better from SPRAB’s point of view the Board allowed the more industrial option in this case. Mayor McDuffie asked if there are acceptable alternatives for the applicant other than an all glass door. Mr. Dorling stated he believes there are other options that are less expensive than an all glass door and feels that SPRAB would consider anything that is brought forward that is better than a steel door with a small window. Mayor McDuffie asked what the applicant has to go through if this is denied. Mr. Dorling stated it would be a Class I architectural elevation submittal and board review within two weeks with another option. 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 (denying the appeal) seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion DENYING the appeal passed with a 3 to 0 vote. 9.B. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 9 06/19/12 9.C. DESIGNATION OF VOTING DELEGATE: Designate the City's voting delegate to the Florida League of Cities’ 86th Annual Conference to be held at Westin Diplomat in Hollywood, Florida on August 23-25, 2012. Mrs. Gray moved to designate Commissioner Carney as voting delegate to the Florida League of Cities 86th Annual Conference to be held at Westin Diplomat in Hollywood, Florida on August 23-25, 2012, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 3 to 0 vote. 9.D. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint two (2) regular members to the Downtown Development Authority (DDA) to serve three (3) year terms ending July 1, 2015. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4). Mr. Frankel’s appointment has been deferred to the next regular meeting of July 5, 2012. Mrs. Gray moved to appoint Bonnie Beer as a regular member to the Downtown Development Authority (DDA) to serve a three (3) year term ending July 1, 2015, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mrs. Gray – Yes. Said motion passed with a 3 to 0 vote. 9.E. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority to serve a four (4) term ending July 14, 2016. Based upon the rotation system, the recommendation for appointment will be made by Commissioner Carney (Seat #1). Mr. Carney moved to reappoint Joseph Hepp as a regular member to the Delray Beach Housing Authority to serve a four (4) year term ending July 14, 2016, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 3 to 0 vote. 9.F. APPOINTMENTS TO THE CIVIL SERVICE BOARD: Appoint two (2) regular members to the Civil Service Board to serve two (2) year terms ending July 1, 2014. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4). Mr. Frankel’s appointment has been deferred to the next regular meeting of July 5, 2012. Mrs. Gray moved to reappoint Carol Clark as a regular member to the Civil Service Board to serve a two (2) year term ending July 1, 2014, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 3 to 0 vote. 10 06/19/12 9.G. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint two (2) regular members from Zone 3 and Zone 5 to serve an unexpired plus three (3) year terms ending July 31, 2015 to the Neighborhood Advisory Council. Based on the rotation system, the appointments will be made by Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1). Mayor McDuffie stated he wished to appoint Wendy Smith (Zone 3) as a regular member to the Neighborhood Advisory Council (NAC) to serve an unexpired term plus three (3) year term ending July 31, 2015. Mrs. Gray so moved, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mrs. Gray – Yes. Said motion passed with a 3 to 0 vote. Mr. Carney moved to appoint Dorothy Payne (Zone 5) as a regular member to the Neighborhood Advisory Council (NAC) to serve an unexpired plus three (3) year term ending July 31, 2015, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 3 to 0 vote. 9.H. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) alternate member to serve an unexpired term ending July 31, 2013 to the Financial Review Board. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). Mrs. Gray moved to appoint Patricia Maguire as an alternate member to the Financial Review Board (FRB) to serve an unexpired term ending July 31, 2013, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 3 to 0 vote. At this point, the time being 7:01 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. PUBLIC COMMENTS/FY 2013 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2013 Proposed Budget at this time. There were no public comments regarding the fiscal year 2013 Proposed Budget. 10.B. ORDINANCE NO. 16-12: Consider an amendment to Chapter 33 “Police and Fire-Rescue Departments”, Section 33.60, “Definitions”, Section 33.61, “Membership Conditions of Eligibility; Application”; Section 33.62, “Benefit Amounts and Eligibility”; Section 33.63, “Optional Forms of Benefits”; Section 33.64, “Contributions”; Section 33.65, “Administration”; Section 33.66, “Finances and Fund Management”; Section 33.689, “Retirement Benefit Enhancement”; Section 33.70, 11 06/19/12 “Direct Transfers of Eligible Rollover Distributions”; and creating Section 33.73, “Termination of the System”, to implement and comply with Chapter 2009-97, Laws of Florida; Chapter 2011-216; and the Internal Revenue Code; and to comply with a court decision. The caption of Ordinance No. 16-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33 "POLICE AND FIRERESCUE DEPARTMENTS", SECTION 33.60, "DEFINITIONS" ; SECTION 33.61, "MEMBERSHIP CONDITIONS OF ELIGIBILITY; APPLICATION"; SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY"; SECTION 33.63, "OPTIONAL FORMS OF BENEFITS"; SECTION 33.64, "CONTRIBUTIONS"; SECTION 33.65, "ADMINISTRATION"; SECTION 33.66, "FINANCES AND FUND MANAGEMENT"; SECTION 33.689, "RETIREMENT BENEFIT ENHANCEMENT"; SECTION 33.70, “DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS”; AND CREATING SECTION 33.73, "TERMINATION OF THE SYSTEM", TO IMPLEMENT AND COMPLY WITH CHAPTER 2009-97, LAWS OF FLORIDA; CHAPTER 2011-216; AND THE INTERNAL REVENUE CODE; AND TO COMPLY WITH A COURT DECISION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-12 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance and stated staff has modified the ordinance pursuant to Commission’s direction. 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. Joe Liguori, Captain of the Delray Beach Fire-Rescue Department and Chairman of the Police and Fire Pension Board, stated regarding Section 2 earnings for Police Officers that the words “fiscal year” be removed and the wording “compensation per year” is sufficient and would not be discriminatory against any police officer who may retire early in a fiscal year and not gain an opportunity to gain the 25 12 06/19/12 hours of overtime. For example, Mr. Liguori stated if the words “fiscal year” are left in then someone retires in December they would only get two months out of that particular year which starts October 1st to accumulate their hours and may not get an opportunity to get those 25 hours of overtime. Mr. Liguori stated he consulted with the pension attorney who stated that would be sufficient. Brief discussion between the Commission and staff followed. Mr. Liguori stated Section 3 of the ordinance and the medical exam is already done for the police and fire hire does not need to be in the ordinance for the pension plan because it would be duplication. Mr. Liguori stated the exam for police and fire hire is more stringent than what is required for the pension plan and it would be an extra administrative expense. He stated with regard to Section 33.61(A)(3)(b) mentions the Civil Service Board and the Board will take Mr. Linn’s recommendation on that. Mr. Liguori stated with regard to Section 7 and the option of the designation of the police chief and fire chief. He stated by adding the option the City is not creating that designee but just allowing that in the future. Mr. Liguori stated it is not really the police chief’s option or the fire chief’s option; they work for the City Manager and if he directs them to be on the Board they will obey the order. The City Attorney stated the ordinance has been changed to add the option that the Fire Chief can appoint someone with a minimum rank of Chief Officer and the Police Chief can appoint someone with a minimum rank of Captain. Mr. Liguori stated the State would not allow that to be written in the ordinance. The City Attorney stated he is not aware of that. Mr. Liguori stated it is the Boards desire is to have four (4) year terms versus two (2); however, they will not oppose it. He stated with regard to Section 11 termination language as written is fine. There being no one else from the public who wished to address the Commission regarding Ordinance No. 16-12, the public hearing was closed. Mr. Carney moved to postpone Ordinance No. 16-12 to a date certain of July 5, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mrs. Gray – Yes. Said motion passed with a 3 to 0 vote. 10.C. ORDINANCE NO. 18-12: Consider a city-initiated rezoning from RM (Medium Density Residential) to CF (Community Facilities) for two parcels of land located on the east side of S.W. 12th Avenue, approximately 106 feet north of S.W. 2nd Street for the Neighborhood Resource Center Expansion. The caption of Ordinance No. 18-12 is as follows: 13 06/19/12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF SW 12TH AVENUE, 107 FEET NORTH OF SW 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18-12 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 stated he has read the rules for Quasi-Judicial Hearings; however, if anyone has walked in since the Quasi-Judicial rules were read and have not been sworn in and wish to speak on this item, to step forward and be sworn in by the Clerk. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mrs. Gray, Mayor McDuffie, and Mr. Carney had no exparte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2012-140 into the record. Mr. Dorling stated this is a rezoning from RM (Medium Density Residential) to CF (Community Facilities) to accommodate the Neighborhood Resource Center (NRC) expansion located at 133 S.W. 12th Avenue. Mr. Dorling stated it is lots 9 & 10 and is approximately 13,939 square feet and it had a single family home on it and was demolished in July 2011. At its meeting of May 21, 2012, the Planning and Zoning Board held a public hearing and recommended approval with a 7 to 0 vote. At its meeting of June 5, 2012, the City Commission recommended approval of this item on first reading. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 18-12, the public hearing was closed. 14 06/19/12 Mrs. Gray moved to adopt Ordinance No. 18-12 on Second and FINAL Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 3 to 0 vote. 10.D. ORDINANCE NO. 20-12: Consider a city-initiated ordinance amending Chapter 110, “Local Business Taxes Generally”, Section 110.15, “Local Business Tax Schedule”, to provide for a 5% percent increase in all business tax fees. The caption of Ordinance No. 20-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, “LOCAL BUSINESS TAXES GENERALLY”, OF THE CODE OF ORDINANCES BY AMENDING SECTION 110.15, “LOCAL BUSINESS TAX SCHEDULE”, TO ELIMINATE OUTDATED BUSINESS CLASSIFICATIONS AND TO PROVIDE FOR AN INCREASE IN THE LOCAL BUSINESS TAX SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20-12 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. 20-12, the public hearing was closed. Mr. Carney moved to postpone Ordinance No. 20-12 to a date certain of July 5, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 3 to 0 vote. At this point, the time being 7:20 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 15 06/19/12 11.A. City Manager’s response to prior public comments and inquiries. The City Manager stated at the last meeting Mr. Blum inquired about the City’s insurance broker and he provided Mr. Blum with the responses to the RFP in 2008 and the minutes of the Commission where the Commission decided to award that contract to Plastridge and also the agenda backup from 2011 which supported the Commission’s decision to extend the contract for another year as provided in the additional award. Secondly, the City Manager stated Mr. Van Gemert and Mr. Warner inquired about the South Federal Highway Plan and noted that the Neighborhood Workshop is tentatively scheduled for July 10, 2012 and it would go to the Planning and Zoning Board on July 16, 2012. 11.B. From the Public. 11.B.1. Gerry Franciosa, 939 Eve Street, Delray Beach, FL, distributed an article entitled “Trash Talk” and stated he has sent his thoughts to the Commission about Waste Management. Secondly, Mr. Franciosa suggested that the Commission move public comments to 7:00 p.m. He stated people are encouraged to give their comments but Item #10 Public Hearings can sometimes go on and on and people sit here 45 minutes to an hour waiting to speak on an issue. However, Mr. Franciosa stated if people knew they could speak at 7:00 p.m. and then go home it would be a lot better for many people. Mr. Franciosa suggested moving #11, Comments and Inquiries on non-agenda items up to #10 and move #10, Public Hearings down to #11. Mr. Franciosa suggested that the Commission video stream the Workshop meetings. 11.B.2. Denise James, 4850 N.E. 5th Avenue, Apt. #105, Boca Raton, FL 33431, stated she wants to make sure that the Leadership Group that just graduated had in the curriculum accountability. Ms. James stated leaders whether they are Kings or Queens, Bishops, Presidents, Commissioners, or the pawns need accountability because of human nature. Mayor McDuffie stated the City has two Ethics Commissions to assure that. 11.B.3. Michael A. Braid, 418 E. Atlantic Avenue, Delray Beach, FL 33483 (owner of the Orange Leaf Yogurt Café (self-serve yogurt café), stated he put in a custom counter along the east wall and he would like to put in four bar stools. Mr. Braid stated he was told by the City that he would be classified as a restaurant and he would have to contribute $95,000 because now he has become a restaurant in order to put in four bar stools. Mr. Braid stated he gets the older people this time of year who complain that they cannot sit in air conditioning. He distributed before and after photos of his 16 06/19/12 business to the Commission. Mr. Braid stated they are members of the Chamber of Commerce and participate at all the events. He stated most of his customers are already on the Avenue having dinner and stop in his shop for dessert. Mr. Braid stated when he constructed his business the State required him to have two handicapped size bathrooms and he cannot lock the restrooms off to the public. He stated everyone from the Avenue comes into his business whether or not they buy yogurt and feels he is the public restroom for Atlantic Avenue. He urged the Commission to allow him to put in four barstools on the side wall and stated he has already spent $375,000 to create this business. At this point, the time being 7:29 p.m., the Commission moved back to Item 9.I., City Manager Evaluation and Item 9.J., City Attorney Evaluation of the Regular Agenda. 9.I. CITY MANAGER EVALUATION 9.J. CITY ATTORNEY EVALUATION Mr. Carney stated when he was at the CRA the Executive Director would provide them with basic information sheets and after they filled them in they would have a meeting with the person being reviewed to go over it. He stated this may be a way of evaluating the City Manager and the City Attorney. The City Manager and the City Attorney stated they have turned their forms into the Commission. The City Manager stated Commissioner Frankel has responded and indicated that he did not see the need to meet. The City Manager stated what has typically been done in the past is Commissioners do that individually and then at the Commission meeting the Commission can give an overview of their opinion. Mrs. Gray stated she has been meeting or calling the City Manager and the City Attorney and feels she has been evaluating them on a daily basis. However, Mrs. Gray stated if the Commission wants to go to the system that Mr. Carney is suggesting it is fairly simple. Mayor McDuffie stated there is a form to evaluate the City Attorney and City Manager and feels the forms should be filled out. After brief discussion, it was the consensus of the Commission to fill out the standard forms so that everyone is working on the same document for the City Manager and City Attorney’s evaluation; and, then the Commission will meet with both the City Manager and City Attorney individually then bring this item back to a regular meeting for an overview discussion. 17 06/19/12 12. FIRST READINGS: A. None 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager reminded the Commission that he will not be here for the July 5, 2012 meeting because he will be celebrating his 40th wedding anniversary. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Carney Mr. Carney had no comments or inquiries on non-agenda items. 13.C.2. Mrs. Gray Mrs. Gray stated International Net Ball will be having their tournament at Atlantic High School starting on Saturday and the finals will be on Sunday. Secondly, Mrs. Gray stated with regard to West Atlantic Avenue last week the CRA put out some proposals and rejected both proposals. She talked to some developers and they expressed concern over the depth of 150 feet and asked if staff could look into obtaining some better proposals for West Atlantic Avenue. At this point, the City Manager stated with regard to the naming of the 5th Avenue Plaza he and Diana Colonna have discussed that and the CRA is starting work on getting that done. Lastly, Mrs. Gray stated she would like to know the history of the Financial Review Board (FRB) and how they are supposed to look at the overall budget. She expressed concern over the turnover and asked if this is still something that staff needs to look into. 13.C.3. Mayor McDuffie Mayor McDuffie reminded everyone that there is a fundraiser on Thursday, June 21, 2012 at 6:00 p.m. at Crane’s Beach House for the Spady Museum. Secondly, Mayor McDuffie stated he has been working on a project with the CRA since the stimulus funding began and thanks to the contribution from the CRA 18 06/19/12 the project is totally funded. He stated within the next few weeks the City will begin a project of blanketing the northwest/southwest communities from Lake Ida Road to S.W. 10th Street and from Swinton Avenue to Congress Avenue with wireless coverage with permission from FPL to mount on their poles and every home with a child on free or reduced lunch will have free access to wireless and that home will also be presented with a personal computer and a wireless router. He stated the PC’s have been refurbished by S.D. Spady Elementary and Atlantic High School and some are directly from the School District. Mayor McDuffie stated the City has agreed to provide a Parks and Recreation van to transport the ones that are done by the School District and have agreed to house the PC’s. The TED Center will be doing the training and no one will be given a PC until they go through the training. Mayor McDuffie stated he is not sure as of yet whether Florida Atlantic University or Palm Beach State is going to be the Help Desk. He thanked everyone involved and stated the kick off for this project will be July. Mayor McDuffie stated with regard to the lack of parking thereof, he promised he would call about the County Courthouse Parking Garage and the City now has access after working hours to that parking facility from now on seven days a week. He stated this adds approximately 500 parking spaces to the garage spaces in Delray Beach. He stated the Aquacrest Pool may soon fall under the management of the City of Delray Beach through an Interlocal Agreement with Palm Beach County. Mayor McDuffie stated he has checked with the Downtown Development Authority (DDA) to see how many employees are working downtown to see what the City is confronted with in trying to park these employees. He stated there are in excess of 3,000 employees on Atlantic Avenue. Mayor McDuffie stated the DDA, the Parking Management Advisory Board (PMAB) and someone from Planning and Zoning are now breaking it down into times of day how many employees are at work by shifts so the City can see how they can arrange to park them now that we have access to three garages. He stated all that has to be done is to put a guard at the garage and clean it. Mayor McDuffie stated he hopes to move ahead with the employee counts and find out how many we have at every time of day and come up with a parking management plan for the employees to get them out of the downtown area and not be taking our parking places away from the patrons. There being no further business, Mayor McDuffie declared the meeting adjourned at 7:44 p.m. __________________________________________ City Clerk 19 06/19/12 ATTEST: ____________________________________ M A Y O R The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on June 19, 2012, which Minutes were formally approved and adopted by the City Commission on ________________________. ____________________________ ______________ 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. June 19, 2012 City Commission Meeting; Item 9.A. June 19, 2012 City Commission Meeting; Item 9.A. WHEREAS, Carolyn Riley Patton has worked tirelessly the past 25 years to preserve historic buildings in her native Delray Beach, including the Cason Cottage, the Sandoway House Nature Center and the Franklin House; and WHEREAS, Mrs. Patton helped lead a citizen group’s effort in 1995 to purchase the Sandoway House and transform it into a marine education center in order to save it from being torn down and replaced by condos; and WHEREAS, she was instrumental in securing grants and private donations totaling more than $1 million to purchase and rehabilitate the historic house at 142 S. Ocean Blvd. It now has a 100 year lease with the city and cannot be sold to developers; and WHEREAS, she helped with the Grand Opening of the Sandoway House in 1998 and served on the board of the non-profit organization from its inception until recently stepping down; and WHEREAS, she has been instrumental in raising annual operating expenses for the Center, by organizing and promoting yearly Galas, golf tournaments and other events; and WHEREAS, she has volunteered thousands of hours of her time to the Center and continues to obtain grants to help keep grounds historic and landscaped; and WHEREAS, The Sandoway House Nature Center is now listed on the city, state and national registers of Historic Places, largely because of her efforts. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the citizens of Delray Beach, do hereby extend our heartfelt thanks and appreciation to: C A R O L Y N P A T T O N and call upon all present to acknowledge and applaud her longtime outstanding and exemplary dedication, multitudinous contributions and accomplishments to the City of Delray Beach, its residents and this community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 5th day of July, 2012. ____________________________ NELSON S. McDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Manager THROUGH: Bruce Koeser, Human Resources Director David T. Harden, City Manager DATE: May 30, 2012 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF JULY 5, 2012 RESOLUTION NO. 26-12 ITEM BEFORE COMMISSION Presentation of 30 Year Service Award to Fiel Bronson, Water Meter Reader. BACKGROUND In accordance with the City’s service award policy, employees with 30 years of continuous full-time service are to be honored by the City Commission with a resolution and plaque. Fiel Bronson, Water Meter Reader achieved this milestone on April 20, 2012. RESOLUTION NO. 26-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING FIEL BRONSON FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Fiel Bronson was hired by the City of Delray Beach as a Police Department Custodian on April 20, 1982 and on April 20, 2012 reached a milestone in his career, having achieved thirty years of full-time service with the City; and WHEREAS, Fiel Bronson became a Water Meter Reader on September 21, 1987 and has continued to serve his community in this position with honor and distinction; and WHEREAS, Fiel has had a steadfast career with the Finance/Utilities Customer Service Department that included unprecedented, uninterrupted service as a Water Meter Reader; and WHEREAS, Fiel has established himself as a loyal, trusted and committed employee to his department and the citizens that he serves; and WHEREAS, the City of Delray Beach and the Finance/Utilities Customer Service Department are honored to have had Fiel as a valued member of the municipal team over the past thirty years and appreciate his continued service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Fiel Bronson for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Fiel Bronson for his many years of service, and wishes him the best of health and happiness in his continued employment. PASSED AND ADOPTED in regular session on this the 5th day of July 2012. ___________________________________ MAYOR ATTEST: __________________________________ CITY CLERK SERVICE AWARD Presented to Fiel Bronson As a token of our esteem and gratitude for your 30 years of outstanding contributions and distinguished service to The City of Delray Beach Finance Department April 20, 1982 – April 20, 2012 MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 27, 2012 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF JULY 5, 2012 RESOLUTION NO. 29-12 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS)/109 FERN COURT ITEM BEFORE COMMISSION The item before the City Commission is approval of the tax exemption request for improvements to the property located at 109 Fern Court, Del-Ida Park Historic District. BACKGROUND The subject property originally consisted of a circa 1954 ranch style structure designated as contributing to the Old School Square Historic District. At its meeting of August 3, 2011, the HPB approved a Certificate of Appropriateness (COA) for additions and alterations primarily associated with a one-story rear addition of approximately 824 square feet. ANALYSIS The improvements, both interior and exterior, are complete, and a Certificate of Occupancy (CO) was issued on March 22, 2012. The applicant is now applying for tax exemption status for those improvements. The HPB considered the tax exemption request at their June 6, 2012 meeting and recommended approval of the Ad Valorem Tax Exemption Application Parts 1 and 2. The tax exemption will apply only to the difference in assessed value after the eligible property improvements. The applicant is now before the City Commission for final approval of Part 2 of the exemption request. If approved, the request will be forwarded to the Palm Beach County Property Appraiser’s Office and the Palm Beach County Planning and Zoning Department for recordation and final appraisal of the improvements. Additional background and an analysis of the request are provided in the attached HPB Memorandum Staff Report. The request contains qualifying improvements under LDR Section 4.5.1(M)(5)(a)(i)-(iv) and is compliant with the City’s Land Development Regulations, the Historic Preservation Design Guidelines, and the Secretary of the Interior’s Standards for Rehabilitation. Pursuant to LDR Section 4.5.1(M)(10), the "Final Application/Request for Review of Completed Work" was submitted within eighteen (18) months of the CO. The City’s Community Improvement Department has verified that the work has been completed, passed the final inspection, and the Certificate of Occupancy was issued on March 22, 2012. As mandated by LDR Section 4.5.1(M)(10), the Historic Preservation Board reviewed the Final Application at its meeting of June 6, 2012, and determined that the completed improvements were in compliance with the previously approved request. Pursuant to LDR Section 4.5.1(M)(12), upon approval of a Final Application/Request for Review of Completed Work by the Historic Preservation Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The expenditures associated with the qualifying improvements total approximately $140,000. The tax exemption will be limited to the increase in assessed value (as determined by the Palm Beach County Property Appraiser) and result in an abatement of taxes on the City and County portions for a period of ten years from the date of approval. RECOMMENDATION Approve the tax exemption request, “Part 2/Final Application Request for Review of Completed Work” for site improvements to the property located at 109 Fern Court, Del-Ida Park Historic District, based upon positive findings with respect to LDR Sections 4.5.1(M)(5)(a)(iii) and (M)(5)(b) and the Delray Beach Historic Preservation Design Guidelines. RESOLUTION NO. 29-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO PAUL H. ZACKS AND MICHELE S. ZACKS. FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 109 FERN COURT, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(M)(5); PROVIDING AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the “City”), is designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and significant elements of the City’s historical, cultural, social, economic, political, archaeological, and architectural identity; and/or serve as visible reminders of the City’s culture and heritage; and WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic properties for improvements to such properties which are the result of the restoration, renovation, or rehabilitation of the historic properties; and WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing for an ad valorem tax exemption for the restoration, renovation, and/or improvement of historic properties (Ordinance No. 50-96); and WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase interest in restoring, renovating, and improving the City’s historic structures; and WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final Application/Request for Review of Completed Work, the Historic Preservation Planner shall present such Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall recommend that the Historic Preservation Board grant or deny the exemption; and WHEREAS, the property owners filed a Preconstruction Application and Completed Work Application for review by the Historic Preservation Board on June 6, 2012, of an ad valorem tax exemption for the historic restoration, renovation, and improvement of the property located at 109 Fern Court, and the Historic Preservation Board determined that the completed improvements were consistent with LDR Section 4.5.1(M)(5) and recommended approval to grant an ad valorem City tax exemption to Paul H. Zacks and Michele S. Zacks. for the restoration, renovation, and improvement to the property located at 109 Fern Court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 2 Res No. 29-12 Section 1. The City Commission hereby determines that the completed improvements to the property located at 124 North Swinton Avenue, as described in the application for ad valorem tax exemption filed with the City, were consistent with LDR Section 4.5.1(M)(5). Section 2. The City Commission hereby approves an ad valorem tax exemption to the property owner, Paul H. Zacks and Michele S. Zacks., for a ten year period, commencing on 1/1/13, from that portion of ad valorem taxes levied on the increase in assessed value, between the years 1/1/13 – 12/31/22, resulting from the renovation, restoration, and rehabilitation of the property located at 109 Fern Court, which property is legally described as follows and which improvements are described in HPB Certificate of Appropriateness No. 2011-109: Lot 14 and Southwesterly 20’ of Lot 15, Block 15, Del Ida Park Section 3. Prior to the ad valorem tax exemption described herein being effective, Paul H. Zacks and Michele S. Zacks, shall execute and record a restrictive covenant in a form established by the State of Florida, Department of State, Division of Historical Resources, requiring the qualifying improvements be maintained during the period that the tax exemption is granted. A copy of the recorded covenant shall be provided to the City’s Historical Preservation Planner. Section 4. This resolution shall take effect in accordance with law. PASSED AND ADOPTED in regular session on the _____ day of _____________, 201_. _____________________________________ ATTEST: M A Y O R ________________________________ City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: David T. Harden, City Manager DATE: June 26, 2012 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF JULY 5, 2012 RESOLUTION NO. 30-12/ABANDONMENT OF UTILITY EASEMENT ITEM BEFORE COMMISSION Approve Resolution No. 30-12, abandoning a 10’ x 100’ utility easement located at 633 North Ocean Boulevard. BACKGROUND The City currently maintains a 10' x 100' utility easement at 633 North Ocean Boulevard along the front (west) lot line, adjacent to North Ocean Boulevard, that was dedicated on the Plat for “Hancock Subdivision” (Plat Book 76, Page 175) and recorded February 28, 1996. The subject property, which is located on the east side of North Ocean Boulevard, is currently undeveloped and a new single-family house is proposed on the property with a driveway and landscaping to be located within the easement. The easement is not needed by the City to service the property and the property owner is seeking its abandonment. REVIEW BY OTHERS Pursuant to the City's Land Development Regulations (LDR) Section 2.4.6(N)(5), a finding must be made prior the City Commission granting an abandonment that the abandonment will not be detrimental to the provision of utility services to adjacent properties or the general area. There are no utilities within the easement area and the easement is not needed to service the adjacent properties or the general area. The City’s Environmental Services Department has reviewed the request and has no objection to the abandonment. Florida Power & Light (FPL), Comcast Cable, Florida Public Utilities Company and AT&T have all reviewed the request and have no objection to the abandonment. RECOMMENDATION Approve Resolution No. 30-12, abandoning a 10’ x 100’ utility easement dedicated via the Plat for Hancock Subdivision, as recorded in Plat Book 76, Page 175, of the Public Records of Palm Beach County, Florida, located at 633 North Ocean Boulevard; and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(N)(5), Abandonment of Public Easements, of the Land Development Regulations. RESOLUTION NO. 30-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED ON THE PROPERTY AT 633 NORTH OCEAN BOULEVARD, DELRAY BEACH, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a utility easement dedicated via the Plat of “Hancock Subdivision”, as recorded in Plat Book 76, Page 175 of the Public Records of Palm Beach County, Florida, located at 633 North Ocean Boulevard, and as more particularly described in Exhibit "A"; and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(N), "Abandonment of Public Easements", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easement, as more particularly described in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: 2 RES. NO. 30-12 See Exhibit "A" PASSED AND ADOPTED in regular session on this the __ day of__________ , 2012. ________________________________ M A Y O R ATTEST: ___________________________ City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 20, 2012 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF JULY 5, 2012 MAINTENANCE MEMORANDUM OF AGREEMENT/FLORIDA DEPARTMENT OF TRANSPORTATION ITEM BEFORE COMMISSION Approval/authorization for the Mayor to execute an inclusive Maintenance Memorandum of Agreement (MMOA) with Florida Department of Transportation (FDOT). BACKGROUND FDOT maintains jurisdiction over Atlantic Ave (SR 806), I-95 (SR 9), Federal Highway (SR 5) and SR A1A. Each time landscaping was included in a project along any of these corridors, the City and the Florida Department of Transportation (FDOT) entered into a Maintenance Memorandum of Agreement (MMOA). As a result multiple MMOA's currently exist that cover landscaping maintenance, which is the City's responsibility. The attached inclusive MMOA is intended to supersede all existing agreements as referenced in Exhibit B. In the event the FDOT or City decides to construct additional landscape improvements or modify existing improvements within the limits of the rights-of-way identified within the agreement, the FDOT and the City shall agree in writing to the new landscape improvements and maintenance plan. RECOMMENDATION Approval/authorization for the Mayor to execute an inclusive Maintenance Memorandum of Agreement (MMOA) with Florida Department of Transportation (FDOT). MEMORANDUM TO: Mayor and City Commissioners FROM: Steven M. Anderson, Division Chief Danielle Connor, Fire Chief THROUGH: David T. Harden, City Manager DATE: June 20, 2012 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF JULY 5, 2012 RENEWAL OF AGREEMENT/SOUTHEASTERN COLLEGE (F/K/A KEISER COLLEGE) ITEM BEFORE COMMISSION Approve the renewal of an agreement between the Delray Beach Fire-Rescue Department (DBFR) and Southeastern College (formerly Keiser College) to provide a clinical training site for EMT and Paramedic students. BACKGROUND The Delray Beach Fire-Rescue Department maintains a professional relationship with surrounding instructional institutions that offer EMT and Paramedic courses, including Southeastern College. Over the past several years, DBFR has provided Southeastern College students an opportunity to gain experience through clinical rotations that involve access to fire-rescue. Southeastern College has requested a continuance of the mutual agreement between both organizations (DBFR and Southeastern College). RECOMMENDATION Approve the renewal of an agreement between the Delray Beach Fire-Rescue Department and Southeastern College to provide a clinical training site for EMT and Paramedic students. MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: June 27, 2012 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF JULY 5, 2012 SCHOOL READINESS CHILD CARE PROVIDER AGREEMENT/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC. ITEM BEFORE COMMISSION Approve the School Readiness Child Care Provider Agreement between the City of Delray Beach and the Early Coalition of Palm Beach County, Inc. to provide subsidized child care funding for the Afterschool Program located at Pompey Park and the Community Center. BACKGROUND The term of the attached School Readiness Child Care Provider Agreement between the City of Delray Beach and the Early Learning Coalition, Inc. is July 1, 2012 through June 30, 2013. This Agreement continues to provide subsidized child care funding for the City's Afterschool Program. Children enrolled through the program will be subsidized at a reimbursable rate (less the applicable parent fee) to the City at $10.44/child/part-time day and $13.00/child/full-time day. RECOMMENDATION Approve the School Readiness Child Care Provider Agreement between the City of Delray Beach and the Early Coalition of Palm Beach County, Inc. to provide subsidized child care funding for the Afterschool Program located at Pom pey Park and the Com m unity Center. MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: June 27, 2012 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF JULY 5, 2012 AFTERSCHOOL PROGRAM SERVICE AGREEMENT/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC. ITEM BEFORE COMMISSION Approval of a Continue-to-Care Afterschool Scholarship Agreement between Early Learning Coalition of Palm Beach County, Inc. (formerly Family Central, Inc.) and the City of Delray Beach to continue reimbursable funding through the CTC-A Scholarship program for the Afterschool Program located at Pompey Park and Community Center. BACKGROUND The term of the attached Continue-to-Care Afterschool Scholarship Agreement between Early Learning Coalition and the City of Delray Beach is July 1, 2012 through June 30, 2013. This agreement continues to provide reimbursable funding through the CTC-A Scholarship program for the afterschool program. Children enrolled through the program will be funded at a reimbursable rate (less the applicable parent fee) to the City at $10.44/child/part-time day and $19.86/child/full-time day. RECOMMENDATION Approval of the Continue-to-Care Afterschool Scholarship Agreements. MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: June 26, 2012 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF JULY 5, 2012 GRANT AWARD/RECOVERY ACT EDWARD BYRNE MEMORIAL JAG ITEM BEFORE COMMISSION Accept the Edward Byrne Memorial Justice Assistance Grant award (JAG-12) in the amount of $42,212 to assist in funding police overtime for the annual Holiday Robbery Task Force. The application for this grant was previously approved by Commission on April 17, 2012. BACKGROUND The Holiday Robbery Task Force has been in operation since 1997 and runs annually from Thanksgiving through New Year’s Day to provide saturation of patrol units in all shopping centers within the City and for First Night. This patrol effort has reduced crime during the holiday season. This is a renewal of a grant we have received for the last several years and there is no match requirement. FUNDING SOURCE Funding is provided through the U.S. Department of Justice’s Edward Byrne Memorial Justice Assistance Grant (JAG) Program. No match is required by the City. RECOMMENDATION Accept the Edward Byrne Memorial Justice Assistance Grant award (JAG-12) in the amount of $42,212 to assist in funding police overtime for the annual Holiday Robbery Task Force. Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washington, D.C. 20531 June 21, 2012 Mr. David T. Harden City of Delray Beach 300 West Atlantic Avenue Delray Beach, FL 33444 Dear Mr. Harden: On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local Solicitation in the amount of $42,212 for City of Delray Beach. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: -Program Questions, Stefanie Harris, Program Manager at (202) 305-8069; and -Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Enclosures Denise O'Donnell Director Washington, D.C. 20531 Mr. David T. Harden City of Delray Beach 300 West Atlantic Avenue Delray Beach, FL 33444 June 21, 2012 Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo.htm. State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. Dear Mr. Harden: Department of Justice Office of Justice Programs Office for Civil Rights Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ 42.205(5) or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full-and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, cc: Grant Manager Financial Analyst Michael L. Alston Director Grant PAGE 1 OF Department of Justice Office of Justice Programs Bureau of Justice Assistance 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Delray Beach 300 West Atlantic Avenue Delray Beach, FL 33444 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT 10. AMOUNT OF THIS AWARD $ 0 $ 42,212 11. TOTAL AWARD $ 42,212 1A. GRANTEE IRS/VENDOR NO. 596000315 3. PROJECT TITLE Delray Beach Police Department's Holiday Robbery Task Force Project 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY12(BJA -JAG) 42 USC 3750, et seq. 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL GRANTEE ACCEPTANCE Denise O'Donnell Director AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. FISCAL YEAR FUND CODE BUD. ACT. OFC. DIV. REG. SUB. POMS AMOUNT X B DJ 80 00 00 42212 LDJUGT0080 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL David T. Harden City Manager 4. AWARD NUMBER: 2012-DJ-BX-0118 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 7. ACTION Initial 06/21/2012 TO TO 10/01/2011 10/01/2011 09/30/2015 09/30/2015 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE 6 AWARD CONTINUATION SHEET Grant PAGE 2 OF Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2012-DJ-BX-0118 AWARD DATE 06/21/2012 SPECIAL CONDITIONS The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by -mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70. 1. 2. 3. 4. 5. 6. 7. OJP FORM 4000/2 (REV. 4-88) 6 AWARD CONTINUATION SHEET Grant PAGE 3 OF Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2012-DJ-BX-0118 AWARD DATE 06/21/2012 SPECIAL CONDITIONS The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/cc r.htm (Award condition: Central Contractor Registration and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. The recipient agrees to comply with applicable requirements to report first-tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own operate in his or her name). The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income earned must be accounted for and used for the purposes of funds provided under this award, including such use being consistent with the conditions of the award, the effective edition of the OJP Financial Guide and, as applicable, either (1) 28 C.F.R. Part 66 or (2) 28 C.F.R Part 70 and 2 C.F.R. Part 215 (OMB Circular A-110). Further, the use of program income must be reported on the quarterly Federal Financial Report, SF 425. 8. 9. 10. 11. OJP FORM 4000/2 (REV. 4-88) 6 AWARD CONTINUATION SHEET Grant PAGE 4 OF Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2012-DJ-BX-0118 AWARD DATE 06/21/2012 SPECIAL CONDITIONS The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.gov/BJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: http://www.it.ojp.gov/gsp_g rantcondition. Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 12. 13. 14. OJP FORM 4000/2 (REV. 4-88) 6 AWARD CONTINUATION SHEET Grant PAGE 5 OF Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2012-DJ-BX-0118 AWARD DATE 06/21/2012 SPECIAL CONDITIONS The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal Financial Report (SF-425). JAG funds may be used to purchase bulletproof vests for an agency, but may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. The recipient agrees to submit a signed certification that that all law enforcement agencies receiving vests purchased with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for bulletproof vest purchases. This policy must be in place for at least all uniformed officers before any FY 2012 JAG funding can be used by the agency for bulletproof vests. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. Bulletproof vests purchased with JAG funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards. In addition, bulletproof vests purchased with JAG funds must be American-made. The latest NIJ standard information can be found here: http://www.nij.gov/topics/technology/body-armor/safety-initiative.htm. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default. aspx?area=policyAndPractice&page=1046. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faithbased organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equal_fbo.htm. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance. 15. 16. 17. 18. 19. 20. 21. 22. OJP FORM 4000/2 (REV. 4-88) 6 AWARD CONTINUATION SHEET Grant PAGE 6 OF Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2012-DJ-BX-0118 AWARD DATE 06/21/2012 SPECIAL CONDITIONS Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports through GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 23. 24. 25. 26. 27. 28. 29. OJP FORM 4000/2 (REV. 4-88) 6 Memorandum To: From: Subject: Washington, D.C. 20531 Orbin Terry, NEPA Coordinator Incorporates NEPA Compliance in Further Developmental Stages for City of Delray Beach The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see http://www.ojp.usdoj.gov/BJA/resource/nepa.h tml. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. Official Grant File Department of Justice Office of Justice Programs Bureau of Justice Assistance GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY 1. STAFF CONTACT (Name & telephone number) PROJECT NUMBER 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD 8. BUDGET PERIOD 9. AMOUNT OF AWARD 10. DATE OF AWARD 11. SECOND YEAR'S BUDGET 2012-DJ-BX-0118 2. PROJECT DIRECTOR (Name, address & telephone number) 4. TITLE OF PROJECT 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) 5. NAME & ADDRESS OF GRANTEE Grant This project is supported under FY12(BJA -JAG) 42 USC 3750, et seq. Sharon L'Herrou Administrative Officer 300 W. Atlantic Avenue Delray Beach, FL 33444-3695 (561) 243-7852 PAGE 1 OF 1 The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). The grantee will use the award to support the Holiday Robbery Task Force. Funds will be used to support the cost of overtime for officers who will be deployed in targeted areas. These officers will provide high visibility patrols and serve as a crime deterrent. The project goals are to reduce the number of serious crimes that occur during the holiday season and make citizens feel safer in their communities. NCA/NCF Stefanie Harris (202) 305-8069 OJP FORM 4000/2 (REV. 4-88) Delray Beach Police Department's Holiday Robbery Task Force Project City of Delray Beach 300 West Atlantic Avenue Delray Beach, FL 33444 FROM: 10/01/2011 TO: 09/30/2015 FROM: 10/01/2011 TO: 09/30/2015 $ 42,212 06/21/2012 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 3a. TITLE OF THE PROGRAM BJA FY 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Department of Justice Office of Justice Programs Bureau of Justice Assistance MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: David T. Harden, City Mananger DATE: June 28, 2012 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF JULY 5, 2012 2012 ASSISTANCE TO FIREFIGHTERS GRANT ITEM BEFORE COMMISSION Approval/authorization for the submittal of Assistance to Firefighters Grant application. BACKGROUND The Assistance to Firefighters Grant (AFG) was created to provide funding directly to fire departments and volunteer firefighter interest organizations to help them fund projects in their respective departments, including firefighting equipment, Emergency Medical Equipment, Diesel Exhaust Removal Systems and Personal Protective Equipment to include Self Contained Breathing Apparatus (SCBA) and Bunker gear. Delray Beach Fire Rescue (DBFR) is seeking AFG funding for one project that will increase the overall health and well-being of our fire department and comply with safety and health standards established by NFPA and OSHA. Project: Diesel Exhaust Removal System DBFR is seeking to obtain Federal Emergency Management Agency (FEMA) funds under the Fire Operations and Firefighters Safety Program utilizing the Assistance to Firefighters Grant (AFG), which will be used to modify our fire station under “e”, titled “Modifications to Fire Stations and Facilities”. Diesel exhaust has been classified as a carcinogen by the National Institute of Occupational Safety and Health (NIOSH) and presents a serious health threat to our firefighters that live in our fire stations 24/7/365 as well as citizens of our community that visit our facilities. The proposed ventilation system has been independently verified to be capable of capturing virtually 100% of the vehicle exhaust emissions at the point of generation by making an airtight seal to the tailpipes of emergency vehicles. This system fulfills the current NFPA 1500 Section A9.1.6 requirement that the need for elimination and containment of all vehicle exhaust emissions be at a level of not less than 100% effective capture. We plan to install the system at five of our fire stations that are over 15 years old and were designed to have sleeping quarters, dayroom and pole wells located off the apparatus floor for quick access to our vehicles. Our project entails installing a direct source capture exhaust extraction system, which would be attached to each one of our fire apparatus in our fire stations reducing the amount of toxic gases that enter these living spaces every day. FUNDING SOURCE Federal Match 80% Local Match 20% Project Total Project #1: Diesel Exhaust Removal System $189,668 $47,417 $237,086 RECOMMENDATION Approve the submittal of the Assistance to Firefighter Grant application totaling $237,086, which includes a local match of $47,417 for the project. MEMORANDUM TO: Mayor and City Commissioners FROM: Jasm in Allen, Planner Paul D orling, AICP, D irector of Planning and Zoning THROUGH: City M anager DATE: June 28, 2012 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF JULY 5, 2012 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Com m ission is review of appealable actions which were taken by various Boards during the period of June 18, 2012 through June 29, 2012. BACKGROUND This is the m ethod of inform ing the City Com m ission of the land use actions, taken by designated Boards, which m ay be appealed to the City Com m ission. After this m eeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LD Rs applies. In sum m ary, it provides that the City Com m ission hears appeals of actions taken by an approving Board. It also provides that the City Com m ission m ay file an appeal. To do so: · The item m ust be raised by a Com m ission m em ber. · By m otion, an action m ust be taken to place the item on the next m eeting of the Com m ission as an appealed item . REVIEW BY OTHERS Planning and Zoning Board M eeting of June 18, 2012 N o appealable item s were considered by the Planning and Zoning Board. The following item s which were considered by the Board will be forwarded to the City Com m ission for action: A. Recom m ended approval (4 to 0), of a Future Land Use M ap am endm ent from M D (M edium D ensity Residential 5-12 du/ac) to CC (Com m ercial Core) and rezoning from RM (M edium D ensity Residential) to CBD (Central Business D istrict) for a vacant parcel located on the east side of SW 10th Avenue approxim ately 391 feet south of W est Atlantic Avenue (35 SW 10th Avenue). B. Continued (4 to 0), a conditional use request associated with expansion of the existing 2,124 sq. ft. seven (7) room m otel including construction of a new 3,204 building addition to accom m odate an additional 8 room s (total of fifteen (15) room s), a m anager’s office and additional on-site parking spaces for Beachway M otel located at 655 G eorge Bush Boulevard. C. Recom m ended approval (4 to 0), of a privately-initiated am endm ent to the Land D evelopm ent Regulations to create Section 4.5.19, “Lintco D evelopm ent O verlay D istrict” and am end Section 4.4.9 “G eneral Com m ercial (G C) D istrict”, Subsection (G ), “Supplem ental D istrict Regulations” to lim it the Floor Area Ratio (FAR) within the Lintco D evelopm ent O verlay D istrict, located at the northwest corner of Linton Boulevard and SW 4th Avenue). D . Recom m ended approval (4 to 0), of a privately-initiated am endm ent to the Land D evelopm ent Regulations to create Section 4.5.20, “W aterford O verlay D istrict” and am end Section 4.4.25 “Special Activities D istrict (SAD )”, Subsection (E) “Supplem ental D istrict Regulations” to lim it the Floor Area Ratio (FAR) and residential density within the W aterford O verlay D istrict, located south of Linton Boulevard, east of I-95. E. Recom m ended approval (4 to 0), of a City-initiated am endm ents to the Land D evelopm ent Regulations Section 2.4.3(K)(1) “D evelopm ent Applications”; Section 2.4.3(K)(3) “Perm it Fees” and Section 6.3.3 “Sidewalk Café” Subsection 6.3.3(A) “Perm it and Fees” to provide for an increase in certain developm ent application and perm it fees and increasing the perm it fee assessed per square foot of approved sidewalk café space. Site Plan Review and Appearance Board M eeting of June 27, 2012 1. Approved (6 to 0, Shane Am es absent), a request to establish a blanket sign program for the Pugliese Office Building, located at 101-103 Pugliese W ay in conjunction with the first floor of the two-story building being purchased and occupied by Kanner & Pintaluga, P.A. 2. Approved (6 to 0), a Class I site plan m odification associated with the installation of accordion shutters for an existing com m ercial building located at 1501 North Federal Highway (northeast corner of N orth Federal H ighway and N orth Lake Avenue). 3. Approved with conditions (6 to 0), a Class I site plan m odification associated with architectural elevation changes for Sherwood Plaza, located at the southeast corner of Congress Avenue and SW 10th Street (1005 South Congress Avenue). 4. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with a 3-phase developm ent for Village Square, located on the east side of Auburn Avenue between SW 7th Street and SW 10th Street. Phase I includes the construction of 3-story high senior citizen building containing 42 one-bedroom units and 42 two-bedroom units and a club house, pool, and putting green. Phase II includes the construction of a clubhouse and six 3-story buildings with a m ix of 6 one-bedroom units, 66 two-bedroom units, 48 three-bedroom units, and 24 four-bedroom units, (total of 144 units). Phase III includes the construction of 11 three-bedroom for-sale singlefam ily hom es and 14 three-bedroom for-sale duplex units including a swim m ing pool and cabana recreation am enities. H istoric Preservation Board M eeting of June 20, 2012 5. Approved with conditions (7 to 0), a Certificate of Appropriateness for the construction of a new twostory single fam ily residence located at 111 NE 6th Street within the D el-Ida Park H istoric D istrict. 6. Approved with conditions (4 to 3, Ana M aria Aponte, Ronald Brito and Annette Sm ith dissenting) a Class V site plan and a Certificate of Appropriateness for the construction of a new two-story office building containing covered parking on the first floor, and office use on the second floor located at 121 NE 1st Avenue within the O ld School Square H istoric D istrict. The accom panying landscape plan and photom etric plan were approved on a 5 to 2 vote (Ana M aria Aponte and Annette Sm ith dissenting) and the architectural elevation plan was approved on a 4 to 3 vote (Ana M aria Aponte, Sam uel Spear and Annette Sm ith dissenting). Concurrently the Board took the following actions: i. D enied (5 to 2) a variance request to increase the Lot coverage requirem ent to 55% , whereas 40% is the m axim um perm itted. ii. Recom m ended denial (6 to 1), to the City Com m ission of a waiver request to LD R Section 4.4.24(F)(4), which lim its the m axim um width of a building fronting a street to 60’, by perm itting a front elevation width increased to 65’. iii. Recom m ended denial (4 to 3) to the City Com m ission of a waiver request to LD R Section 4.5.1(E)(8)(a)(1)(a),which prohibits building encroachm ent into the Building H eight Plane, by perm itting the proposed developm ent to encroach into the Building H eight Plane. iv. Recom m ended denial (4 to 3) to the City Com m ission of a waiver request toLD R Section 4.5.1 (E)(8)(j)1, to reduce a portion of the front building setback from 32’ to 30’. v. Recom m ended approval (5 to 2) to the City Com m ission of a waiver to LD R Section 4.5.1(E) (8)(j)2., to reduce a portion of the second story side interior setbacks from 12’6” to 8’2”. vi. Recom m ended approval (5 to 2) to the City Com m ission of a waiver to LD R Section 4.6.16(H ) (3)(a), which requires a landscaped strip of land at least 5’ in depth located between the off street parking area and the right way of way, by reducing the width to 2’6”. RECOMMENDATION By m otion, receive and file this report. Attachm ent: Location M ap MEMORANDUM TO: Mayor and City Commissioners FROM: Kevin Rumell, Fleet Superintendent Richard C. Hasko, P.E. Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: June 22, 2012 SUBJECT: AGENDA ITEM 8.J.1 -REGULAR COMMISSION MEETING OF JULY 5, 2012 PURCHASE AWARD/HUB CITY FORD ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of fourteen (14) replacement vehicles from Hub City Ford in the amount of $390,523.00. BACKGROUND This purchase represents replacement Police Patrol cars for fourteen cars based on age, mileage, and lifeto-date maintenance costs. Vendor Type Cost Contract # Hub City Ford 2013 Police Interceptor Sedans $27,894.50 ea. Florida State Contract 071-000-12-1 Total $390,523.00 FUNDING SOURCE Funding is available from 501-3312-519-64.20 (Garage Fund/Machinery Equipment/Vehicle Replacement) RECOMMENDATION Central Garage recommends the award of the fourteen (14) vehicles to Hub City Ford, for a total award amount of $390,523.00. City of Delray Beach Vehicle Replacements FY 2011-2012 Vehicle Make Model Old Vehicle Description Year Mfg. Expected Life Age in Years Current Odometer Original Cost LTD Cost Maint % Maint Cost/Pur Cost/LTD New Vehicle Desccription Make Model Repl. Cost Contract Vendor Comments/Summary Ford CVPI Patrol Car 2003 7 9 117,185 $25,285 $30,031 119% 4 Door Sedan Ford Police Interceptor $27,894.50 State Hub City Ford Age, High Mileage, 119% LTD Ford CVPI Patrol Car 2003 7 9 131,678 $25,290 $27,725 110% 4 Door Sedan Ford Police Interceptor $27,894.50 State Hub City Ford Age, Extreme High Mileage, 110% LTD Ford CVPI Patrol Car 2003 7 9 126,772 $25,357 $26,229 103% 4 Door Sedan Ford Police Interceptor $27,894.50 State Hub City Ford Age, Extreme High Mileage, 103% LTD Ford CVPI Patrol Car 2005 7 7 129,964 $24,732 $28,092 114% 4 Door Sedan Ford Police Interceptor $27,894.50 State Hub City Ford Extreme High Mileage, 114% LTD Ford CVPI Patrol Car 2003 7 9 119,075 $25,824 $25,144 97% 4 Door Sedan Ford Police Interceptor $27,894.50 State Hub City Ford Age, High Mileage, 97% LTD Ford CVPI Patrol Car 2003 7 9 108,170 $25,357 $30,018 118% 4 Door Sedan Ford Police Interceptor $27,894.50 State Hub City Ford Age, Mileage, 118% LTD Ford CVPI Patrol Car 2004 7 8 113,510 $25,014 $26,658 107% 4 Door Sedan Ford Police Interceptor $27,894.50 State Hub City Ford High Mileage, 107% LTD Ford CVPI Patrol Car 2003 7 9 102,983 $25,285 $27,401 108% 4 Door Sedan Ford Police Interceptor $27,894.50 State Hub City Ford Age, High Mileage, 108% LTD Ford CVPI Patrol Car 2003 7 9 107,966 $25,014 $32,919 132% 4 Door Sedan Ford Police Interceptor $27,894.50 State Hub City Ford Age, High Mileage, 132% LTD Ford CVPI Patrol Car 2003 7 9 119,075 $25,714 $25,664 100% 4 Door Sedan Ford Police Interceptor $27,894.50 State Hub City Ford Age, High Mileage, 100% LTD Ford CVPI Patrol Car 2004 7 8 106,493 $25,014 $26,779 107% 4 Door Sedan Ford Police Interceptor $27,894.50 State Hub City Ford High Mileage, 107% LTD Ford CVPI Patrol Car 2004 7 8 104,695 $24,811 $25,635 103% 4 Door Sedan Ford Police Interceptor $27,894.50 State Hub City Ford High Mileage, 103% LTD, Needs Paint Job Ford CVPI Patrol Car 2003 7 9 93,404 $25,014 $30,980 124% 4 Door Sedan Ford Police Interceptor $27,894.50 State Hub City Ford Age, 124% LTD Ford CVPI Patrol Car 2003 7 9 97,533 $25,452 $28,567 112% 4 Door Sedan Ford Police Interceptor $27,894.50 State Hub City Ford Age, 112% LTD Totals $390,523 Prepared by City of Delray Beach 6/29/2012 Page 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 26, 2012 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF JULY 5, 2012 WAIVER REQUEST/HARBOR PLAZA ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a waiver from the following Land Development Regulation associated with the Class IV site plan for the Harbor Plaza project: 1. A waiver to LDR Section 4.6.9(D)(3)(c)(1), which requires a 50-foot stacking distance for the new driveway along Banyan Tree Lane. BACKGROUND At its meeting of June 13, 2012, the SPRAB approved the Class IV site plan, landscape plan, architectural elevations for the demolition of 17,060 square feet and construction of a 23,740 square foot addition and outside seating area in Harbor Plaza to accommodate a Fresh Market. As part of the improvements, a new driveway access is proposed on Banyan Tree Lane and the SPRAB unanimously recommended approval of the waiver to the required stacking distance. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Stacking Distance: Per LDR Section 4.6.9(D)(3)(c)(1), a 50-foot stacking distance between the right-of-way and the first parking or aisleway is required for the new driveway along Banyan Tree Lane and 21.4 feet is proposed. The applicant has submitted a waiver request for a reduced stacking distance. The applicant has submitted the following verbatim narrative in support of the waiver: “…In order to accommodate this request, three additional stop signs have been incorporated at the driveway along Banyan Tree Lane. Please see the attached plan. We believe that this meets the intent of the code requirement because there are no conflicts within the 50 foot requirement. There is 19 feet + 32 feet or 51 feet, greater than the 50 foot dimension required. We have also introduced a stop sign just south of the garbage dumpsters, which requires yielding to oncoming traffic before making a left turn and prevents impediments to oncoming traffic…” Waiver Analysis: The Harbor Plaza currently has six driveways access points in addition to the proposed driveway along Banyan Tree Lane. The multiple points of access distribute the traffic throughout the property and reduce the stacking impact on any one driveway. Further, the new driveway will likely be an underutilized access point since it will be primarily used by delivery vehicles winding around the rear of the shopping center. The City has approved reductions to the stacking distance when a parking facility contains multiple points of access such as Atlantic Plaza II. Accordingly, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. RECOMMENDATION Approve the waiver to LDR Section 4.6.9(D)(3)(c)(1), which requires a 50-foot stacking distance (21.4 feet proposed) between the right-of-way and the aisleway based on positive findings with LDR Section 2.4.7(B)(5). 1 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR HARBOR PLAZA AT 1725 SOUTH FEDERAL HIGHWAY 1. This waiver request came before the City Commission on July 5, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Harbor Plaza at 1725 South Federal Highway. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.9(D)(3)(c)(1) Pursuant to LDR Section 4.6.9(D)(3)(c)(1), for parking lots that have 51 or more spaces the minimum stacking distance between the right-of-way and the first parking space or aisleway must be 50 feet. The stacking distance requirement prevents traffic from backing up into public street system. The applicant is asking for a waiver to allow a stacking distance of 21.4 feet for the new driveway along Banyan Tree Lane. Harbor Plaza currently has six additional driveway access points. These multiple points of access will distribute the traffic throughout the property and reduce the stacking input on any one driveway. Also, the new driveway along Banyan Tree Lane will likely be underutilized since it will primarily be used by delivery vehicles going to the rear of the shopping center. Should the waiver be granted? Yes ______ No _______ 2 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ____ denies ___ the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of July 2012, by a vote of ____in favor and ____ opposed. ________________________________ ATTEST: Nelson S. McDuffie, Mayor ________________________________ Chevelle Nubin, City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 29, 2012 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF JULY 5, 2012 APPROVAL 2012 DAVIS CUP FINALS BID ITEM BEFORE COMMISSION Commission is requested to approve a bid to the United States Tennis Association (USTA) to be the host site for the 2012 Davis Cup Finals if held in the United States. BACKGROUND Attached is a bid to the USTA for Delray Beach to be considered as the host site for the 2012 Davis Cup Finals if held in the United States. The bid addresses all items required by the USTA and we included a section “About the City” to help reviewers know more about our City. We are also including in the bid package a copy of our television DVD used for the ITC Tournament. We are requesting Commission approval of the bid and authority to submit to the USTA. A cover letter from the Mayor will be included and will include a request for early determination of a site by the USTA due to extenuating circumstances. These primarily are that the City of Delray Beach and our sponsor partners will be adopting our final fiscal year budgets by mid-September. Commission still would have the option for whatever reason to reject the bid award if we were to be selected. We are anticipating maximum out of pocket expense of no more than $100,000. This is less than what we paid for the last Davis Cup Quarter Finals that were held in our City. RECOMMENDATION Staff recommends approval of the proposed Davis Cup bid and authorization for staff to submit the bid to the United States Tennis Association. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 29, 2012 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF JULY 5, 2012 GRANT APPLICATION /TOURIST DEVELOPMENT COUNCIL:DAVIS CUP ITEM BEFORE COMMISSION Commission is requested to approve a grant application in the amount of $150,000 to the Palm Beach County Tourist Development Council (TDC) to support costs for the Davis Cup finals. BACKGROUND Attached is a complete grant application to the TDC requesting $150,000 in grant funding for the Davis Cup finals to be held in November 2012 should the City be selected as the host site. George Linley and Kris Pursell from the Palm Beach County Sports Commission have greatly assisted in preparing this application doing much research and writing and will be our sponsor in presenting this to the TDC. An estimate of 3,000 room nights is projected in the application. This is a conservative estimate based on research done on room nights achieved recently in other cities for a Davis Cup and Fed Cup matches. This is a reimbursable grant and we will have to verify room night booked after the event and is the reason our room night projection are conservative. The estimated economic impact for the event is $1,956,825 and total projected cash budget is $517,500. We anticipate that through grants and possible revenue sharing with the USTA, we can cover all but about $50,000 to $60,000 net of these costs. This amount could be less if we can obtain more sponsor revenue or more if we receive less than our grant and revenue sharing requests. The application does not include our estimate revenue sharing funds at a minimum of $100,000 from the USTA since we cannot at this time guarantee that this request will be approved. RECOMMENDATION Staff recommends approval of the grant application to TDC in the amount of $150,000 and to authorize staff to submit to the TDC. MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: June 29, 2012 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF JULY 5, 2012 AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE PALM BEACH COUNTY EDUCATION COMMISSION FOR FUNDING OF THE PURCHASE OF WIFI ANTENNAS FOR BROADBAND ACCESS ITEM BEFORE COMMISSION The item before the City Commission is an Agreement between the City and the Palm Beach County Education Commission, Inc. for the funding of broadband service (purchase of the radios and related equipment) in the NW/SW neighborhoods. BACKGROUND Attached is the proposed Agreement for the funding of the purchase of the radios and related equipment in order to provide free internet access in the NW/SW neighborhoods as part of the digital divide program. The Commission approved an agreement with the CRA at its last meeting where the CRA will be contributing this funding to the City. This Agreement provides that the City, upon the execution of this Agreement by both parties shall provide the funding for the purchase of the wifi equipment by the Palm Beach County Education Commission. Once the Agreement is executed the Education Commission shall purchase the equipment and have it delivered to the County who will then install it. It is anticipated that the installation shall take place prior to the start of the upcoming school year. RECOMMENDATION Staff recommends approval of the Agreement. MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: R. Brian Shutt, City Attorney DATE: June 26, 2012 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF JULY 5, 2012 REVISION TO PROCEDURES FOR QUASI-JUDICIAL HEARINGS ITEM BEFORE COMMISSION City of Delray Beach Procedures for Quasi-Judicial Hearings. BACKGROUND The attached "Procedures for Quasi-Judicial Hearings" is before you for approval of a change made to Paragraph 4.A., "Swearing in of Witnesses", to ensure the authority will be extended to further include the Board's Chairperson, Vice Chair, or Second Vice Chair, allowing them to swear in individuals for quasi-judicial items. RECOMMENDATION The City Attorney's Office recommends approval. City of Delray Beach Procedures for Quasi-Judicial Hearings 1. Definitions: A. Applicant -the owner of record or his or her authorized agent. B. Citizen Participants -those members of the general public, other than the City, the Applicant, or other Party to the proceeding, who attend a quasi-judicial public hearing for the purpose of being heard on a particular application. C. Ex Parte -communications, oral or written, between members serving on the board or commission and the public, other than those made on the record at the hearing. D. Party -the owner of property located within 500 feet of the property that is the subject of the application and who meets the additional requirements set forth in Section 3.B below. E. Quasi-Judicial Proceedings – proceedings where existing policies and regulations are applied to a specific property. Examples are site specific rezonings, conditional use approvals, site plan approvals, waivers and variances, plat approvals, certificates of appropriateness, historic designations, but not land use amendments or amendments to the comprehensive plan and not generally, amendments to the Land Development Regulations. F. Relevant Evidence – evidence that either strengthens or weakens the application by supporting or disapproving factual assertions related to the application. 2. General Procedures for City Commission Consent Items. A. Consent Agenda Items. Applications before the City Commission for plat approval, variances, or waivers may be placed on the consent agenda, if the Applicant signs a statement that the Applicant concurs with the Staff recommendation. B. Removal from Consent Agenda. The Applicant, the Mayor, any Commissioner, or any member of the public may request that an 2 application for approval of a plat, waiver, or variance be removed from the City Commission consent agenda. If removed, the application will be placed on the next regular City Commission meeting for a quasi-judicial hearing, or if the Applicant consents, the hearing may take place at the meeting the application was removed from the consent agenda. 3. General Processing for Hearings. A. File/Inspection. (1) Establishing the File. The Planning and Zoning Department shall establish a project file. All written communications shall be sent to the Planning and Zoning Department. The project file will be maintained in the Planning and Zoning Department. (2) Contents of the File. The project file will contain all written communications that are sent to the Planning and Zoning Department prior to the hearing. The project file will include, but not be limited to, all Staff reports, pertinent sections of the Land Development Regulations and Comprehensive Plan. The file will contain curricula vitae, drawings, documents and all other pertinent documents. (3) Index. The Planning and Zoning Department staff will provide the City Clerk or Board clerk with an index to the project file at the Hearing. (4) Supplementation of the File. The City Clerk or Board clerk will supplement the project file with all documents submitted at the hearing. (5) File for Inspection. The project file will be made available upon request for public inspection. (6) File Placed into the Record. The Planning and Zoning Staff member making the presentation shall place the project file into the record at the hearing. B. Party Status (1) Party Status -Written Requests; Timeframe. In order to obtain status as a Party, the owner of property located within 500 feet of the subject property must make a written request, meeting the requirements of 3B(2) below, which is received by the Planning and Zoning Department three or more business days prior to the hearing. (2) Contents of Request. The written request shall outline the effect of the application on the owner's property. To obtain Party status, the owner must describe the effect of the application on owner’s property that is different from the effect on the public as a whole. The City Attorney’s Office will advise as to whether sufficient facts 3 have been alleged to achieve Party status and shall notify the person requesting Party status of the City Attorney’s opinion as to the adequacy of the request. Ultimate decisions as to Party status shall be made by the City Commission or the Board. The decision to confer Party status at the hearing before the City Commission or a Board shall not be seen as a waiver of the City’s right to contest the standing of any Party in court. C. Time Limits (1) Staff Time Limits. The City Staff shall have up to 20 minutes (including the presentation of witnesses and expert witnesses) to present the City’s case. (2) Applicant Time Limits. The Applicant shall have up to 20 minutes (including the presentation of witnesses and expert witnesses) to present the Applicant’s case. (3) Party Time Limits. A Party may have up to 20 minutes (including the presentation of witnesses and expert witnesses). (4) Citizen Participants in General. Citizen participants not represented by a representative speaker shall have three (3) minutes to speak. (5) Participants with a Representative. Speakers representing a group of six (6) or more interested citizens in attendance at the meeting shall have six (6) minutes to speak, as long as those being represented identify themselves and yield their time to the representative at the meeting. (6) Representing an Organization. Speakers representing an organization that is comprised of interested citizens shall have six (6) minutes to speak. (7) Extension of Time by the Commission or Board. The Commission or the Board may, at their discretion, extend the time for presentations. 4. Conduct of the Hearing. A. Swearing in of Witnesses. All Witnesses, Parties, the Applicant, Citizen Participants and their representatives and City Staff who plan to speak at the hearing shall collectively be sworn at the beginning of the hearing by the City Clerk, the City Clerk's designee, or the Board clerk, or the Board Chairperson, Vice-Chair, or Second Vice-Chair. B. Disclosure of Ex Parte Communications. The Commission or Board shall disclose any ex parte communications and disclose whether any member physically inspected the property. To the extent possible, the Commissioner or Board member shall identify with whom the 4 communication took place, summarize the substance of the communication, and the date of the site visit, if any. The Commissioners or Board members shall give the City Clerk, his or her designee, or Board clerk, any written ex parte communications they have received that are not already included in the project file. C. Presentation of the Case. 1. The City Staff shall present its case. 2. The Applicant shall present its case. 3. Parties may present their case. 4. Citizen participants or their representatives may speak for or against the application. 5. The opportunity to cross-examination will occur after the presentation of a witness, and the manner and the conduct of cross-examination shall be as provided in these rules. 6. The City Staff, the Applicant, and Parties may have two minutes each for rebuttal. 7. The Commission or Board may ask questions at any time during the proceeding. 8. The Commission or Board will commence deliberations and render a decision. D. Basis of Decision. All decisions shall be based on the evidence presented at the hearing on the case, which shall include the agenda materials, minutes, the entire project file, testimony presented, and other evidence presented. Strict rules of evidence shall not apply, but evidence must be relevant to the issues before the Commission or the Board. 5. Cross-examination. A. Persons to be Cross-Examined. The City Staff, the Applicant, Parties, their respective witnesses and Citizen Participants are subject to crossexamination as set forth herein. B. Cross-Examination Guidelines. 1. Citizen Participants are subject to cross-examination by the Mayor or Board Chair only. In the event of an absence of the Mayor or Board Chair, the term Mayor or Board Chair shall be deemed to include the person authorized to run the meeting in their absence. If the Staff, the Applicant, or Parties desire to have the Mayor or Board Chair cross examine a Citizen Participant, they shall, whenever possible, present written cross-examination questions to the Mayor or Board Chair prior to the commencement of the crossexamination. The Mayor or Board Chair shall first ask the cross 5 examination questions submitted by Staff, then the Applicant, and finally the Parties based on who submitted a request and became a Party first. The Staff, Applicant, and any Parties’ cross-examination through the Mayor or Board Chair is limited to two (2) minutes per Citizen Participant. 2. Only the City Staff, the Applicant, or a Party may cross-examine non-Citizen Participant witnesses. 3. Cross-examination by City Staff, the Applicant, or a Party shall be limited to two (2) minutes per witness each. 4. The Commission or Board is not limited to two (2) minutes and may ask questions of anyone who testifies at any time during the proceedings. C. Relevancy. All relevant evidence shall be accepted. D. Scope. The scope of the cross-examination shall be limited to the facts alleged by the person testifying in relation to the application. E. Good Faith Questions. The cross-examination shall not be designed to merely harass, intimidate, or embarrass the person testifying. F. Power to Halt Cross Examination. The Mayor or Board Chair shall determine whether the question and evidence is relevant and the proper scope of cross-examination. In the absence of the Mayor or Board Chair, the term Mayor or Board Chair shall be deemed to include the person authorized to run the meeting in their absence. The Mayor or Board Chair may defer to the City Attorney (or Assistant City Attorney) to determine the relevancy of the question and the evidence and the proper scope of the cross-examination. The person conducting the cross-examination may be stopped from pursuing a line of questioning, if the questioning is on an issue that is not relevant, the scope of proper cross examination is exceeded, or the cross-examination is conducted in a manner that is designed to harass, intimidate, or embarrass the person being crossexamined. If a person conducting the cross-examination continues to pursue improper lines of questioning, the Mayor or Board Chair may halt the cross-examination. 6. Applicability. These rules only apply to proceedings and hearings that are quasi-judicial in nature. These rules are applicable to the City Commission and any Board that does not have specific rules for the conduct of quasi-judicial proceedings. 6 Approved and adopted by the City Commission of the City of Delray Beach, Florida, at the Annual Organizational Meeting held on ____________, 2012. ATTEST: _______________________________ Chevelle D. Nubin, MMC City Clerk Ref/S/Agenda 2012/Quasi-Judicial Rules MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 26, 2012 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF JULY 5, 2012 APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Downtown Development Authority. BACKGROUND The term for regular member Mr. David Cook will expire on July 1, 2012. Mr. Cook will have served one (1) full term, is eligible and would like to be considered for reappointment. Appointment is needed for one (1) regular member to serve a three (3) year term ending July 1, 2015. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement that at least four of the members must be owners of real estate within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. A map of the Downtown Development Authority Boundary is included for your review. Currently serving on the Downtown Development Authority and meeting ownership and tax payment qualifications are Mr. Fran Marincola, Mr. Seabron Smith, Mr. Albert Richwagen and Mrs. Nancy Stewart-Franczak. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve on the Downtown Development Authority for a three (3) year term ending July 1, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Downtown Development Authority for a three (3) year term ending July 1, 2015. DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 85 SE 4th Avenue, Suite #108 Delray Beach, FL 33483 3 year term 06/12 TERM EXPIRES REGULAR MEMBERS 07/01/2014 Appt 06/21/11 Albert Richwagen *Tax qualification 07/01/2014 Appt 07/05/11 Ryan Boylston 07/01/2015 Appt 06/19/12 Bonnie Beer *Tax qualification 07/01/2014 Appt 08/05/08 Reappt 06/21/11 Diane Franco, Secretary 07/01/2012 Unexp Appt 05/15/07 Reappt 07/07/09 David Cook, Treasurer *Tax qualification 07/01/2014 Reappt 06/21/11 Reappt 07/01/08 Unexp Appt 07/11/06 Nancy Stewart-Franczak *Tax qualification 07/01/2013 Unexp Appt 07/21/09 Reappt 07/06/10 Seabron Smith *Tax qualification DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT “A” David Beale Attorney Tax Qualification David Cook Sales/Vice President Incumbent Mark Denkler Sales-Business Owner Tax Qualification Pearl Markfield Elrod Realtor (also applying for the Delray Beach Housing Authority) Kenneth Peltzie Self-employed Harold Van Arnem Principal/Developer MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 26, 2012 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF JULY 5, 2012 APPOINTMENT TO THE CIVIL SERVICE BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Civil Service Board. BACKGROUND The term for regular member Ms. Carol Anderson will expire on July 1, 2012. Ms. Anderson will have served one (1) full term and would not like to be considered for reappointment. Secondly, there is a vacancy for an alternate member due to Ms. Carol Clark being appointed for regular membership. One (1) appointment will be made because there is only one (1) applicant at this time. The term is for two (2) years ending July 1, 2014. According to the Civil Service Act, there are to be five (5) regular members on the Civil Service Board; three (3) of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise and appointed by the City Commission. Eligible City employees elect two (2) regular members. In addition, there are two (2) alternate members. The appointee need not be a resident, property owner or business owner within the City. The following individual has submitted an application and would like to be considered for appointment: Name Background Keith Sonderling Attorney A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) one (1) regular member to serve a two (2) year term ending July 1, 2014. RECOMMENDATION Recommend appointment of one (1) regular member to serve a two (2) year term ending July 1, 2014. CIVIL SERVICE BOARD 06/12 TERM EXPIRES REGULAR MEMBERS CURRENT OCCUPATION 07/01/2012 Appt 07/06/10 Carol Anderson Educator 07/01/2014 Appt 07/06/10 alt Appt 06/19/12 reg Carol Clark Retired/Accounting Clerk 04/01/2013 Appt 04/05/11 Larry Zalkin Financial Advisory 04/25/2013 Elected 04/27/05 Re-elected 04/26/06 Re-elected 04/26/07 Re-elected 04/30/08 Re-elected 04/30/09 Re-elected 04/29/10 Re-elected 04/28/11 Re-elected 04/25/12 Jennifer Reynolds, Chairperson Network Engineer 04/25/13 Elected 04/25/12 Chassler Holm Utility Maintenance Supervisor ALTERNATES 07/01/2012 Vacant 04/25/2013 Elected 04/25/12 Michael Vinci Planner MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 26, 2012 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF JULY 5, 2012 APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Neighborhood Advisory Council. BACKGROUND The terms for regular members, Ms. Margherita Downey (At Large Representative) and Ms. Isabel Make (Zone 4), will expire on July 31, 2012. Ms. Downey will have served one (1) full term and would not like to be considered for reappointment. Ms. Make will have served an unexpired term and would not like to be considered for reappointment. Secondly, there are vacancies for two (2) student members. However, there are no student applicants at this time. Appointments are needed for two (2) regular members to serve three (3) year terms ending July 31, 2015. The Neighborhood Advisory Council was established for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. A map of the appointment zones is included for your review. The following individuals have submitted applications for consideration: (See Exhibit “A” Attached) Based on the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3) for two (2) regular members to serve three (3) year terms ending July 31, 2015. RECOMMENDATION Recommend appointment of two (2) regular members to serve three (3) year terms ending July 31, 2015. 06/12 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME 07/31/13 Unexp Appt 11/16/10 Zone 1 Susan Sims 07/31/14 Appt 09/06/11 Zone 2 Stephen Lampel 07/31/13 Unexp Appt 10/17/06 Reappt 10/16/07 Reappt 10/19/10 Zone 3 Linda Laurence Leib 07/31/13 Appt 10/19/10 Zone 4 Suzanne Donohue 07/31/14 Unexp 03/03/08 Reappt 10/07/08 Reappt 07/19/11 Zone 5 Gail-Lee McDermott 07/31/14 Unexp Appt 02/20/07 Reappt 10/07/08 Reappt 07/19/11 Zone 6 Linda Prior 07/31/14 Unexp Appt 06/05/12 Zone 1 Mark Behar 07/31/14 Unexp Appt 04/03/12 Zone 2 Colson Zulmar 07/31/15 Appt 06/19/12 unexp + 3 yrs Zone 3 Wendy Smith 07/31/12 Unexp Appt 10/20/09 Zone 4 Isabel Make 07/31/15 Appt 06/19/12 unexp + 3 yrs Zone 5 Dorothy Payne 07/31/15 Appt 06/05/12 unexp + 3 yrs Zone 6 Adam Reback 07/31/14 Uenxp Appt 02/03/09 Reappt 07/19/11 At Large Representative William Milner, 2nd Vice Chair 07/31/14 Appt 08/02/11 At Large Representative Lee Cohen 07/31/12 Appt 10/06/09 At Large Representative Margherita Downey 07/31/12 Student Vacant 07/31/12 Student Vacant Board 12/Neighborhood Advisory Council NEIGHBORHOOD ADVISORY COUNCIL EXHIBIT A Applicant Subdivision Zone 4 Kristen Albanese N/A Bonnie Altenhein Del Ida Park Cory Cassidy (currently serving on the Kids & Cops Committee) Las Palmas Barbara Chester Lake Eden At Large Representative Kristen Albanese N/A Bonnie Altenhein Del Ida Park Mark Behar Lees Crossing Cory Cassidy (currently serving on the Kids & Cops Committee) Las Palmas Barbara Chester Lake Eden Wyana Claxton Tropic Bay Brenda Cullinan (currently serving on the Board of Adjustment) Tropic Bay Shirl Fields N/A Dennis Guy Tropic Isles Sheri Hack Highland Grove Estates Pearl Markfield Elrod N/A Mary Minieka (currently serving on the Public Art Advisory Board)Linton Lakes Nancy Richards Tropic Isle Maureen Smith Tropic Isle Patricia Westall Seaspray MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 26, 2012 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF JULY 5, 2012 APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Green Implementation Advancement Board. BACKGROUND The terms for regular members Ms. Ana DeMelo, Mr. Jeffrey Conley, Ms. Jayne King and Mr. Michael Marcus will expire on July 31, 2012. Ms. DeMelo and Ms. King will have served two (2) full terms and are not eligible for reappointment. Mr. Conley and Mr. Marcus will have served unexpired terms, are eligible and would like to be considered for reappointment. Please note that Ms. Grossman is an alternate member and would like to be considered for regular membership. Secondly, there is a vacancy for one (1) alternate member. Appointments are needed for (4) regular members to serve two (2) year terms ending July 31, 2014, and one (1) alternate member to serve an unexpired term ending July 31, 2013. On June 2, 2009, the Delray Beach City Commission adopted Resolution No. 24-09 establishing the Green Task Force for the purpose of making recommendations to the City Commission regarding ways to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizations to practice environmental conservation including recycling; proposed means to enhance water and energy conservation; ideas for promotion of tree planting and xeriscaping; best practices to be considered for implementation in Delray Beach, including long-term strategies; and proposed revisions to City ordinances to address Green technologies. The Commission later amended the number of board members and changed the board's name to the Green Implementation Advancement Board. The Green Implementation Advancement Board shall consist of seven (7) regular members and two (2) alternate members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit “A” Attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5) for four (4) regular members to serve two (2) year terms ending July 31, 2014. Commissioner Carney (Seat #1) will make the appointment for one (1) alternate member to serve an unexpired term ending July 31, 2013. RECOMMENDATION Recommend appointment of four (4) regular members to serve two (2) year terms ending July 31, 2014, and one (1) alternate member to serve an unexpired term ending July 31, 2013. 05/12 GREEN IMPLEMENTATION ADVANCEMENT BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2012 Appt 08/04/09 Reappt 07/20/10 Ana DeMelo, Vice Chair Project Manager/Civil Engineering 07/31/2013 Appt 08/04/09 Reappt 06/21/11 David Hawke Architect 07/31/2012 Unexp Appt 12/06/11 Jeff Conley Architecture/Engineering-Principal 07/31/2012 Appt 08/04/09 Reappt 07/20/10 Jayne King, Chair Master Gardener/Educator 07/31/2013 Unexp Appt 04/05/11 reg Unexp Alt 03/02/10 Reappt 06/21/11 Stephanie “Chloe” Bedenbaugh Human Resources 07/31/2012 Unexp Appt 06/21/11 Michael Marcus Recycling-Managing Partner 07/31/2013 Unexp Appt 04/21/11 Reappt 07/05/11 Jeff Benavides Sustainability Project Manager ALTERNATE MEMBERS 07/31/2013 Unexp 05/15/12 Pamela Grossman Gardener/Recruiter 07/31/2013 Unexp Appt Vacant S/City Clerk/Board 12/Green Implementation Advancement Board CITY REPRESENTATIVE: Richard Reade 243-7009 GREEN IMPLEMENTATION ADVANCEMENT BOARD EXHIBIT A Isabelle Alarie Landscape Architect/Principal (currently serving on the Board of Adjustment) Jeffrey Conley Architecture/Engineering-Principal Incumbent Pamela Grossman Gardener/Recruiter Incumbent Michael Marcus Recycling/Managing Partner Incumbent Nancy Schneider Project Manager/Flight Attendant MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 26, 2012 SUBJECT: AGENDA ITEM 9.J. -REGULAR COMMISSION MEETING OF JULY 5, 2012 APPOINTMENTS TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Financial Review Board. BACKGROUND The terms for regular members Mr. Brian Anderson, Mr. Brian Wood and Ms. Luise Piane will expire on July 31, 2012. Mr. Anderson and Mr. Wood will have served unexpired terms, are eligible and would like to be considered for reappointment. Ms. Piane will have served one (1) full term, is eligible and would like to be considered for reappointment. Appointments are needed for three (3) regular members to serve two (2) year terms ending July 31, 2014. On October 6, 2009, the Delray Beach City Commission adopted Resolution No. 55-09 establishing the Budget Review Committee to review the City’s budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City’s budget and overall financial condition. The Commission later adopted Resolution No. 58-09 which renamed the committee as the Financial Review Board with the expanded responsibilities of analysis of revenues and expenses and business practices and processes. Resolution No. 05-11 provided further amendments to clarify that the Board’s duties shall fall under the direction of the City Manager or the City Commission and to restrict the membership of the Board. The Financial Review Board shall consist of nine (9) members. Five (5) seats on the Board must be filled with a certified public accountant, accounting professional, finance professional, certified financial planner, investment advisor, insurance professional (property/casualty or health), business owner/manager/officer and someone with an MBA or MPA degree. The remaining four (4) members may be at large. The following individuals have submitted applications and would like to be considered for appointment: Applicants with experience in the professions required: Jeremy Office Associate Director/Wealth Management Advisor MBA Luise Piane Executive Management/Retired Incumbent Brian Wood Director/Senior Manager/Finance Incumbent Applicants interested in being an at-large member: Brian Anderson Director of Communications Incumbent A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointments will be made Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1) and Commissioner Jacquet (Seat #2) for three (3) regular members to serve two (2) year terms ending July 31, 2014. RECOMMENDATION Recommend appointment of three (3) regular members to serve two (2) year terms ending July 31, 2014. FINANCIAL REVIEW BOARD 06/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/12 Unexp Appt 03/20/12 Brian Anderson Director of Communications 07/31/14 Unexp Appt 06/05/12 + 2 Yrs RosaTorres-Tumazos Business Strategy Consultant 07/31/13 Unexp Appt 04/05/11 Reappt 06/21/11 John Hallahan, Chair Assistant Director of Operations/Retired P.E. MBA 07/31/12 Unexp Appt 01/17/12 Brian Wood Director/Senior Manager-Finance 07/31/13 Appt 11/03/09 Reappt 6/21/11 Christina Morrison, Chair Realtor 07/31/13 Unexp Appt 06/05/12 Alan Weitz Banking 07/31/12 Appt 07/20/10 Luise Piane Executive Management ALTERNATES 07/31/13 Unexp Appt 01/03/12 Warren Trilling Business Development Manager CPA 07/31/13 Unexp Appt 06/19/12 Patricia Maguire Public Relations/Editor Contact: Barbara Flynn X-7115 S/City Clerk/Board 12/Financial Review Board MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: June 29, 2012 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF JULY 5, 2012 ORDINANCE NO. 16-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an amendment to Chapter 33 “Police and Fire-Rescue Departments”, subtitle "Pensions", Section 33.60, “Definitions”, Section 33.61, “Membership Conditions of Eligibility; Application”; Section 33.62, “Benefit Amounts and Eligibility”; Section 33.63, “Optional Forms of Benefits”; Section 33.64, “Contributions”; Section 33.65, “Administration”; Section 33.66, “Finances and Fund Management”; Section 33.689, “Retirement Benefit Enhancement”; Section 33.70, “Direct Transfers of Eligible Rollover Distributions”; and creating Section 33.73, “Termination of the System”, to implement and comply with Chapter 2009-97, Laws of Florida; Chapter 2011-216; and the Internal Revenue Code; and to comply with a court decision. BACKGROUND The item before the City Commission is Ordinance No. 16-12 which provides for modifications to the Police/Fire Pension Ordinance. This item was first heard by the Commission on June 5, 2012 and was passed on first reading. On June 19, 2012 this item came before the Commission again for second reading and was postponed to the July 5, 2012 meeting. During the public hearing portion of the June 19th meeting Capt. Liguori, from the Fire Department, who is also Chair of the Police and Fire Pension Board, raised a couple of questions regarding the wording of the ordinance. The issues raised by Capt. Liguori were the inclusion of the word “fiscal” or “calendar” to define the year under the definition of “Earnings” and our ability to limit the fire and police chief’s replacements to senior management. I have conferred with Jim Linn, the City’s pension attorney, regarding the issues raised by Capt. Liguori, see attached memo from Mr. Linn. The memo provides that we included the word “fiscal” in the definition to provide for a proper application of the benefit. Mr. Linn also provides that the limiting of the substitute person for the fire or police chief to a senior management position does not violate the provisions of Chapters 175 and 185. RECOMMENDATION Recommend approval of Ordinance No. 16-12 on second and final reading. ORDINANCE NO. 16-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33 "POLICE AND FIRE-RESCUE DEPARTMENTS", SECTION 33.60, "DEFINITIONS" ; SECTION 33.61, "MEMBERSHIP CONDITIONS OF ELIGIBILITY; APPLICATION"; SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY"; SECTION 33.63, "OPTIONAL FORMS OF BENEFITS"; SECTION 33.64, "CONTRIBUTIONS"; SECTION 33.65, "ADMINISTRATION"; SECTION 33.66, "FINANCES AND FUND MANAGEMENT"; SECTION 33.689, "RETIREMENT BENEFIT ENHANCEMENT"; SECTION 33.70, “DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS”; AND CREATING SECTION 33.73, "TERMINATION OF THE SYSTEM", TO IMPLEMENT AND COMPLY WITH CHAPTER 2009-97, LAWS OF FLORIDA; CHAPTER 2011-216; AND THE INTERNAL REVENUE CODE; AND TO COMPLY WITH A COURT DECISION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to amend the City Police And Firefighters Retirement System as set forth in Chapter 33 of the City Code to implement certain provisions of Chapter 2009-97, Laws of Florida; Chapter 2011-216, Laws of Florida; the Internal Revenue Code; and the decision of the court in State of Florida Dept. Mgt. Svs. v. City of Delray Beach, Florida, 40 So. 3d 835 (Fla. 1st DCA 2010). BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.60 “Definitions”, of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.60. -DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 2 Ord No. 16-12 Average monthly earnings. One thirty-sixth of the arithmetical average for the highest consecutive thirty-six-month period preceding the actual retirement or termination of a member; provided, however, the benefit derived shall not be less than the benefit that would have been paid based on a definition of average monthly earnings of one twenty-fourth of the arithmetical average for the highest consecutive twenty-four-month period, as calculated prior to the effective date of Ordinance No. 17-04. In addi t ion to other appl icable l imi tat ions set forth in the plan, and notwithstanding any other provisions of the plan to the contrary, for the plan years beginning on or after January 1, 1996, the annual compensation of each Member taken into account under the plan shall not exceed the annual compensation limit of Section 401(a)(17)(B) of the Internal Revenue Code, as amended for cost of living increases, which is incorporated herein by reference. Earnings. Prior to October 1, 2006, earnings shall mean base Basic wages paid to a member, including state education compensation, police basic education and police and fire career education compensation, but excluding overtime, bonuses and any other payments. Effective October 1, 2006, earnings for firefighter members shall mean base wages paid to the member including state education compensation and fire career education compensation, but excluding overtime, bonuses and any other payments. Effective October 1, 2006, earnings for police officer members, shall mean base wages paid to the member including state education compensation, police basic education, police career education compensation and up to twenty-five (25) hours of overtime compensation per fiscal year, but excluding bonuses and any other payments. Section 2. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.61, “Membership, Conditions of Eligibility; Application”, of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.61-MEMBERSHIP; CONDITIONS OF ELIGIBILITY; APPLICATION. (A) Conditions of eligibility. (1) Employees, as defined in Section 33.60, who are covered under the retirement program provided under F.S. Chapters 175 and 185, as of the effective date, shall become members of this system. 3 Ord No. 16-12 (2) Any employee who is a member of the City's retirement plan for general employees at the time of adoption of this retirement system may become a member of this system provided he elects to transfer his employee contribution account from the retirement plan for general employees to this system, which he is authorized to do by this subchapter, and provided he also deposits to the Trust Fund, on the basis of procedures established by the Board of Trustees, an amount equal to the additional moneys he would have contributed had he always been covered under F.S. Chapters 175 and 185, plus interest in an amount to be determined by the Board. (3) Any other employee shall, as a condition of employment, become a member upon employment, provided that: (a) The employee satisfactorily completes all required medical examinations for an employee of his classification, including any examination prescribed by the Board; and (b) The employee meets all requirements of the Civil Service Board of the City. However, for purposes of disability benefits hereunder, the Board may declare anyone becoming a member under subsection (A)(3) of this Section to be permanently ineligible, but only at the time of initial membership, and only in the event that any medical examination under subsection (A)(3)(a) of this Section reveals a condition or symptom which has previously been determined by the Board to render members not eligible for disability. A determination by the Board as to disqualifying conditions and symptoms must be reflected in prior Board minutes, and a declaration of a member's ineligibility must be recorded in the Board's minutes and noted on the member's application form. (B) Application. Each eligible employee shall complete an application form covering the following points, as well as any other points or items as may be prescribed by the Board. (1) The employee's acceptance of the terms and conditions of the retirement system, including an initialing of any declaration of ineligibility for disability benefits; (2) The employee's designation of a beneficiary; and (3) Authorization of a seven and thirty three hundredths (7.33) percent payroll 4 Ord No. 16-12 deduction payable to the system, effective October 1, 1989 in the amount provided for in Section 33.64 (A). (C) Change in Designation of Beneficiary. (1) A member, including a member who has elected to participate in the Deferred Retirement Option Plan pursuant to Section 33.685, shall designate the joint pensioner annuitant or beneficiary to receive the benefit, if any, payable under the plan in the event of the member's death, on a form provided by the Board of Trustees. (2) The member may revoke or change the designation of a joint pensioner annuitant or beneficiary at any time prior to the commencement of retirement income or benefits, or prior to the member's entry into the Deferred Retirement Option Plan, by submitting such change in writing on a form provided by the Board of Trustees. (3) A retired member, including a retired member who retired prior to the effective date of this ordinance [December 31, 1999], is a participant in the Deferred Retirement Option Plan may also change the designation of the member's a joint pensioner annuitant or beneficiary after the commencement of retirement income or benefits up to two times without the approval of the Board of Trustees. Any additional changes must be approved by the Board of Trustees. A retiree need not provide proof of the good health of the joint annuitant or beneficiary being removed, and the joint annuitant or beneficiary being removed need not be living. The consent of the retiree's joint annuitant or beneficiary to any change in such designation shall not be required. subject to approval by the Board of Trustees, and in accordance with the following: (1) The member must pay the full cost of determining the equivalent actuarial value of the benefit payable. (2) The consent of a member’s joint pensioner or beneficiary to any such change in such designation shall not be required. (3) The amount of retirement income payable to the member upon the designation of a new joint pensioner annuitant shall be actuarially redetermined, taking into account the benefits already received by the member, and the age and sex of the former joint pensioner, annuitant the new joint pensioner annuitant and the member. (4) Each designation of a joint pensioner annuitant or beneficiary shall be made in writing on a form provided by the Board of Trustees. (5) Upon a change in designation of joint pensioner annuitant or beneficiary, the rights of all previously designated joint pensioner annuitants or beneficiaries to receive any benefit under the system shall cease. 5 Ord No. 16-12 Section 3. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.62, “Benefit Amounts and Eligibility”, of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: * * * * (J) Required Payment of Pension Benefits. Pension benefits shall begin no later than April 1 of the calendar year following the calendar year in which the member retires, or in which the member attains age seventy and one-half (70 1/2), even if the member has not filed a claim for pension benefits. In addition, payment of benefits shall be made in accordance with the applicable provisions of Section 401(a)(9) of the Internal Revenue Code, which is incorporated herein by reference. Notwithstanding any other provision of this plan to the contrary, a form of retirement income payable from this plan, shall satisfy the following conditions: (1) If the retirement income is payable before the member's death: a. It shall either be distributed or commence to the member not later than April 1 of the calendar year following the later of the calendar year in which the member attains age 70 1/2, or the calendar year in which the member retires; b. The distribution shall commence not later than the calendar year defined above; and (i) shall be paid over the life of the member or over the lifetimes of the member and spouse, issue or dependent, or (ii) shall be paid over the period extending not beyond the life expectancy of the member and spouse, issue or dependent. Where a form of retirement income payment has commenced in accordance with the preceding paragraphs and the member dies before his entire interest in the plan has been distributed, the remaining portion of such interest in the plan shall be distributed no less rapidly than under the form of distribution in effect at the time of the member's death. (2) If the member's death occurs before the distribution of his interest in the plan has commenced, member's entire interest in the plan shall be distributed within five years of member's death, unless it is to be distributed in accordance with the following rules: a. The member's remaining interest in the plan is payable to his spouse, issue or dependent; 6 Ord No. 16-12 b. The remaining interest is to be distributed over the life of the spouse, issue or dependent or over a period not extending beyond the life expectancy of the spouse, issue or dependent; and c. Such distribution begins within one year of the member's death unless the member's spouse, is the sole designated beneficiary, in which case the distribution need not begin before the date on which the member would have attained age 70 1/2 and if the member's spouse dies before the distribution to the spouse begins, this section shall be applied as if the spouse were the member. Section 4. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.63, “Optional Forms of Benefits”, of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.63. OPTIONAL FORMS OF BENEFITS. Each member entitled to a normal, early or disability retirement benefit shall have the right at any time prior to his actual retirement to elect to have his benefit payable under any one of the options hereinafter set forth in lieu of the benefits otherwise provided herein, and to revoke any elections and make a new election at any time prior to actual retirement. The value of optional benefits shall be actuarially equivalent to the value of benefits otherwise payable. The member shall make an election by written request to the Board of Trustees, this request being retained in the Board's files. (A) Option 1. Joint and Last Survivor Option. A retiring member may elect to receive an actuarially adjusted retirement benefit during his lifetime and have such retirement benefit (including seventy-five (75) percent, sixty-six and sixty-six one hundredths (66.66) percent or fifty (50) percent thereof) continued after his death to and during the lifetime of a designated joint annuitant pensioner. The election of Option 1 shall be null and void if the designated joint annuitant pensioner dies before the member's retirement, unless the member designates another joint annuitant pensioner in accordance with Subsection 33.61(C). In addition, the member may elect to add a "pop-up" feature to his joint and survivor option, then, upon the death of his joint annuitant pensioner, the amount of his monthly payment will be increased to the amount of a straight life annuity and such amount will be payable as of the first day of each month after the death of his joint annuitant pensioner for the remainder of his lifetime. A member electing to add the pop-up feature to his joint and survivor option will have his monthly benefit under this Option 1 actuarially reduced to take into account the addition of the pop-up feature. 7 Ord No. 16-12 Section 5. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.64, “Contributions”, of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.64. CONTRIBUTIONS. (A) Member Contributions. (2) Effective October 1, 1989, the City shall pick up the member contribution required by subsection (A)(1) above. The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code. The City shall pick up the member contributions from funds established and available in the salaries account, which funds would have otherwise been designated as member contributions and paid to the pension fund. Member contributions picked up by the City pursuant to this subdivision shall be treated for purposes of making a refund of member contributions, and for all other purposes of this and other laws, in the same manner and to the same extent as member contributions made prior to the effective date of this subdivision. The intent of this subdivision is to comply with Section 414(h)(2) of the Internal Revenue Code. No employee shall have the option of choosing to receive the contributed amounts directly instead of having them paid by the City to the System. Section 6. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.65, “Administration” of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.65. ADMINISTRATION. (A) The general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this subchapter are vested in a Board of Trustees consisting of nine (9) persons as follows: (1) The Mayor; or upon the Mayor's designation, the Assistant City Manager; (2) Two (2) public members, one of whom may be a City Commissioner, to be appointed by the City Commission as hereinafter provided; (3) The Fire Chief or, in the event of the Fire Chief’s termination of participation in the system, a firefighter (with a minimum rank of Chief Officer) designated by the Fire Chief; 8 Ord No. 16-12 (4) The Police Chief or, in the event of the Police Chief’s termination of participation in the system, a police officer (with a minimum rank of Captain) designated by the Police Chief; (5) Two (2) members of the Fire Department to be elected as hereinafter provided; (6) Two (2) members of the Police Department to be elected as hereinafter provided. (B) The term of office of each appointed and elected trustee shall be two (2) years except that the initial terms within each category above shall be for two (2) and three (3) years. The initial terms shall commence on the effective date of this system. Initially in each elective category, the trustee receiving the most votes shall serve a three-year term, the second most votes a two-year term. Section 7. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.66, “Finances and Fund Management” of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.66. FINANCES AND FUND MANAGEMENT. (E) The Board of Trustees shall have the following investment powers and authority: (3) Notwithstanding any limitation provided in Chapter 175 or Chapter 185, Florida Statutes, or any limitation or condition contained in Section 215.47, Florida Statutes, the Board of Trustees may invest and reinvest pension fund assets in such securities, investment vehicles and property wherever situated and of whatever kind, as the Board shall approve in the exercise of its fiduciary duty and authority, including but not limited to common or preferred stocks, bonds and other evidences of indebtedness or ownership. In no event, however, shall more than ten (10) percent of the assets of the fund, at cost, be invested in foreign securities; provided, if state law is amended to allow investments in foreign securities of fifteen (15) or more percent of fund assets, t The Board may invest up to twenty-five (25) fifteen (15) percent of fund assets, at cost on a market-value basis in foreign securities. 9 Ord No. 16-12 Section 8. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.689, “Retirement Benefit Enhancement” of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.689. -RETIREMENT BENEFIT ENHANCEMENT. (A.) Effective October 1, 1994, the benefits paid to eligible retirees or their beneficiaries shall be adjusted as provided in this Section. For the purpose of this Section, "eligible retirees" are members who retired or terminated employment after September 30, 1993, and whose date of hire as a City Police Officer or Firefighter was twenty-five (25) or more years prior to the benefit adjustment date. The benefits payable under the system to all eligible retirees or their beneficiaries shall be based on the amount of insurance premium tax revenues received by the City for the preceding plan year pursuant to chapters 175 and 185, Florida Statutes. A minimum benefit increase of one percent per year will be provided, regardless of the amount of premium tax revenues received by the City. (B.) Firefighter retirees. To the extent total annual premium tax revenues received pursuant to Chapter 175, Florida Statutes, exceed one hundred ninety seven thousand nine hundred ninety-five dollars ($197,995.00) five hundred four thousand nine hundred twenty two dollars ($504,922.00), the annual one percent minimum adjustment for firefighter retirees will be increased in increments of one-tenth of one percent, based on the actuary's determination that the amount of the excess premium tax revenues is sufficient to fund the benefit increase on an actuarially sound basis. The maximum amount of the total annual benefit increase shall not exceed four (4) percent, regardless of the amount of premium tax revenues received by the City. The annual benefit adjustment provided under this Section shall be compounded annually (i.e. the increase shall be based on the benefits received by plan members and beneficiaries at the end of the preceding plan year). The benefits payable under the system to all eligible retirees or their beneficiaries shall be adjusted annually on the anniversary of the retiree’s first benefit payment. Disability retirees and their beneficiaries are not eligible to receive the retirement benefit enhancement. (C.) Police officer retirees. To the extent annual premium tax revenues received pursuant to Chapter 185, Florida Statutes, exceed three hundred six thousand nine hundred twenty-seven dollars ($306,927.00) and are less than four hundred forty-six thousand four hundred and seven dollars ($446,407.00), the annual one percent minimum adjustment for police officer retirees will be increased in increments of one-tenth of one percent, based on the actuary's determination that the amount of such premium tax revenues is sufficient to fund the benefit increase on an actuarially sound basis. The maximum amount of the total annual benefit increase shall not exceed four (4) percent, regardless of the amount of premium tax revenues received by the City. Annual premium tax revenues received pursuant to Chapter 185, Florida Statutes, in excess of four hundred fortysix thousand four hundred and seven dollars ($446,407.00) shall be used to provide for the inclusion of overtime compensation, up to a maximum of three hundred hours per year, that the actuary for the plan determines may be funded on an actuarially sound basis entirely 10 Ord No. 16-12 with annual Chapter 185 premium tax revenues in excess of four hundred forty-six thousand four hundred and seven dollars ($446,407.00). When the actuary for the plan determines that adequate premium tax revenues received pursuant to Chapter 185 in excess of four hundred forty-six thousand four hundred and seven dollars ($446,407.00) annually have been allocated to fully fund on an actuarially sound basis the inclusion of three hundred hours of overtime compensation annually in the earnings of active police officers who are not participating in the Deferred Retirement Option Plan, then all future additional premium tax revenues shall be used to provide the annual benefit adjustment for police officer retirees. (D) The annual benefit adjustment provided under this Section shall be compounded annually (i.e. the increase shall be based on the benefits received by plan members and beneficiaries at the end of the preceding plan year). The benefits payable under the system to all eligible retirees or their beneficiaries shall be adjusted annually on the anniversary of the retiree's first benefit payment. Disability retirees and their beneficiaries are not eligible to receive the retirement benefit enhancement. Section 9. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.70, “Direct Transfers of Eligible Rollover Distributions” of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.70. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS. (B) Definitions. (1) Eligible Rollover Distribution. Any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period often (10) years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includable in gross income. (2) Eligible Retirement Plan. An eligible retirement plan is an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code, an annuity plan described in Section 403 (a) of the Internal Revenue Code, a qualified trust described in Section 401 (a) of the Internal Revenue Code, an eligible deferred compensation plan described in Section 457(b) of the Internal Revenue Code which is 11 Ord No. 16-12 maintained by an eligible employer described in Section 457(e)(1)(A) of the Internal Revenue Code, or an annuity contract described in Section 403 (b) of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution. (3) Distribute. A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse is a distributee with regard to the interest of the spouse. Effective as of January 1, 2008, an Employee's or former Employee's non-spouse Beneficiary is a distributee with regard to the interest of the Employee or former Employee. (4) Direct Rollover. A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. Effective as of January 1, 2008, a non-spouse Beneficiary may make a direct rollover only to an "inherited" individual retirement account as described in Section 408(b) of the Internal Revenue Code. Section 10. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.73, “Termination of the System” of the Code of Ordinances of the City of Delray Beach is hereby enacted to read as follows: Sec. 33.73. TERMINATION OF THE SYSTEM. If it is determined by the City Commission that this Retirement System be terminated it shall be terminated in accordance with State law as set forth in Chapters 175 and 185, as those Chapters now exist and as they may be amended in the future. Section 11. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 13. That this ordinance shall become effective immediately upon passage on second and final reading. 12 Ord No. 16-12 PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2012. _________________________________ Mayor ATTEST: _______________________________ City Clerk First Reading __________________ Second Reading _________________ MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: May 29, 2012 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 ORDINANCE NO. 16-12 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 16-12 which provides for modifications to the Police/Fire Pension Ordinance. BACKGROUND The City of Delray Beach Police and Fire Pension Board requested certain changes to our City ordinance regarding the police/fire pension plan in order to implement certain provisions of state law, the Internal Revenue Code and the decision in the case of the Department of Management Services v. City of Delray Beach. The Pension Board has also proposed changes that are not required by state or federal law but would require a policy determination by the Commission. Jim Linn, the City’s pension attorney, has also reviewed the proposed ordinance, see attached memo. I have highlighted the areas where staff has a question or concern regarding the proposed language. They are: 33.60 – the highlighted words in the definition of “Earnings” was proposed by Jim Linn in an effort to clarify the language. 33.61 – It is suggested that paragraph 3(b) be removed as the Civil Service Board does not have jurisdiction over these employees. 33.65 – The pension board requested changes to allow the fire/police chief or their designees to sit on the board and to extend the terms of board members from 2 to 4 years. This request is not required by State law or the IRS. 33.73 – The pension board requested this section be added regarding the termination of the plan. Staff’s concern is that this primarily duplicates State law and that we should just provide a statement that we will follow State law as it relates to the termination of the plan. The Commission will need to give direction when approving the ordinance on first reading regarding the highlighted language. RECOMMENDATION Commission discretion. Coversheet Page 1 of 1 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=5656&MeetingID=378 6/12/2012 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 26, 2012 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF JULY 5, 2012 ORDINANCE NO. 20-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a city-initiated ordinance amending Chapter 110, “Local Business Taxes Generally”, Section 110.15, “Local Business Tax Schedule”, to provide for a 5% percent increase in all business tax fees. BACKGROUND At the first reading on June 5, 2012, the Commission passed Ordinance No. 20-12. At the June 19, 2012 Regular Meeting, Commissioner Frankel and Commissioner Jacquet were absent. Because Florida State Statute Chapter 205, "Local Business Tax", requires 4 affirmative votes from the Commission before local business tax laws can be enacted, the Commission postponed Ordinance No. 20-12. For additional information a survey of tax rates and revenues from other cities is attached. The specific classifications listed for cities are shown only as examples and are far from all inclusive. RECOMMENDATION Recommend approval of Ordinance No. 20-12 on second and final reading. ORDINANCE NO. 20-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, “LOCAL BUSINESS TAXES GENERALLY”, OF THE CODE OF ORDINANCES BY AMENDING SECTION 110.15, “LOCAL BUSINESS TAX SCHEDULE”, TO ELIMINATE OUTDATED BUSINESS CLASSIFICATIONS AND TO PROVIDE FOR AN INCREASE IN THE LOCAL BUSINESS TAX SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 110.15 “Local Business Tax Schedule”, of the Code of Ordinances of the City of Delray Beach establishes the individual business tax required to be paid annually to the City by persons engaging in or managing/transacting an occupation or profession; and WHEREAS, pursuant to Chapter 205, Florida Statutes, the City Commission has determined it to be appropriate to increase said local business tax. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 110, “Local Business Taxes Generally”, of the Code of Ordinances is amended by amending Section 110.15, “Local Business Tax Schedule”, to read as follows: The following enumerated individual local business taxes shall be paid to the City by the persons engaging in or managing or transacting the several occupations or professions named yearly, unless otherwise specified: Classification All Fees $156.56 164.39 except as noted Abstracting Company Land title, warranty or security company. Each individual conducting the business of abstracting title, either in part or in whole, shall pay a license tax. Academy of Music Adult Entertainment Advertising 2 ORD. NO. 20-12 Agencies, firms, associations, corporations or other persons distributing circulars, pamphlets or other advertising matter, except local merchants and theaters advertising in this way their own goods and merchandise, shall pay an annual license tax. Advertising Agencies engaged in the business of bill posting shall pay a license tax, per year. Advertising Office, Public Relations Alleys, Bowling, Boxball or Tenpins Each lane 25.35 26.62 Ambulance Separate from undertaking, each 88.57 93.00 Amusement Parlors or Concert Halls Apartment, Rooming Houses Per room, excluding kitchen and bathrooms 6.37 6.69 Aquarium Armored Car Service Each vehicle 88.57 Art Gallery (1) Art Studio, workshop, classes (2) Artist, commercial (See Retail) (3) Artist material or supplies (See Merchants) (4) Artists' outdoor sale: Each sale, first day 37.97 Each day thereafter 12.74 Astrologists, Clairvoyants, Fortune Tellers, Palmists, Phrenologists, Spiritualists, Numerologists and Mental Healers These activities and others of a similar nature, whether or not in connection with another business charging fees, shall pay a license tax. Athletic Club, Gymnasium/Fitness Center (Zoning) Auctioneers Auctions Auction, Real Estate Per day 3 ORD. NO. 20-12 Automatic Amusement Machines, Games or Devices, Distributor Annual Fee Note: It is understood that this shall not be construed to license or permit operation or display of gambling devices. Automatic Games and Devices or otherwise, marble games, such as throwing balls at figures and the like, which are not elsewhere provided for in this Chapter. Each machine or apparatus 63.21 66.37 Automatic Trade Machines Where only incentive to operate same is to procure such as gum, nuts and the like Each machine 37.97 39.87 Distributor 149.94 157.44 Automatic Weighing Machines Distributor Each machine 12.74 13.38 Automobile or Motor Vehicles, Trucks, Farm Tractors and Farm Implements, Motorcycles (1) Auto agency or dealer, in new or used cars, motor vehicles, motorcycles, trucks, farm tractors and farm implements, with one principal place of business, not to exceed one lot for display purposes, each agency, not to include repairs. (2) Each additional display lot. (3) Rental of vehicle not to exceed thirty (30) days as replacement for vehicles undergoing repairs by agency. Automobile (1) Automatic car wash, not in connection with other business (2) Automobile association (See Insurance) (3) Driving school (4) Parking lots, commercial, each lot (5) Repair shop or garage, in connection with auto agency (6) Repair shop or garage not in connection with other business (7) Self-serve car wash, first unit 50.60 53.13 Each additional unit 12.74 (8) U-Drive rentals (9) Upholstering, tops, seat covers and the like 4 ORD. NO. 20-12 (10) Automobile used parts, dealers in, used for purposes other than junk (11) Wrecker service, towing (12) Auto detailing Automobile Service Station Washing and polishing, greasing, lubricating and like servicing of automobiles, selling gasoline and oil, but not to include repair work and not to include the sale of merchandise required to be licensed otherwise by ordinance under Merchants. Automobile Service Station Selling merchandise other than petroleum products used in greasing and lubricating, shall pay the Merchants license on other merchandise in addition to the foregoing. Baby Sitter Service 75.94 82.37 Baggage or Freight Transfer Company Bakery Wholesale and retail, each store Ballrooms for Profit Banks (National and State chartered), Savings and Loan Associations (per Section 5219 Revised Statutes 12 U.S.C. 548) Bankruptcy, Closing Out, Trustee Sale (See Fire sale) Barber Shops Beach Equipment (Subject to bids to the Commission) Beauty Shops Bible, Holy—Solicitors Bicycle Shop, both retail and repair Billiard, Pool or Bagatelle Tables For profit, eEach table 63.21 66.37 Birds Dealers Blueprinting Service Maps, plats and the like Boat Agencies, New/Used Each lot, not to include repairs 5 ORD. NO. 20-12 Boats for Hire Fishing, cruising or sightseeing (each boat) Boathouses Storage only Boat Marinas, Dockage, Yacht Basins Boat Repair Boiler, Machine Shops or Foundries Bondsman, Bail Bonds Book, Magazine Solicitors Per week 63.21 66.37 Per person 25.36 26.62 Interstate commerce No fee Bookkeeper/Accountant, not C.P.A. Boot and Shoe Repair Shop Bottling Works Brokers Stockers, [Stocks,] bonds, mortgages, customs and others Building Inspector Building and Loan Associations (See Banks) Burglar Alarm Company Bus Station, intrastate business only Business College, Trade Schools Business Office Butcher Shop Cabinet Shop Carpet and Rug Cleaning Each location Caterers Fixed base or mobile, each truck 63.21 66.37 Ceramic Studio Chemical Companies Christmas Tree Sales 6 ORD. NO. 20-12 Season only, each lot Citrus Fruits and Vegetable Retail (See Merchants) Claim and Collecting Agencies Cleaning, Pressing, Dyeing (See Laundries) Clothing Secondhand dealers Cold Drink Stand (See Merchants) Cold Storage All types Commission Merchants Handling shipments (other than specifically provided for herein) on a Commission basis Computer Service Concrete Products (See Manufacturer) Concrete Ready-Mix Plant Contractors (1) General (2) Engineering contractor (includes bridge, bulkheading, drainage, excavating, sewer construction, dredging, irrigation systems, pile driving, seawalls, sidewalk, street grading and paving and similar contract work (3) Structural and reinforced iron and steel (4) Subcontractors and others as listed: Concrete, stone, brick Electrical Heating and ventilating House movers Masons Plasterers Roofing Sheet metal and tinsmith Septic tank Tile Well drilling Floor sanding and finishing Lathers Plumbers 7 ORD. NO. 20-12 (5) Any person who shall accept orders to be engaged in the business of accepting orders or constructs on cost plus, fixed fee, stated sum, percentage basis or any combination thereof, or for compensation other than wages for doing work on or in any building or structure requiring the use of paint, stone, brick, mortar, cement, wood, structural steel or iron, sheet iron, metallic piping, tin, lead or any other building material; or to do any paving or curbing on sidewalks or streets, on public or private property, using asphalt, brick, stone, cement or wood or any combination; or to excavate for foundations or any other purpose, or to construct sewers, septic tanks, docks, drive piling, construct bridges, construct seawalls and bulkheads of any and all description; and who is engaged in the business of building, remodeling, repairing, razing or moving, whether it be by contract, fixed fee or sublet, percentage or any combination thereof, or for compensation other than wages, shall be deemed to be a contractor within the meaning of this Chapter. Convalescent Home (not sanitarium) Ch. 400, Florida Statutes, zoning, State Department of Health and Rehabilitative Services regulations Costume, Clothing Rental Credit Bureaus Dairies (milk distributors, jobbers or creameries delivering milk) Each truck 88.57 Dance Halls Dancing Schools Data Processing (See Professional) Dealers in Secondhand Firearms This license shall be exclusive of all other license taxes. All secondhand dealers shall keep a permanent record of all purchase and sales, including dates, description of property purchased or sold, names and addresses of persons purchasing or selling them. Delicatessen Dental Supplies Dental Technician Laboratory Department Stores (See Merchants) Detective Agency Each location (state certificate) Distributor Dog and Pet Grooming Sale of supplies (See Merchants) Dressmaking, Hemstitching (no stock carried) Drugs, Retail Dealer (See Merchants) Dry Cleaning (See Laundries) Electric Light and Power Companies 8 ORD. NO. 20-12 Emigrant Agents Including any agent, solicitor or recruiter engaged in the business of hiring, enticing or soliciting laborers or emigrants. Employment Agencies Engravers or Lithographers Export or Import Companies Express Companies (Intrastate only) Exterminators (State certificate) Fertilizer Manufacturers—Mixing Plant Fire Extinguisher Sales, Service Fire and Wreck Sales When not conducted by bona fide business concerns previously established and doing business in the City), of undamaged goods of that firm having damage by fire or wreck, each sale. Fish or Poultry Market Fish Peddler (See Peddlers of merchandise) Fishing Tackle (See Merchants) Fishing Tackle or Gun Repair Florists or Dealers in Flowers, each Food Lockers—Cold Storage Fruit, Vegetable Stand Fumigating (See Exterminators) Furniture and House Furnishing (See Merchants) Gas Companies (1) Distributing and selling gas through pipelines (2) Selling bottled gas (3) Gas tank wagon delivery only Gasoline and Oil Distributors Wholesale, Storage Facilities in the City Golf Courses, each Golf Driving Range, each Golf Miniature, each Guaranty or Surety Title Companies Guard, Patrol Service (See Detective Agency) Guns, Sales or Repair/Gun Range 9 ORD. NO. 20-12 Need Federal firearms dealers license Harness and Saddlery (See Merchants) Home Occupation Hospitals, Sanitarium Hotels Per room, excluding kitchens and bathrooms 6.37 6.69 Hypnotists Must meet requirements set forth in F.S. Chapter 456 Ice Cream Manufacturers Ice Cream Parlors Ice Cream Wagon or Truck, each 126.41 132.73 Ice Manufacturing or Storage Import, Export (See Export) Insecticide Manufacturers or dealers Installers, Carpets Insurance Adjusters Insurance Agency For each company represented Insurance Baggage, each company represented Insurance Casualty, life, hospitalization, industrial, burial, bonding and surety companies, each Interior Decorator Invalid and Hospital Supplies Jewelry Dealers buying and selling old gold, silver and other precious metals, or offer to buy and sell (permanent records of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling required). Jewelry Repair Jewelry Store (See Merchants) Junk Shops or Dealers License required whether or not sale or purchase or both, or solicitations are made 10 ORD. NO. 20-12 Kennels, Animal (Approved location) Key Shop, Locksmith and Associated Services (See Merchants) Knife, Scissors and Tool Sharpener Landscape Company Laundry or Dry Cleaning Plant Agent for out of town laundries Local agency, permanent office Self-service Lawn Maintenance Lawn Spraying Board of Health certificate Linen or Diaper Service Loan, Finance, Mortgage Company Lumber Dealers Lunch Stands, (Not over twenty-five (25) chairs) Machine Shops (Not automobile) Mail Order Business Maintenance (Floor, home, office, building) Manicurist, each 75.94 79.77 Manufacturer Marble and Granite Works Massage Salon Masseur, Masseuse, each 75.94 79.77 Meats (See Butcher shop) Merchandise, Secondhand (See Secondhand dealers) Merchants, Druggists and Storekeepers Messenger Service (exclusive of telegrams) Mimeograph and Letter Shop Monuments and Tombstones Motion Picture Theaters Performances of moving pictures or other forms of entertainment Movers (See Storage) 11 ORD. NO. 20-12 Moving Company Musical Devices Operator of mechanically operated (whether operated in connection with or separate from any other business) License or tag must be displayed on each machine Musical Devices (Distributor) Music Teachers Nails, Acrylic Shops (State certificate) Newspaper Publisher News Companies (Owners or managers of) Newsstands Owners or managers of, where daily and weekly newspapers or magazines, postcards and the like are sold Night Clubs Restaurants, dining rooms or other establishments, whether floor show or other form of entertainment, exclusive of orchestra, is provided for guests. Novelty Works (See Manufacturer) Nursery Shrubs, trees, plants or landscaping Nursing Home (See Convalescent home) Office Machine Repairs (See Repair shop) Oil (See Gasoline) Paint Manufacturer (See Manufacturer) Parcel Delivery Each vehicle 75.94 Pawnbrokers Peddlers of Merchandise (1) Not otherwise enumerated specifically herein, shall pay a license tax per day of, each person 25.36 26.62 (2) Peddlers who are not producers of the product they sell and who peddle from house to house the products of the farm, grove or waters, shall pay a license tax per day of, each person 25.36 26.62 (3) Peddlers, hawkers or vendors engaged in the occupation of selling products such as fruit, eggs and vegetables and farm products from wagon, push cart or other vehicle, shall pay a license tax of, each vehicle (4) Peddlers, hawkers, vendors, agents or solicitors soliciting business for out-of-town business houses or enterprises not maintaining place of business in city, providing however that this provision 12 ORD. NO. 20-12 does not apply to wholesalers dealing exclusively with retailers (5) Traveling stores, dry goods, groceries, clothing, boots and shoes Pet Shop or Grooming (See Dog and pet grooming) Pharmacies Photo Processing, Film Developing Photographers Piano tuners Picture Agents Plating with Metals Portable Toilets Postcard Stands (Only) Potato Chips (See Manufacturer) Print Shop or Publishing Private Postal Mailbox Private Schools (See Schools) Professional (1) The following practitioners are classed as professional, and each person engaged in the practice of this profession other than persons receiving only a salary or wage by a licensed practitioner in this City, is required to pay a professional local business tax: Accountants and auditors Architects Architects, landscaping Attorneys and lawyers Business consultant Chemists Chiropractors Chiropodists Data processing Dentist Draftsman Engineers, civil, consulting Interior Design Opticians Optometrists 13 ORD. NO. 20-12 Osteopathic physicians Physicians Psychiatrists Research laboratory or office, for profit Surgeons Tax consultant Veterinarians or veterinary Other professions not classified (2) For each person operating with the person licensed in the preceding clause, other than the professional employees Property Management Promoters Entertainment, sports or contests Public Hall for Hire Public Stenographer Publishing Company Books, directories and the like Radio Communications Radio Repair Shop (See Repair Shops) Railroad Companies, each Real Estate Agency or Broker Recording Studio Reducing Salon Rental Equipment (All types) Repair Shops, each Repairs from Truck or Other Vehicle Restaurants (If dancing permitted, see Night clubs) Cafes and public eating places (whether food is served in connection with or separate from other business, except dining rooms in connection with hotels) Retirement, Rest Home (See Convalescent home) Rinks (Bicycle, skating or other) Roof Trusses (Se Manufacturer) Sawmill Yard Schools 14 ORD. NO. 20-12 Secondhand Dealers (1) In goods, wares and merchandise, secondhand or otherwise, known as secondhand dealers exclusive of firearms. (See Dealers in secondhand firearms and secondhand clothing) (2) All secondhand dealers shall keep a permanent record of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling them. (3) However, the business shall be adequately housed inside a substantial store building and provided that before any person shall sell or be engaged in the business of selling goods, wares, merchandise or other personal property, the sales being advertised as bankrupt, insolvent, insurance, assignee, trustee, auction, syndicate, railroad or other wreck, wholesale, manufacturer's or closeout sale, or as goods damaged by smoke, fire, water or otherwise, the person shall file an application with the Commission, which application shall be passed on by the Commission and a license tax paid. Secretarial Service Seed Stores (Wholesale and Retail) (See Merchants) Ship Brokers Shoemaker and Repairs Shooting Gallery (See Gun Ranges) Sign Painters Commercial but not erecting Soda or Mineral Water Fountains Solicitor (See Peddlers of Merchandise) Sporting Goods (See Merchants) Stamp or Old Coin Dealer Storage Warehouse or Room Tailors/Seamstress Tanning Salon Tattoo Salon Tax Agency (See Professional) Taxidermist, or agents for In addition to other license Taxis First vehicle 126.63 132.96 Each additional vehicle 63.21 66.37 Telegraph Companies 15 ORD. NO. 20-12 Telemarketing Telephone Answering Service Telephone Solicitation (See Sections 118.40 through 118.45) Telephone Systems and Companies Intrastate business only Temporary Business Receipts (1) Business temporarily located inside enclosed shopping mall; thirty (30) days only (no extensions) 75.94 (2) Special events, no more than once annually (if under three (3) days), as approved by Commission (each license, not otherwise enumerated herein) No fee (3) Special events, no more than once annually (in excess of three (3) days), as approved by Commission (each license, not otherwise enumerated herein) 75.94 Temporary Holiday/Vendors 75.94 79.74 Termite Control Companies Theatrical Directors Who charge for services in directing local talent plays or performances, each performance Theatrical or Dramatic Groups or Companies For profit, where performance is not given in local, licensed theater, each performance Towel, Diaper, Uniform Supply Company Towing Service (See Automobile) Trade Schools Trading Stamp Companies Trailer Park Trailer, Truck Rental Travel Bureaus Tree Pruner (Must have insurance) Trucks Motor-driven, also doing freight transportation, hauling or transfer business for profit, except where other licenses are paid in conducting business, each. (Does not apply to trucks owned by the city, county or state) U-Drive-It Cars (See Automobile) Undertakers, Embalmers and Funeral Directors Uniform Supply (See Towel, diaper, uniform supply company) Upholsterer Vending Machines (See Automatic trade machines) 16 ORD. NO. 20-12 Venetian Blinds Repair, installation and associated services Vulcanizing Each place of business Watch Repair Water (Sold in bottles) (See Bottling works) Water Companies operating same Water-Softening Service Weight Clinic Weighing Machines (See Automatic trade machines) Wheelchair Rental (See Invalid) Window Cleaning Window Tinting Wood Yard Wrecker Service (See Automobile) Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2012. ____________________________________ ATTEST M A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________ MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler; Director, Community Improvement THROUGH: David Harden; City Manager DATE: May 31, 2012 SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 ORDINANCE NO. 20-12 ITEM BEFORE COMMISSION The item before the Commission is Ordinance No. 20-12, which increases the local business tax schedule across the board by 5%. BACKGROUND Pursuant to Florida Statute Chapter 205, local business taxes may be increased by up to 5% every other year. The last increase in the local business tax schedule occurred in March 2008. This ordinance modifies Section 110.15 by increasing all local business taxes by 5%. Over the next year, this increase would give the City approximately $34,000 in additional revenue. This ordinances also eliminates some outdated business tax classifications that are no longer used. RECOMMENDATION Staff recommends approval of Ordinance No. 20-12. Coversheet Page 1 of 1 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=5671&MeetingID=378 6/12/2012 1 City of Delray Beach M E M O R A N D U M TO: Lula Butler, Director Community Improvement THRU: Al Berg, Assistant Director Community Improvement FROM: Danise Cleckley, Code Enforcement Executive Assistant DATE: June 11, 2012 SUBJECT: Updated Business Tax Receipt Survey A survey was completed June, 2012, to compare the cost municipalities are charging for Business Tax Receipts (BTR). All city fees listed below vary based on the type or classification of the business. For example, when working with retail business, an additional amount is added to the fee to accommodate the size of the business in square footage. However, the City of Delray Beach continues to charge a flat rate of $156.56 and does not charge an additional fee per square footage. The municipalities listed below, (with their annual fees and revenues) are the representative sample we have reviewed and considered as we formulated our recommendation to increase the business tax fee by 5% effective upon the adoption of Ordinance No. 20-12 after public hearing on June 19th at the regular City Commission meeting. The City’s projected BTR revenue for Fiscal year 2012 is $680,000. We are on target to meet this projection. • City of Boca Raton $105.00 ( Annual Revenue $900,000) • City of Boynton Beach $40.00 (application fee)(Annual Revenue $1.4 million) Retail $97.63 + $5.15 per $1000.00 for inventory over $5,000. Restaurant $97.65 + $3.50 per seat. • City of Coral Springs $120.00 (Annual Revenue is $1.2 million per year) • City of Palm Beach Gardens $100.00 (Annual Revenue is $1.3 million per year) Residential businesses $75.00. Retail $75.00 + $6.00 per $1000.00 for inventory up to $99,999. Restaurants $94.00 -$200.00 Salon establishment $470.00. 2 • City of Riviera $120.00 (Annual Revenue not provided ) • City of Port St. Lucie $ 47.55 (Annual Revenue $1.4 million) Retail $88.20 + $6.09 per $1000.00 inventory over $5,000. Restaurants $127.63, 50 seats orless; $255.25 for > 50 seats. • City of West Palm Beach $ 86.81 (Annual Revenue not provided) • Village of Wellington $100.00 (Annual Revenues average $800,000 per year) Financial Institutions $450.00 Tattoo establishments $1,000.00. Additional Information for Item 10.D. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: June 26, 2012 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF JULY 5, 2012 RESOLUTION NO. 27-12/CONTRACT FOR SALE AND PURCHASE/212 N.W. 14TH AVENUE ITEM BEFORE COMMISSION Approve Resolution No. 27-12, authorizing the sale of a Neighborhood Stabilization Program property located at 212 NW 14th Avenue, Delray Beach, FL 33444 to Jesus Aguirre-Rueda and Maria Gomez for the purchase price of Fifty-Three Thousand, Six Hundred Dollars and 00/100 cents ($53,600.00) or appraised value. BACKGROUND The City of Delray Beach has received $1,905,005 under the Neighborhood Stabilization Program (NSP) through the Florida Department of Community Affairs by the U. S. Department of Housing (HUD) and $400,000 from the Delray Beach Community Redevelopment Agency (CRA) as a result of the Housing and Economic Recovery Act of 2008 (H.R. 3221). NSP funding is intended to be used to purchase foreclosed or abandoned homes for rehabilitation, resale or redevelopment in order to stabilize neighborhoods and stem the decline of home values. These funds are also intended to benefit Low, Moderate and Middle Income Households (LMMI). LMMI households are defined as those with incomes less than one-hundred twenty percent (120%) of Area Median Income (AMI) as determined by HUD. The City of Delray Beach desires to sell the subject property to Jesus Aguirre-Rueda and Maria Gomez for the purchase price of Fifty-Three Thousand, Six Hundred Dollars and 00/100 cents ($53,600.00) or appraised value. Said property being described as follows: LOT 3, BLOCK B, CARVER MEMORIAL PARK ADDITION TO DELRAY, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, AT PAGE 56, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA RECOMMENDATION Approve Resolution No. 27-12, authorizing the sale of a Neighborhood Stabilization Program property located at 212 NW 14th Avenue, Delray Beach, FL 33444 to Jesus Aguirre-Rueda and Maria Gomez for the purchase price of Fifty-Three Thousand, Six Hundred Dollars and 00/100 cents ($53,600.00) or appraised value. RESOLUTION NO. 27-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell property located at 212 NW 14th Avenue; and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property to be used for single family homeownership. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to sell to Jesus J. Aguirre-Rueda and Maria N. Gomez, as Buyer(s), for the purchase price of the lesser of Fifty Three Thousand Six Hundred Dollars and 00/100 cents ($53,600.00) or bank appraised value, said property being described as follows: LOT 3, BLOCK B, CARVER MEMORIAL PARK ADDITION TO DELRAY, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, AT PAGE 56, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA . Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated herein as Exhibit “A”. PASSED AND ADOPTED in regular session on the _____ day of ______________, 2012. __________________________________ ATTEST: M A Y O R ________________________________ City Clerk Exhibit A CONTRACT FOR SALE AND PURCHASE PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), of 100 N.W. 1st Avenue, Delray Beach, Florida 33444 and Jesus Aguirre-Rueda and Maria Gomez, ("Buyer"), of 119 SW 13th Avenue, Delray Beach, FL 33444, hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively “Property”) upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions (“Standard(s)”), attached hereto and riders and any addenda to this Contract for Sale and Purchase (“Contract”): I. DESCRIPTION: (a) LOT 3, BLOCK B, CARVER MEMORIAL PARK ADDITION TO DELRAY, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, AT PAGE 56, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA PCN: 12-43-46-17-36-002-0030 (b) Address: 212 NW 14th Avenue, Delray Beach, FL 33444 II. PURCHASE PRICE . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . US $53,600.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before July 30, 2012, the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before sixty (60) days from the date of the execution of this agreement, unless extended by other provisions of this Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title by Quit Claim Deed subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ½ feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. 2 VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. X. DISCLOSURES: (a) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public health unit. (b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. XI. SPECIAL CLAUSES; ADDENA: If additional terms are to be provided, they will be provided in the attached addenda. If there is an addenda, check here CITY OF DELRAY BEACH, FLORIDA Jesus Aguirre-Rueda and Maria Gomez By:____________________ _____ ______ By:_______________________ _____ _____________, Mayor Date Print Name:________________ Date ATTEST: ATTEST: ___________________________ ________________________________ City Clerk Approved as to Form: ___________________________ City Attorney 3 ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRAY BEACH, FLORIDA BUYER: Jesus Aguirre-Rueda and Maria Gomez PROPERTY ADDRESS: 212 NW 14th Avenue, Delray Beach, FL 33444 XI. SPECIAL CLAUSES; ADDENDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non-foreign status in the manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 10% of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds (or from the Seller's other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller upon receipt of a favorable ruling from the IRS. Buyer and Seller understand that the IRS requires the Buyer and the Seller to have a U.S. federal taxpayer identification number and to supply that number on the foregoing forms. A foreign individual may acquire an International Taxpayer Identification Number for this purpose. Since it may take several weeks to receive the number after application and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to apply immediately. 4 B. The Buyer shall have thirty (30) calendar days within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer’s sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to the premises to conduct such feasibility studies and determinations, including environmental assays, core drilling, surveys, soil sampling and other such testing. C. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. SELLERS’ INITIALS: BUYER’S INITIALS: 5 STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: If applicable, Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. 6 H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the warranty deed and recording corrective instruments and the warranty deed shall be paid by Buyer. J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). M. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as 7 court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. N. Failure of Performance: If Buyer fails to perform this Contract within the time specified Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. O. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. P. Conveyance: Seller shall convey the property by way of Quit Claim Deed subject to an easement for any utilities that may exist and lie on the property. Q. Other Agreements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. R. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. NOTICE OF INTENT TO SELL REAL PROPERTY NOTICE IS HEREBY GIVEN that the City of Delray Beach, Florida, announces its intention to sell the following real property described as: LOT 3, BLOCK B, CARVER MEMORIAL PARK ADDITION TO DELRAY, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, AT PAGE 56, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Resolution 27-12 of the City Commission authorizing the sale of real property incorporating the terms and conditions thereof, will be considered at a public hearing to be held at 7:00 p.m. on July 5, 2012 at City Hall, Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida. CITY OF DELRAY BEACH, FLORIDA Chevelle Nubin City Clerk Publish: Palm Beach Post June 16, 2012 June 23, 2012 MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 25, 2012 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JULY 5, 2012 ORDINANCE NO. 19-12 ITEM BEFORE COMMISSION Consideration of a privately initiated Future Land Use Map change from Medium Density Residential (MD) to Commerical Core (CC), rezoning from RM (Multiple Family Residential) to CBD (Central Business District), for a 0.157 acre property located approximately 391 feet South of West Atlantic Avenue on the east side of SW 10th Avenue (35 SW 10th Avenue). BACKGROUND The subject property is located East of 1-95, approximately 391 feet South of West Atlantic Avenue on the east side of SW 10th Avenue (35 SW 10th Avenue), is approximately 0.157 acre in size and is currently vacant. The property is zoned RM (Multiple Family Residential -Medium Density) and has a Future Land Use Designation of MD (Medium Density Residential) with a legal description of Lot 12, Block 1 of the Belair Heights Subdivision, plat book 20, page 45 of the Palm Beach County records. The Community Redevelopment Agency (CRA) owns lot 12 and all other lots directly north to Atlantic Avenue. The CRA in agreement with Prime Delray Hotel, LLC., plans to develop a hotel at the corner of West Atlantic Avenue between SW 10th Avenue and SW 9th Avenue on approximately a 2.30 acres site. The requested Future Land Use Map designation from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM (Multiple Family Residential -Medium Density) to CBD (Central Business District), for the subject property (lot 12) is to allow the property to be developed for parking as a part of the future hotel development. REVIEW BY OTHERS At its meeting of June 18, 2012, the Planning and Zoning Board held a public hearing associated with the CC (Commercial Core) Future Land Use Map amendment, and CBD (Central Business District) rezoning request. They had no concerns with the requested Future Land Use and Zoning designations. After a brief discussion, the Board recommended approval of the proposed FLUM and Rezoning on a 4-0 vote. RECOMMENDATION Approve on first reading Ordinance 19-12 for a Future Land Use Map amendment from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM (Multiple Family Residential -Medium Density) to CBD (Central Business District), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), 2.4.5(D)(5)(Rezoning Findings). ORDINANCE NO. 19-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) TO CC (COMMERCIAL CORE), PURSUANT TO THE PROVISIONS OF THE “COMMUNITY PLANNING ACT”, FLORIDA STATUTES SECTION 163.3187, FOR LAND LOCATED ON THE EAST SIDE OF SW 10TH AVENUE, 391 FEET SOUTH OF WEST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CBD (CENTRAL BUSINESS) DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan -Delray Beach, Florida"; and WHEREAS, Delray Beach Community Redevelopment Agency, is the fee simple owner of a 0.157 acre parcel of land located on the east side of SW 10th Avenue, 391 feet south of West Atlantic Avenue; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of MD (Medium Density Residential 5-12du/ac); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from MD (Medium Density Residential 5-12du/ac) to CC (Commercial Core); and WHEREAS, the property hereinafter described is shown on the “Zoning District Map of the City of Delray Beach, Florida, dated January 2012”, as being zoned RM (Medium Density Residential) District; and WHEREAS, at its meeting of June 18, 2012, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 2 ORD NO. 19-12 to 0 to recommend that the Future Land Use Map designation and zoning classification be changed for the property hereinafter described, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Future Land Use Map of the City of Delray Beach, Florida be amended to reflect the revised Future Land Use Map designation; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as CC (Commercial Core). Section 3. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act." Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of CBD (Central Business) District for the following described property: Lot 12, Block 1, Belair Heights, according to the Plat thereof as recorded in Plat Book 20, Page 45 of the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, containing 6871 square feet (0.157 acres) more or less. 3 ORD NO. 19-12 Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the Comprehensive Plan amendment is timely challenged. If timely challenged, the effective date of this Ordinance shall be the date a final order is issued by the State Land Planning or the Administration Commission, finding the adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2012. ____________________________________ ATTEST M A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________ MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: June 26, 2012 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF JULY 5, 2012 ORDINANCE NO. 21-12 ITEM BEFORE COMMISSION Approval of a privately-initiated amendment to the Land Development Regulations (LDRs) that will restrict the nonresidential development intensity on properties within a newly created Lintco Development Overlay District, located at the northwest corner of Linton Boulevard and SW 4th Avenue, to a maximum Floor Area Ratio (FAR) of 0.36. BACKGROUND Comprehensive Plan Amendment 2010-1, adopted by the City Commission on December 14, 2010, included a privately-initiated Future Land Use Map (FLUM) Amendment and associated text amendment for the subject property. The FLUM amendment changed the designation of the property from MD (Residential Medium Density 5-12 du/ac) to GC (General Commercial), and the text amendment modified the description of the General Commercial FLUM designation to limit the nonresidential development intensity on the property to a FAR of 0.36. This maximum intensity was set to ensure that traffic concurrency could be achieved on the property at its maximum development potential. The proposed LDR text amendment is required to support the changes to the Comprehensive Plan adopted with Plan Amendment 2010-1. Under the proposed text amendment, the following two changes are being made: l Article 4.5, “Overlay and Environmental Management Districts” of the Land Development Regulations is being modified to create the new overlay district on the subject property. The location of the overlay district is defined within the new Section 4.5.19, “Lintco Development Overlay District”. l Section 4.4.9, “General Commercial (GC) District”, Subsection (G), “Supplemental District Regulations” is being amended to add a new regulation restricting the Floor Area Ratio (FAR) on property within the Lintco Development Overlay District to a maximum of 0.36. REVIEW BY OTHERS The Planning and Zoning Board reviewed the item at its June 18, 2012 meeting and made a recommendation of approval on a 4-0 vote. RECOMMENDATION By motion, approve Ordinance No. 21-12 on first reading for a privately-initiated amendment to the Land Development Regulations to create Section 4.5.19, “Lintco Development Overlay District” and amend Section 4.4.9 “General Commercial (GC) District”, Subsection (G), “Supplemental District Regulations” to limit the nonresidential Floor Area Ratio (FAR) within that overlay district to a maximum of 0.36, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). ORDINANCE NO. 21-12 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 ENACTING A NEW SECTION 4.5.19, “LINTCO DEVELOPMENT OVERLAY DISTRICT”, TO CREATE A NEW OVERLAY DISTRICT; AMENDING SECTION 4.4.9, “GENERAL COMMERCIAL (GC) DISTRICT”, SUBSECTION (G), “SUPPLEMENTAL DISTRICT REGULATIONS”, TO RESTRICT THE NONRESIDENTIAL DEVELOPMENT INTENSITY WITHIN THE LINTCO DEVELOPMENT OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 18, 2012 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the goals, policies, and objectives of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.5.19, “Lintco Development Overlay District”, of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows: Section 4.5.19 Lintco Development Overlay District (A) Defined: The Lintco Development Overlay District is hereby established to include the area on the north side of Linton Boulevard, west of SW 4th Avenue as shown on the Map in Section 4.5.19 (B), below: 2 ORD. NO. 21-12 (B) Map of Overlay District Section 3. That Section 4.4.9, “General Commercial (GC) District”, Subsection (G), “Supplemental District Regulations”, of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the GC District. (1) The parking requirement for business and professional offices within that portion of the GC zoning district bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the east, S.E. 4th Street on the north and S.E. 10th Street on the south is established at one (1) space per 300 sq. ft. of net floor area. (2) North Federal Highway Overlay District: The following supplemental district regulations apply to the North Federal Highway Overlay District, as defined in Section 4.5.7. (a) In addition to the uses listed in 4.4.9(D), the following light industrial uses are allowed as conditional uses: 1. Fabrication and/or assembly of manufactured materials or parts for distribution or sale, such as sheet metal, sign shops, glass shops, electronics, 3 ORD. NO. 21-12 cabinet and furniture making. 2. The wholesaling, storage and distribution of products and materials; 3. Self service storage facilities that comply with subsection (c) below. (b) All uses listed under subsection (a) above must: 1. Operate in conjunction with a permitted service or retail use that is located on the premises; 2. Maintain a commercial facade along North Federal Highway, with the light industrial aspect of the business oriented toward Dixie Highway; 3. Operate within an enclosed building, with no outside storage; 4. Orient overhead doors away from adjacent rights-of-way, except where existing, or where the approving body determines that it is not feasible to comply; and, 5. Along the property line adjacent to Dixie Highway, provide a landscape buffer consisting of a 4’ high hedge, and trees planted 25 feet on center to form a solid tree line. (c) In addition to subsection (b) above, any self service storage facility shall comply with the following. The following regulations supersede Section 4.3.3(A). 1. Lot Area: The minimum lot area is 1.5 acres and the maximum lot area is 3 acres. 2. Facilities and Requirements: a. Outdoor bay type access to individual self-storage units that face a street is prohibited. The exterior loading access points shall be designed in such a way to minimize sight lines from adjacent roads. b. No building shall exceed forty-eight feet (48’) in height. c. Parking shall be provided at the rates set forth in Section 4.6.9 for the permitted service, office and retail uses and for self-storage uses, parking shall be at a rate of one (1) parking space per 100 storage units or portion thereof, including: (a) a minimum of three (3) loading spaces for the self-service storage facility that must be striped and signed to 4 ORD. NO. 21-12 limit the time for loading and unloading to one (1) hour; and in addition (b) three and one-half (3.5) spaces for each 1,000 square feet of accessory office use associated with the self-storage use. Notwithstanding the above, a minimum of five (5) parking spaces other than loading spaces shall be provided in connection with the selfstorage use. d. At least 2,500 square feet of ground floor area shall be devoted to at least one additional principal retail or service use without limiting the foregoing. The additional principal uses may be eating and drinking establishments, retail or personal service. 3. Limitation of Uses: a. Activities not related to the rental or lease of self-storage units shall not be conducted within the self service storage facility area, unless specifically permitted through the conditional use process. b. Except as otherwise provided in subsection (c), no business or activity other than self storage shall be conducted from any self-storage unit in the facility. Examples of prohibited uses include, but are not limited to the following: the servicing, repair and/or restoration of automobiles, boats, recreational vehicles, and/or restoration of automobiles, boats, recreational vehicles, lawnmowers and the like; moving and self-storage companies; cabinet making and wood working (whether personal or professional); personal hobbies and arts and crafts; and any other activity unless specifically permitted through the conditional use process. c. Except as otherwise provided in this subsection (c), there shall be no electrical power provided to, or accessible from any individual selfstorage units. This includes the provision of lighting fixtures to the interior of a self-storage unit, unless specifically addressed in the conditional use approval. The use of portable generators is also prohibited. d. The use or storage of any hazardous materials is prohibited. e. the terms and conditions of this section shall be clearly expressed in all self-storage rental or leasing contracts, as well as conspicuously displayed in plain view on a sign no smaller than one foot (1’) by two feet (2’) in the leasing office at the facility. 5 ORD. NO. 21-12 4. On-Site Manager: An on-site manager shall be employed at the facility during all hours of operation. 5. Hours of Operation: Customers of the self service storage facility may not access individual self-storage units before 5:00 a.m. or any later than 9:00 p.m. Hours of operation may be further restricted when it is deemed that morning and evening traffic into and out of the facility may negatively impact the character of an adjacent residential area. In no circumstance shall customers of any self service storage facility have 24 hour access to their selfstorage unit(s). 6. Landscape Requirements: In addition to all applicable landscape requirements and other special provisions pursuant to the individual zone district, a minimum ten foot (10’) landscape buffer shall be required adjacent to Federal Highway and Dixie Highway and a minimum five foot (5’) landscape buffer shall be required along all property lines that do not abut a roadway. 7. Outdoor Storage of vehicles, Boats & Truck Rental: Outdoor storage of boats and vehicles and truck rental is prohibited. 8. Architecture: All self service storage facility buildings must comply with the following architectural standards. a. Building facades visible from the public right-of-way shall have the appearance of a service and/or retail building through the use of doors, windows, awnings, and other appropriate building elements. b. Exterior building material shall be stucco or a similar material. c. Buildings that can accommodate two or more stories shall be designed where facing a street to have the appearance of a multi-story building through the use of windows, doors, awnings, canopies or other appropriate building elements. d. Building facades facing a public right-of-way must have a 15% minimum transparency consisting of windows that provide visibility from the public right-of-way from the interior. e. Detailed building elevations shall be submitted prior to the Conditional Use public hearing. 9. Location: A self service storage facility shall not be located within a radius 6 ORD. NO. 21-12 of 1,000 feet of another existing self service storage facility. (3) Four Corners Overlay District: The following supplemental district regulations apply to the Four Corners Overlay District, as defined in Section 4.5.14. (a) The permitted uses shall be those uses listed in Sections 4.4.9(B)(1,2,4,5). (b) The accessory uses shall be those uses listed in Section (C). (c) The conditional uses shall be those uses listed in Sections (D)( 2, 3, 9, 11, 14, 19, and 20). (d) Standards Pertaining to Allocation of Uses: 1. Office uses can encompass up to one hundred percent (100%) of the total building square footage within a Four Corners Overlay master development plan. 2. Retail uses shall not encompass more than one hundred percent (100%) of the total building area square footage of the Four Corners Overlay master development plan. 3. Hotels, motels, and residential all suite lodging shall not encompass more than 20% of the total building area square footage of the Four Corners Overlay master development plan. Notwithstanding the above, hotels, motels and residential all suite lodging can comprise 100% of the floor area of an individual building within a MDP containing multiple buildings. 4. Multi-family Dwelling Units: Multi-family uses and assisted living facilities, but excluding duplexes subject to (a)(b)(c)(d)(e) below, ranging in density not to exceed 30 units per acre subject to the following: a. Residential units may comprise 75% of the total floor area of the development master plan at a maximum density of (30) units per acre and only when proposed as part of a mixed-use development containing office and/or commercial uses. b. Residential developments must include a minimum of 20% workforce units consisting of moderate income workforce units as defined by Article 4.7 Family/Workforce Housing. c. Workforce units shall be subject to general provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10. 7 ORD. NO. 21-12 d. For mixed-use developments, the shared parking provisions of LDR Section 4.6.9. (C)(8) shall be allowed. e. All residential developments shall be subject to the Performance Standards of 4.4.13(l)(2) (e) Standards Unique to the Four Corners Overlay District: Where standards unique to the Four Corners Overlay District conflict with standards contained elsewhere in the zoning, subdivision, and landscape codes, the standards of this Subsection shall apply: 1. Lot Coverage & Open Space: a. Land area equal to at least 25% of the individual Four Corners Overlay District Master Development Plan (MDP) including the perimeter landscaped boundary, shall be in open space. Water bodies and paved areas shall not be included in the meeting of this 25% open space requirement. 2. Minimum Structure Size: Any free-standing non-residential principal structure shall have a minimum floor area of 4,000 square feet; shall be architecturally consistent with other structures in the master development plan; and shall have direct access to and from other portions of the Four Corners Overlay development. 3. Office and Commercial Floor Heights shall be a minimum of twelve feet (12') floor to floor on the first floor and ten (10') floor to floor on all floors above. Residential uses shall have a minimum nine feet (9') floor to floor on all floors. Hotel, motel and residential all suite lodging shall have a minimum of eight feet six inches (8' 6") floor to floor on all floors. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. (4) Lintco Development Overlay District: Within the Lintco Development Overlay District, as defined by Section 4.5.19(A), non-residential development intensity in non-residential or mixed-use developments shall be limited to a maximum Floor Area Ratio (FAR) of 0.36. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 8 ORD. NO. 21-12 Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2012. _______________________ _____________ ATTEST M A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________ PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JUNE 18, 2012 AGENDA NO: V. C. AGENDA ITEM: CONSIDERATION OF A PRIVATELY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO CREATE SECTION 4.5.19, “LINTCO DEVELOPMENT OVERLAY DISTRICT” AND AMEND SECTION 4.4.9 “GENERAL COMMERCIAL (GC) DISTRICT”, SUBSECTION (G), “SUPPLEMENTAL DISTRICT REGULATIONS” TO LIMIT THE FLOOR AREA RATIO (FAR) WITHIN THE LINTCO DEVELOPMENT OVERLAY DISTRICT, LOCATED AT THE NORTHWEST CORNER OF LINTON BOULEVARD AND SW 4TH AVENUE. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a privately-initiated amendment to Land Development Regulations (LDRs) that will restrict the nonresidential development intensity on properties within a newly created Lintco Development Overlay District, located at the northwest corner of Linton Boulevard and SW 4th Avenue, to a maximum FAR of 0.36. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Comprehensive Plan Amendment 2010-1, adopted by the City Commission on December 14, 2010, included a privately-initiated Future Land Use Map (FLUM) Amendment and associated text amendment for the subject property. The FLUM amendment changed the designation of the property from MD (Residential Medium Density 5-12 du/ac) to GC (General Commercial), and the text amendment modified the description of the General Commercial FLUM designation to limit the nonresidential development intensity on the property to an FAR of 0.36. This maximum intensity was set to ensure that traffic concurrency could be achieved on the property at its maximum development potential. The proposed LDR text amendment is required to support the changes to the Comprehensive Plan adopted with Plan Amendment 2010-1. Under the proposed text amendment, the following two changes are being made: Article 4.5, “Overlay and Environmental Management Districts” of the Land Development Regulations is being modified to create the new overlay district on the subject property. The location of the overlay district is defined within the new Section 4.5.19, “Lintco Development Overlay District”. Planning and Zoning Board Meeting, June 18, 2012 LDR Text Amendment -Lintco Development Overlay District 2 Section 4.4.9, “General Commercial (GC) District”, Subsection (G), “Supplemental District Regulations” is being amended to add a new regulation restricting the Floor Area Ratio (FAR) on property within the Lintco Development Overlay District to a maximum of 0.36. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The proposed text amendment implements the description of the General Commercial Future Land Use Map designation in the Future Land Use Element of the Comprehensive Plan stated as follows: General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses, except as indicated within the following overlay districts: Four Corners Overlay District -For mixed-use development within this overlay district, the nonresidential component is limited to an FAR of 2.0 Silver Terrace Courtyards Overlay District -Nonresidential development is limited to an FAR of 0.75 Lintco Development Overlay District -Nonresidential development is limited to an FAR of 0.36. Waterford Overlay District -Nonresidential development is limited to an FAR of 1.32. Residential uses may comprise up to 15% of the total floor area of the General Commercial Land Use designation. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area and within the Silver Terrace Courtyards Overlay District where residential densities may be allowed up to a maximum of 22 units per acre subject to Conditional Use approval. Areas with the General Commercial designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. Pursuant to the above, a positive finding can be made with respect to LDR Section 2.4.5(M)(5). REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: Neighborhood Advisory Council Delray Citizens’ Coalition Linton Ridge Planning and Zoning Board Meeting, June 18, 2012 LDR Text Amendment -Lintco Development Overlay District 3 Southridge Southridge Village The Vinings Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed ordinance will create a new overlay district and restrict development intensity within that overlay district in support of the description of the General Commercial Future Land Use Map designation within the Future Land Use Element of the Comprehensive Plan. A positive finding can be made with respect to LDR Section 2.4.5(M)(5). ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of a privately-initiated amendment to the Land Development Regulations to create Section 4.5.19, “Lintco Development Overlay District” and amend Section 4.4.9 “General Commercial (GC) District”, Subsection (G), “Supplemental District Regulations” to limit the nonresidential floor area ratio (FAR) within that overlay district to a maximum of 0.36, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of a privately-initiated amendment to the Land Development Regulations to create Section 4.5.19, “Lintco Development Overlay District” and amend Section 4.4.9 “General Commercial (GC) District”, Subsection (G), “Supplemental District Regulations” to limit the nonresidential floor area ratio (FAR) within that overlay district to a maximum of 0.36, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Move a recommendation of approval to the City Commission of a privately-initiated amendment to the Land Development Regulations to create Section 4.5.19, “Lintco Development Overlay District” and amend Section 4.4.9 “General Commercial (GC) District”, Subsection (G), “Supplemental District Regulations” to limit the nonresidential floor area ratio (FAR) within that overlay district to a maximum of 0.36, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: Proposed Ordinance No. 21-12 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: June 26, 2012 SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF JULY 5, 2012 ORDINANCE NO. 22-12 ITEM BEFORE COMMISSION Approval of a privately-initiated amendment to the Land Development Regulations (LDRs) that will restrict the nonresidential development intensity and residential density on properties within a newly created Waterford Overlay District, located south of Linton Boulevard, east of I-95, to a maximum nonresidential Floor Area Ratio (FAR) of 1.32 and a maximum residential density of 12 units per acre. BACKGROUND Comprehensive Plan Amendment 2010-1, adopted by the City Commission on December 14, 2010, included a privately-initiated Future Land Use Map (FLUM) Amendment and associated text amendment for the subject property. The FLUM amendment changed the designation of the property from TRN (Transitional) to GC (General Commercial), and the text amendment modified the description of the General Commercial FLUM designation to limit the nonresidential development intensity on the property to an FAR of 1.32. This maximum intensity was set to ensure that traffic concurrency could be achieved on the property at its maximum development potential. No changes were made to the residential potential of the property, so the maximum density will remain at 12 units per acre. The proposed LDR text amendment is required to support the changes to the Comprehensive Plan adopted with Plan Amendment 2010-1. Under the proposed text amendment, the following two changes are being made: l Article 4.5, “Overlay and Environmental Management Districts” of the Land Development Regulations is being modified to create the new overlay district on the subject property. The location of the overlay district is defined within the new Section 4.5.20, “Waterford Overlay District”. l Section 4.4.25, “Special Activities District (SAD)”, Subsection (E), “Supplemental District Regulations” is being amended to add a new regulation restricting development within the Waterford Overlay District to a maximum nonresidential Floor Area Ratio (FAR) of 1.32 and a maximum residential density of 12 units per acre. REVIEW BY OTHERS The Planning and Zoning Board reviewed the item at its June 18, 2012 meeting and made a recommendation of approval on a 4-0 vote. RECOMMENDATION By motion, approve Ordinance No. 22-12 on first reading for a privately-initiated amendment to the Land Development Regulations to create Section 4.5.20, “Waterford Overlay District” and amend Section 4.4.25 “Special Activities District (SAD)”, Subsection (E), “Supplemental District Regulations” to limit the nonresidential Floor Area Ratio (FAR) within that overlay district to a maximum of 1.32 and the residential density to a maximum of 12 units per acre, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). ORDINANCE NO. 22-12 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 ENACTING A NEW SECTION 4.5.20, “WATERFORD OVERLAY DISTRICT”, TO CREATE A NEW OVERLAY DISTRICT; AMENDING SECTION 4.4.25, “SPECIAL ACTIVITIES DISTRICT (SAD)”, SUBSECTION (E), “SUPPLEMENTAL DISTRICT REGULATIONS”, TO RESTRICT THE NONRESIDENTIAL DEVELOPMENT INTENSITY AND RESIDENTIAL DENSITY WITHIN THE WATERFORD OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 18, 2012 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the goals, policies, and objectives of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.5.20, “Waterford Overlay District”, of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows: Section 4.5.20 Waterford Overlay District (A) Defined: The Waterford Overlay District is hereby established to include the following area: 2 ORD. NO. 22-12 Parcel “B” as set forth on the plat of Waterford Park, recorded in Plat Book 91 at Pages 119 and 120 of the public records of Palm Beach County, Florida. (B) Map of Overlay District Section 3. That Section 4.4.25, “Special Activities District (SAD)”, Subsection (E), “Supplemental District Regulations”, of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (E) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified by the following: (1) Parking and loading requirements (number of spaces) shall be as set forth on the site and development plan. (2) Waterford Overlay District: Within the Waterford Overlay District, as defined by Section 4.5.20(A), non-residential development intensity in non-residential or mixed-use developments shall be limited to a maximum Floor Area Ratio (FAR) of 1.32. Residential development in free-standing residential and mixed-use developments shall not exceed 12 units per acre. 3 ORD. NO. 22-12 Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2012. ____________________________________ ATTEST M A Y O R __________________ _____________ City Clerk First Reading__________________ Second Reading________________ PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JUNE 18, 2012 AGENDA NO: V. D. AGENDA ITEM: CONSIDERATION OF A PRIVATELY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO CREATE SECTION 4.5.20, “WATERFORD OVERLAY DISTRICT” AND AMEND SECTION 4.4.25 “SPECIAL ACTIVITIES DISTRICT (SAD)”, SUBSECTION (E), “SUPPLEMENTAL DISTRICT REGULATIONS” TO LIMIT THE FLOOR AREA RATIO (FAR) AND RESIDENTIAL DENSITY WITHIN THE WATERFORD OVERLAY DISTRICT, LOCATED SOUTH OF LINTON BOULEVARD, EAST OF I-95. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a privately-initiated amendment to Land Development Regulations (LDRs) that will restrict the nonresidential development intensity and residential density on properties within a newly created Waterford Overlay District, located south of Linton Boulevard, east of I-95, to a maximum nonresidential FAR of 1.32 and a maximum residential density of 12 units per acre. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Comprehensive Plan Amendment 2010-1, adopted by the City Commission on December 14, 2010, included a privately-initiated Future Land Use Map (FLUM) Amendment and associated text amendment for the subject property. The FLUM amendment changed the designation of the property from TRN (Transitional) to GC (General Commercial), and the text amendment modified the description of the General Commercial FLUM designation to limit the nonresidential development intensity on the property to an FAR of 1.32. This maximum intensity was set to ensure that traffic concurrency could be achieved on the property at its maximum development potential. No changes were made to the residential potential of the property, so the maximum density will remain at 12 units per acre. The proposed LDR text amendment is required to support the changes to the Comprehensive Plan adopted with Plan Amendment 2010-1. Under the proposed text amendment, the following two changes are being made: Article 4.5, “Overlay and Environmental Management Districts” of the Land Development Regulations is being modified to create the new overlay district on the subject property. The location of the overlay district is defined within the new Section 4.5.20, “Waterford Overlay District”. Planning and Zoning Board Meeting, June 18, 2012 LDR Text Amendment -Waterford Overlay District 2 Section 4.4.25, “Special Activities District (SAD)”, Subsection (E), “Supplemental District Regulations” is being amended to add a new regulation restricting development within the Waterford Overlay District to a maximum nonresidential Floor Area Ratio (FAR) of 1.32 and a maximum residential density of 12 units per acre. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The proposed text amendment implements the description of the General Commercial Future Land Use Map designation in the Future Land Use Element of the Comprehensive Plan stated as follows: General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses, except as indicated within the following overlay districts: Four Corners Overlay District -For mixed-use development within this overlay district, the nonresidential component is limited to an FAR of 2.0 Silver Terrace Courtyards Overlay District -Nonresidential development is limited to an FAR of 0.75 Lintco Development Overlay District -Nonresidential development is limited to an FAR of 0.36. Waterford Overlay District -Nonresidential development is limited to an FAR of 1.32. Residential uses may comprise up to 15% of the total floor area of the General Commercial Land Use designation. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area and within the Silver Terrace Courtyards Overlay District where residential densities may be allowed up to a maximum of 22 units per acre subject to Conditional Use approval. Areas with the General Commercial designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. Pursuant to the above, a positive finding can be made with respect to LDR Section 2.4.5(M)(5). REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: Neighborhood Advisory Council Delray Citizens’ Coalition Linton Ridge Planning and Zoning Board Meeting, June 18, 2012 LDR Text Amendment -Waterford Overlay District 3 Southridge Southridge Village Waterford Apartments Tierra Verde at Delray Beach Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed ordinance will create a new overlay district and restrict development intensity within that overlay district in support of the description of the General Commercial Future Land Use Map designation within the Future Land Use Element of the Comprehensive Plan. A positive finding can be made with respect to LDR Section 2.4.5(M)(5). ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of a privately-initiated amendment to the Land Development Regulations to create Section 4.5.20, “Waterford Overlay District” and amend Section 4.4.25 “Special Activities District (SAD)”, Subsection (E), “Supplemental District Regulations” to limit the nonresidential floor area ratio (FAR) within that overlay district to a maximum of 1.32 and the residential density to a maximum of 12 units per acre, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of a privately-initiated amendment to the Land Development Regulations to create Section 4.5.20, “Waterford Overlay District” and amend Section 4.4.25 “Special Activities District (SAD)”, Subsection (E), “Supplemental District Regulations” to limit the nonresidential floor area ratio (FAR) within that overlay district to a maximum of 1.32 and the residential density to a maximum of 12 units per acre, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Move a recommendation of approval to the City Commission of a privately-initiated amendment to the Land Development Regulations to create Section 4.5.20, “Waterford Overlay District” and amend Section 4.4.25 “Special Activities District (SAD)”, Subsection (E), “Supplemental District Regulations” to limit the nonresidential floor area ratio (FAR) within that overlay district to a maximum of 1.32 and the residential density to a maximum of 12 units per acre, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: Proposed Ordinance No. 22-12 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 26, 2012 SUBJECT: AGENDA ITEM 12.D. -REGULAR COMMISSION MEETING OF JULY 5, 2012 ORDINANCE NO. 23-12 ITEM BEFORE COMMISSION Consideration of a City-initiated amendment to the Land Development Regulation Section 2.4.3 (K)(1) &(3) which outlines the current fee schedules for “Development Applications” and “Permit Fees” as well as Section 6.3.3(A) “Permit and Fees” for Sidewalk Cafés. BACKGROUND The proposed changes to LDR Section 2.4.3(K)(1) “Development Application Fees” increases the Beach Overlay Review fee from $1,560 to $1,610 to accommodate an increase in the annual renewal of the contract agreement with “Urban Design Kilday Studios” which has been increased by $50.00 from $950 to $1,000 as well as to create a new fee for modifications to approved Redevelopment Plans. Beach overlay review encompasses both internal City review as well as an external review by “Urban Design Kilday Studios”. The $1,610 fee is collected by the City, $1,000 is directly passed through to Urban Design Kilday Studios (UDKS) and the City retains the additional $610 in fees for their internal review. While the creation of a Redevelopment Plan is prepared by City staff, once adopted, modifications to address a specific development proposal are sometimes requested by individual property owners. Such requests involve considerable staff input that includes comparative analysis of land uses, traffic data, development intensities and concurrency evaluation. Such analysis is often akin to the review of a comprehensive plan amendment requiring the preparation of a report to the Planning and Zoning Board and the City Commission. As such a fee of $2,760 is proposed. The amendment also proposes the creation of new building permit fees as well as modifications to certain existing permit fees. The most recent increases in permit fees occurred in September 2009. The proposed fees are based on a comparative analysis of several municipalities including Boca Raton, Boynton Beach, Palm Beach Gardens, Deerfield Beach, Pompano Beach, West Palm Beach and Palm Beach County. Comparatively, the proposed fees are slightly above the mid-range averages of the municipalities surveyed. Finally, the amendment proposes increasing the sidewalk application fee from $4.50 per square foot to $4.75 per square foot of approved sidewalk café space. Additional background and analysis is provided in the attached Planning & Zoning Board Staff Report. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on June 18, 2012. No one from the public spoke on the issue. The Board recommended approval on a 4 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance 23-12 for a City initiated amendment to the Land Development Regulations Section 2.4.3(K)(1)&(3) and Section 6.3.3(A) regarding proposed increases to certain Development Applications and Permit Fees and increasing the permit fee assessed per square foot of approved sidewalk café space by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: Ordinance No. 23-12 Planning and Zoning Board Staff Report of June 18, 2012 ORDINANCE NO. 23-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION (K), "FEES", PARAGRAPH (1), “DEVELOPMENT APPLICATIONS” AND PARAGRAPH (3), “PERMIT FEES”; AND SECTION 6.3.3, “SIDEWALK CAFÉ”, SUBSECTION (A), “PERMIT AND FEES” TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT APPLICATION AND PERMIT FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 18, 2012, and voted 4 to 0 to recommend that the changes be approved/denied; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 2.4.3, "Submission Requirements", Subsection (K), "Fees", Paragraph (1), “Development Applications” of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.4.3 Submission Requirements (K) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. 2 ORD. NO. 23-12 (1) Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. (a) Comprehensive Plan Amendment $ 2,760 (b) Review of a ADA/DRI $ 0 Modification of a DRI $ 0 (c) Voluntary Annexation with Zoning $ 1,220 (4) (d) Rezoning of Land $ 2,100 (e) Modification of a SAD Ordinance to add a use or uses $ 2,100 (f) Conditional Uses, New Application $ 1,655 Modification requiring Board Review $ 675 (g) Master Plans $ 1,400 (1) Master Plan Modification (5) (h) Formal review of a Sketch Plan [Section 2.4.1(B)] $ 675 (i) Similarity of Use $ 340 (j) Site Plan Review: Class I (Non-Impacting Modification) $ 200 Class II (Non-Impacting with Board Review) $ 400 Class III (Minor Modification) $ 610 (1) Class IV (Major Modification) $ 1,010 (1) Class V (New Submission) $ 1,400 (1) (k) Extension requests for a previous conditional use, site plan or master development plan (12) Class I Site Plan Modification $ 65 Class II Site Plan Modification $ 130 Class III Site Plan Modification $ 305 Class IV Site Plan Modification $ 480 Class V Site Plan $ 675 Master Development Plan $ 675 Master Development Plan modification (5) Conditional Use $ 830 3 ORD. NO. 23-12 Conditional Use Modification $ 340 Certificate of Appropriateness for Minor Development $ 35 Certificate of Appropriateness for Major Development $ 295 (l) Plats Minor Subdivision $ 1,010 (1) Major Subdivision $ 2,020 (1) Plat Recording Fee (3) (m) Abandonments Right-of-way $ 830 General Easements $ 410 Specific Easements $ 205 (n) Master Sign Program $ 170 (o) Variances Board of Adjustment $ 555 Historic Preservation Board $ 265 (p) Formal interpretation by the Board of Adjustment (per item) $ 70 (q) Certificate of Appropriateness by Board (14) Minor Development $ 65 (2) Major Development $ 585 (r) Certificate of Appropriateness by Staff $ 0 (13) (s) Request for Historic Designation $ 65 (per property) Request for Change of Historic Designation or Classification $ 65 (per property) (t) Hearing before the Board of Adjustment (per item) $ 70 (u) Temporary Use Request involving City Commission $ 150 Action (v) Water Service Agreement Request --without concurrent site plan $ 150 --with concurrent site plan $ 0 (w) Land Development Regulations Text Change $ 1,655 (x) Waivers and Internal Adjustments $ 150 per request (6) 4 ORD. NO. 23-12 $ 280 per request (7) (y) Appeals by Applicant $ 375 (8) (z) Advertising (9) (aa) Zoning Verification Letter Interpretation of existing LDRs $ 65 Requiring Research for Previous Development Activity $ 140 plus $35 per hr in excess of 2 hrs (bb) North Beach/Seagate and Ocean Neighborhood $1,560 1,610 (1) Overlay District Review (cc) Application Fee for In-Lieu Of and Public Parking Fee $ 255 (10) Requests (dd) Ad Valorem Tax Exemption (Review Concurrent with COA Review) $ 0 Ad Valorem Tax Exemption (Review after CO received for approved development) $ 65 (ee) Re-submittal Fee will be charged on the 3rd and $ 210 (15) subsequent re-submittals (ff) Legal Review of Documents (per document) $ 160 (gg) Applicant’s request for Postponement/Continuance (per request) $ 80 (hh) Stand Alone Bars (per request) $ 55 (ii) Automatic Extension Requests (per Senate Bill 360) $ 105 (12) (jj) Redevelopment Plan Modification $ 2,760 Section 3. That Section 2.4.3, "Submission Requirements", Subsection (K), "Fees", Paragraph (3), “Permit Fees” of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.4.3 Submission Requirements 5 ORD. NO. 23-12 (K) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission (3) Permit Fees: Fees associated with permits are applicable per the following. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. No permit fees are included in the imposition of application fees. (a) Shrub Clearing Permit: one acre $100 and $10 20 for each additional acre above one acre (b) Tree Removal Permit: $ 25 per tree Where a tree has died due to natural causes including disease, lethal yellowing, freezing temp., lightning and storms, or if the tree is of a prohibited species, there shall be no permit fee even though inspection and permit requirements shall be met. $ -0-(c) Temporary Use, not requiring City $ 150 Commission action (e.g. Tents) (d) Mitigation Verification Affidavit $ 30 (e)(d) Work in the Public Right-of-way $ 15 (f) (e) Renewal/Extension of Permit $ 150 (g) (f) Signs and Signing Application Fee $ 25 Minimum Permit Fee $ 25.00 Permit Fee, non-electric $2 $3/sq. ft. /face Permit Fee, electric $20 Plus $2 $3/sq. ft. /face Master Sign Permit Fee $150 Master Sign Permit Modification requiring SPRAB action $ 75 Banner Permit $50 each (h) (g) Permits for new buildings and additions which include all the following items: 1. Building Permit 2. Electrical Permit 3. Plumbing Permit 4. Mechanical Permit 5. Roofing Permit 6 ORD. NO. 23-12 For permit activity valued at $1,000 or less: --Minimum fee of: $ 50 --Plus: $ 30 per required inspection --Plus: $ 50 per reinspection (1) --Plus: $ 100 /each change of contractor For permit activity valued at $1,001 or more: --Minimum fee of: $ 50 and $ 20 $ 22 per each additional $1,000 of value, or fraction thereof --Plus: $ 50 per reinspection (1) --Plus: $ 100 /each change of contractor (i) (h) Permits for miscellaneous items such as driveways, fences, reroofs, residential pools, utility sheds, patios, sidewalks, landscaping, irrigation: For permit activity valued at $1,000 or less: --Minimum fee of: $ 40 --Plus: $ 30 per required inspection --Plus: $ 50 per reinspection (1) --Plus: $ 100 /each change of contractor For permit activity valued at $1,001 or more: --Minimum fee of: $ 40 and $ 20 $ 22 for each additional $1,000 of value or fraction thereof --Plus: $ 50 per reinspection (1) --Plus: $ 100 /each change of contractor (j) (i) Permits for sub trade work including, but not limited to: 1. Site work 2. Structural Pest Control 3. Underground Fuel Tanks 4. General Construction 5. Subcontracts for General Construction 6. Commercial Public Pool For permit activity valued at $1,000 or less: --Minimum fee of: $ 50 --Plus: $ 30 per required inspection --Plus: $ 50 per reinspection (1) --Plus: $ 100 /each change of contractor 7 ORD. NO. 23-12 For permit activity valued at $1,001 or more: --Minimum fee of: $ 50 --Plus: $ 40 $ 42 for each $1,000 of value or fraction thereof --Plus: $ 50 per reinspection (1) --Plus: $ 100 /each change of contractor (k) (j) Moving of a building or structure: $ 400 (l) (k) Demolition of single family residence: $ 100 $150 for every 3,000 sq. ft. or fraction thereof Demolition of commercial structure: $ 250 for every 5,000 sq. ft. or fraction thereof Demolition of commercial accessory building: $ 150 per building Interior demolition for single family & commercial only; non-structural: $200 (m) (l) Drilling or Driving a Potable well: $ 70 (n) (m) Change-out Permits: A change-out permit is for work by a sub-trade contractor or qualified owner-builder which involves the repair or replacement of minor components. Minor components include, but are not limited to, showers, sinks, water heaters, airconditioning condenser units, air-handlers, heat strips, minor duct repair, electrical fixtures, electrical service upgrades, pool pumps, irrigation systems pumps and accessories, and ceiling fans. Value of less than $200: $ -0-Value of $200 to $1,000: $ 50 Value greater than $1,000 per normal permit (o) (n) Certificate of Occupancy: --$25 for single family & duplex --$50 for commercial & multi-family --Conditional Certificates: $700 (p) (o) Penalty for failing to call for a final inspection: $ 100 (q) (p) Penalty where work is begun without a permit: Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be tripled. The payment of such triple fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work, nor from any other penalties prescribed herein. (r) (q) All service stations, grocery stores, kidney dialysis centers, pharmacies, residential buildings with elevators, country clubs and/or clubhouses in residential communities shall 8 ORD. NO. 23-12 be permitted to install generators and all appurtenances related to generators including fuel storage areas and screening and all permit fees for installation shall be waived. (s) (r) Construction Trailer/Container: $250 each plus sub trade permits (t) (s) Sales Trailer: $750 each plus sub trade permits. (u) (t) Accessory Buildings: Pre-Fab: Up to 36 sq. ft: $50 + $30 per required inspection 37 sq. ft. and above: $100 + $30 per required inspection Site Built: Up to 36 sq. ft.: $100 + $20 per required inspection 37 sq. ft. and above: $150 + $20 per required inspection (v) (u) Electrical Inspection of Unoccupied Property for Meter Installation: Residential $250 Commercial $300 (w) (v) Electrical “Temp for Test” 30-day Power Release: Up to 2,000 sq. ft. $100 2,000 sq. ft. to 5,000 sq. ft. $150 5,001 sq. ft. to 50,000 sq. ft. $200 50,001 sq. ft. and over $300 (x) (w) Flood Zone Determination $25 per property (y) (x) Foundation Only Permit $1,200 single family $2,000 multi-family $3,000 commercial (z) Foundation Prep Work Only $300 residential $500 commercial (aa) Interior Build-Out (pre-permit) $250 residential $350 commercial (bb) (y) Early Submission Fee $200 each (pre-certified site plan) (cc) (z) Lost/Replacement Plans $150 plus printing costs (dd) Medical Gas Installation $80 minimum/each (ee) (aa) Custom Bathtub Inspection $ 200 each $ 50 per inspection (ff) (bb) Open Permit/Property Search $15 per request 9 ORD. NO. 23-12 (gg) (cc) Overtime Inspections $100/hr (4 hr minimum) (hh) (dd) Engineer Letter or Affidavit $ 50 per inspection $ 100 final inspection (ii) (ee) Stocking Permit $ 250 (jj) (ff) Liquor License Review -Business $ 100 per Application -Special Event $ 25 per Application Section 4. That Section 6.3.3, "Sidewalk Cafe", Subsection (A), "Permit and Fees" of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 6.3.3. Sidewalk Café (A) Permit and Fees: It shall be unlawful for any person to establish a sidewalk cafe at any site unless a valid permit to operate a sidewalk cafe has been obtained for that site, from the City pursuant to this Section. The permit shall be issued on a form provided by the City of Delray Beach. No permit shall be issued until all the requirements of this Section have been met. Permits shall not be transferable. (1) Each permit shall be effective for one year, from July 1st until June 30th. Any new permit application received after July 1st until December 31st will pay the full cost of the permit fee and the permit shall expire June 30th of the following year. Any new permit application received after December 31st will pay one-half of the cost of the permit fee and the permit shall expire June 30th of the same year. (2) The sidewalk café application fee is one hundred fifty dollars ($150.00). The permit fee is $4.50 $4.75 per square foot of approved sidewalk café space. (3) Renewals of a Sidewalk café permit and payment of fees must be submitted and approved on or before July 1st of each year. (4) Late Renewal Fee: If a renewal payment is not submitted by July 1st, it shall be considered late and subject to a late fee of ten-percent (10%), plus an additional five-percent (5%) late fee if payment is not received by the first of each month thereafter until paid, provided that the total fee shall not exceed twenty-percent (20%). If a renewal payment is not submitted by July 1st, the City has the right to immediately cancel the Sidewalk Café permit upon written notice to the permit holder. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the 10 ORD. NO. 23-12 part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 201___. ____________________________________ ATTEST M A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________ PLANNING AND ZONING BOARD STAFF REPORT MEETING OF: JUNE 18, 2012 AGENDA NO: V.E AGENDA ITEM: AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.3(K)(1) “DEVELOPMENT APPLICATIONS”; SECTION 2.4.3(K)(3) “PERMIT FEES” AND SECTION 6.3.3 “SIDEWALK CAFÉ” SUBSECTION 6.3.3(A) “PERMIT AND FEES” TO PROVIDE FOR AN INCREASE IN CERTAIN DEVELOPMENT APPLICATIONS AND PERMIT FEES AND INCREASING THE PERMIT FEE ASSESSED PER SQUARE FOOT OF APPROVED SIDEWALK CAFÉ SPACE ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations (LDRs) to increase the development applications, permit and sidewalk café fees pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND AND ANALYSIS This amendment pertains to Section 2.4.3 (K)(1)&(3) which outlines the current fee schedules for “Development Applications” and “Permit Fees” as well as Section 6.3.3(A) “Permit and Fees” for Sidewalk Cafés. LDR Section 2.4.3(K)(1) “Development Applications” The proposed changes include increasing the project review fees for projects located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts; as well as the creation of a new fee for privately initiated modifications to redevelopment plans. Pertaining to projects located within the Beach Overlay Districts, the annual renewal of the contract agreement with “Urban Design Kilday Studios” increases their Beach Property Owners Design Manual compliance review fee from $950 to $1,000. The proposed change correspondingly increases the site plan development review fee from $1560 to $1610. The entire $1,610 fee is collected by the City, $1,000 is directly passed through to Urban Design Kilday Studios (UDKS) and the City retains the additional $610 in fees for their internal review. The proposed amendment also establishes a new fee for modifications to an approved redevelopment plan. The review and analysis associated with redevelopment plan modification necessitates considerable staff input and involves comparative analysis of land uses, traffic data, development intensities and concurrency evaluation. Such analysis is often akin to the review of a comprehensive plan amendment requiring the preparation of a report to the Planning and Zoning Board and the City Commission. As such a fee of $2,760 is proposed. Planning and Zoning Staff Report – June 18, 2012 LDR Text Amendment – Application Fees 2 LDR Section 2.4.3(K)(2) “Permit Fees” The amendment also proposes the creation of new building permit fees as well as modifications to certain existing permit fees. These fees are based on a comparative analysis of several municipalities including Boca Raton, Boynton Beach, Wellington, Palm Beach Gardens, Deerfield Beach, Pompano Beach and Palm Beach County. Comparatively, the proposed fees are slightly above the mid-range averages of the municipalities surveyed. The proposed text changes listed below only identifies the permit fee categories that are being modified: (3) Permit Fees: (a) Shrub Clearing Permit: one acre $100 and $10 20 for each additional acre above one acre (d) Mitigation Verification Affidavit $30 (g)(f) Signs and Signing Application Fee, Minimum Permit Fee $25.00 Permit Fee, non-electric $2 $3/sq. ft. /face Permit Fee, electric $20 Plus $2 $3/sq. ft. /face Master Sign Permit Fee $150 Master Sign Permit Modification requiring SPRAB action $ 75 (h)(g) Permits for new buildings and additions which include all the following items: 1. Building Permit 2. Electrical Permit 3. Plumbing Permit 4. Mechanical Permit 5. Roofing Permit For permit activity valued at $1,000 or less: --Minimum fee of: $ 50 --Plus: $ 30 per required inspection --Plus: $ 50 per reinspection (1) --Plus: $ 100 /each change of contractor For permit activity valued at $1,001 or more: --Minimum fee of: $ 50 and $ 20 $ 22 per each additional $1,000 of value, or fraction thereof --Plus: $ 50 per reinspection (1) --Plus: $ 100 /each change of contractor (i)(h) Permits for miscellaneous items such as driveways, fences, reroofs, residential pools, utility sheds, patios, sidewalks, landscaping, irrigation: Planning and Zoning Staff Report – June 18, 2012 LDR Text Amendment – Application Fees 3 For permit activity valued at $1,000 or less: --Minimum fee of: $ 40 --Plus: $ 30 per required inspection --Plus: $ 50 per reinspection (1) --Plus: $ 100 /each change of contractor For permit activity valued at $1,001 or more: --Minimum fee of: $ 40 and $20 $22 for each additional $1,000 of value or fraction thereof --Plus: $ 50 per reinspection (1) --Plus: $ 100 /each change of contractor (j)(i) Permits for sub trade work including, but not limited to: 1. Site work 2. Structural Pest Control 3. Underground Fuel Tanks 4. General Construction 5. Subcontracts for General Construction 6. Commercial Public Pool For permit activity valued at $1,000 or less: --Minimum fee of: $ 50 --Plus: $ 30 per required inspection --Plus: $ 50 per reinspection (1) --Plus: $ 100 /each change of contractor For permit activity valued at $1,001 or more: --Minimum fee of: $ 50 --Plus: $ 40 $ 42 for each $1,000 of value or fraction thereof --Plus: $ 50 per reinspection (1) --Plus: $ 100 /each change of contractor (l)(k) Demolition of single family residence: $ 100 $150 for every 3,000 sq. ft. or fraction thereof Demolition of commercial structure: $ 250 for every 5,000 sq. ft. or fraction thereof Demolition of commercial accessory building: $ 150 per building Interior demolition for single family & commercial only; non-structural: $200 (o) (n) Certificate of Occupancy --$25 for single family & duplex --$50 for commercial & multi-family --Conditional Certificates: $700 (s) (r) Construction Trailer/Container $250 each plus sub trade permits (z) Foundation Prep Work Only $300 residential $500 commercial (aa) Interior Build-Out (pre-permit) $250 residential $350 commercial Planning and Zoning Staff Report – June 18, 2012 LDR Text Amendment – Application Fees 4 (dd) Medical Gas Installation $80 minimum/each (ee) (aa) Custom Bathtub Inspection $ 200 each $ 50 per inspection (hh) (dd) Engineer Letter or Affidavit $ 50 per inspection $ 100 final inspection (ii) (ee) Stocking Permit $ 250 (jj) (ff) Liquor License Review -Business $ 100 per Application -Special Event $ 25 per Application Section 6.3.3. “Sidewalk Café: Finally, the amendment proposes increasing the sidewalk application fee from $4.50 per square foot to $4.75 per square foot of approved sidewalk café space. REQUIRED FINDINGS Pursuant to LDR Section 2.4.5(M)(5), approval of any LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REVIEW BY OTHERS Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: Neighborhood Advisory Council Delray Citizens Coalition Chamber of Commerce Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. RECOMMENDED ACTION By motion, recommend to the City Commission approval of the amendments to the Land Development Regulations Section 2.4.3(K)(1)&(3) and Section 6.3.3(A) regarding proposed increases to certain Development Applications and Permit Fees and increasing the permit fee assessed per square foot of approved sidewalk café space by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: Proposed Ordinance Proposed Permit Fee -Comparative Analysis Based upon our review, the building permit fee on a $200,000 single family home would be as follows: Delray Beach $4,030 Boca Raton $4,767 Boynton Beach $4,600 Deerfield Beach $3,020 Palm Beach County $2,850 Palm Beach Gardens $2,970 Pompano Beach $5,200 West Palm Beach $4,275 9 06/05/12 At its meeting of May 23, 2012, the Site Plan Review and Appearanc e Board considered the waiver request and the Board recommended approval of the Class I modification and staff recommends approval of this waiver. Michael Weiner, Attorney with Weiner, Lynne & Thompson, P.A., 10 S.E. 1 st Avenue, Delray Beach, FL 33444 (speaking on behalf of the applicant ), stated he was calling Mr. Frankel about a client who received a speeding ticket. Mr. Weiner stated the elevation is consistent throughout the building and t his is being proposed so that the café would not be on the sidewalk and further re cessed. Mr. Weiner stated they agree with staff’s recommendation. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. There was no rebuttal. Mr. Carney stated he may potentially have a conflict of interest. Brief discussion between Mr. Carney and Mr. Weiner ensued regardin g the owner. The City Attorney explained that if Mr. Carney does not have a personal gain then no conflict exists. The City Attorney briefly reviewed the Board Order with the C ommission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mrs. Gray moved to adopt the Board Order as presented, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gr ay – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Fra nkel – Yes. Said motion passed with a 5 to 0 vote. 9.D. REQUEST TO INSTALL BRICK PAVERS IN THE CITY RIGHT- OF-WAY/PRESIDENTIAL AUTO LEASING AND SALES: Consider a request from Presidential Auto Leasing and Sales (3201 S. Federal Highway) to install 100-feet of pervious brick pavers in a section of City’s right-of-way al ong the south side of Avenue L approximately 300-feet east of Federal Highway . Richard Hasko, Director of Environmental Services, stated this ite m is a request from Presidential Auto Leasing and Sales on Avenue L (3201 S . Federal Highway). Mr. Hasko stated they have some oversized trucks that deliver vehicles to their site 2-3 times a week and they are too long to negotiate a ccess on and off the site. Mr. Hasko stated 85% of their deliveries are coming on smaller vehicles and t hat they can 10 06/05/12 deal with the maneuvering on their site so that they are not impa cting the right-of-way. He stated 2-3 times a week they have deliveries with these larger trucks a nd their desire is to not have these trucks parked in the roadway restricting traffi c so on occasion they have been pulling off into the swale area. Mr. Hasko stated they are required to maintain that swale area. He stated staff does not have an objection beca use it is not in a residential area and there are no utilities in this vicinity and do not antici pate any drainage issues involved with this. However, the Planning and Zoning Department does have some land use issues based on the prior approvals, etc. Paul Dorling, AICP, Director of Planning and Zoning, stated at its meeting of April 5, 2011, the expansion of this facility to the east was be fore the Commission and an Exhibit was proposed as part of that discussion by the ap plicant that said one of the benefits to allow expansion was that they could incorporate and resolve the loa ding issues that were currently occurring in Avenue L. Mr. Dorling stated the re was an approval in part based upon the assumption that they take care of some l oading issues and when the subsequent site plan came it did not include those staff suggeste d that they incorporate. Mr. Dorling stated they chose not to do that and move forward and g ot approval without accommodating those learning functions. He stated there were som e promises made that now the general public is being asked to accommodate those within the right-of -way. The General Contractor for Presidential Auto Sale commended the C ity Engineering and Building Department staff for their assistance on this project and many others, and stated the way the parking lot is designed is to sit way up so that there would not be any flooding so it sits three feet up elevation raise d. He stated a car hauler had to ramp up his entrance into the parking lot due to that so a car loa der bottoms out and cannot get up in there. He explained that this was the remedy for that. Mayor McDuffie asked why it is 18 feet long. The General Cont ractor stated that is about the length you would need for an 18 wheeler and then to unload it. Mr. Carney asked if staff has any other objections. Mr. Dorling stated there is the overall concern that this creates a precedent a lso because there are a lot of these auto dealerships which are now loading in the street and ar e challenged from a loading perspective. Mr. Dorling stated this scenario would be attractive to many of those that are not complying for one reason or another and it is a p revailing problem in the city that needs to be addressed. Mr. Frankel asked for clarification that staff is recommendin g approval based on a contingency that there is submittal and technical approv al of a detailed engineering plan. Mr. Hasko stated staff is deferring to Pl anning and Zoning on this issue because they have the land use issue. Mr. Hasko stated if the Commission chooses to approve this it would have to be contingent on the submittal of the engineering plan too to do it. 11 06/05/12 Mr. Dorling stated he would prefer that they choose to accommodate it on site as it was originally conveyed to the Commission and staff. Mrs. Gray asked if the site to the right of that is developed yet. Mr. Dorling stated that site immediately to the right is the sit e that is the expansion area for the dealership. He stated in that expansion area they were su pposed to provide loading and parking; however, the applicant maximized and intensified the development without accommodating any of the loading issues. Mrs. Gray expressed concern over the precedent that the city would be setting. Mr. Carney moved to approve the request to install the brick pa vers in the City right-of-way, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie – No; Mr. Carney – No; Mr. Jacquet – No; Mr. Frankel – No; Mrs. Gray – No. Said motion was DENIED with a 5 to 0 vote. 9.E. REVISIONS TO THE SPECIAL EVENT POLICY AND PROCEDURES: Consider approval of proposed revisions to the Special Event Polic ies and Procedures to be effective for events beginning October 1, 2012. Robert A. Barcinski, Assistant City Manager, stated this ite m is the proposed changes to the Special Event Policies and Procedures for events beginning October 1, 2012. Mr. Barcinski stated the major changes are: (1) charge all event producers 100% of City staff overtime costs as well as 100% for all other City services and rentals, (2) charge Old School Square and the Delray Beach Mark eting Cooperative 50% versus 35% of City staff overtime costs as well as 100% for all other City services and rentals, (3) charge all event producers a 5% administrative fee of overtime costs, (4) Provide language that permits the City to charge a deposit for new events, and (5) Only allow three (3) weekends (Saturday and/or Sunday or multiday) be se t aside in any month for events. Mr. Barcinski stated he received recommendations for the following changes from other staff members: (1) require payment of the City invoice in full within 60 days of the invoice date, (2) include provisions to require dumpsters, greas e and oil collection equipment for events as may be determined by staff, and (3) incl ude provisions for Parks Maintenance and Public Works staff support. Mr. Frankel stated he has been approached by the leader of t he Chamber who has a concern about the 5% administrative fee being required b y events paying 100% so in essence they are paying 105%. Mr. Frankel stated he does not feel that the taxpayers should be footing the bill. A lot of these events are making a lot of money so he is in favor of this. Mrs. Gray stated these events help the economy and inquired if the City is going to be assisting the grassroots events in our community. Mr. Jacquet stated as long as they do not require City staff overtime or any support from t he City and it is basically a rental then this policy does not apply. 12 06/05/12 Mr. Carney supports the proposal for the reasons expressed b y Commissioner Gray and Commissioner Frankel. In addition, Mr. Carne y stated with regard to the administrative costs that we have so many indirect costs of non-overtime people that work on these projects and it is really to offset those costs. Mr. Jacquet stated he is in favor of saving the City money. Mr. Frankel moved to approve the revisions to the Special Event Poli cies and Procedures to be effective October 1, 2012, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote . 9.F. SETTLEMENT OFFER IN CRISLER CHACRETON v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $63,500.00 in Crisler Chacreton v. City of Delray Beach. Staff recommends approval. Brian Shutt, Assistant City Manager, stated this is an Of fer of Settlement for $63,500.00 and this case is an auto accident involving one of our Police Offi cer and Mr. Chacreton’s medicals to date are approximately $54,000.00 and it is estimated tha t he will incur $1,400 per year for the rest of his life. Staff recomm ends that the Commission approve the Offer of Settlement for $63,500.00. Mr. Frankel moved to approve the Settlement Offer in the amount of $63,500.00 in Crisler Chacreton v. City of Delray Beach, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed wit h a 5 to 0 vote. 9.G. APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BOARD: Appoint one (1) regular member to serve an unexpired plus two (2) year term ending August 31, 2014 to the Site Plan Review & Appearance Board. Base d upon the rotation system, the appointment will be made by Commissioner Gray (S eat #4). Mrs. Gray moved to appoint Mark Gregory as a regular member to serve an unexpired term ending August 31, 2014, seconded by Mr. Carney. Upon r oll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes ; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint one (1) alternate member and one (1) regular member to ser ve an unexpired term ending July 31, 2013; and one (1) regular member to serve an unexpired plus two (2) year term ending July 31, 2014 to the Financial Review Board. Based upon t he rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4). 13 06/05/12 Mr. Jacquet moved to appoint Rosa Torres-Tumazos as a regular m ember to the Financial Review Board (FRB) to serve an unexpired plus two (2) ye ar term ending July 31, 2014, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; M r. Jacquet – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. For the record, Mr. Frankel stated he spoke to the City Attorne y and the City Clerk’s office that there appears to be a lot of turnover on this board and noted that 17 people have resigned from this board in the last two years. Mr. Frankel moved to appoint Alan Weitz as a regular member t o the Financial Review Board (FRB) to serve an unexpired term ending J uly 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. F rankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray stated she would like to defer her appointment to the r egular meeting of June 19, 2012. 9.I. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint one (1) regular member to the Community Redevelopment Age ncy (CRA) to serve a four (4) year term ending July 1, 2016. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). Mayor McDuffie stated he wished to appoint William Branning as a regular member to the Community Redevelopment Agency (CRA) t o serve a four (4) year term ending July 1, 2016. Mr. Frankel so moved, seconded by Mr. J acquet. Upon roll call the Commission voted as follows: Mr. Carney – Yes; M r. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Sa id motion passed with a 5 to 0 vote. 9.J. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint three (3) regular members from Zone 3, Zone 5 and Zone 6 to serve an unexpired plus three (3) year term ending July 31, 2015 and o ne (1) regular member from Zone 1 to serve an unexpired term ending July 31, 2014. Bas ed on the rotation system, the appointments will be made by Mayor McDuff ie (Seat #5), Commissioner Carney (Seat #1), Commissioner Jacquet (Seat #2) and C ommissioner Frankel (Seat #3). Mayor McDuffie stated he would like to defer his appointment t o the next regular meeting of June 19, 2012. Mr. Carney stated he would like to defer his appointment to the ne xt regular meeting of June 19, 2012. 14 06/05/12 Mr. Jacquet moved to appoint Adam Reback (Zone 6) to serve an unexpired term plus a three (3) year term ending July 31, 2015, s econded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. S aid motion passed with a 5 to 0 vote. Mr. Frankel moved to appoint Mark Behar (Zone 1) as a regular me mber to serve an unexpired term ending July 31, 2014, seconded by Mrs. Gray. Up on roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said mot ion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the du ly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. PUBLIC COMMENTS/FY 2013 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the F Y 2013 Proposed Budget at this time. Mayor McDuffie declared the public hearing open. 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 and Member of the Alliance), stated he would like to know how much will be allocated for the plaintiff’s legal fees for loses and the Caron Foundation lawsuit against the City of Delray Beach. Dr. Kirson would like to know how much as of the next meeting in two weeks has the City spent on this case. He stat ed with regard to the 5% increase that the Commission voted on for the special events he was informed by Sarah Martin that other cities charge 20% on events to make sure that the city is reimbursed for everything. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated it would be a great idea for the budget process to identify essenti al services and non- essential services. Mr. Warner stated public safety is an essentia l service. Steve Blum, Antilles Homeowners’ Association, 115 Venetian Dri ve Unit “C”, Delray Beach, FL 33483, stated Mr. Frankel raised the point that 18 people resigned from the Financial Review Board (FRB). Mr. Blum sta ted he feels that people are frustrated and in the past year the City Manager does not respond to the FRB’s recommendations with the exception of one. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483 (Chairman of the Financial Review Board), stated the FRB is one of the few boards that meets during the day (8:30 a.m.) and this is a hardship for people that work. Ms. Morrison stated not everyone owns their company as does she and does not have the 15 06/05/12 freedom to set their own time. She stated there are many gif ted people in this community who have volunteered for this board. Ms. Morrison stated the FRB has commented on six departments so far and she did receive a recommendation on FRB ’s parking recommendations; however, the rest of the recommendations have not been answered ye t. She echoed Mr. Warner’s concerns about public safety. Ms. Morris on stated the FRB is willing to help in any way they can to help the budget work and i s waiting for guidance from the Commission in response to their work. Mayor McDuffie stated there being no one else who wished to a ddress the Commission regarding the fiscal year 2013 proposed budget, the pu blic hearing was closed. Mayor McDuffie stated every Commissioner has been through an exercise called “Priority Based Budgeting”. Mr. Warner asked if ther e is a document he could read about that meeting. 10.B. ORDINANCE NO. 15-12: Consider an amendment to Chapter 32, “Departments, Boards and Commission”, of the Code of Ordinances by a mending Section 32.09, “Expiration of Terms; Commencement of Terms”, and Sect ion 32.10, “Vacancies”, to clarify that certain appointments made to fill a vacancy, where there is less than six months of the current term left, will also include the following re gular term. The caption of Ordinance No. 15-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, “DEPARTMENTS, BOARDS AND COMMISSIONS”, OF THE CODE OF ORDINANCES BY AMENDING SECTION 32.09, “EXPIRATION OF TERMS; COMMENCEMENT OF TERMS” AND SECTION 32.10, “VACANCIES”, TO CLARIFY THAT CERTAIN APPOINTMENTS MADE TO FILL A VACANCY, WHERE THERE IS LESS THAN SIX MONTHS OF THE CURRENT TERM LEFT, WILL ALSO APPLY TO THE FOLLOWING REGULAR TERM, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-12 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance and stated staff drafted this ordinance in order to provide that if an appointment is made within six months of the end date of the appointment it will automatically rol l over to a new full year term. Also, the City Attorney stated staff did provide tha t the effective date of this 16 06/05/12 ordinance was made to become effective May 15, 2012 (first reading). A public hearing was held having been legally advertised in com pliance with the laws of the State of Florida and the Charter of the City of Delray Be ach, Florida. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Or dinance No. 15-12, the public hearing was closed. Mr. Frankel thanked everyone for their support on this ordinance and stated this ordinance will be beneficial not only for the appointees but fo r the appointers. Mr. Carney moved to adopt Ordinance No. 15-12 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 17-12: Consider approval of a privately-initiated amendment to Land Development Regulations (LDR) Section 4.4.11, “NC (Neighborhood Commercial) District”, Subsection (F), “Developm ent Standards”, Subsection (G), “Supplemental District Regulations”, and Subse ction (H), “Special Regulations”, to modify the regulations for properties within the Wallace Drive Overlay District. The caption of Ordinance No. 17-12 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 SECTION 4.4.11, “NEIGHBORHOOD COMMERCIAL (NC) DISTRICT”, SUBSECTION (F), “DEVELOPMENT STANDARDS”, SUBSECTION (G), “SUPPLEMENTAL DISTRICT REGULATIONS”, AND SUBSECTION (H), “SPECIAL REGULATIONS’, TO MODIFY THE REGULATIONS FOR PROPERTIES WITHIN THE WALLACE DRIVE OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-12 is on file in the City Clerk’s office.) 17 06/05/12 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 i s a privately-initiated amendment to the LDRs that were modified in the NC (Neighborhood Commercial) District for properties located within the Wal lace Drive Overlay District. Mr. Dorling stated these will apply to the NC Zoning District and will apply all of the regulations that currently exist for the previous zoning district for which the property was changed LI (Light Industrial). He stated the applicant would li ke to enjoy the same development standards and those relate to lot size and setbacks. M r. Dorling stated there is also a proposal to eliminate the 4,000 square foot requirement f or structures and it will apply a maximum Floor Area Ratio (FAR) of 0.25, remove the 2,000 square foot maximum floor area for office, and it will eliminate the 10,000 max imum floor area for a single retail use. At its meeting of April 16, 2012, the Planning and Zoning Board considered and the Board recommended approval with a 4 to 0 vote. At it s meeting of May 15, 2012, the City Commission considered this item at first re ading and recommended approval at that time. Mayor McDuffie declared the public hearing open. Jim Zengage, applicant, concurs with staff and thanked Mr. Dorl ing and Mr. Hoggard for all their work with regard to this project. There being no one else from the public who wished to address the Commission regarding Ordinance No. 17-12, the public hearing was closed. Mrs. Gray moved to adopt Ordinance No. 17-12 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:19, p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public Immediately following Public Hearings. 11.A. City Manager’s response to prior public comments and inquiries. The City Manager stated at the last meeting Mr. Potts expressed concern about the condition of the gym floor at Pompey Park and noted that the g ym floor was in the process of being refinished. Secondly, the City Manager stated Dr. Kirson had expressed c oncern about taxpayer dollars being put up to attract the Davis Cup Finals. The City Manager 18 06/05/12 stated the Assistant City Manager referred to the $400,000 as the C ommission was informed when this was being considered. He stated the City exp ects most if not all of this to be covered from other sources other than the City itself directly through sponsorships, commissions, or through other agencies such as the County. The City Manager stated it would not be nearly anywhere near that much i f any of it from City taxpayers. 11.B. From the Public. 11.B.1. Johanna Albrecht, 803 N. Swinton Avenue, Delray Beach, FL 33444, stated she attended the May 1, 2012 City Commission meeting and has not heard back from the Commission. Ms. Albrecht stated she has emailed, request ed a meeting and noted that she will give a copy of the letter she wrote in Ap ril. She expressed concern where we are in a situation in this country where corporations a re having incredible power and the Supreme Court made Citizens United in 2010 increased t hat power. Ms. Albrecht stated there is an election going on right now in Wisconsi n and one side is getting fueled from huge amounts of outside money. She stated she is asking for an opinion from the Commission but also cities around the country and a f ew states are passing resolutions to support an amendment to the constitution that w ould in affect ban corporate personhood and not consider money as free speech. She state d over a hundred cities have done that. Ms. Albrecht stated she has been a reside nt for 13 years and is coming to the Commission as a citizen and asking for a resolution to amend the Constitution is showing that democracy with people having the vote is what matt ers. Mr. Jacquet stated he would be more than happy to speak with Ms. Albrecht regarding her concerns. 11.B.2. Steve Blum, Antilles Homeowners’ Association, 115 Venetian Dri ve Unit “C”, Delray Beach, FL 33483, stated a lot has been said about no bid contracts; the waste management contracts, the beach contracts. Mr. Blum sta ted in a Workshop meeting Mr. Jacquet raised another subject about getting bids from insurance agencies not insurance carriers. Mr. Blum stated agencies will lower t heir commissions and deal with different pools of carriers. Mr. Blum stated from what h e understands we do not get bids at all. Mr. Blum stated Mr. Jacquet asked the City Mana ger about this and the City Manager sidestepped the answer and said that “our agency gets bids.” Mr. Blum stated that was not the question so Mr. Jacquet suggested that he email the City Manager to ask him about this situation. Mr. Blum stated this was approximately 2-3 weeks ago and he has not received a response. Mr. Blum alleged that the Cit y Manager sidesteps questions to the Commissioners and does not respond to the citizens. Mr. Blum s tated the citizens want more response from the Commissioners and the City Manager. The City Manager stated he has not seen Mr. Blum’s email; however, he will ask his secretary to look for it. 11.B.3. Richard Van Gemert, 912 Eve Street, Delray Beach, FL 33483, read a brief statement into the record regarding the South Federal Hig hway Overlay District and stated recently the City has had two major issues come before this Commission directly 19 06/05/12 related to this area; the Walmart on Federal Highway and the D elray Place at the southeast corner of Linton Boulevard and Federal Highway. Mr. Van Gem ert stated both these properties have similar issues. He stated first the City had a big box store Walmart which resulted in a major uproar from the neighborhood and now they ha ve the Delray Place which threatens to destroy or severely degrade the surroundin g single family neighborhood with the redevelopment plans for the property. Mr. Va n Gemert stated he purchased his home in 1995 he was excited about the prospects of living out whatever years he had left in the peace and quiet of this wonderful city. H e stated in the past 17 years he has had to repeatedly come before this Commission and ot her boards to raise various issues which affected his neighborhood. He stated the pro blems are aggregated because Delray is in a state of flux where new is coming in and old is going out. Mr. Van Gemert stated there is a vibrant exciting issue and can be m anaged by good planning. Mr. Van Gemert stated that is where the problems begin. Al l the residents and business owners in Delray Beach are shareholders of this City and the Com mission are its Board of Directors and the City employees are its workers and ever yone is in this together. He stated a major portion of the problems we face are a result of inadequate planning. Mr. Van Gemert urged the Commission to take the necessary steps to get this overlay district completed before we have more issues in this area. He asked the Commission to direct the Planning Director to have the final public hearing scheduled as soon as possible to get the input from the residents who are directly affected and make the right decisions regarding these properties. 11.B.4. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated Mr. Van Gemert’s comments were perfect and asked if the Comm ission can tell the citizens when the hearings on the Overlay District will occur. 11.B.5. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane, Delray Beach, FL 33444, briefly spoke about the Oceanside contract and the cabanas. D r. Kirson stated he has 300 units (650 people) and when he gives somebody a contra ct he keeps his word. He stated bids are tricky and if a vendor gives him a good service he wants to keep that vendor. Dr. Kirson stated you keep your word, abide by the cont ract and get the service that you should get. 11.B.6. David Faustin, 10175 Camino Del Dios, Delray Beach, FL 33446 (continued his comments from March 6 th , April 3 rd , and May 1 st ), stated he stands before the Commission in defense of liberty, the rule of law, and t he United States Constitution. Mr. Faustin stated on February 2, 2011, to obtain a co py of the Police report concerning the case and felt that the report repres ented Soviet style propaganda. Mr. Faustin stated his truthful side of the story was completely missing. Mr. Faustin stated this was done deliberately so that anyone reading the r eport (i.e. State Attorney’s office) would have no problem charging him with the crime. 11.B.7. Bob Turpstra(sp?), 15065 Michaelangelo Boulevard, Delray Beach, FL 33446, stated this country has been expanding its democracy to new citi zens that were included in the original constitution formation of the country (i.e . blacks, women). He stated that is all in danger of being reversed because Ci tizens United gave power to the corporations to be treated as people. He stated these cor porations can spend billions 20 06/05/12 of dollars to buy and sell public officials whereas the peop le only have one vote. Mr. Turpstra stated our country is in great danger of collapsing under the assault from the corporations. He encouraged the City of Delray Beach which was a n All-America City in 2001 to give support to the citizenry by joining the other 100 communiti es in the nation that have decided to call for a constitutional amendment to disa llow the enfranchisement of corporations. 11.B.8. Marilyn Egan, 16413 Berry Way, Delray Beach, FL 33484, commended the Commission for their service to the City and stated i t has been a privilege to live here. Ms. Egan stated she represents democra cy on the resolution issue and as a progressive community and as a leader and one of the best possible examples of citizens and a rising community that Delray Beach would be the p erfect spot to make this resolution. She urged the Commission to show a stand on this issue. 11.B.9. Linda Marsoh, 3110 Sherwood Boulevard, Delray Beach, FL 33445, supports a resolution to support the overturning of the Citizens Uni ted Amendment because in her opinion it is based on a faulty interpretation of the constitution. She stated if Delray Beach wants to be an All-American citizen you have to be able to look into the eyes of your children and explain to them how a corporation becomes a person and how a corporation that is above certain laws is the same as they a re. She stated it is a nonpartisan issue and this ruling has already trickled down and stri pped states like Montana of a century old election laws that leveled the playing field for democrats and republicans. At this point, the time being 7:42 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 16-12: Consider an amendment to Chapter 33 “Police and Fire-Rescue Departments”, Section 33.60, “Definitions”, Section 33.61, “Membership Conditions of Eligibility; Application”; Section 33.62, “Benefit Amounts and Eligibility”; Section 33.63, “Optional Forms of Benefits”; Se ction 33.64, “Contributions”; Section 33.65, “Administration”; Section 33.66, “Finances and F und Management”; Section 33.689, “Retirement Benefit Enhancement”; Secti on 33.70, “Direct Transfers of Eligible Rollover Distributions”; and cr eating Section 33.73, “Termination of the System”, to implement and comply with Chapte r 2009-97, Laws of Florida; Chapter 2011-216; and the Internal Revenue Code; and to comply w ith a court decision. If passed, a public hearing will be held on June 19, 2012. The caption of Ordinance No. 16-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33 "POLICE AND FIRE- RESCUE DEPARTMENTS", SECTION 33.60, "DEFINITIONS" ; SECTION 33.61, "MEMBERSHIP 21 06/05/12 CONDITIONS OF ELIGIBILITY; APPLICATION"; SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY"; SECTION 33.63, "OPTIONAL FORMS OF BENEFITS"; SECTION 33.64, "CONTRIBUTIONS"; SECTION 33.65, "ADMINISTRATION"; SECTION 33.66, "FINANCES AND FUND MANAGEMENT"; SECTION 33.689, "RETIREMENT BENEFIT ENHANCEMENT"; SECTION 33.70, “DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS”; AND CREATING SECTION 33.73, "TERMINATION OF THE SYSTEM", TO IMPLEMENT AND COMPLY WITH CHAPTER 2009-97, LAWS OF FLORIDA; CHAPTER 2011- 216; AND THE INTERNAL REVENUE CODE; AND TO COMPLY WITH A COURT DECISION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-12 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance and stated the Police and Fire Pension Board and the changes are based on requirements in S tate law and the IRS code. He stated in his memo he highlighted the sections that a re more policy decisions for the Commission to make. The City Attorney briefly highlighted the areas where staff has a concern regarding the proposed language of th e ordinance: Section 33.60, 33.61, 33.65, and 33.73. The City Attorney stated the proposed changes/questions were reviewed by the Attorney for the Police and Fire Pension B oard and the only comment they had was on Section 33.73. The City Attorney stated they stated their response was the Division of Retirement likes to have this langua ge in the ordinance. The City Attorney stated in conferring with Jim Linn it is t heir position that if you want the exact language of the Statute in the ordinance then staff can do that; however, the City Attorney stated staff added a paragraph at the end of the ordinance stating “If it is determined by the City Commission that this Retirement Syste m be terminated it shall be terminated in accordance with State law as set forth in Chapt ers 175 and 185, as those Chapters now exist and as they may be amended in the future.” Mr. Frankel stated he is a member of this Board and there h as been lengthy debate over the proposed changes. Mr. Frankel stated he s upports all the changes in particular the change to allow the Fire and Police Chief de signee to sit on the board. Mr. Frankel stated while it is very important for the Police Chief and Fire Chief to serve on this board he would trust in them to select a designee that would r eflect their interest as well as the Police and Fire Department as well as al low them to spend the hours per month on essential city things. He stated the request to extend the term from 2-4 years they felt makes the board more stable as well as a decreas e in turnover and it also helps with the education and the knowledge that goes into serving on the boar d. Mr. Frankel 22 06/05/12 stated the Division of Retirement prefers the change of language. The City Manager stated the problem that he has seen come up a number of times in the course of his career is you may have the exact language of the Statute today but next year the Legislature changes it and you are fol lowing what is in the ordinance but that is no longer what is in the Statute. He stated it is much safer to have the reference to the Statute then if the Statute changes you know w here to look and you are assured that if you are involved in this kind of situation you are following the current law. The City Manager stated he believes the Fire Chief and P olice Chief should be on the board to have the management influence because it is criti cal that we get better performance from the Police and Fire Pension Plan. The City Manager stated he does not agree with extending terms of board members from 2 to 4 year terms. The City Attorney stated people who are not designated such a s the Police Chief and Fire Chief, term limits would not apply to them and other people where the position is designated term limits would not apply to that. Howeve r, the City Attorney stated there are members of the Board (not on the union side) who would still be governed by term limits unless there is something in Chapter 175 a nd 185 that trumps the term limits. Mrs. Gray asked Fire Chief Danielle Connor how she feels about serving on the board. Chief Connor stated she knew when she received this ap pointment that this would be a portion of her job responsibilities and she accepts the opportunity . Mr. Carney expressed concern with the 4 year term. Mrs. Gray concurs with comments expressed by the City Manag er that the Fire Chief and Police Chief should be on the board. Mr. Jacquet stated he does not agree with the change to extend the terms of board members from 2 to 4 years because we need fresh persp ective and new ideas. He made reference to Section 33.65 regarding the fire chief or a firefighter designated by a chief is fine because that allows the chief to sit on the board and if the chief has something more pressing to do they have the option of designating som eone within their choosing to be there. Mr. Jacquet stated he is not in favor of the proposed change to extend the terms of board members from 2 to 4 years. Mayor McDuffie stated the Commission is agreeable with t he proposed changes except for Section 33.65(B). The City Attorney asked the Commission i f there is a consensus to remove the proposed language which would extend the ter ms from 2 years to 4 years. There was brief discussion regarding Section 33.65(A). Chief Connor stated the designee this year has been a Chief Off icer. Brief discussion followed by the Commission and the City Attorney with re gard to the language in Section 33.65(A) regarding the designee. The City Attorne y stated he will work on the changes to the language for second reading. 23 06/05/12 Mr. Frankel moved to approve Ordinance No. 16-12 on FIRST Reading as amended with the suggested language changes as discussed by th e Commission, seconded by Mr. Carney. Upon roll call the Commission voted as fol lows: Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; M ayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 18-12: Consider a city-initiated rezoning from RM (Medium Density Residential) to CF (Community Facilities) f or two parcels of land located on the east side of S.W. 12 th Avenue, approximately 106 feet north of SW 2 nd Street for the Neighborhood Resource Center Expansion. If passed, a public hearing will be held on June 19, 2012 . The caption of Ordinance No. 18-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF SW 12TH AVENUE, 107 FEET NORTH OF SW 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18-12 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this i s a rezoning from RM (Multiple Family Residential) to CF (Communit y Facilities) for the Neighborhood Resource Center Expansion located at 133 S.W. 12 th Avenue. At its meeting of May 21, 2012, the Planning and Zoning Board held a public hearing in conjunction with the request. The Board voted 7 to 0 to recommend approval. The Board emphasized the need to look at the adequacy of on-si te parking during review of the site plan at the Site Plan Review and Appe arance Board and that concern will be carried forward. At its meeting of May 24, 2012, t he CRA recommended approval unanimously. Mr. Carney moved to approve Ordinance No. 18-12 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as foll ows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. 24 06/05/12 Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 20-12: Consider a city-initiated ordinance amending Chapter 110, “Local Business Taxes Generally”, Section 110.15, “Loca l Business Tax Schedule”, to provide for a 5% percent increase in all business t ax fees. If passed, a public hearing will be held on June 19, 2012. The caption of Ordinance No. 20-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, “LOCAL BUSINESS TAXES GENERALLY”, OF THE CODE OF ORDINANCES BY AMENDING SECTION 110.15, “LOCAL BUSINESS TAX SCHEDULE”, TO ELIMINATE OUTDATED BUSINESS CLASSIFICATIONS AND TO PROVIDE FOR AN INCREASE IN THE LOCAL BUSINESS TAX SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20-12 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. Lula Butler, Director of Community Improvement, stated pursuant t o Chapter 205 the City is allowed to increase its business tax receipt every other year by up to 5%. Mrs. Butler stated the last time there was an increas e was 2008. Mrs. Butler stated the City lost a lot of businesses between 2007 and 2010 but in this past year the City has taken in 896 new business applications that have been approve d and there is a 20% increase in home occupations. Staff recommends approval of this ordinance. Mr. Frankel moved to approve Ordinance No. 20-12 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Y es; Mr. Jacquet – No. Said motion passed with a 4 to 1 vote, Commissioner Jacquet dissenting. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, City Att orney and City Commission. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager 25 06/05/12 The City Manager stated at the Palm Beach County League of Cities Installation Luncheon the City received recognition as “Member City of The Year” in recognition of excellence and municipal service. Mr. Carney st ated he was honored to represent the Mayor and City Commission in accepting this re cognition on behalf of the City of Delray Beach. Secondly, the City Manager stated on the June 19, 2012 agenda staff will have the City Attorney and the City Manager evaluations. Lastly, the City Manager stated the Financial Review Board (FRB) went through a period of 1-1½ years where they insisted that no staff be present at their meetings other than a secretary. He stated there was no lia ison and the Board was operating completely on their own. The City Manager stated when the Board sent recommendations they sent them to everyone so staff were not real ly sure if they wanted staff to respond or the City Commission to respond. The City Mana ger stated Rich Reade is the Liaison to the Board and staff is trying to get it back on track. 13.B. City Attorney The City Attorney stated he will be out-of-town this Sunday thr ough Thursday and he will be reachable by cell phone and he will also be checking his emails. 13.C. City Commission 13.C.1. Mr. Jacquet Mr. Jacquet thanked Lula Butler, Dr. Debbie Kaiser, Janet Meeks , and Joe Gillie and everyone else within the City who has worked on this All America application. He stated to potentially be the only municipality to have ever r eceived this recognition three times that is a huge accomplishment and is a testam ent to the work that the residents, taxpayers, and the Commission has done to get this Cit y where it is especially for the reason why we are being recognized for Grade Level Reading. Secondly, Mr. Jacquet stated tomorrow he will be the keynote sp eaker at Orchard View Elementary’s Moving On Ceremony and is looking forward to that. Mr. Jacquet stated he would like the Commission to recognize Sa mantha Kerker (Junior) student at Atlantic High School. Mr. Jacquet state d she was recognized nationally as one of the top ten youth volunteers in the nation for the c ommunity service work that she has done. He stated at a recent Workshop meeting he mentioned something ab out the amount of money that the City is spending on health insurance for employees and the potential of looking at something about smokers and hiring new emplo yees. Mr. Jacquet stated he would like to see something come before the Commission to where they can 26 06/05/12 make the decision whether we want to look into limiting who we hire b ased on that criteria or not. 13.C.2. Mr. Carney Mr. Carney stated he had no comments or inquiries on non-agenda items. 13.C.3. Mrs. Gray Mrs. Gray stated a couple of months ago a citizen sent the C ommission an email about parking meters and how we could create some revenue without parking meters being on Atlantic Avenue and the suggestion was that the Cit y implement a 1-2% fee at the restaurants and that they collect it. She state d she would like to hear both sides of this. The City Manager stated this is getting into some legal que stions about what powers the City has to levy fees and the attorneys would b e better equipped to respond to that then he would; however, if Mrs. Gray has examples of some things being done in other cities that would be very helpful. He stated ther e is a lot of interest in trying to do something else. Mrs. Gray stated she spoke with Diane Colonna, Executive Direc tor of the Community Redevelopment Agency (CRA) today and they realized the 5 th Avenue Plaza does not really have a name. Mrs. Gray stated the suggestion was to see if we could actually name that plaza after Libby Wesley, one of the Founder s of the Roots Cultural Festival. Mrs. Gray suggested that the City get with the CRA and discuss how they can make that happen. 13.C.4. Mr. Frankel Mr. Frankel stated with regard to the Democracy Group he is not against the cause; however, he does not feel this is the right level they are looking for. He stated they are looking for changes in the constitution and noted there is a S tate Constitution and a Federal Constitution. Secondly, Mr. Frankel stated Assistant City Manager Robert Barcinski received a distinguished honor and received the 2012 Assistant for Excel lence in Leadership Award at the Florida City and County Management Assoc iation (FCCMA) Conference on June 1, 2012. Lastly, Mr. Frankel wished his nephew Spencer Harris Fr ankel a happy 1 st birthday on June 8, 2012. 27 06/05/12 13.C.5. Mayor McDuffie Mayor McDuffie congratulated Doug Smith and everyone who worked on the new website. He stated it looks great and it is easy to find things. There being no further business, Mayor McDuffie declared the m eeting adjourned at 8:20 p.m. _________________________________________ City Clerk ATTEST: ____________________________________ M A Y O R 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 Meeti ng held on June 5, 2012, which Minutes were formally approved and adopted by the Ci ty Commission on ________________________. __________________________________________ 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 wil l become the official Minutes only after review and approval which may involve some amendm ents, additions or deletions as set forth above. Ju n e 5, 20 1 2 Ci t y Co m m i s s i o n Me e t i n g ; It e m 9. A . Ju n e 5, 20 1 2 Ci t y Co m m i s s i o n Me e t i n g ; It e m 9. A . Ju n e 5, 20 1 2 Ci t y Co m m i s s i o n Me e t i n g ; It e m 9. B . Ju n e 5, 20 1 2 Ci t y Co m m i s s i o n Me e t i n g ; It e m 9. B . Ju n e 5, 20 1 2 Ci t y Co m m i s s i o n Me e t i n g ; It e m 9. C . Ju n e 5, 20 1 2 Ci t y Co m m i s s i o n Me e t i n g ; It e m 9. C . WORKSHOP MEETING JUNE 12, 2012 A Workshop Meeting of the City Commission of the Ci ty of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, June 12, 2012. Roll call showed: Present - Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet (6:05 p.m.) Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Terrill Pyburn, Assistant City Attorney Kimberly Wynn, Acting City Clerk Mayor McDuffie called the workshop meeting to order a nd announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA 1. Parking Management Options: Mr. Randal Krejcarek, City Engineer presented this it em. Mr. Richard Hasko, Director of Environmental Services and Mr. Scott Aronson, Parkin g Management Specialist was also present. Mr. Krejcarek presented the recommendations made by th e Parking Management Advisory Board and staff. He discussed potential revenues and inc urred expenses for each option including additional personnel costs. Mr. Carney asked what percentage of the revenues wou ld be derived before and after 6:00 p.m. and the projected revenues from using the multi-space meters. Mr. Jacquet asked if the calculations were based on s ix (6) hours per day/7 days per week. He discussed the personnel needed for the proposed program s. He asked who regulated the current collection of parking. Mr. Hasko addressed Mr. Jacquet’s concerns regarding additional personnel. Mr. Aronson discussed the multi-space meter process. Mrs. Gray stated that the split tier system is confu sing. Employee parking should be enforced. She asked about the volunteer fee for business owner s. Mr. Harden advised her that the City Attorney’s office is looking into this program. Mr. Aronson discussed an incentive program for using the park ing meters. Mr. Frankel commented on the convenience of Delray n ot charging for parking. He concurred with Mrs. Gray that a split tier system to charge for parking would be confusing. 2 June 12, 2012 Mayor McDuffie asked what the total number of metere d spaces is. He proposed an employee downtown parking program or maybe an Interlocal Agre ement with Palm Beach County to use the Courthouse Parking Garage. Mr. Jacquet concurred with Mayor McDuffie’s idea of a n Interlocal Agreement. He talked about the collection of fees and suggested that the issue of employe e parking be tackled. Mr. Hasko stated there is no incentive to park in the garage. Mayor McDuffie proposed that the program be tweaked a nd simplified. He discussed an Interlocal Agreement with Palm Beach County for use of the c ourthouse parking garage. He also suggested that the Downtown Development Authority be contacted to confirm the number of employees. Mrs. Gray suggested parking meters be installed and not charge during the daytime. Mr. Frankel stated he is not in favor of the parking meters. If we must have parking meters, then install them on Atlantic Avenue. Mr. Jacquet does not favor parking meters Mr. Harden stated that he is apprehensive about parking meters . Mr. Carney stated that he is not in favor of the pa rking meter program. If meters are needed, only have them on Atlantic Avenue. No parking fees during the day, and a residence program implemented. Mayor McDuffie asked that the fee assessment program be limited to the Central Business District (CBD) area. Mrs. Gray asked about the volunteer merchant program. Ms. Terrill Pyburn, Assistant City Attorney stated t hat she would have to research this with the Ethics Committee. She would prefer to have the opinion of the Ethics Commission. It was the consensus of the Commission to bring back parking options back to a future meeting. 2. Renovations to the Utility Billing Division: Mr. David Boyd, Finance Director presented this item. Mr. David Miller, President of David Miller Associates was also present. Mr. Boyd presented a proposed plan to do full renovatio ns to the Utility Billing Division. He stated the renovations are based on the recommendation s of a study conducted and architectural review of the area. Mr. Boyd advised the three main g oals were to improve customer service, address the concerns of employee safety and accessibil ity to funds, and create a more ADA compliant area. Mr. David T. Harden, City Manager, stated that the imp rovements to the area for safety are needed. Mr. Jacquet questioned how the bond money to fund this project was obtained. Mr. Boyd explained that a bond was refinanced which created a sa vings on the interest. It was the consensus of the Commission to move forw ard with doing full renovations to the Utility Billing Division. 3 June 12, 2012 3. Parks and Recreation FY 2013 Departmental Budget Presenta tion Administrative and Special Events Mrs. Linda Karch, Director of Parks and Recreation, p resented this item. She highlighted the Parks and Recreation functions and divisions, major ac complishments and challenges, personnel and operating costs. In addition, they discussed the bu dget requests. Mrs. Gray asked how we seek sponsorships and donations and who normally sponsors. What is the success rate of the program? She also a sked about lighting at the Pine Grove Park. Mrs. Karch discussed some of the programs that had sponsorship s. She also talked about the lighting at Pine Grove Park. Community Center and Athletics Mrs. Linda Karch, Director of Parks and Recreation, p resented this item. She highlighted the Parks and Recreation functions and divisions, major ac complishments and challenges, personnel and operating costs. In addition, they discussed the bu dget requests. Mayor McDuffie advised that he would like to have the Community Center renovated in the near future. Pompey Park Mrs. Linda Karch, Director of Parks and Recreation, p resented this item. She highlighted Pompey Park’s functions, staffing, revenue, expense s, budget account highlights, programs and special events. Mrs. Gray questioned the need for security at Pompey Park. She thanked Mrs. Karch for her support of the International Netball Association Tourn ament. Mrs. Karch stated that she would re-evaluate the need for secur ity at Pompey Park. “505” Teen Center and Hobbit Skate Park Mrs. Linda Karch, Director of Parks and Recreation, p resented this item. She highlighted Pompey Park’s functions, staffing, revenue, expense s, budget account highlights, program highlights and special events. Veterans Park Mrs. Linda Karch, Director of Parks and Recreation, p resented this item. She highlighted Pompey Park’s functions, staffing, revenue, expense s, budget account highlights, and program highlights. Mayor McDuffie asked if we could engage volunteers to redo the playground. Mr. Carney asked about the plans regarding the buildin g at Veterans Park for a “Family Fun & Fitness Center”. Mr. Jacquet asked if we had anything close west of I-95. 4 June 12, 2012 Catherine Strong Splash Park Mrs. Linda Karch, Director of Parks and Recreation, p resented this item. She highlighted Pompey Park’s functions, staffing, revenue, expense s, budget account highlights, and programs. Mrs. Gray asked what happened to a former employee’s salary; was it moved back to the General Fund? Out of School Mrs. Linda Karch, Director of Parks and Recreation, p resented this item. She highlighted Pompey Park’s functions, staffing, revenue, expense s, budget account highlights, and projects. Ocean Rescue and Aquatics Mr. James Scala, Ocean Rescue Superintendent presented this item. He discussed the organizational chart, primary functions, revenue, e xpenses, budget account highlights, beach attendance, ocean rescue staffing levels, staff/beach attendance, performance measures, capital outlay requests, and future needs. In addition , he highlighted the functions, staffing, revenue, expenses, budget account highlights as well as program highlights for both Pompey Pool and the Delray Swim Club. Parks Maintenance and Cemetery Mr. Tim Simmons, Assistant Director of Parks and Rec reation, presented this item. He discussed the Parks Maintenance Organizational Chart, staffing levels, revenue, expenses, budget account highlights, capital outlay request an d parks maintenance contracts. He also highlighted the management, supervisor, tree trimmin g, facility/building maintenance, general maintenance, irrigation, equipment operatio n and equipment maintenance functions. In addition, he gave an overview of the cemetery orga nizational chart, staffing levels, revenue, personnel and operating costs, maintenance and capital outlay requests. Mr. Simmons also discussed the supervision, interments, and the ge neral maintenance functions. Mayor McDuffie adjourned the Workshop Meeting at 8:34 p.m. ________________________________ Acting City Clerk ATTEST: MAYOR 5 June 12, 2012 The undersigned is the City Clerk of the City of Delr ay Beach, Florida, and the information provided herein is the Minutes of the Workshop Meetin g of the City Commission held on Tuesday, June 12, 2012, which Minutes were formally approved and adopted by the City Commission on July 5, 2012. ________________________________ City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated a bove, 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 in volve amendments, additions or deletions to the Minutes as set forth above. 06/19/12 JUNE 19, 2012 A Regular Meeting of the City Commission of the City of Del ray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the C ommission Chambers at City Hall at 6:00 p.m., Tuesday, June 19, 2012. 1. Roll call showed: Present - Commissioner Thomas F. Carney, Jr. Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - Commissioner Frankel Commissioner Jacquet 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 Linda Mobley wit h Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of A merica was given. 4. AGENDA APPROVAL. Mayor McDuffie stated that Item 9.B., Selection of Solid Waste Collection Services Provider is being removed from the agenda and Item 10.B., Ordinance No. 20-12 has been postponed to a date certain of July 5, 2012. Mrs. Gray moved to approve the Agenda as amended, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gra y – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 3 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Workshop Meetin g of May 8, 2012, seconded by Mr. Carney. Upon roll call the Commission vot ed as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mrs. Gray – Yes. S aid motion passed with a 3 to 0 vote. Mr. Carney moved to approve the Minutes of the Workshop Meeting of May 22, 2012, seconded by Mrs. Gray. Upon roll call the Commission vote d as follows: Mr. Carney – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Sa id motion passed with a 3 to 0 vote. 2 06/19/12 Mrs. Gray moved to approve the Minutes of the Special/Workshop Meeting of May 24, 2012, seconded by Mr. Carney. Upon roll call the C ommission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 3 to 0 vote. 6. PROCLAMATIONS: 6.A. Parks and Recreation Month – July 2012 Mayor McDuffie read and presented a proclamation hereby procl aiming July 2012 as Parks and Recreation Month. Linda Karch, Director of P arks and Recreation came forward to accept the proclamation and gave a few brie f comments. 7. PRESENTATIONS: 7.A. Representative Bill Hager – Update on Legislative Session Representative Bill Hager, stated House District #89 start s at the Broward/Palm Beach County line and encompasses most of Boca Raton about half of Delray Beach and hugs the ocean and the Intracoastal up to Palm B each and through Singer Island. He stated he was on the City Council for the City of Boca Raton for 7 years and thanked the City Commission for their service and noted he understands the sacrifice that goes along with the service. Representative Hager ga ve a brief report on the State of Affairs for the State of Florida. Mr. Hager brie fly spoke regarding bonds (rated AAA) and two years ago there was a $4 billion reduction in revenue wi th respect to the downturn in the economy and cut spending by $4 billion. Mr. Hager stat ed one year ago there was a $2 billion reduction in revenue and they cut spending by $2 billi on. He stated the State of Florida did not increase fees or taxes but at thi s time reduced business taxes. Mr. Hager stated this State ranks 11 th in the United States in terms of its K-12 system and has the highest Hispanic High School graduation rate in the nation a nd Palm Beach County ranks 8 th in the United States in terms of its graduation rate. He st ated they have expended energy making the state attractive so that it can b oom in the out years through creating as much opportunity as possible. Mr. Hager stated 500 Chief Executive Officers were recently surveyed and they ranked Florida the #2 state in the nation from which to start, grow and prosper a business. He stated Florida continues to attract businesses from South America and there are three counties in southeast Florida we have one-third of a million Brazilians who have come here for opportunity. Mr. Hager stated Florida has the 5 th lowest taxes in the nation. Mr. Hager stated he co-sponsored a Bill called Caylee’s Law. Mr. Hager commended the City Commission and its predecessor s for the mind- bending economic upturn they have put in place through good public policy. 3 06/19/12 7.B. I.M.P.A.C.T. (Individual, Mentoring, Program and Collaborative Team) Delray Graduation Presentation Bruce Koeser, Human Resources Director, presented the first gra duating class of Impact Delray. Mr. Koeser stated this group was formed one year ago to deal with a major issue facing the city and that is 83 people are currently in the DROP Program. He stated at least that many people within the ne xt five years will be retiring and many of these individuals are management level and departme nt heads. Mr. Koeser stated the department heads collaborated and came up with a lis t of nine (9) employees who they felt had the potential to move two levels up within the ne xt few years. Mr. Koeser stated they met twice a month for ½ day each and the program cost was $3,000. He stated these employees were exposed to leadership, communi cation skills, municipal pension issues, cultural issues, and general issues in the workplace. Dot Bast, Training and Development Manager, thanked Mr. Koeser and the City Manager for their support and encouragement for this progr am. She stated they had three primary goals with I.M.P.A.C.T. those being: (1) develop leadership competencies, (2) establish individual mentoring relationships with department heads, and (3) create a collaboration team similar to Leadership Palm Beach C ounty. Rick Caldwell, Consultant, came forward and thanked the City of Del ray Beach for selecting them to take this for the last year. Mr . Caldwell introduced the first graduating Class of 2012 for I.M.P.A.C.T. Delray: Charles Furment, Cheryl Hoaglund, Desiree Kazakevicius, Sharon L’Herrou, Maria Marino-Bollan, Sc ott Pape, Nigel Roberts, Tim Simmons, and Kimberly Wynn. Maria Marino and Kimberly Wynn came forward and gave a few brief comments and a PowerPoint presentation highlighting the program. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR A SIDEWALK DEFERRAL/1205 PALM TRAIL: Approve an agreement to defer installing a sidewalk on the west si de of Palm Trail for the property located at 1205 Palm Trail. 8.B. REQUEST FOR A SIDEWALK DEFERRAL/960 DOGWOOD DRIVE: Approve an agreement to defer installing a sidewalk along the south s ide of Dogwood Drive for the property located at 960 Dogwood Drive. 8.C. REQUEST FOR A SIDEWALK DEFERRAL/926 BANYAN DRIVE: Approve an agreement to defer installing a sidewalk along the south si de of Banyan Drive for the property located at 926 Banyan Drive. 8.D. REQUEST FOR A SIDEWALK DEFERRAL/936 HYACINTH DRIVE: Approve an agreement to defer installing a sidewalk along the south side of Hyacinth Drive for the property located at 936 Hyacinth Drive. 4 06/19/12 8.E. LETTER OF SUPPORT/JUSTICE ASSISTANCE GRANT (JAG) FUND: Authorize the Mayor to sign a letter in support of funding alloca tions for Countywide Justice Assistance Grant (JAG) funds for FY 12/13. 8.F. AGREEMENT/FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP): BEACH RENOURISHMENT PROJECT: Approve the Department of Environmental Protection (DEP), Contract No. 12PB1 bet ween the City and the DEP for the state’s cost sharing of the Beach Renourishment Project. 8.G. BULLETPROOF VEST GRANT/DEPARTMENT OF JUSTICE: Authorize staff to submit an application to the Department of J ustice for funding in the amount of $33,600.00 for 48 vests from the Bulletproof Vest Program. If aw arded, the program would provide 50% or $16,800.00 of the cost with the remaining balance to come from 001-2115-521-52.27 (General Fund: Operating Supplies/Equipment < $1,000). 8.H. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA): Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for funding of the broadband service in the NW/SW neighborhoods. 8.I. SUBLEASE AGREEMENT/COMMUNITY REDEVELOPMENT AGREEMENT (CRA)/CREATIVE CITY COLLABORATIVE OF DELR AY BEACH, INC.: Approve a Sublease Agreement with the Creative City Collabor ative of Delray Beach, Inc. and the Community Redevelopment Agency (CRA ) regarding the Old School Square Parking Garage retail space. 8.J. PAYMENT OF INVOICE/ FLORIDA POWER & LIGHT (FPL): Approve payment to Florida Power & Light (FPL) in the amount of $37,998.80 for upgrading the electrical service relating to the Lift S tation 100A Upgrade project. Funding is available from 442-5178-536-69.29 (Water & Sewer Renewal & Re placement Fund: Water & Sewer Trans/Storage Project/LS100A Capacity Upgrade). 8.K. AMENDED AGREEMENT/PALM BEACH COUNTY/DISASTER RECOVERY INITIATIVE (DRI3) PROGRAM: Approve an amended Agreement between the City and Palm Beach County to provide for implementat ion of the Hurricane Hardening of Fire Station #1 funded under the Disaster Recovery Initiative 3 (D RI3). 8.L. MEMORANDUM OF UNDERSTANDING/SOLID WASTE AUTHORITY (SWA)/AMERICAN BEVERAGE ASSOCIATION (ABA): Provide authorization for the City to participate in a pilot public s pace recycling program with the Palm Beach County Solid Waste Authority (SWA) and the American B everage Association (ABA). 8.M. RESOLUTION NO. 24-12/INTERLOCAL AGREEMENT/THE FLORIDA GREEN FINANCE AUTHORITY: PROPERTY ASSESSED CLEAN ENERGY (P.A.C.E): Approve Resolution No. 24-12 in support of the City’s intention to implement the “Florida Green Energy Works Program”, and authoriz e the Mayor to 5 06/19/12 execute an Interlocal Agreement with the Florida Green Finance Authority to administer the program. The caption of Resolution No. 24-12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING THE CITY’S SUPPORT AND INTENTION TO CREATE WITHIN THE CITY, THE “FLORIDA GREEN ENERGY WORKS PROGRAM” A VOLUNTARY PROGRAM PROVIDING INTERESTED PROPERTY OWNERS WITH THE OPPORTUNITY TO FINANCE ENERGY EFFICIENCY IMPROVEMENTS ON THEIR PROPERTY BY REPAYMENT THROUGH NON-AD VALOREM ASSESSMENTS ON THEIR PROPERTY TAX BILL; AUTHORIZING THE MAYOR OF DELRAY BEACH TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE FLORIDA GREEN FINANCE AUTHORITY FOR ADMINISTRATION OF THE FLORIDA GREEN ENERGY WORKS PROGRAM IN THE CITY OF DELRAY BEACH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (The official copy of Resolution No. 24-12 is on file in the City Clerk’s office.) 8.N. RESOLUTION NO. 28-12: Approve Resolution No. 28-12 assessing costs for abatement action required to remove nuisances on twenty-fou r (24) properties throughout the City of Delray Beach. The caption of Resolution No. 28-12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR 6 06/19/12 THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 28-12 is on file in the City Clerk’s office.) 8.O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boa rds for the period June 5, 2012 through June 15, 2012. 8.P. AWARD OF BIDS AND CONTRACTS: 1. None Mr. Carney stated he is the President of the Creative City C ollaborative and asked if there is a conflict with regard to Item 8.I., Sublease Agreement/Community Redevelopment Agreement (CRA)/Creati ve City Collaborative of Delray Beach, Inc. The City Attorney stated since the approval or denial of this lease agreement will not inure to Mr. Carney’s p ersonal gain or loss, there is not a conflict with Mr. Carney’s voting on this item. Mayor McDuffie thanked the CRA for Item 8.H., Interlocal Agreement/Community Development Agency (CRA) because that will allow the City to start its Digital Divide Project. Mr. Carney moved to approve the Consent Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McD uffie – Yes; Mr. Carney – Yes; Mrs. Gray – Yes. Said motion passed with a 3 to 0 vote. 9. REGULAR AGENDA: 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: FIRESTONE AT DELRAY: Consider an appeal of the Site Plan Review and Appearance Board’s decision regarding Firestone at Delray, located at 5190 West Atlantic Avenue. (Quasi-Judicial Hearing) Mayor McDuffie read the City of Delray Beach Quasi-Judici al Hearing rules into the record for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished t o give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex par te communications. The Commission stated they had no ex parte communicat ions to disclose. 7 06/19/12 Paul Dorling, AICP, Director of Planning and Zoning, 2012-109 into the record. Mr. Dorling stated this is an appeal of a Site Plan Review and Appearance Board (SPRAB) denial of a Class I site plan modification a nd architectural elevation change for Firestone located at 5190 W. Atlantic Avenue. Mr. Dorli ng stated on April 25, 2012, the SPRAB considered a Class I site plan modification and the proposal is to change the existing doors which are now glass doors and change them to an all st eel door. He stated SPRAB tabled the item and gave direction to the appli cant that the doors looked too industrial given the high visibility along West Atlantic Avenue in appearance and that the applicant was to come up with solutions. At its m eeting of May 9, 2012, the applicant presented a slightly more decorative door. The SPRAB s uggested that they need to continue to work on it. SPRAB recommended denial with a 5 to 0 vote and that action was appealed by a May 16, 2012 letter from Douglas E. Farle y with Firestone. Mr. Dorling stated Mr. Farley indicated that full vision glass s ervice doors do not comply with Florida Building Code and that the only available commercial s ervice doors that comply with Florida Code are solid steel service bay doors. M r. Dorling stated SPRAB was told that they did not take into account the Florida Building Code but they did. He stated since the appeal was filed staff researched on the we b and found some companies that make that requirement. Staff recommends that the Commissi on deny the appeal and uphold SPRAB’s decision and provide direction to the applicant to provi de a more aesthetically pleasing door that meets Florida Building Code. Douglas E. Farley, Firestone (applicant), stated their manufacturer Clopay is their garage door vendor of choice for all of their stores and they were informed that in order to get the permits approved by Florida Buil ding Code they do not specifically provide a door with glass that would pass the c ode. Mr. Farley stated they are looking at the Brice Parker Door; however, because it is al l glass and hurricane impact it is going to be very expensive. Mr. Farley stated the doors have cost them approximately $20,000 and this is the first city in Florida that they have had this issue with. He stated they are a tire retailer service provider and they fix cars. Mr. Farley stated this store is set back from the street and you cannot se e the bay doors from the street until you drive by. He stated these doors are a more economical solut ion. Scott Porten, Vice Chair of SPRAB, stated Mr. Farley stated he brought the Board a white door and then he brought the Board another white door with a small window. Mr. Porten stated there is probably something else that can be done other than a glass door and feels that there has to be something better than just a big w hite door. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, stated employees in a building with no windows does not seem appropriate. Mrs. Finst stated there is Jiffy Lube within close proximity and asked when they come back and get their doors changed are we are setting a precedent if we change the vote of SPRAB . There being no one else from the public who wished to address the Commission regarding the appeal, the public hearing was closed. 8 06/19/12 Mr. Dorling had no rebuttal. Mr. Farley stated this store is open between 12-14 hours a day a nd the doors are up more than half the day. Mr. Dorling stated staff showed the Commission an all glass doo r to identify that there are other options. He stated SPRAB was p resented with a total steel door or a steel door with a small window. Mr. Dorling stated the ap plicant needs to look into something other than what was proposed. Mrs. Gray stated she is in favor of upholding SPRAB’s decision because she does not want businesses on Atlantic Avenue to look like an industrial park. Mr. Carney concurs with comments expressed by Mrs. Gray. Mayor McDuffie inquired about another Firestone store that is ½-1 mile away and it has the same type of doors on it that were propos ed for this store. Mr. Dorling stated they went to SPRAB for an additional site on northb ound Federal Highway. He stated the desire of the Board was to have a more decorative door and the applicant was successful in getting approval for this more indust rial door because those doors are located on the north side of the building and when passing the building you cannot see the doors unless you look in your rear view mirror as you are going north. Mr . Dorling stated while it would have been better from SPRAB’s poi nt of view the Board allowed the more industrial option in this case. Mayor McDuffie asked if there are acceptable alternat ives for the applicant other than an all glass door. Mr. Dorling stated he beli eves there are other options that are less expensive than an all glass door and feels that SPRAB would consider anything that is brought forward that is better than a steel door with a small window. Mayor McDuffie asked what the applicant has to go through if this is denied. Mr. Dorling stated it would be a Class I architectural ele vation submittal and board review within two weeks with another option. The City Attorney briefly reviewed the Board Order with the C ommission 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 (denying the appeal) seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Sa id motion DENYING the appeal passed with a 3 to 0 vote. 9.B. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 9 06/19/12 9.C. DESIGNATION OF VOTING DELEGATE: Designate the City's voting delegate to the Florida League of Cities’ 86 th Annual Conference to be held at Westin Diplomat in Hollywood, Florida on August 23-25, 2012. Mrs. Gray moved to designate Commissioner Carney as voting delegat e to the Florida League of Cities 86 th Annual Conference to be held at Westin Diplomat in Hollywood, Florida on August 23-25, 2012, seconded by Mr. Carney. Upon roll c all the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 3 to 0 vote. 9.D. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint two (2) regular members to the Downtown Development Authority (DDA) to serve three (3) year terms ending July 1, 2015. Ba sed upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4). Mr. Frankel’s appointment has been deferred to the next regular meeting of July 5, 2012. Mrs. Gray moved to appoint Bonnie Beer as a regular member to the Downtown Development Authority (DDA) to serve a three (3) year term ending July 1, 2015, seconded by Mr. Carney. Upon roll call the Commission voted as fo llows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mrs. Gray – Yes. Sai d motion passed with a 3 to 0 vote. 9.E. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority to serve a four (4) term ending July 14, 2016. Based upon the rotation sys tem, the recommendation for appointment will be made by Commissioner Carney (Seat #1). Mr. Carney moved to reappoint Joseph Hepp as a regular member to the Delray Beach Housing Authority to serve a four (4) year term ending July 14, 2016, seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mr. Carney – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 3 to 0 vote . 9.F. APPOINTMENTS TO THE CIVIL SERVICE BOARD: Appoint two (2) regular members to the Civil Service Board to serve two (2) year terms ending July 1, 2014. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4). Mr. Frankel’s appointment has been deferred to the next regular meeting of July 5, 2012. Mrs. Gray moved to reappoint Carol Clark as a regular member to the Civil Service Board to serve a two (2) year term ending July 1, 2014, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gra y – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 3 to 0 vote. 10 06/19/12 9.G. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint two (2) regular members from Zone 3 and Zone 5 to serve an unexpired plus three (3) year terms ending July 31, 2015 to the Neighb orhood Advisory Council. Based on the rotation system, the appointments will be made by Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1). Mayor McDuffie stated he wished to appoint Wendy Smith (Zone 3) as a regular member to the Neighborhood Advisory Council (NAC) to serv e an unexpired term plus three (3) year term ending July 31, 2015. Mrs. Gray s o moved, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayo r McDuffie – Yes; Mr. Carney – Yes; Mrs. Gray – Yes. Said motion passed with a 3 to 0 vote. Mr. Carney moved to appoint Dorothy Payne (Zone 5) as a regular member to the Neighborhood Advisory Council (NAC) to serve an unexpir ed plus three (3) year term ending July 31, 2015, seconded by Mrs. Gray. Upon rol l call the Commission voted as follows: Mr. Carney – Yes; Mrs. Gray – Yes ; Mayor McDuffie – Yes. Said motion passed with a 3 to 0 vote. 9.H. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) alternate member to serve an unexpired term ending July 31, 2013 to the Financial Review Board. Based upon the rotation system, the ap pointment will be made by Commissioner Gray (Seat #4). Mrs. Gray moved to appoint Patricia Maguire as an alternate m ember to the Financial Review Board (FRB) to serve an unexpired term endi ng July 31, 2013, seconded by Mr. Carney. Upon roll call the Commission voted as foll ows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 3 to 0 vot e. At this point, the time being 7:01 p.m., the Commission moved to the dul y advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. PUBLIC COMMENTS/FY 2013 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the F Y 2013 Proposed Budget at this time. There were no public comments regarding the fiscal year 2013 P roposed Budget. 10.B. ORDINANCE NO. 16-12: Consider an amendment to Chapter 33 “Police and Fire-Rescue Departments”, Section 33.60, “Definitions”, Section 33.61, “Membership Conditions of Eligibility; Application”; Section 33.62, “Benefit Amounts and Eligibility”; Section 33.63, “Optional Forms of Benefits”; Se ction 33.64, “Contributions”; Section 33.65, “Administration”; Section 33.66, “Finances and F und Management”; Section 33.689, “Retirement Benefit Enhancement”; Secti on 33.70, 11 06/19/12 “Direct Transfers of Eligible Rollover Distributions”; and cr eating Section 33.73, “Termination of the System”, to implement and comply with Chapte r 2009-97, Laws of Florida; Chapter 2011-216; and the Internal Revenue Code; and to comply w ith a court decision. The caption of Ordinance No. 16-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33 "POLICE AND FIRE- RESCUE DEPARTMENTS", SECTION 33.60, "DEFINITIONS" ; SECTION 33.61, "MEMBERSHIP CONDITIONS OF ELIGIBILITY; APPLICATION"; SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY"; SECTION 33.63, "OPTIONAL FORMS OF BENEFITS"; SECTION 33.64, "CONTRIBUTIONS"; SECTION 33.65, "ADMINISTRATION"; SECTION 33.66, "FINANCES AND FUND MANAGEMENT"; SECTION 33.689, "RETIREMENT BENEFIT ENHANCEMENT"; SECTION 33.70, “DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS”; AND CREATING SECTION 33.73, "TERMINATION OF THE SYSTEM", TO IMPLEMENT AND COMPLY WITH CHAPTER 2009-97, LAWS OF FLORIDA; CHAPTER 2011- 216; AND THE INTERNAL REVENUE CODE; AND TO COMPLY WITH A COURT DECISION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-12 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance and stated st aff has modified the ordinance pursuant to Commission’s direction. A public hearing was held having been legally advertised in com pliance 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. Joe Liguori, Captain of the Delray Beach Fire-Rescue Departmen t and Chairman of the Police and Fire Pension Board, stated regarding Section 2 earnings for Police Officers that the words “fiscal year” be removed and the wording “compensation per year” is sufficient and would not be discriminat ory against any police officer who may retire early in a fiscal year and not gain a n opportunity to gain the 25 12 06/19/12 hours of overtime. For example, Mr. Liguori stated if the words “f iscal year” are left in then someone retires in December they would only get two months out of that particular year which starts October 1 st to accumulate their hours and may not get an opportunity to get those 25 hours of overtime. Mr. Liguori stated he consulted with t he pension attorney who stated that would be sufficient. Brief discussion between the Commission and staff followed. Mr. Liguori stated Section 3 of the ordinance and the medical exam is already done for the police and fire hire does not need to be in the ordinance for the pension plan because it would be duplication. Mr. Liguori stated t he exam for police and fire hire is more stringent than what is required for the pension plan and it would be an extra administrative expense. He stated with regard to Secti on 33.61(A)(3)(b) mentions the Civil Service Board and the Board will take Mr. Linn’s recomme ndation on that. Mr. Liguori stated with regard to Section 7 and the option of the designat ion of the police chief and fire chief. He stated by adding the option the City is not creating that designee but just allowing that in the future. Mr. Liguori stated it i s not really the police chief’s option or the fire chief’s option; they work for the City Mana ger and if he directs them to be on the Board they will obey the order. The City Attorney stated the ordinance has been changed to add the o ption that the Fire Chief can appoint someone with a minimum rank of Chief Officer and the Police Chief can appoint someone with a minimum rank of Captain. M r. Liguori stated the State would not allow that to be written in the ordinance. The C ity Attorney stated he is not aware of that. Mr. Liguori stated it is the Boards desire is to have four (4) y ear terms versus two (2); however, they will not oppose it. He stated with regard to Section 11 termination language as written is fine. There being no one else from the public who wished to address the Commission regarding Ordinance No. 16-12, the public hearing was closed. Mr. Carney moved to postpone Ordinance No. 16-12 to a date certa in of July 5, 2012, seconded by Mrs. Gray. Upon roll call the Commission vot ed as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mrs. Gray – Yes. S aid motion passed with a 3 to 0 vote. 10.C. ORDINANCE NO. 18-12: Consider a city-initiated rezoning from RM (Medium Density Residential) to CF (Community Facilities) f or two parcels of land located on the east side of S.W. 12 th Avenue, approximately 106 feet north of S.W. 2 nd Street for the Neighborhood Resource Center Expansion. The caption of Ordinance No. 18-12 is as follows: 13 06/19/12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF SW 12TH AVENUE, 107 FEET NORTH OF SW 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18-12 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 stated he has read the rules for Quasi-Judicia l Hearings; however, if anyone has walked in since the Quasi-Judicial rules were read and have not been sworn in and wish to speak on this item, to step forward and be sworn in by the Clerk. Mayor McDuffie asked the Commission to disclose their ex par te communications. Mrs. Gray, Mayor McDuffie, and Mr. Carney had no exparte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2012-140 into the record. Mr. Dorling stated this is a rezoning from RM (Medium Density Residential) to CF (Community Facilities) to accommodate the N eighborhood Resource Center (NRC) expansion located at 133 S.W. 12 th Avenue. Mr. Dorling stated it is lots 9 & 10 and is approximately 13,939 square feet and it had a single famil y home on it and was demolished in July 2011. At its meeting of May 21, 2012, the Planning and Zoning Board held a public hearing and recommended approval with a 7 to 0 vote. At its meeting of June 5, 2012, the City Commission recommended approval of this item on first reading. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Or dinance No. 18-12, the public hearing was closed. 14 06/19/12 Mrs. Gray moved to adopt Ordinance No. 18-12 on Second and FINAL Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Sai d motion passed with a 3 to 0 vote. 10.D. ORDINANCE NO. 20-12: Consider a city-initiated ordinance amending Chapter 110, “Local Business Taxes Generally”, Section 110.15, “Loca l Business Tax Schedule”, to provide for a 5% percent increase in all business tax fees. The caption of Ordinance No. 20-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, “LOCAL BUSINESS TAXES GENERALLY”, OF THE CODE OF ORDINANCES BY AMENDING SECTION 110.15, “LOCAL BUSINESS TAX SCHEDULE”, TO ELIMINATE OUTDATED BUSINESS CLASSIFICATIONS AND TO PROVIDE FOR AN INCREASE IN THE LOCAL BUSINESS TAX SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20-12 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 Or dinance No. 20-12, the public hearing was closed. Mr. Carney moved to postpone Ordinance No. 20-12 to a date certa in of July 5, 2012, seconded by Mrs. Gray. Upon roll call the Commission vot ed as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. S aid motion passed with a 3 to 0 vote. At this point, the time being 7:20 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 15 06/19/12 11.A. City Manager’s response to prior public comments and inquiries. The City Manager stated at the last meeting Mr. Blum inqui red about the City’s insurance broker and he provided Mr. Blum with the responses to the RFP in 2008 and the minutes of the Commission where the Commission decided to award that contract to Plastridge and also the agenda backup from 2011 which supported the Commission’s decision to extend the contract for another year as provided in the additional awar d. Secondly, the City Manager stated Mr. Van Gemert and Mr. War ner inquired about the South Federal Highway Plan and noted that the Neig hborhood Workshop is tentatively scheduled for July 10, 2012 and it would go to the Planning and Zoning Board on July 16, 2012. 11.B. From the Public. 11.B.1. Gerry Franciosa, 939 Eve Street, Delray Beach, FL, distributed an article entitled “Trash Talk” and stated he has sent his t houghts to the Commission about Waste Management. Secondly, Mr. Franciosa suggested that the Commission move public comments to 7:00 p.m. He stated people are encouraged to give t heir comments but Item #10 Public Hearings can sometimes go on and on and people sit here 45 minutes to an hour waiting to speak on an issue. However, Mr. Franciosa stated if people knew they could speak at 7:00 p.m. and then go home it would be a lot better for many people. Mr. Franciosa suggested moving #11, Comments and Inquiries on non-agenda ite ms up to #10 and move #10, Public Hearings down to #11. Mr. Franciosa suggested that the Commission video stream the W orkshop meetings. 11.B.2. Denise James, 4850 N.E. 5 th Avenue, Apt. #105, Boca Raton, FL 33431, stated she wants to make sure that the Leadership Group that just graduate d had in the curriculum accountability. Ms. James stated leaders whether they are Kings or Queens, Bishops, Presidents, Commissioners, or the pawns need accounta bility because of human nature. Mayor McDuffie stated the City has two Ethics Commissions to assure that. 11.B.3. Michael A. Braid, 418 E. Atlantic Avenue, Delray Beach, FL 33483 (owner of the Orange Leaf Yogurt Café (self-serve yogurt café), stated he put in a custom counter along the east wall and he would like to put in four bar stools. Mr. Braid stated he was told by the City that he would be classified as a restaurant and he would have to contribute $95,000 because now he has become a restaurant in order to put in four bar stools. Mr. Braid stated he gets the older people this time of year who complain that they cannot sit in air conditioning. He distributed before and a fter photos of his 16 06/19/12 business to the Commission. Mr. Braid stated they are members of the Chamber of Commerce and participate at all the events. He stated m ost of his customers are already on the Avenue having dinner and stop in his shop for dessert. Mr. Brai d stated when he constructed his business the State required him to have two handicapped size bathrooms and he cannot lock the restrooms off to the public. He stated ever yone from the Avenue comes into his business whether or not they buy yogurt and feels he is the public restroom for Atlantic Avenue. He urged the Commission to allow him to put in four barstools on the side wall and stated he has already spent $375,000 to c reate this business. At this point, the time being 7:29 p.m., the Commission moved back to Item 9.I., City Manager Evaluation and Item 9.J., City Attorney Evaluation of the Regular Agenda. 9.I. CITY MANAGER EVALUATION 9.J. CITY ATTORNEY EVALUATION Mr. Carney stated when he was at the CRA the Executive Direc tor would provide them with basic information sheets and after they fille d them in they would have a meeting with the person being reviewed to go over it. He st ated this may be a way of evaluating the City Manager and the City Attorney. The City Manager and the City Attorney stated they have tur ned their forms into the Commission. The City Manager stated Commissioner Frankel has responded and indicated that he did not see the need to meet. The City Manager stated what has typically been done in the past is Commissioners do that individually and then at the Commission meeting the Commissi on can give an overview of their opinion. Mrs. Gray stated she has been meeting or calling the City Manager and the City Attorney and feels she has been evaluating them on a daily basis. However, Mrs. Gray stated if the Commission wants to go to the system that Mr . Carney is suggesting it is fairly simple. Mayor McDuffie stated there is a form to evaluate the Cit y Attorney and City Manager and feels the forms should be filled out. After brief discussion, it was the consensus of the Commission to f ill out the standard forms so that everyone is working on the same document for the City Manager and City Attorney’s evaluation; and, then the Commission will meet with both the City Manager and City Attorney individually then bring this item back to a regular meeting for an overview discussion. 17 06/19/12 12. FIRST READINGS: A. None 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager reminded the Commission that he will not be h ere for the July 5, 2012 meeting because he will be celebrating his 40 th wedding anniversary. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Carney Mr. Carney had no comments or inquiries on non-agenda items. 13.C.2. Mrs. Gray Mrs. Gray stated International Net Ball will be having thei r tournament at Atlantic High School starting on Saturday and the finals will be on Sunday. Secondly, Mrs. Gray stated with regard to West Atlantic Avenue last week the CRA put out some proposals and rejected both proposals. She talked to some developers and they expressed concern over the depth of 150 feet and a sked if staff could look into obtaining some better proposals for West Atlantic Avenue. At this point, the City Manager stated with regard to the na ming of the 5 th Avenue Plaza he and Diana Colonna have discussed that and the CRA is st arting work on getting that done. Lastly, Mrs. Gray stated she would like to know the history of the Financial Review Board (FRB) and how they are supposed to look at the overall budget. She expressed concern over the turnover and asked if this is still something that staff needs to look into. 13.C.3. Mayor McDuffie Mayor McDuffie reminded everyone that there is a fundraiser on Thursday, June 21, 2012 at 6:00 p.m. at Crane’s Beach House for the Spady Museum. Secondly, Mayor McDuffie stated he has been working on a project with the CRA since the stimulus funding began and thanks to the contributi on from the CRA 18 06/19/12 the project is totally funded. He stated within the next few weeks the City will begin a project of blanketing the northwest/southwest communities from L ake Ida Road to S.W. 10 th Street and from Swinton Avenue to Congress Avenue with wireless cove rage with permission from FPL to mount on their poles and every home with a c hild on free or reduced lunch will have free access to wireless and that home will also be presented with a personal computer and a wireless router. He stated the PC’s have been refurbished by S.D. Spady Elementary and Atlantic High School and some are direc tly from the School District. Mayor McDuffie stated the City has agreed to provi de a Parks and Recreation van to transport the ones that are done by the School District and have agreed to house the PC’s. The TED Center will be doing the training and no one will be given a PC until they go through the training. Mayor McDuffie stated he is not sure as of yet whether Florida Atlantic University or Palm Beach State is going to b e the Help Desk. He thanked everyone involved and stated the kick off for this project will be July. Mayor McDuffie stated with regard to the lack of parking ther eof, he promised he would call about the County Courthouse Parking Garage and the City now has access after working hours to that parking facility from now on seven days a week. He stated this adds approximately 500 parking spaces to the ga rage spaces in Delray Beach. He stated the Aquacrest Pool may soon fall under the management of the City of Delray Beach through an Interlocal Agreement with Palm Beach County . Mayor McDuffie stated he has checked with the Downtown Developm ent Authority (DDA) to see how many employees are working downtown t o see what the City is confronted with in trying to park these employees. He stated ther e are in excess of 3,000 employees on Atlantic Avenue. Mayor McDuffie stated the DDA , the Parking Management Advisory Board (PMAB) and someone from Planning and Zoning ar e now breaking it down into times of day how many employees are at work by shifts so the City can see how they can arrange to park them now that we have acces s to three garages. He stated all that has to be done is to put a guard at the garage a nd clean it. Mayor McDuffie stated he hopes to move ahead with the employee counts and find out how many we have at every time of day and come up with a parking management p lan for the employees to get them out of the downtown area and not be taking our parking places away from the patrons. There being no further business, Mayor McDuffie declared the m eeting adjourned at 7:44 p.m. __________________________________________ City Clerk 19 06/19/12 ATTEST: ____________________________________ M A Y O R 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 Meeti ng held on June 19, 2012, which Minutes were formally approved and adopted by the City Commission on ________________________. __________________________________________ 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 wil l become the official Minutes only after review and approval which may involve some amendm ents, additions or deletions as set forth above. Ju n e 19 , 20 1 2 Ci t y Co m m i s s i o n Me e t i n g ; It e m 9. A . Ju n e 19 , 20 1 2 Ci t y Co m m i s s i o n Me e t i n g ; It e m 9. A . WHEREAS, Carolyn Riley Patton has worked tirelessly the past 25 years to preserve historic buildings in her native Delray Be ach, including the Cason Cottage, the Sandoway House Nature Center and the Franklin H ouse; and WHEREAS, Mrs. Patton helped lead a citizen group’s effort i n 1995 to purchase the Sandoway House and transform it into a marine education center in order to save it from being torn down and replaced by condos; and WHEREAS, she was instrumental in securing grants and privat e donations totaling more than $1 million to purchase and rehab ilitate the historic house at 142 S. Ocean Blvd. It now has a 100 year lease with the ci ty and cannot be sold to developers; and WHEREAS, she helped with the Grand Opening of the Sandoway House in 1998 and served on the board of the non-profit orga nization from its inception until recently stepping down; and WHEREAS, she has been instrumental in raising annual operat ing expenses for the Center, by organizing and promoting yearly Galas, golf tournaments and other events; and WHEREAS, she has volunteered thousands of hours of her time to the Center and continues to obtain grants to help keep grounds historic and landscaped; and WHEREAS, The Sandoway House Nature Center is now listed on the city, state and national registers of Historic Places, la rgely because of her efforts. NOW, THEREFORE, I, NELSON S. McDUFFIE , Mayor of the City of Delray Beach, Florida, on behalf of the City Commis sion and the citizens of Delray Beach, do hereby extend our heartfelt thanks and ap preciation to: CAROLYN PATTON CAROLYN PATTON CAROLYN PATTON CAROLYN PATTON and call upon all present to acknowledge and applau d her longtime outstanding and exemplary dedication, multitudinous contributions a nd accomplishments to the City of Delray Beach, its residents and this community. IN WITNESS WHEREOF , I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 5 th day of July, 2012. ____________________________ NELSON S. McDUFFIE MAYOR MEMORANDUM TO:Mayor and City Commissioners FROM:Dot Bast, Training and Development Manager THROUGH:Bruce Koeser, Human Resources Director David T. Harden, City Manager DATE:May 30, 2012 SUBJECT:AGENDA ITEM 7.A. - REGULAR COMMISSION MEETING OF JULY 5, 2012 RESOLUTION NO. 26 -12 ITEM BEFORE COMMISSION Presentation of 30 Year Service Award to Fiel Brons on, Water Meter Reader. BACKGROUND In accordance with the City’s service award policy, employees with 30 years of continuous full-time service are to be honored by the City Commission wi th a resolution and plaque. Fiel Bronson, Water Meter Reader achieved this milestone on April 20, 2 012. RESOLUTION NO. 26-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING FIEL BRONSON FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Fiel Bronson was hired by the City of Delray Beach as a Police Department Custodian on April 20, 1982 and on April 2 0, 2012 reached a milestone in his career, having achieved thirty years of full-time service with the C ity; and WHEREAS, Fiel Bronson became a Water Meter Reader on Septemb er 21, 1987 and has continued to serve his community in this position with honor and distinction; and WHEREAS, Fiel has had a steadfast career with the Finance/Util ities Customer Service Department that included unprecedented, uninte rrupted service as a Water Meter Reader; and WHEREAS, Fiel has established himself as a loyal, trusted and committed employee to his department and the citizens that he serves; and WHEREAS, the City of Delray Beach and the Finance/Utilities C ustomer Service Department are honored to have had Fiel as a valued me mber of the municipal team over the past thirty years and appreciate his continued service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSI ON OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Be ach hereby recognizes and commends Fiel Bronson for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Fiel Bronson for his many years of service, and wishes him the be st of health and happiness in his continued employment. PASSED AND ADOPTED in regular session on this the 5th day of July 2012. ___________________________________ MAYOR ATTEST: __________________________________ CITY CLERK SERVICE AWARD Presented to Fiel Bronson As a token of our esteem and gratitude for your 30 years of outstanding contributions and distinguished service to The City of Delray Beach Finance Department April 20, 1982 – April 20, 2012 MEMORANDUM TO:Mayor and City Commissioners FROM:Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH:City Manager DATE:June 27, 2012 SUBJECT:AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF JULY 5, 2012 RESOLUTION NO. 29 -12 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS)/109 FERN COURT ITEM BEFORE COMMISSION The item before the City Commission is approval of the tax exemption request for improvements to the property located at 109 Fern Court, Del-Ida Park Hi storic District. BACKGROUND The subject property originally consisted of a circ a 1954 ranch style structure designated as contribu ting to the Old School Square Historic District. At its meeting of August 3, 2011, the HPB approved a Certificate of Appropriateness (COA) for additions and alterations primarily associated with a one-story rear addition of approximately 824 square feet. ANALYSIS The improvements, both interior and exterior, are c omplete, and a Certificate of Occupancy (CO) was issued on March 22, 2012. The applicant is now appl ying for tax exemption status for those improvements. The HPB considered the tax exemption request at the ir June 6, 2012 meeting and recommended approval of the Ad Valorem Tax Exemption Applicatio n Parts 1 and 2. The tax exemption will apply only to the difference in assessed value after the eligible property improvements. The applicant is now before the City Commission for final approval of Part 2 of the exemption request. If approved, the request will be forwarded to the P alm Beach County Property Appraiser’s Office and the Palm Beach County Planning and Zoning Departmen t for recordation and final appraisal of the improvements. Additional background and an analysis of the request are provided in the attached HPB Memorandum Staff Report. The request contains qualifying improvements under LDR Section 4.5.1(M)(5)(a)(i)-(iv) and is compliant with the City’s Land Development Regulations, the Historic Preser vation Design Guidelines, and the Secretary of the Interior’s Standards for R ehabilitation. Pursuant to LDR Section 4.5.1(M)(10), the "Final Ap plication/ Request for Review of Completed Work" was submitted within eighteen (18) months of the CO. The City’s Community Improvement Department has verified that the work has been comp leted, passed the final inspection, and the Certificate of Occupancy was issued on March 22, 20 12. As mandated by LDR Section 4.5.1(M)(10), the Histor ic Preservation Board reviewed the Final Application at its meeting of June 6, 2012, and det ermined that the completed improvements were in compliance with the previously approved request. Pu rsuant to LDR Section 4.5.1(M)(12), upon approval of a Final Application/Request for Review of Completed Work by the Historic Preservation Board, the Final Application shall be placed by res olution on the agenda of the City Commission for approval. The expenditures associated with the qualifying imp rovements total approximately $140,000. The tax exemption will be limited to the increase in assess ed value (as determined by the Palm Beach County Property Appraiser) and result in an abatement of t axes on the City and County portions for a period o f ten years from the date of approval. RECOMMENDATION Approve the tax exemption request, “Part 2/Final Ap plication Request for Review of Completed Work ” for site improvements to the property located at 10 9 Fern Court, Del-Ida Park Historic District, based upon positive findings with respect to LDR Sections 4.5.1(M)(5)(a)(iii) and (M)(5)(b) and the Delray Beach Historic Preservation Design Guidelines. RESOLUTION NO. 29-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO PAUL H. ZACKS AND MICHELE S. ZACKS. FO R THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 109 FERN COURT, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(M)(5); PROVIDING AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the “City”), is designed to preserve, protect, enhance, and perpetuat e resources which represent distinctive and signific ant elements of the City’s historical, cultural, social , economic, political, archaeological, and architect ural identity; and/or serve as visible reminders of the City’s culture and heri tage; and WHEREAS, the citizens of Florida amended the Florida C onstitution, Article VII, Section 3, to authorize counties and municipalities to grant a par tial ad valorem tax exemption to owners of historic properties for improvements to such properties whic h are the result of the restoration, renovation, or rehabilitation of the historic properties; and WHEREAS, the City of Delray Beach City Commission has appro ved an ordinance providing for an ad valorem tax exemption for the restoration, renovati on, and/or improvement of historic properties (Ordinan ce No. 50-96); and WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase interest in restoring, renovating, and improving the City’s historic structures; and WHEREAS, Ordinance No. 50-96 provides that on comple tion of the review of a Final Application/Request for Review of Completed Work, th e Historic Preservation Planner shall present such Final Application in a regularly scheduled meeting o f the Historic Preservation Board and shall recommend that the Historic Preservation Board grant or deny the exempti on; and WHEREAS, the property owners filed a Preconstructio n Application and Completed Work Application for review by the Historic Preservation Board on June 6, 2012, of an ad valorem tax exemption for the historic restoration, renovation, and improvemen t of the property located at 109 Fern Court, and the Historic Preservation Board determined that the comple ted improvements were consistent with LDR Section 4.5.1(M)(5) and recommended approval to grant an ad val orem City tax exemption to Paul H. Zacks and Michele S. Zacks. for the restoration, renovation, and impro vement to the property located at 109 Fern Court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISS ION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 2 Res No. 29-12 Section 1 . The City Commission hereby determines that the co mpleted improvements to the property located at 124 North Swinton Avenue, as described in t he application for ad valorem tax exemption filed wit h the City, were consistent with LDR Section 4.5.1(M)(5). Section 2 . The City Commission hereby approves an ad valorem tax exemption to the property owner, Paul H. Zacks and Michele S. Zacks., for a ten year period, commencing on 1/1/13, from that portion of ad valorem taxes levied on the increase in assessed valu e, between the years 1/1/13 – 12/31/22, resulting from the renovation, restoration, and rehabilitation of t he property located at 109 Fern Court, which propert y is legally described as follows and which improvements ar e described in HPB Certificate of Appropriateness No. 2011-109: Lot 14 and Southwesterly 20’ of Lot 15, Block 15, Del Ida Par k Section 3 . Prior to the ad valorem tax exemption described her ein being effective, Paul H. Zacks and Michele S. Zacks, shall execute and record a restric tive covenant in a form established by the State of Florida, Department of State, Division of Historical Resourc es, requiring the qualifying improvements be mainta ined during the period that the tax exemption is granted. A copy of the recorded covenant shall be provided to th e City’s Historical Preservation Planner. Section 4 . This resolution shall take effect in accordance with la w. PASSED AND ADOPTED in regular session on the _____ day of _____________, 201_. _____________________________________ ATTEST: M A Y O R ________________________________ City Clerk MEMORANDUM TO:Mayor and City Commissioners FROM:Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH:David T. Harden, City Manager DATE:June 26, 2012 SUBJECT:AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF JULY 5, 2012 RESOLUTION NO. 30 -12/ABANDONMENT OF UTILITY EASEMENT ITEM BEFORE COMMISSION Approve Resolution No. 30-12, abandoning a 10’ x 10 0’ utility easement located at 633 North Ocean Boulevard. BACKGROUND The City currently maintains a 10' x 100' utility e asement at 633 North Ocean Boulevard along the fron t (west) lot line, adjacent to North Ocean Boulevard, that was dedicated on the Plat for “Hancock Subdivision” (Plat Book 76, Page 175) and recorded February 28, 1 996. The subject property, which is located on the east side of North Ocean Boulevard, is currently undeveloped and a new single-family house is proposed on the property with a driveway a nd landscaping to be located within the easement. The easement is not needed by the City to service the property and the property owner is seeking its abandonment. REVIEW BY OTHERS Pursuant to the City's Land Development Regulations (LDR) Section 2.4.6(N)(5), a finding must be made prior the City Commission granting an abandonm ent that the abandonment will not be detrimental to the provision of utility services to adjacent pr operties or the general area. There are no utilities within the easement area and the easement is not needed to service the adjacent properties or the general area. The City’s Environmental Services Department has reviewed th e request and has no objection to the abandonment. Florida Po wer & Light (FPL), Comcast Cable, Florida Public Utilities Company and AT&T have all reviewed the re quest and have no objection to the abandonment. RECOMMENDATION Approve Resolution No. 30-12, abandoning a 10’ x 10 0’ utility easement dedicated via the Plat for Hancock Subdivision, as recorded in Plat Book 76, P age 175, of the Public Records of Palm Beach County, Florida, located at 633 North Ocean Bouleva rd; and finding that the request and approval thereof is consistent with the Comprehensive Plan a nd meets criteria set forth in Section 2.4.6(N)(5), Abandonment of Public Easements, of the Land Develo pment Regulations. RESOLUTION NO. 30-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED ON THE PROPERTY AT 633 NORTH OCEAN BOULEVARD, DELRAY BEACH, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". WHEREAS, the City of Delray Beach, Florida, received an appl ication for abandonment of a utility easement dedicated via the Plat of “Hancock Subdivision”, as recorded in Plat Book 76, Page 175 of the Public Re cords of Palm Beach County, Florida, located at 633 North Ocean Boulevard, and as more p articularly described in Exhibit "A"; and WHEREAS, the application for abandonment of said easement wa s processed pursuant to Section 2.4.6(N), "Abandonment of Publi c Easements ", of the Land Development Regulations of the City of Delray Beach, Florida; a nd WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the applica tion was forwarded to the City Commission with the recommendation that th e abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Fl orida, pursuant to LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent propertie s or the general area, that its interest in the described property is no longer needed for the publ ic good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easement, as more particularly described in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSI ON OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1 . That the foregoing recitals are hereby incorporat ed herein by this reference. Section 2 . That pursuant to Chapter 177 and Chapter 166 of t he Florida Statutes, it is hereby determined to vacate and abandon all right a nd interest it holds to the following real property, more particularly described as follows: 2 RES. NO. 30-12 See Exhibit "A" PASSED AND ADOPTED in regular session on this the __ day of__________ , 2012. ________________________________ M A Y O R ATTEST: ___________________________ City Clerk MEMORANDUM TO:Mayor and City Commissioners FROM:Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Direct or THROUGH:David T. Harden, City Manager DATE:June 20, 2012 SUBJECT:AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF JULY 5, 2012 MAINTENANCE MEMORANDUM OF AGREEMENT/FLORIDA DEPARTMENT OF TRANSPORTATION ITEM BEFORE COMMISSION Approval/authorization for the Mayor to execute an inclusive Maintenance Memorandum of Agreement (MMOA) with Florida Department of Transportation (F DOT). BACKGROUND FDOT maintains jurisdiction over Atlantic Ave (SR 8 06), I-95 (SR 9), Federal Highway (SR 5) and SR A1A. Each time landscaping was included in a proje ct along any of these corridors, the City and the Florida Department of Transportation (FDOT) entered into a Maintenance Memorandum of Agreement (MMOA). As a result multiple MMOA's currently exis t that cover landscaping maintenance, which is the City's responsibility. The attached inclusive MMOA is intended to supersede all existing agreements as referenced in Exhibit B. In the event the FDOT or City decides to construct additional landscape improvements or modify existing improvements within the limits of the righ ts-of-way identified within the agreement, the FDOT and the City shall agree in writing to the new land scape improvements and maintenance plan. RECOMMENDATION Approval/authorization for the Mayor to execute an inclusive Maintenance Memorandum of Agreement (MMOA) with Florida Department of Transportation (F DOT). MEMORANDUM TO:Mayor and City Commissioners FROM:Steven M. Anderson, Division Chief Danielle Connor, Fire Chief THROUGH:David T. Harden, City Manager DATE:June 20, 2012 SUBJECT:AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF JULY 5, 2012 RENEWAL OF AGREEMENT/SOUTHEASTERN COLLEGE (F/K/A KEISER COL LEGE) ITEM BEFORE COMMISSION Approve the renewal of an agreement between the Del ray Beach Fire-Rescue Department (DBFR) and Southeastern College (formerly Keiser College) to provide a clinical training site for EMT and Paramedic students. BACKGROUND The Delray Beach Fire-Rescue Department maintains a professional relation ship with surrounding instructional institutions that offer EMT and Param edic courses, including Southeastern College. Over the past several years, DBFR has provided Southeast ern College students an opportunity to gain experience through clinical rotations that involve access to fire-rescue. Southeastern College has requested a continuance of the mutual agreement between both organizations (DBFR and Southeastern College). RECOMMENDATION Approve the renewal of an agreement between the Del ray Beach Fire-Rescue Department and Southeastern College to provide a clinical trai ning site for EMT and Paramedic students. MEMORANDUM TO:Mayor and City Commissioners FROM:Linda Karch, Director of Parks and Recreation THROUGH:David T. Harden, City Manager DATE:June 27, 2012 SUBJECT:AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF JULY 5, 2012 SCHOOL READINESS CHILD CARE PROVIDER AGREEMENT/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC. ITEM BEFORE COMMISSION Approve the School Readiness Child Care Provider Ag reement between the City of Delray Beach and the Early Coalition of Palm Beach County, Inc. to provide subsidized child care funding for the Afterschool Program located at Pompey Park and the Community Center. BACKGROUND The term of the attached School Readiness Child Car e Provider Agreement between the City of Delray Beach and the Early Learning Coalition, Inc. is Jul y 1, 2012 through June 30, 2013. This Agreement continues to provide subsidized child car e funding for the City's Afterschool Program. Children enrolled through the program will be subsi dized at a reimbursable rate (less the applicable parent fee) to the City at $10.44/child/part-time d ay and $13.00/child/full-time day. RECOMMENDATION Approve the School Readiness Child Care Provider Ag reement between the City of Delray Beach and the Early Coalition of Palm Beach County, Inc. to provide subsidized child care funding for the Afterschool Program located at Pompey Park and the Community Center . MEMORANDUM TO:Mayor and City Commissioners FROM:Linda Karch, Director of Parks and Recreation THROUGH:David T. Harden, City Manager DATE:June 27, 2012 SUBJECT:AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF JULY 5, 2012 AFTERSCHOOL PROGRAM SERVICE AGREEMENT/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC. ITEM BEFORE COMMISSION Approval of a Continue-to-Care Afterschool Scholarship Agreement between Earl y Learning Coalition of Palm Beach County, Inc. (formerly Family Central , Inc.) and the City of Delray Beach to continue reimbursable funding through the CTC-A Scholarship program for the Afterschool Program l ocated at Pompey Park and Community Center. BACKGROUND The term of the attached Continue-to-Care Afterschool Scholarship Agreement between Earl y Learning Coalition and the City of Delray Beach is July 1, 2 012 through June 30, 2013. This agreement continues to provide reimbursable funding through the CTC-A Scholarship program for the afterschool program. Children enrolled through the program will be funded at a reimbursable rate (les s the applicable parent fee) to the City at $10.44/ch ild/part-time day and $19.86/child/full-time day. RECOMMENDATION Approval of the Continue-to-Care Afterschool Schola rship Agreements. MEMORANDUM TO:Mayor and City Commissioners FROM:Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH:David T. Harden, City Manager DATE:June 26, 2012 SUBJECT:AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF JULY 5, 2012 GRANT AWARD/RECOVERY ACT EDWARD BYRNE MEMORIAL JAG ITEM BEFORE COMMISSION Accept the Edward Byrne Memorial Justice Assistance Grant award (JAG-12) in the amount of $42,212 to assist in funding police overtime for the annual Holiday Robbery Task Force. The application for th is grant was previously approved by Commission on Apri l 17, 2012. BACKGROUND The Holiday Robbery Task Force has been in operatio n since 1997 and runs annually from Thanksgiving through New Year’s Day to provide saturation of patrol units in all shopping centers within the City and for First Night. This patrol ef fort has reduced crime during the holiday season. This is a renewal of a grant we have received for t he last several years and there is no match requirement. FUNDING SOURCE Funding is provided through the U.S. Department of Justice’s Edward Byrne Memorial Justice Assistance Grant (JAG) Program. No match is require d by the City. RECOMMENDATION Accept the Edward Byrne Memorial Justice Assistance Grant award (JAG-12) in the amount of $42,212 to assist in funding police overtime for the annual Holiday Robbery Task Force. Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 Office of Justice Programs June 21, 2012 Mr. David T. Harden City of Delray Beach 300 West Atlantic Avenue Delray Beach, FL 33444 Dear Mr. Harden: On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local Solicitation in the amount of $42,212 for City of Delray Beach. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrat ive action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Stefanie Harris, Program Manager at (202) 305-8069; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Enclosures Denise O'Donnell Director Washington, D.C. 20531 Mr. David T. Harden City of Delray Beach 300 West Atlantic Avenue Delray Beach, FL 33444 June 21, 2012 Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal fun ding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violenc e Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justic e Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the deli very of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of s ervices or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, re cipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for perso ns with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In ge neral, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justi ce Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Ag encies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencie s from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, o r the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be he ld separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The E qual Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, ple ase see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo.htm. State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discriminati on on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Reli gious Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit fa ith-based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employm ent decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be dir ected to this Office. Dear Mr. Harden: Department of Justice Office of Justice Programs Office for Civil Rights Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates reci pients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR s elects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are prov iding services equitably to all segments of their service population and that their employment practices meet equal employment opportunity sta ndards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscr imination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the developmen t of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ 42.205(5) or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter . For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has t o prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, t hen your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination agai nst your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization mu st submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with al l of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Fin dings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipien ts. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307- 0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, cc:Grant Manager Financial Analyst Michael L. Alston Director Grant PAGE1OF Department of Justice Office of Justice Programs Bureau of Justice Assistance 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Delray Beach 300 West Atlantic Avenue Delray Beach, FL 33444 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT 10. AMOUNT OF THIS AWARD $ 0 $ 42,212 11. TOTAL AWARD $ 42,212 1A. GRANTEE IRS/VENDOR NO. 596000315 3. PROJECT TITLE Delray Beach Police Department's Holiday Robbery Task Force Project 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY12(BJA - JAG) 42 USC 3750, et seq. 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL GRANTEE ACCEPTANCE Denise O'Donnell Director AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES21. FISCAL YEAR FUND CODE BUD. ACT.OFC. DIV. REG.SUB.POMS AMOUNT DJ B X80000042212 LDJUGT0080 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL David T. Harden City Manager 4. AWARD NUMBER:2012-DJ-BX-0118 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 7. ACTION Initial 06/21/2012 TO TO 10/01/2011 10/01/2011 09/30/2015 09/30/2015 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE 17. SIGNATURE OF APPROVING OFFICIAL 6 AWARD CONTINUATION SHEET Grant PAGE2OF Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE06/21/2012 PROJECT NUMBER2012-DJ-BX-0118 SPECIAL CONDITIONS The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70. 1. 2. 3. 4. 5. 6. 7. OJP FORM 4000/2 (REV. 4-88) 6 AWARD CONTINUATION SHEET Grant PAGE3OF Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE06/21/2012 PROJECT NUMBER2012-DJ-BX-0118 SPECIAL CONDITIONS The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/ccr.htm (Award condition: Central Contractor Registration and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. The recipient agrees to comply with applicable requirements to report first-tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own operate in his or her name). The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income earned must be accounted for and used for the purposes of funds provided under this award, including such use being consistent with the conditions of the award, the effective edition of the OJP Financial Guide and, as applicable, either (1) 28 C.F.R. Part 66 or (2) 28 C.F.R Part 70 and 2 C.F.R. Part 215 (OMB Circular A-110). Further, the use of program income must be reported on the quarterly Federal Financial Report, SF 425. 8. 9. 10. 11. OJP FORM 4000/2 (REV. 4-88) 6 AWARD CONTINUATION SHEET Grant PAGE4OF Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE06/21/2012 PROJECT NUMBER2012-DJ-BX-0118 SPECIAL CONDITIONS The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.gov/BJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: http://www.it.ojp.gov/gsp_grantcondition. Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 12. 13. 14. OJP FORM 4000/2 (REV. 4-88) 6 AWARD CONTINUATION SHEET Grant PAGE5OF Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE06/21/2012 PROJECT NUMBER2012-DJ-BX-0118 SPECIAL CONDITIONS The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal Financial Report (SF-425). JAG funds may be used to purchase bulletproof vests for an agency, but may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. The recipient agrees to submit a signed certification that that all law enforcement agencies receiving vests purchased with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for bulletproof vest purchases. This policy must be in place for at least all uniformed officers before any FY 2012 JAG funding can be used by the agency for bulletproof vests. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. Bulletproof vests purchased with JAG funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards. In addition, bulletproof vests purchased with JAG funds must be American-made. The latest NIJ standard information can be found here: http://www.nij.gov/topics/technology/body-armor/safety-initiative.htm. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1046. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith- based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equal_fbo.htm. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance. 15. 16. 17. 18. 19. 20. 21. 22. OJP FORM 4000/2 (REV. 4-88) 6 AWARD CONTINUATION SHEET Grant PAGE6OF Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE06/21/2012 PROJECT NUMBER2012-DJ-BX-0118 SPECIAL CONDITIONS Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports through GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 23. 24. 25. 26. 27. 28. 29. OJP FORM 4000/2 (REV. 4-88) 6 Memorandum To: From: Subject: Washington, D.C. 20531 Orbin Terry, NEPA Coordinator Incorporates NEPA Compliance in Further Developmental Stages for City of Delray Beach The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see http://www.ojp.usdoj.gov/BJA/resource/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. Official Grant File Department of Justice Office of Justice Programs Bureau of Justice Assistance GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY 1. STAFF CONTACT (Name & telephone number) PROJECT NUMBER 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD 8. BUDGET PERIOD 9. AMOUNT OF AWARD10. DATE OF AWARD 11. SECOND YEAR'S BUDGET 2012-DJ-BX-0118 2. PROJECT DIRECTOR (Name, address & telephone number) 4. TITLE OF PROJECT 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) 5. NAME & ADDRESS OF GRANTEE Grant This project is supported under FY12(BJA - JAG) 42 USC 3750, et seq. Sharon L'Herrou Administrative Officer 300 W. Atlantic Avenue Delray Beach, FL 33444-3695 (561) 243-7852 PAGE1 1OF The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for s tate and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, includ ing for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). The grantee will use the award to support the Holiday Robbery Task Force. Funds will be used to support the cost of overtime f or officers who will be deployed in targeted areas. These officers will provide high visibility patrols and serve as a crime deterrent. The project goals are to r educe the number of serious crimes that occur during the holiday season and make citizens feel safer in their communities. NCA/NCF Stefanie Harris (202) 305-8069 OJP FORM 4000/2 (REV. 4-88) Delray Beach Police Department's Holiday Robbery Task Force Project City of Delray Beach 300 West Atlantic Avenue Delray Beach, FL 33444 TO:10/01/201109/30/2015 FROM:TO:10/01/201109/30/2015 FROM: 06/21/2012 $ 42,212 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 3a. TITLE OF THE PROGRAM BJA FY 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Department of Justice Office of Justice Programs Bureau of Justice Assistance MEMORANDUM TO:Mayor and City Commissioners FROM:Danielle Connor, Fire Chief THROUGH:David T. Harden, City Mananger DATE:June 28, 2012 SUBJECT:AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF JULY 5, 2012 2012 ASSISTANCE TO FIREFIGHTERS GRANT ITEM BEFORE COMMISSION Approval/authorization for the submittal of Assista nce to Firefighters Grant application. BACKGROUND The Assistance to Firefighters Grant (AFG) was crea ted to provide funding directly to fire departments and volunteer firefighter interest organizations to hel p them fund projects in their respective department s, including firefighting equipment, Emergency Medical Equipment , Diesel Exhaust Removal Systems and Personal Protective Equipment to include Self Contained Brea thing Apparatus (SCBA) and Bunker gear. Delray Beach Fire Rescue (DBFR) is seeking AFG fund ing for one project that will increase the overall health and well-being of our fire department and comply with safety and health standards established by NFPA and OSHA. Project : Diesel Exhaust Removal System DBFR is seeking to obtain Federal Emergency Managem ent Agency (FEMA) funds under the Fire Operations and Firefighters Safety Program utilizing the Assis tance to Firefighters Grant (AFG), which will be us ed to modify our fire station under “e”, titled “Modif ications to Fire Stations and Facilities”. Diesel exhaust has been classified as a carcinogen by the National Ins titute of Occupational Safety and Health (NIOSH) an d presents a serious health threat to our firefighter s that live in our fire stations 24/7/365 as well a s citizens of our community that visit our facilities. The proposed v entilation system has been independently verified t o be capable of capturing virtually 100% of the vehicle exhaust emissions at the point of generation by mak ing an airtight seal to the tailpipes of emergency vehicle s. This system fulfills the current NFPA 1500 Secti on A9.1.6 requirement that the need for elimination and conta inment of all vehicle exhaust emissions be at a lev el of not less than 100% effective capture. We plan to instal l the system at five of our fire stations that are over 15 years old and were designed to have sleeping quarters, da yroom and pole wells located off the apparatus floo r for quick access to our vehicles. Our project entails i nstalling a direct source capture exhaust extractio n system, which would be attached to each one of our fire app aratus in our fire stations reducing the amount of toxic gases that enter these living spaces every day. FUNDING SOURCE Federal Match 80% Local Match 20% Project Total Project #1: Diesel Exhaust Removal System $189,668 $47,417 $237,086 RECOMMENDATION Approve the submittal of the Assistance to Firefigh ter Grant application totaling $237,086, which incl udes a local match of $47,417 for the project. MEMORANDUM TO:Mayor and City Commissioners FROM:Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE:June 28, 2012 SUBJECT:AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF JULY 5, 2012 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is revi ew of appealable actions which were taken by variou s Boards during the period of June 18, 2012 through J une 29, 2012. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Board s, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unle ss the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary , it provides that the City Commission hears appeals of actions taken by an approving Board. It also provid es that the City Commission may file an appeal. To do so: · The item must be raised by a Commission member. · By motion, an action must be taken to place the ite m on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Planning and Zoning Board Meeting of June 18, 2012 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the Ci ty Commission for action: A. Recommended approval (4 to 0), of a Future Land Use Map amendment from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) and rezoning from RM (Medium Density Residential) to CBD (Central Business District) for a vacant parcel located on the east side of SW 10t h Avenue approximately 391 feet south of West Atlanti c Avenue (35 SW 10th Avenue). B. Continued (4 to 0), a conditional use request assoc iated with expansion of the existing 2,124 sq. ft. seven (7) room motel including construction of a ne w 3,204 building addition to accommodate an additional 8 rooms (total of fifteen (15) rooms), a manager’s office and additional on-site parking sp aces for Beachway Motel located at 655 George Bush Boule vard. C. Recommended approval (4 to 0), of a privately-initi ated amendment to the Land Development Regulations to create Section 4.5.19, “Lintco Devel opment Overlay District” and amend Section 4.4.9 “General Commercial (GC) District”, Subsection (G), “Supplemental District Regulations” to limit the Floor Area Ratio (FAR) within the Lintco Developmen t Overlay District, located at the northwest corner of Linton Boulevard and SW 4 th Avenue). D. Recommended approval (4 to 0), of a privately-initi ated amendment to the Land Development Regulations to create Section 4.5.20, “Waterford Ov erlay District” and amend Section 4.4.25 “Special Activities District (SAD)”, Subsection (E) “Supplem ental District Regulations” to limit the Floor Area Ratio (FAR) and residential density within the Wate rford Overlay District, located south of Linton Boulevard, east of I-95. E. Recommended approval (4 to 0), of a City-initiated amendments to the Land Development Regulations Section 2.4.3(K)(1) “Development Applic ations”; Section 2.4.3(K)(3) “Permit Fees” and Section 6.3.3 “Sidewalk Café” Subsection 6.3.3(A) “Permit and Fees” to provide for an increase in certain development application and permit fees and increasing the permit fee assessed per square foot of approved sidewalk café space. Site Plan Review and Appearance Board Meeting of Ju ne 27, 2012 1. Approved (6 to 0, Shane Ames absent), a request to establish a blanket sign program for the Pugliese Office Building, located at 101-103 Pugliese Way in conjunction wit h the first floor of the two-story building being purchased and occupied by Kanner & P intaluga, P.A. 2. Approved (6 to 0), a Class I site plan modification associated with the installation of accordion shut ters for an existing commercial building located at 1501 North Federal Highway (northeast corner of North Federal Highway and North Lake Avenue). 3. Approved with conditions (6 to 0), a Class I site p lan modification associated with architectural elevation changes for Sherwood Plaza , located at the southeast corner of Congress Avenu e and SW 10 th Street (1005 South Congress Avenue). 4. Approved with conditions (6 to 0), a Class V site p lan, landscape plan and architectural elevation pla n associated with a 3-phase development for Village Square , located on the east side of Auburn Avenue between SW 7th Street and SW 10th Street. Phase I i ncludes the construction of 3-story high senior citizen building containing 42 one-bedroom units an d 42 two-bedroom units and a club house, pool, and putting green. Phase II includes the constructi on of a clubhouse and six 3-story buildings with a mix of 6 one-bedroom units, 66 two-bedroom units, 4 8 three-bedroom units, and 24 four-bedroom units, (total of 144 units). Phase III includes the construction of 11 three-bedroom for-sale single- family homes and 14 three-bedroom for-sale duplex units including a swimming pool and cab ana recreation amenities. Historic Preservation Board Meeting of June 20, 201 2 5. Approved with conditions (7 to 0), a Certificate of Appropriateness for the construction of a new two- story single family residence located at 111 NE 6 th Street within the Del-Ida Park Historic District. 6. Approved with conditions (4 to 3, Ana Maria Aponte, Ronald Brito and Annette Smith dissenting) a Class V site plan and a Certificate of Appropriaten ess for the construction of a new two-story office building containing covered parking on the first fl oor, and office use on the second floor located at 121 NE 1 st Avenue within the Old School Square Historic District. The accompanying landscape plan and photometric plan were approved on a 5 to 2 vote (An a Maria Aponte and Annette Smith dissenting) and the architectural elevation plan was approved o n a 4 to 3 vote (Ana Maria Aponte, Samuel Spear and Annette Smith dissenting). Concurrently the Board took the following actions: i. Denied (5 to 2) a variance request to increase the Lot coverage requirement to 55%, whereas 40% is the maximum permitted. ii. Recommended denial (6 to 1), to the City Commission of a waiver request to LDR Section 4.4.24(F)(4), which limits the maximum width of a b uilding fronting a street to 60’, by permitting a front elevation width increased to 65’. iii. Recommended denial (4 to 3) to the City Commission of a waiver request to LDR Section 4.5.1(E)(8)(a)(1)(a),which prohibits building encroachment into the Buil ding Height Plane, by permitting the proposed development to encroach int o the Building Height Plane. iv. Recommended denial (4 to 3) to the City Commission of a waiver request toLDR Section 4.5.1 (E)(8)(j)1, to reduce a portion of the front buildi ng setback from 32’ to 30’. v. Recommended approval (5 to 2) to the City Commissio n of a waiver to LDR Section 4.5.1(E) (8)(j)2., to reduce a portion of the second story s ide interior setbacks from 12’6” to 8’2”. vi. Recommended approval (5 to 2) to the City Commissio n of a waiver to LDR Section 4.6.16(H) (3)(a), which requires a landscaped strip of land a t least 5’ in depth located between the off street parking area and the right way of way, by re ducing the width to 2’6”. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map MEMORANDUM TO:Mayor and City Commissioners FROM:Kevin Rumell, Fleet Superintendent Richard C. Hasko, P.E. Director of Environmental Se rvices THROUGH:David T. Harden, City Manager DATE:June 22, 2012 SUBJECT:AGENDA ITEM 8.J.1 - REGULAR COMMISSION MEETING OF JULY 5, 2012 PURCHASE AWARD/HUB CITY FORD ITEM BEFORE COMMISSION City Commission is requested to approve the purchas e of fourteen (14) replacement vehicles from Hub City Ford in the amount of $390,523.00. BACKGROUND This purchase represents replacement Police Patrol cars for fourteen cars based on age, mileage, and l ife- to-date maintenance costs. Vendor Type Cost Contract # Hub City Ford 2013 Police Interceptor Sedans $27,894.50 ea. Florida State Contract 071 -000 - 12 -1 Total $390,523.00 FUNDING SOURCE Funding is available from 501-3312-519-64.20 (Garage Fund/Machinery Equipment/Vehicle Replacement) RECOMMENDATION Central Garage recommends the award of the fourteen (14) vehicles to Hub City Ford, for a total award amount of $390,523.00. C i t y o f D e l r a y B e a c h V e h i c l e R e p l a c e m e n t s FY 2 0 1 1 - 2 0 1 2 Ve h i c l e M a k e Mo d e l Ol d V e h i c l e De s c r i p t i o n Y e a r M f g . Ex p e c t e d Li f e Ag e i n Ye a r s Cu r r e n t Od o m e t e r O r i g i n a l C o s t LT D C o s t Ma i n t % M a i n t Co s t / P u r Co s t / L T D Ne w V e h i c l e De s c c r i p t i o n M a k e M o d e l Repl. CostContract V endorComments/Summar y Fo r d C V P I P a t r o l C a r 2 0 0 3 7 9 1 1 7 , 1 8 5 $ 2 5 , 2 8 5 $ 3 0 , 0 3 1 1 1 9 % 4 D o o r S e d a n F o r d P o l i c e I n t e r c e p t o r $ 2 7 , 8 9 4 . 5 0 S t a t e H u b C i t y F o r d A g e , H i g h M i l e a ge, 119% LTD Fo r d C V P I P a t r o l C a r 2 0 0 3 7 9 1 3 1 , 6 7 8 $ 2 5 , 2 9 0 $ 2 7 , 7 2 5 1 1 0 % 4 D o o r S e d a n F o r d P o l i c e I n t e r c e p t o r $ 2 7 , 8 9 4 . 5 0 S t a t e H u b C i t y F o r d A g e , E x t r e m e H i gh Mileage, 110% LTD Fo r d C V P I P a t r o l C a r 2 0 0 3 7 9 1 2 6 , 7 7 2 $ 2 5 , 3 5 7 $ 2 6 , 2 2 9 1 0 3 % 4 D o o r S e d a n F o r d P o l i c e I n t e r c e p t o r $ 2 7 , 8 9 4 . 5 0 S t a t e H u b C i t y F o r d A g e , E x t r e m e H i gh Mileage, 103% LTD Fo r d C V P I P a t r o l C a r 2 0 0 5 7 7 1 2 9 , 9 6 4 $ 2 4 , 7 3 2 $ 2 8 , 0 9 2 1 1 4 % 4 D o o r S e d a n F o r d P o l i c e I n t e r c e p t o r $ 2 7 , 8 9 4 . 5 0 S t a t e H u b C i t y F o r d E x t r e m e H i g h M i leage, 114% LTD Fo r d C V P I P a t r o l C a r 2 0 0 3 7 9 1 1 9 , 0 7 5 $ 2 5 , 8 2 4 $ 2 5 , 1 4 4 9 7 % 4 D o o r S e d a n F o r d P o l i c e I n t e r c e p t o r $ 2 7 , 8 9 4 . 5 0 S t a t e H u b C i t y F o r d A g e , H i g h M i l e a g e, 97% LTD Fo r d C V P I P a t r o l C a r 2 0 0 3 7 9 1 0 8 , 1 7 0 $ 2 5 , 3 5 7 $ 3 0 , 0 1 8 1 1 8 % 4 D o o r S e d a n F o r d P o l i c e I n t e r c e p t o r $ 2 7 , 8 9 4 . 5 0 S t a t e H u b C i t y F o r d A g e , M i l e a g e , 1 18% LTD Fo r d C V P I P a t r o l C a r 2 0 0 4 7 8 1 1 3 , 5 1 0 $ 2 5 , 0 1 4 $ 2 6 , 6 5 8 1 0 7 % 4 D o o r S e d a n F o r d P o l i c e I n t e r c e p t o r $ 2 7 , 8 9 4 . 5 0 S t a t e H u b C i t y F o r d High Mileage, 107% LT D Fo r d C V P I P a t r o l C a r 2 0 0 3 7 9 1 0 2 , 9 8 3 $ 2 5 , 2 8 5 $ 2 7 , 4 0 1 1 0 8 % 4 D o o r S e d a n F o r d P o l i c e I n t e r c e p t o r $ 2 7 , 8 9 4 . 5 0 S t a t e H u b C i t y F o r d Age, High Mileage, 108% LT D Fo r d C V P I P a t r o l C a r 2 0 0 3 7 9 1 0 7 , 9 6 6 $ 2 5 , 0 1 4 $ 3 2 , 9 1 9 1 3 2 % 4 D o o r S e d a n F o r d P o l i c e I n t e r c e p t o r $ 2 7 , 8 9 4 . 5 0 S t a t e H u b C i t y F o r d Age, High Mileage, 132% LT D Fo r d C V P I P a t r o l C a r 2 0 0 3 7 9 1 1 9 , 0 7 5 $ 2 5 , 7 1 4 $ 2 5 , 6 6 4 1 0 0 % 4 D o o r S e d a n F o r d P o l i c e I n t e r c e p t o r $ 2 7 , 8 9 4 . 5 0 S t a t e H u b C i t y F o r d A g e , H i g h M i l e a ge, 100% LTD Fo r d C V P I P a t r o l C a r 2 0 0 4 7 8 1 0 6 , 4 9 3 $ 2 5 , 0 1 4 $ 2 6 , 7 7 9 1 0 7 % 4 D o o r S e d a n F o r d P o l i c e I n t e r c e p t o r $ 2 7 , 8 9 4 . 5 0 S t a t e H u b C i t y F o r d High Mileage, 107% LT D Fo r d C V P I P a t r o l C a r 2 0 0 4 7 8 1 0 4 , 6 9 5 $ 2 4 , 8 1 1 $ 2 5 , 6 3 5 1 0 3 % 4 D o o r S e d a n F o r d P o l i c e I n t e r c e p t o r $ 2 7 , 8 9 4 . 5 0 S t a t e H u b C i t y F o r d High Mileage, 103% LTD, Needs Paint Jo b Fo r d C V P I P a t r o l C a r 2 0 0 3 7 9 9 3 , 4 0 4 $ 2 5 , 0 1 4 $ 3 0 , 9 8 0 1 2 4 % 4 D o o r S e d a n F o r d P o l i c e I n t e r c e p t o r $ 2 7 , 8 9 4 . 5 0 S t a t e H u b C i t y F o r d A g e , 1 2 4 % L T D Fo r d C V P I P a t r o l C a r 2 0 0 3 7 9 9 7 , 5 3 3 $ 2 5 , 4 5 2 $ 2 8 , 5 6 7 1 1 2 % 4 D o o r S e d a n F o r d P o l i c e I n t e r c e p t o r $ 2 7 , 8 9 4 . 5 0 S t a t e H u b C i t y F o r d A g e , 1 1 2 % L T D Totals $390,523 Pr e p a r e d b y C i t y o f D e l r a y B e a c h 6 / 2 9 / 2 0 1 2 Page 1 MEMORANDUM TO:Mayor and City Commissioners FROM:Scott Pape, AICP, FCP, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH:City Manager DATE:June 26, 2012 SUBJECT:AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF JULY 5, 2012 WAIVER REQUEST/HARBOR PLAZA ITEM BEFORE COMMISSION The action requested of the City Commission is cons ideration of a waiver from the following Land Development Regulation associated with the Class IV site plan for the Harbor Plaza project: 1. A waiver to LDR Section 4.6.9(D)(3)(c)(1), which re quires a 50-foot stacking distance for the new driveway along Banyan Tree Lane. BACKGROUND At its meeting of June 13, 2012, the SPRAB approved the Class IV site plan, landscape plan, architectural elevations for the demolition of 17,0 60 square feet and construction of a 23,740 square foot addition and outside seating area in Harbor Pl aza to accommodate a Fresh Market. As part of the improvements, a new driveway access is proposed on Banyan Tree Lane and the SPRAB unanimously recommended approval of the waiver to the required stacking distance. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to grant ing a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provis ion of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special p rivilege in that the same waiver would be granted u nder similar circumstances on other property for another applicant or owner. Stacking Distance: Per LDR Section 4.6.9(D)(3)(c)(1), a 50-foot stacki ng distance between the right-of-way and the first parking or aisleway is required for the new drivewa y along Banyan Tree Lane and 21.4 feet is proposed. The applicant has submitted a waiver requ est for a reduced stacking distance. The applicant has submitted the following verbatim narrative in support of the waiver: “…In order to accommodate this request, three additio nal stop signs have been incorporated at the driveway along Banyan Tree Lane. Please see the at tached plan. We believe that this meets the intent of the code requirement because th ere are no conflicts within the 50 foot requirement. There is 19 feet + 32 feet or 51 feet, greater than the 50 foot dimension required. We have also introduced a stop sign just south of the garbage dumpsters, which requires yielding to oncoming traffic before making a left turn and prev ents impediments to oncoming traffic…” Waiver Analysis: The Harbor Plaza currently has six driveways access points in addition to the proposed driveway along Banyan Tree Lane. The multiple points of access dis tribute the traffic throughout the property and reduce the stacking impact on any one driveway. Fur ther, the new driveway will likely be an underutilized access point since it will be primari ly used by delivery vehicles winding around the rea r of the shopping center. The City has approved reductio ns to the stacking distance when a parking facility contains multiple points of access such as Atlantic Plaza II. Accordingly, positive findings can be ma de with respect to LDR Section 2.4.7(B)(5), Waiver Fin dings. RECOMMENDATION Approve the waiver to LDR Section 4.6.9(D)(3)(c)(1), which requires a 50-foot stacking distance (21.4 feet proposed) between the right-of-way and the aisleway based on positive findings wit h LDR Section 2.4.7(B)(5). 1 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR HARBOR PLAZA AT 1725 SOUTH FEDER AL HIGHWAY 1. This waiver request came before the City Commission on July 5, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the wai ver request for Harbor Plaza at 1725 South Federal Highway. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to grantin g a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of p ublic facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on ot her property for another applicant or owner. A. Waiver to LDR Section 4.6.9(D)(3)(c)(1) Pursuant to LDR Section 4.6.9(D)(3)(c)(1), for parking lots that have 51 or more spaces the minimum stacking distance between the right -of-way and the first parking space or aisleway must be 50 feet. The stacking distance requirement prevents traffic from backing up into publi c street system. The applicant is asking for a waiver to allow a stacking d istance of 21.4 feet for the new driveway along Banyan Tree Lane. H arbor Plaza currently has six additional driveway access points. These multiple points of access will distribute the traffic throughout the propert y and reduce the stacking input on any one driveway. Also, the new driv eway along Banyan Tree Lane will likely be underutilized since it will primarily be used by delivery vehicles going to the rear of the shopping center. Should the waiver be granted? Yes ______ No _______ 2 3. The City Commission has applied the Comprehensive P lan and LDR requirements in existence at the time the original dev elopment application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and compete nt substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff r eports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Co mmission approves ____ denies ___ the waiver request. 6. Based on the entire record before it, the City C ommission hereby adopts this Order this 5th day of July 2012, by a vote of ____in favor and ____ opposed. ________________________________ ATTEST: Nelson S. McDuffie, Mayor ________________________________ Chevelle Nubin, City Clerk MEMORANDUM TO:Mayor and City Commissioners FROM:Robert A. Barcinski, Assistant City Manager THROUGH:David T. Harden, City Manager DATE:June 29, 2012 SUBJECT:AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF JULY 5, 2012 APPROVAL 2012 DAVIS CUP FINALS BID ITEM BEFORE COMMISSION Commission is requested to approve a bid to the Uni ted States Tennis Association (USTA) to be the host site for the 2012 Davis Cup Finals if held in the United States. BACKGROUND Attached is a bid to the USTA for Delray Beach to b e considered as the host site for the 2012 Davis Cu p Finals if held in the United States. The bid addresses all items required by the USTA an d we included a section “About the City” to help reviewers know more about our City. We are also inc luding in the bid package a copy of our television DVD used for the ITC Tournament. We are requesting Commission approval of the bid an d authority to submit to the USTA. A cover letter from the Mayor will be included and will include a request for early determination of a site by the USTA due to extenuating circumstances. These primar ily are that the City of Delray Beach and our sponsor partners will be adopting our final fiscal year budgets by mid-September. Commission still would have the option for whatever reason to reject the bid award if we were to be selected. We are anticipating maximum out of pocket expense of no more than $100,000. This is less than what we paid for the last Davis Cup Quarter Fi nals that were held in our City. RECOMMENDATION Staff recommends approval of the proposed Davis Cup bid and authorization for staff to submit the bid to the United States Tennis Association. MEMORANDUM TO:Mayor and City Commissioners FROM:Robert A. Barcinski, Assistant City Manager THROUGH:David T. Harden, City Manager DATE:June 29, 2012 SUBJECT:AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF JULY 5, 2012 GRANT APPLICATION / TOURIST DEVELOPMENT COUNCIL:DAVIS CUP ITEM BEFORE COMMISSION Commission is requested to approve a grant applicat ion in the amount of $150,000 to the Palm Beach County Tourist Development Council (TDC) to support costs for the Davis Cup finals. BACKGROUND Attached is a complete grant application to the TDC requesting $150,000 in grant funding for the Davis Cup finals to be held in November 2012 should the C ity be selected as the host site. George Linley and Kris Pursell from the Palm Beach County Sports Commission have greatly assisted in preparing this application doing much research a nd writing and will be our sponsor in presenting th is to the TDC. An estimate of 3,000 room nights is projected in th e application. This is a conservative estimate base d on research done on room nights achieved recently i n other cities for a Davis Cup and Fed Cup matches. This is a reimbursable grant and we will have to ve rify room night booked after the event and is the reason our room night projection are conservative. The estimated economic impact for the event is $1,9 56,825 and total projected cash budget is $517,500. We anticipate that through grants and pos sible revenue sharing with the USTA, we can cover all but about $50,000 to $60,000 net of these costs . This amount could be less if we can obtain more sponsor revenue or more if we receive less than our grant and revenue sharing requests. The applicatio n does not include our estimate revenue sharing funds at a minimum of $100,000 from the USTA since we cannot at this time guarantee that this request will be approved. RECOMMENDATION Staff recommends approval of the grant application to TDC in the amount of $150,000 and to authorize staff to submit to the TDC. MEMORANDUM TO:Mayor and City Commissioners FROM:R. Brian Shutt, City Attorney DATE:June 29, 2012 SUBJECT:AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF JULY 5, 2012 AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE PALM BEACH COUNTY EDUCATION COMMISSION FOR FUNDING OF THE PURCHASE OF WIFI ANTENNAS FOR BROADBAND ACCESS ITEM BEFORE COMMISSION The item before the City Commission is an Agreement between the City and the Palm Beach County Education Commission, Inc. for the funding of broad band service (purchase of the radios and related equipment) in the NW/SW neighborhoods. BACKGROUND Attached is the proposed Agreement for the funding of the purchase of the radios and related equipment in order to provide free internet access in the NW/SW neighborhoods as part of the digital divide program. The Commission approved an agreement with the CRA at its last meeting where the CRA will be contributing this funding to the City. This Agre ement provides that the City, upon the execution of this Agreement by both parties shall provide the fu nding for the purchase of the wifi equipment by the Palm Beach County Education Commission. Once the Ag reement is executed the Education Commission shall purchase the equipment and have it delivered to the County who will then install it. It is anticipated that the installation shall take pla ce prior to the start of the upcoming school year. RECOMMENDATION Staff recommends approval of the Agreement. MEMORANDUM TO:Mayor and City Commissioners FROM:Terrill Pyburn, Assistant City Attorney THROUGH:R. Brian Shutt, City Attorney DATE:June 26, 2012 SUBJECT:AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF JULY 5, 2012 REVISION TO PROCEDURES FOR QUASI -JUDICIAL HEARINGS ITEM BEFORE COMMISSION City of Delray Beach Procedures for Quasi-Judicial Hearings. BACKGROUND The attached "Procedures for Quasi-Judicial Hearings" is before you for approval of a change made to Paragraph 4.A., "Swearing in of Witnesses", to ensu re the authority will be extended to further includ e the Board's Chairperson, Vice Chair, or Second Vice Chair, allowing them to swear in individuals for quasi-judicial items. RECOMMENDATION The City Attorney's Office recommends approval. City of Delray Beach Procedures for Quasi-Judicial Hearings 1. Definitions: A. Applicant - the owner of record or his or her authorized agent. B. Citizen Participants - those members of the general public, other than the City, the Applicant, or other Party to the proce eding, who attend a quasi-judicial public hearing for the purpose of being heard on a particular application. C. Ex Parte - communications, oral or written, between members se rving on the board or commission and the public, other than thos e made on the record at the hearing. D. Party - the owner of property located within 500 feet of the property that is the subject of the application and who meets the addit ional requirements set forth in Section 3.B below. E. Quasi-Judicial Proceedings – proceedings where existing policies and regulations are applied to a specific property. Examp les are site specific rezonings, conditional use approvals, site plan approval s, waivers and variances, plat approvals, certificates of appropriateness, historic designations, but not land use amendments or amendment s to the comprehensive plan and not generally, amendments to th e Land Development Regulations. F. Relevant Evidence – evidence that either strengthens or weakens the application by supporting or disapproving factual asser tions related to the application. 2. General Procedures for City Commission Consent I tems. A. Consent Agenda Items . Applications before the City Commission for plat approval, variances, or waivers may be placed on the con sent agenda, if the Applicant signs a statement that the Applicant concur s with the Staff recommendation. B. Removal from Consent Agenda . The Applicant, the Mayor, any Commissioner, or any member of the public may request t hat an 2 application for approval of a plat, waiver, or varian ce be removed from the City Commission consent agenda. If removed, the appli cation will be placed on the next regular City Commission meeting for a quasi-judicial hearing, or if the Applicant consents, the hearing may take place at the meeting the application was removed from the consent a genda. 3. General Processing for Hearings. A. File/Inspection . (1) Establishing the File . The Planning and Zoning Department shall establish a project file. All written communications sha ll be sent to the Planning and Zoning Department. The project fil e will be maintained in the Planning and Zoning Department. (2) Contents of the File . The project file will contain all written communications that are sent to the Planning and Zoni ng Department prior to the hearing. The project file wi ll include, but not be limited to, all Staff reports, pertinent sections of the Land Development Regulations and Comprehensive Plan. The f ile will contain curricula vitae, drawings, documents and all other pertinent documents. (3) Index . The Planning and Zoning Department staff will prov ide the City Clerk or Board clerk with an index to the project file at the Hearing. (4) Supplementation of the File . The City Clerk or Board clerk will supplement the project file with all documents submitte d at the hearing. (5) File for Inspection . The project file will be made available upon request for public inspection. (6) File Placed into the Record . The Planning and Zoning Staff member making the presentation shall place the project file into the record at the hearing. B. Party Status (1) Party Status - Written Requests; Timeframe . In order to obtain status as a Party, the owner of property located within 500 feet of the subject property must make a written request, meeti ng the requirements of 3B(2) below, which is received by the Pl anning and Zoning Department three or more business days prior to the hearing. (2) Contents of Request . The written request shall outline the effect of the application on the owner's property. To obtai n Party status, the owner must describe the effect of the application on owner’s property that is different from the effect on the pub lic as a whole. The City Attorney’s Office will advise as to whether suf ficient facts 3 have been alleged to achieve Party status and shall n otify the person requesting Party status of the City Attorney’s op inion as to the adequacy of the request. Ultimate decisions as to P arty status shall be made by the City Commission or the Board. Th e decision to confer Party status at the hearing before the City Commission or a Board shall not be seen as a waiver of the City’s ri ght to contest the standing of any Party in court. C. Time Limits (1) Staff Time Limits . The City Staff shall have up to 20 minutes (including the presentation of witnesses and expert wit nesses) to present the City’s case. (2) Applicant Time Limits . The Applicant shall have up to 20 minutes (including the presentation of witnesses and expert wit nesses) to present the Applicant’s case. (3) Party Time Limits . A Party may have up to 20 minutes (including the presentation of witnesses and expert witnesses). (4) Citizen Participants in General . Citizen participants not represented by a representative speaker shall have thre e (3) minutes to speak. (5) Participants with a Representative . Speakers representing a group of six (6) or more interested citizens in attenda nce at the meeting shall have six (6) minutes to speak, as long as those being represented identify themselves and yield their time t o the representative at the meeting. (6) Representing an Organization . Speakers representing an organization that is comprised of interested citizens shal l have six (6) minutes to speak. (7) Extension of Time by the Commission or Board . The Commission or the Board may, at their discretion, exten d the time for presentations. 4. Conduct of the Hearing. A. Swearing in of Witnesses . All Witnesses, Parties, the Applicant, Citizen Participants and their representatives and City Staff w ho plan to speak at the hearing shall collectively be sworn at the beginnin g of the hearing by the City Clerk, the City Clerk's designee, or the Board clerk, or the Board Chairperson, Vice-Chair, or Second Vice-Chair . B. Disclosure of Ex Parte Communications . The Commission or Board shall disclose any ex parte communications and disclose whethe r any member physically inspected the property. To the extent possible, the Commissioner or Board member shall identify with whom the 4 communication took place, summarize the substance of the communication, and the date of the site visit, if any. The Commissioners or Board members shall give the City Clerk, his or her designee, or Board clerk, any written ex parte communications they have re ceived that are not already included in the project file. C. Presentation of the Case . 1. The City Staff shall present its case. 2. The Applicant shall present its case. 3. Parties may present their case. 4. Citizen participants or their representatives may spe ak for or against the application. 5. The opportunity to cross-examination will occur after the presentation of a witness, and the manner and the condu ct of cross-examination shall be as provided in these rules. 6. The City Staff, the Applicant, and Parties may hav e two minutes each for rebuttal. 7. The Commission or Board may ask questions at any time during the proceeding. 8. The Commission or Board will commence deliberations a nd render a decision. D. Basis of Decision . All decisions shall be based on the evidence presented at the hearing on the case, which shall includ e the agenda materials, minutes, the entire project file, testimony presented, and other evidence presented. Strict rules of evidence shall not apply, but evidence must be relevant to the issues before the Commission or t he Board. 5. Cross-examination. A. Persons to be Cross-Examined . The City Staff, the Applicant, Parties, their respective witnesses and Citizen Participants are sub ject to cross- examination as set forth herein. B. Cross-Examination Guidelines . 1. Citizen Participants are subject to cross-examination by the Mayor or Board Chair only. In the event of an absence of t he Mayor or Board Chair, the term Mayor or Board Chair shall be deemed to include the person authorized to run the meeting in t heir absence. If the Staff, the Applicant, or Parties desire to hav e the Mayor or Board Chair cross examine a Citizen Participant, they sh all, whenever possible, present written cross-examination questi ons to the Mayor or Board Chair prior to the commencement of the cross- examination. The Mayor or Board Chair shall first ask the cross- 5 examination questions submitted by Staff, then the Ap plicant, and finally the Parties based on who submitted a request an d became a Party first. The Staff, Applicant, and any Parties’ cr oss-examination through the Mayor or Board Chair is limited to two (2) minutes per Citizen Participant. 2. Only the City Staff, the Applicant, or a Party ma y cross-examine non-Citizen Participant witnesses. 3. Cross-examination by City Staff, the Applicant, or a Party shall be limited to two (2) minutes per witness each. 4. The Commission or Board is not limited to two (2) m inutes and may ask questions of anyone who testifies at any time during the proceedings. C. Relevancy . All relevant evidence shall be accepted. D. Scope . The scope of the cross-examination shall be limited to the facts alleged by the person testifying in relation to the a pplication. E. Good Faith Questions . The cross-examination shall not be designed to merely harass, intimidate, or embarrass the person testif ying. F. Power to Halt Cross Examination . The Mayor or Board Chair shall determine whether the question and evidence is releva nt and the proper scope of cross-examination. In the absence of the Mayor or Board Chair, the term Mayor or Board Chair shall be deemed to incl ude the person authorized to run the meeting in their absence. The Mayor or Board Chair may defer to the City Attorney (or Assistant City Atto rney) to determine the relevancy of the question and the evidence and the pr oper scope of the cross-examination. The person conducting the cross-examinat ion may be stopped from pursuing a line of questioning, if the qu estioning is on an issue that is not relevant, the scope of proper cross exami nation is exceeded, or the cross-examination is conducted in a manne r that is designed to harass, intimidate, or embarrass the person being cross- examined. If a person conducting the cross-examination continues to pursue improper lines of questioning, the Mayor or Boa rd Chair may halt the cross-examination. 6. Applicability . These rules only apply to proceedings and hearings that are quasi-judicial in nature. These rules are applicable to the City Commissi on and any Board that does not have specific rules for the conduct of quasi-judi cial proceedings. 6 Approved and adopted by the City Commission of the Ci ty of Delray Beach, Florida, at the Annual Organizational Meeting held on ____________, 2012. ATTEST: _______________________________ Chevelle D. Nubin, MMC City Clerk Ref/S/Agenda 2012/Quasi-Judicial Rules MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:June 26, 2012 SUBJECT:AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF JULY 5, 2012 APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY ITEM BEFORE COMMISSION This item is before the City Commission for an appo intment to the Downtown Development Authority. BACKGROUND The term for regular member Mr. David Cook will exp ire on July 1, 2012. Mr. Cook will have served one (1) full term, is eligible and would like to be considered for reappointment. Appointment is neede d for one (1) regular member to serve a three (3) yea r term ending July 1, 2015. To qualify for appointment, a prospective member mu st reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement t hat at least four of the members must be owners of real estate withi n the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a di rector, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. A map of the Downtown Development Authority Boundary is included for your review. Currently serving on the Downtown Development Autho rity and meeting ownership and tax payment qualifications are Mr. Fran Marincola, Mr. Seabron Smith, Mr. Albert Richwagen and Mrs. Nancy Stewart-Franczak. The following individuals have submitted applicatio ns and would like to be considered for appointment: (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve on the Downtown Develop ment Authority for a three (3) year term ending July 1, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Downtown Development Authority for a three (3) year term ending July 1, 2015. DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 85 SE 4 th Avenue, Suite #108 Delray Beach, FL 33483 3 year term 06/12 TERM EXPIRES REGULAR MEMBERS 07/01/2014 Appt 06/21/11 Albert Richwagen *Tax qualification 07/01/2014 Appt 07/05/11 Ryan Boylston 07/01/2015 Appt 06/19/12 Bonnie Beer *Tax qualification 07/01/2014 Appt 08/05/08 Reappt 06/21/11 Diane Franco, Secretary 07/01/2012 Unexp Appt 05/15/07 Reappt 07/07/09 David Cook, Treasurer *Tax qualification 07/01/2014 Reappt 06/21/11 Reappt 07/01/08 Unexp Appt 07/11/06 Nancy Stewart-Franczak *Tax qualification 07/01/2013 Unexp Appt 07/21/09 Reappt 07/06/10 Seabron Smith *Tax qualification DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT “A” David Beale Attorney Tax Qualification David Cook Sales/Vice President Incumbent Mark Denkler Sales-Business Owner Tax Qualification Pearl Markfield Elrod Realtor (also applying for the Delray Beach Hous ing Authority) Kenneth Peltzie Self-employed Harold Van Arnem Principal/Developer MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:June 26, 2012 SUBJECT:AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF JULY 5, 2012 APPOINTMENT TO THE CIVIL SERVICE BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appo intment to the Civil Service Board. BACKGROUND The term for regular member Ms. Carol Anderson will expire on July 1, 2012. Ms. Anderson will have served one (1) full term and would not like to be c onsidered for reappointment. Secondly, there is a vacancy for an alternate member due to Ms. Carol Cl ark being appointed for regular membership. One (1) appointment will be made because there is only one (1) applicant at this time. The term is for two (2) years ending July 1, 2014. According to the Civil Service Act, there are to be five (5) regular members on the Civil Service Boar d; three (3) of which are to be of different vocations or vocational backgrounds, not employed by the Cit y in any capacity, official or otherwise and appointe d by the City Commission. Eligible City employees elect two (2) regular members. In addition, there a re two (2) alternate members. The appointee need no t be a resident, property owner or business owner wit hin the City. The following individual has submitted an applicati on and would like to be considered for appointment: Name Background Keith Sonderling Attorney A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) one (1) regular member to serve a two (2) year term ending July 1, 2014. RECOMMENDATION Recommend appointment of one (1) regular member to serve a two (2) year term ending July 1, 2014. CIVIL SERVICE BOARD 06/12 TERM EXPIRES REGULAR MEMBERS CURRENT OCCUPATION 07/01/2012 Appt 07/06/10 Carol Anderson Educator 07/01/2014 Appt 07/06/10 alt Appt 06/19/12 reg Carol Clark Retired/Accounting Clerk 04/01/2013 Appt 04/05/11 Larry Zalkin Financial Advisory 04/25/2013 Elected 04/27/05 Re-elected 04/26/06 Re-elected 04/26/07 Re-elected 04/30/08 Re-elected 04/30/09 Re-elected 04/29/10 Re-elected 04/28/11 Re-elected 04/25/12 Jennifer Reynolds, Chairperson Network Engineer 04/25/13 Elected 04/25/12 Chassler Holm Utility Maintenance Supervisor ALTERNATES 07/01/2012 Vacant 04/25/2013 Elected 04/25/12 Michael Vinci Planner MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:June 26, 2012 SUBJECT:AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF JULY 5, 2012 APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the City Commission for appoint ments to the Neighborhood Advisory Council. BACKGROUND The terms for regular members, Ms. Margherita Downe y (At Large Representative) and Ms. Isabel Make (Zone 4), will expire on July 31, 2012. Ms. Do wney will have served one (1) full term and would not like to be considered for reappointment. Ms. Ma ke will have served an unexpired term and would not like to be considered for reappointment. Second ly, there are vacancies for two (2) student members. However, there are no student applicants a t this time. Appointments are needed for two (2) regular members to serve three (3) year terms endin g July 31, 2015. The Neighborhood Advisory Council was established f or the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neig hborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and tw o (2) student members. Twelve (12) members are residents with two (2) selected from each of the si x neighborhood zones, and three (3) at large representatives, who may be selected from a communi ty civic organization or business owner located within a neighborhood zone interested in the enhanc ement of its surrounding neighborhoods. A map of the appointment zones is included for your review. The following individuals have submitted applicatio ns for consideration: (See Exhibit “A” Attached) Based on the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3) for two (2) regular members to serve three (3) year terms ending July 31, 2015. RECOMMENDATION Recommend appointment of two (2) regular members to serve three (3) year terms ending July 31, 2015. 06/12 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME 07/31/13 Unexp Appt 11/16/10 Zone 1 Susan Sims 07/31/14 Appt 09/06/11 Zone 2 Stephen Lampel 07/31/13 Unexp Appt 10/17/06 Reappt 10/16/07 Reappt 10/19/10 Zone 3 Linda Laurence Leib 07/31/13 Appt 10/19/10 Zone 4 Suzanne Donohue 07/31/14 Unexp 03/03/08 Reappt 10/07/08 Reappt 07/19/11 Zone 5 Gail-Lee McDermott 07/31/14 Unexp Appt 02/20/07 Reappt 10/07/08 Reappt 07/19/11 Zone 6 Linda Prior 07/31/14 Unexp Appt 06/05/12 Zone 1 Mark Behar 07/31/14 Unexp Appt 04/03/12 Zone 2 Colson Zulmar 07/31/15 Appt 06/19/12 unexp + 3 yrs Zone 3 Wendy Smith 07/31/12 Unexp Appt 10/20/09 Zone 4 Isabel Make 07/31/15 Appt 06/19/12 unexp + 3 yrs Zone 5 Dorothy Payne 07/31/15 Appt 06/05/12 unexp + 3 yrs Zone 6 Adam Reback 07/31/14 Uenxp Appt 02/03/09 Reappt 07/19/11 At Large Representative William Milner, 2 nd Vice Chair 07/31/14 Appt 08/02/11 At Large Representative Lee Cohen 07/31/12 Appt 10/06/09 At Large Representative Margherita Downey 07/31/12 Student Vacant 07/31/12 Student Vacant Board 12/Neighborhood Advisory Council NEIGHBORHOOD ADVISORY COUNCIL EXHIBIT A Applicant Subdivision Zone 4 Kristen Albanese N/A Bonnie Altenhein Del Ida Park Cory Cassidy (currently serving on the Kids & Cops Committee) Las P almas Barbara Chester Lake Eden At Large Representative Kristen Albanese N/A Bonnie Altenhein Del Ida Park Mark Behar Lees Crossing Cory Cassidy (currently serving on the Kids & Cops Committee) Las P almas Barbara Chester Lake Eden Wyana Claxton Tropic Bay Brenda Cullinan (currently serving on the Board of Adjustment) Tropic Ba y Shirl Fields N/A Dennis Guy Tropic Isles Sheri Hack Highland Grove Estates Pearl Markfield Elrod N/A Mary Minieka (currently serving on the Public Art Advisory Board)Linton La kes Nancy Richards Tropic Isle Maureen Smith Tropic Isle Patricia Westall Seaspray MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:June 26, 2012 SUBJECT:AGENDA ITEM 9.I. - REGULAR COMMISSION MEETING OF JULY 5, 2012 APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appoint ments to the Green Implementation Advancement Board. BACKGROUND The terms for regular members Ms. Ana DeMelo, Mr. J effrey Conley, Ms. Jayne King and Mr. Michael Marcus will expire on July 31, 2012. Ms. DeMelo and Ms. King will have served two (2) full terms and are not eligible for reappointment. Mr. Conley and Mr. Marcus will have served unexpired terms, are eligible and would like to be considered for reappo intment. Please note that Ms. Grossman is an alternate member and would like to be considered fo r regular membership. Secondly, there is a vacancy for one (1) alternate member. Appointments are need ed for (4) regular members to serve two (2) year terms ending July 31, 2014, and one (1) alternate m ember to serve an unexpired term ending July 31, 2013. On June 2, 2009, the Delray Beach City Commission a dopted Resolution No. 24-09 establishing the Green Task Force for the purpose of making recommen dations to the City Commission regarding ways to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustaina bility of the community; incentives for residents, businesses, and organizations to practice environme ntal conservation including recycling; proposed means to enhance water and energy conservation; ide as for promotion of tree planting and xeriscaping; best practices to be considered for implementation in Delray Beach, including long-term strategies; and proposed revisions to City ordinances to address Gr een technologies. The Commission later amended the number of board members and changed the board's name to the Green Implementation Advancement Board. The Green Implementation Advancement Board shall co nsist of seven (7) regular members and two (2) alternate members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own pro perty in the City, own a business within the City, or be an officer, director or manager of a business locat ed within the City. The following individuals have submitted applicatio ns and would like to be considered for appointment: (See Exhibit “A” Attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5) for four (4) regular members to serve two (2) year terms end ing July 31, 2014. Commissioner Carney (Seat #1) will make the appointment for one (1) alternate mem ber to serve an unexpired term ending July 31, 2013. RECOMMENDATION Recommend appointment of four (4) regular members t o serve two (2) year terms ending July 31, 2014, and one (1) alternate member to serve an unexpired term ending July 31, 2013. 05/12 GREEN IMPLEMENTATION ADVANCEMENT BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2012 Appt 08/04/09 Reappt 07/20/10 Ana DeMelo, Vice Chair Project Manager/Civil Engineering 07/31/2013 Appt 08/04/09 Reappt 06/21/11 David Hawke Architect 07/31/2012 Unexp Appt 12/06/11 Jeff Conley Architecture/Engineering- Principal 07/31/2012 Appt 08/04/09 Reappt 07/20/10 Jayne King, Chair Master Gardener/Educator 07/31/2013 Unexp Appt 04/05/11 reg Unexp Alt 03/02/10 Reappt 06/21/11 Stephanie “Chloe” Bedenbaugh Human Resources 07/31/2012 Unexp Appt 06/21/11 Michael Marcus Recycling-Managing Partner 07/31/2013 Unexp Appt 04/21/11 Reappt 07/05/11 Jeff Benavides Sustainability Project Manager ALTERNATE MEMBERS 07/31/2013 Unexp 05/15/12 Pamela Grossman Gardener/Recruiter 07/31/2013 Unexp Appt Vacant S/City Clerk/Board 12/Green Implementation Advancem ent Board CITY REPRESENTATIVE: Richard Reade 243-7009 GREEN IMPLEMENTATION ADVANCEMENT BOARD EXHIBIT A Isabelle Alarie Landscape Architect/Principal (currently servi ng on the Board of Adjustment) Jeffrey Conley Architecture/Engineering-Principal Incumbent Pamela Grossman Gardener/Recruiter Incumbent Michael Marcus Recycling/Managing Partner Incumbent Nancy Schneider Project Manager/Flight Attendant MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:June 26, 2012 SUBJECT:AGENDA ITEM 9.J. - REGULAR COMMISSION MEETING OF JULY 5, 2012 APPOINTMENTS TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appoint ments to the Financial Review Board. BACKGROUND The terms for regular members Mr. Brian Anderson, M r. Brian Wood and Ms. Luise Piane will expire on July 31, 2012. Mr. Anderson and Mr. Wood will ha ve served unexpired terms, are eligible and would like to be considered for reappointment. Ms. Piane will have served one (1) full term, is eligib le and would like to be considered for reappointment. Appointments are needed for three (3) regular members to serve two (2) year terms ending July 31, 2014. On October 6, 2009, the Delray Beach City Commissio n adopted Resolution No. 55-09 establishing the Budget Review Committee to review the City’s budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt ser vice expenses, capital outlay, grants to other enti ties and transfers to other funds or any other items tha t may favorably impact the City’s budget and overall financial condition. The Commission later adopted Resolution No. 58-09 which renamed the committee as the Financial Review Board with the expanded res ponsibilities of analysis of revenues and expenses and business practices and processes. Resolution No . 05-11 provided further amendments to clarify that the Board’s duties shall fall under the direction of the City Manager or the City Commission and to restrict the membership of the Board. The Financial Review Board shall consist of nine (9 ) members. Five (5) seats on the Board must be filled with a certified public accountant, accounti ng professional, finance professional, certified financial planner, investment advisor, insurance pr ofessional (property/casualty or health), business owner/manager/officer and someone with an MBA or MP A degree. The remaining four (4) members may be at large. The following individuals have submitted applicatio ns and would like to be considered for appointment: Applicants with experience in the professions requi red: Jeremy Office Associate Dir ector/Wealth Management Advisor MBA Luise Piane Executive Management/Retired Incumbent Brian Wood Director/Seni or Manager/Finance Incumbent Applicants interested in being an at -large member: Brian Anderson Director of Co mmunications Incumbent A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointments will be made Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1) and Commissioner Jacquet (Seat #2) for three (3) regular members to serve two (2) year terms ending July 31, 2014. RECOMMENDATION Recommend appointment of three (3) regular members to serve two (2) year terms ending July 31, 2014. FINANCIAL REVIEW BOARD 06/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/12 Unexp Appt 03/20/12 Brian Anderson Director of Communications 07/31/14 Unexp Appt 06/05/12 + 2 Yrs RosaTorres-Tumazos Business Strategy Consultant 07/31/13 Unexp Appt 04/05/11 Reappt 06/21/11 John Hallahan, Chair Assistant Director of Operations/Retired P.E. MBA 07/31/12 Unexp Appt 01/17/12 Brian Wood Director/Senior Manager-Finance 07/31/13 Appt 11/03/09 Reappt 6/21/11 Christina Morrison, Chair Realtor 07/31/13 Unexp Appt 06/05/12 Alan Weitz Banking 07/31/12 Appt 07/20/10 Luise Piane Executive Management ALTERNATES 07/31/13 Unexp Appt 01/03/12 Warren Trilling Business Development Manager CPA 07/31/13 Unexp Appt 06/19/12 Patricia Maguire Public Relations/Editor Contact: Barbara Flynn X-7115 S/City Clerk/Board 12/Financial Review Board MEMORANDUM TO:Mayor and City Commissioners FROM:R. Brian Shutt, City Attorney DATE:June 29, 2012 SUBJECT:AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF JULY 5, 2012 ORDINANCE NO. 16 -12 ITEM BEFORE COMMISSION This ordinance is before Commission for second read ing to consider an amendment to Chapter 33 “Police and Fire-Rescue Departments”, subtitle "Pen sions", Section 33.60, “Definitions”, Section 33.61, “Membership Conditions of Eligibility; Application”; Section 33.62, “Benefit Amounts and Eligibility”; Section 33.63, “Optional Forms of Benefits”; Sectio n 33.64, “Contributions”; Section 33.65, “Administration”; Section 33.66, “Finances and Fund Management”; Section 33.689, “Retirement Benefit Enhancement”; Section 33.70, “Direct Transf ers of Eligible Rollover Distributions”; and creating Section 33.73, “Termination of the System”, to implement and comply with Chapter 2009- 97, Laws of Florida; Chapter 2011-216; and the Internal Revenue Code; and to comply w ith a court decision. BACKGROUND The item before the City Commission is Ordinance No . 16-12 which provides for modifications to the Police/Fire Pension Ordinance. This item was first heard by the Commission on June 5, 2012 and was passed on first reading. On June 19, 2012 this item came before the Commission again for second reading and was postponed to the July 5, 2012 meeti ng. During the public hearing portion of the June 19th meeting Capt. Liguori, from the Fire Departmen t, who is also Chair of the Police and Fire Pension Board, raised a couple of questions regarding the w ording of the ordinance. The issues raised by Capt. Liguori were the inclusion of the word “fiscal” or “calendar” to define the year under the definition of “Earnings” and our ability to limit the fire and po lice chief’s replacements to senior management. I have conferred with Jim Linn, the City’s pension attorney, regarding the issues raised by Capt. Liguori, see attached memo from Mr. Linn. The memo provides that we included the word “fiscal” in the definition to provide for a proper application of the benefit. Mr. Linn also provides that the limiting of the substitute person for the fire or police chief to a senior management position does not violate the provisions of Chapters 175 and 185. RECOMMENDATION Recommend approval of Ordinance No. 16-12 on second and final reading. ORDINANCE NO. 16-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33 "POLICE AND FIRE-RESCUE DEPARTMENTS", SECTION 33.60, "DEFINITIONS"; SECTION 33.61, "MEMBERSHIP CONDITIONS OF ELIGIBILITY; APPLICATION"; SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY"; SECTION 33.63, "OPTIONAL FORMS OF BENEFITS"; SECTION 33.64, "CONTRIBUTIONS"; SECTION 33.65, "ADMINISTRATION"; SECTION 33.66, "FINANCES AND FUND MANAGEMENT"; SECTION 33.689, "RETIREMENT BENEFIT ENHANCEMENT"; SECTION 33.70, “DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS”; AND CREATING SECTION 33.73, "TERMINATION OF THE SYSTEM", TO IMPLEMENT AND COMPLY WITH CHAPTER 2009-97, LAWS OF FLORIDA; CHAPTER 2011- 216; AND THE INTERNAL REVENUE CODE; AND TO COMPLY WITH A COURT DECISION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to amend the City Polic e And Firefighters Retirement System as set forth in Chap ter 33 of the City Code to implement certain provisions of Chapter 2009-97, Laws of Florida; Chapter 2011-216, Laws of Florida; the Internal Revenue Code; and the decision of the court in State of Florida Dept. Mgt. Svs. v. City of Delray Beach, Florida, 40 So. 3d 835 (Fla. 1 st DCA 2010). BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY O F DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 33, “Police and Fire-Rescue Departments”, Secti on 33.60 “Definitions”, of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.60. - DEFINITIONS. For the purpose of this subchapter, the following de finitions shall apply unless the context clearly indicates or requires a different meaning. 2 Ord No. 16-12 Average monthly earnings. One thirty-sixth of the arithmetical average for th e highest consecutive thirty-six-month period precedi ng the actual retirement or termination of a member; provided, however, the benef it derived shall not be less than the benefit that would have been paid based on a defini tion of average monthly earnings of one twenty-fourth of the arithmetical average for the highest consec utive twenty-four-month period, as calculated prior to the effective date of Ordinance No. 17-04. In addition to other applicable limitations set for th in the plan, and notwithstanding any other provisions of the plan to the contrary, for the plan years beginning on or after January 1, 1996, the annual c ompensation of each Member taken into account under the plan shall not exceed the annual compensation limit of Section 401(a)(17)(B) of the Internal Revenue Code, as amen ded for cost of living increases, which is incorporated herein by reference. Earnings. Prior to October 1, 2006, earnings shall me an base Basic wages paid to a member, including state education compensation , police basic education and police and fire career education compensation, but excluding overtim e, bonuses and any other payments. Effective October 1, 2006, earnings for firefight er members shall mean base wages paid to the member including state education compe nsation and fire career education compensation, but excluding overtime, bonu ses and any other payments. Effective October 1, 2006, earnings for police officer m embers, shall mean base wages paid to the member including state education compen sation, police basic education, police career education compensation and up to twen ty-five (25) hours of overtime compensation per fiscal year, but excluding bonuses and any other payme nts. Section 2. That Chapter 33, “Police and Fire-Rescue Departments”, Sec tion 33.61, “Membership, Conditions of Eligibility; Application”, of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.61- MEMBERSHIP; CONDITIONS OF ELIGIBILITY; APPLICATION. (A) Conditions of eligibility. (1) Employees, as defined in Section 33.60, who are covered under the retirement program provided under F.S. Chapters 175 and 185, as of the effective date, shall become members of this system. 3 Ord No. 16-12 (2) Any employee who is a member of the City's retiremen t plan for general employees at the time of adoption of this retiremen t system may become a member of this system provided he elects to transfer his employee contribution account from the retirement plan for general employees to this system, which he is authorized to do by this subchapter, and provided he also deposits to the Trust Fund, on the basis of procedures established by the Board of Trustees, an amount equal to the additional moneys he would have contributed had he always be en covered under F.S. Chapters 175 and 185, plus interest in an amount to be determined by the Board. (3) Any other employee shall, as a condition of employment, become a member upon employment, provided that: (a) The employee satisfactorily completes all required medi cal examinations for an emp loyee of his classification, including any examination prescribed by the Board; and (b) The employee meets all requirements of the Civil Servic e Board of the City. However, for purposes of disability benefits hereunder , the Board may declare anyone becomi ng a member under subsection (A)(3) of this Section to be permanently ineligible, but only at t he time of initial membership, and only in the event that any medical examination under subsection (A)(3)(a) of this Section reveals a cond ition or symptom which has previously been determined by the Board to render members not eligible for disability. A determination by the Board as to disqualifyi ng conditions and symptoms must be reflected in prior Board minutes, and a declaration of a member's ineligibility mus t be recorded in the Board's minutes and noted on the member's application form. (B) Application. Each eligible employee shall complete an application form covering the following points, as well as any other points or i tems as may be prescribed by the Board. (1) The employee's acceptance of the terms and conditio ns of the retirement system, including an initialing of any declaration of ineligibility for disability benefits; (2) The employee's designation of a beneficiary; and (3) Authorization of a seven and thirty thr ee hundredths (7.33) percent payroll 4 Ord No. 16-12 deduction payable to the system, effective October 1, 1989 in the amount provided for in Section 33.64 (A). (C) Change in Designation of Beneficiary. (1 ) A member, including a member who has elected to p articipate in the Deferred Retirement Option Plan pursuant to Section 33.685, shall designate the joint pensioner annuitant or beneficiary to receive the benefit, if any, pay able under the plan in the event of the member's death, on a form provi ded by the Board of Trustees. (2) The member may revoke or change the designation of a joint pensioner annuitant or beneficiary at any time prior to the commenceme nt of retirement income or benefits, or prior to the member's entry into th e Deferred Retirement Option Plan , by submitting such change in writing on a form provi ded by the Board of Trustees. (3) A retired member, including a retired member who retired prior to the effective date of this ordinance [December 31, 1999 ], is a participant in the Deferred Retirement Option Plan may also change the designation of the member's a joint pensioner annuitant or beneficiary after the commencement of retirement income or benefits up to two times without the approval of the Board of T rustees. Any additional changes must be approved by the Board of Trustees. A retiree need not provide proof of the good health of the joint annuitant or benefici ary being removed, and the joint annuitant or beneficiary being removed need not be living. The conse nt of the retiree's joint annuitant or beneficiary to any change in such designatio n shall not be required. subject to approval by the Board of Trustees, and in accordanc e with the following: (1) The member must pay the full cost of determining the equivalent a ctuarial value of the benefit payable. (2) The consent of a member’s joint pensi oner or beneficiary to any such change in such designation shall not be required. (3) The amount of retirement income payable to the member upon the designation of a new joint pensioner annuitant shall be actuarially redetermined, taking into account the benef its already received by the member, and the age and sex of the former joint pensioner , annuitant the new joint pensioner annuitant and the member. (4) Each designation of a joint pensioner annuitant or beneficiary shall be made in writing on a form provided by the Board of Trustees. (5) Upon a change in designation of joint pensioner annuitant or beneficiary, the rights of all previously designated joint pensioner annuitants or beneficiaries to receive any benefit under the system shall cease. 5 Ord No. 16-12 Section 3. That Chapter 33, “Police and Fire-Rescue Departments”, Sec tion 33.62, “Benefit Amounts and Eligibility”, of the Code of Ordinances of t he City of Delray Beach is hereby amended to read as follows: * * * * (J) Required Payment of Pension Benefits. Pension benefits shall begin no later than April 1 of the calendar year following the calendar year in which the member retires, or in which the member attains age seventy and one-half (70 1/2), even if the member has not filed a claim for pension benefits. In addition, payment of benefits shall be made in accordance with the applicable provisions of Section 401(a)(9) of the Internal Revenue Code, which is incorporated herein by reference. Notwithstanding any other provision of this pla n to the contrary, a form of retirement income payable from this plan, shall satisfy the following c onditions: (1) If the retirement income is payable before the member's death: a. It shall either be distributed or commence to the m ember not later than April 1 of the calendar year following the later of the calenda r year in which the member attains age 70 1/2, or the calendar year in which the member retires ; b. The distribution shall commence not later than the calendar year defined above; and (i) shall be paid over the life of the m ember or over the lifetimes of the member and spouse, issue or dependent, or (ii) shal l be paid over the period extending not beyond the life expectancy of the mem ber and spouse, issue or dependent. Where a form of retirement income payment has commenced in accordance wi th the preceding paragraphs and the member dies before his entire interest in the plan has been distributed, the remaining portion of such interest in the plan shall be distributed no less rapidly than under the form of distributi on in effect at the time of the member's death. (2) If the member's death occurs before the distribution of his interest in the plan has commenced, member's entire interest in the plan shall be distributed within five years of member's death, unless it is to be distributed in acc ordance with the following rules: a. The member's remaining interest in the plan is pay able to his spouse, issue or dependent; 6 Ord No. 16-12 b. The remaining interest is to be distributed over t he life of the spouse, issue or dependent or over a period not extending b eyond the life expectancy of the spouse, issue or dependent; and c. Such distribution begins within one year of the mem ber's death unless the member's spouse, is the sole designated benefic iary, in which case the distribution need not begin before the date on whic h the member would have attained age 70 1/2 and if the member's spouse dies before the distribution to the spouse begins, this section shall be applied as if the spouse were the member. Section 4. That Chapter 33, “Police and Fire-Rescue Departments”, Sec tion 33.63, “Optional Forms of Benefits”, of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.63. OPTIONAL FORMS OF BENEFITS. Each member entitled to a normal, early or disabilit y retirement benefit shall have the right at any time prior to his actual retirement to elect to have his benefit payable under any one of the options hereinafter set forth in lieu of the benefits otherwise provided herein, and to revoke any elections and make a new election at any time prior to actual retirement. The value of optional benefits shall be actuarially equivalent to the value of benefits otherwise payable. The member shall make an election by written request to the Bo ard of Trustees, this request being retained in the Board's files. (A) Option 1. Joint and Last Survivor Option. A retiring member may elect to receive an actuarially adjusted retirement benefit during his lifetim e and have such retirement benefit (including seventy-five (75) percent, sixty-six and s ixty-six one hundredths (66.66) percent or fifty (50) percent thereof) continued after his dea th to and during the lifetime of a designated joint annuitant pensioner . The election of Option 1 shall be null and void if the designated joint annuitant pensioner dies before the member's retirement, unless the member des ignates another joint annuitant pensioner in accordance with Subsection 33.61(C). In addition, the member may elect to add a "pop-up" feature to his joint and survivor opti on, then, upon the death of his joint annuitant pensioner , the amount of his monthly payment will be increased to the amount of a straight life annuity and such amount will be payable as of the first day of each month after the death of his joint annuitant pensioner for the remainder of his lifetime. A member electing to add the pop-up feature to his joint and survivor opti on will have his monthly benefit under this Option 1 actuarially reduced to take into account the addition of the pop-u p feature. 7 Ord No. 16-12 Section 5. That Chapter 33, “Police and Fire-Rescue Dep artments”, Section 33.64, “Contributions”, of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.64. CONTRIBUTIONS. (A) Member Contributions. (2) Effective October 1, 1989, the City shall pick u p the member contribution required by subsection (A)(1) above. The contributi ons so picked up shall be treated as employer contributions in determining tax treatment under th e United States Internal Revenue Code. The City shall pick up the member contributions from fu nds established and available in the salaries account, which funds would have otherwise been desi gnated as member contributions and paid to the pension fund. Member contributions picked up by the City pursuant to this subdivision shall be treated for purposes of making a refund of m ember contributions, and for all other purposes of this and other laws, in the same manner and to the same extent as member contributions made prior to the effective date of t his subdivision. The intent of this subdivision is to comply with Section 414(h)(2) of the Internal Re venue Code. No employee shall have the option of choosing to receive the contributed amou nts directly instead of having them paid by the City to the System. Section 6 . That Chapter 33, “Police and Fire-Rescue De partments”, Section 33.65, “Administration” of the Code of Ordinances of the City of Del ray Beach is hereby amended to read as follo ws: Sec. 33.65. ADMINISTRATION. (A) The general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of t his subchapter are vested in a Board of Trustees consisting of nine (9) persons as follows: (1) The Mayor; or upon the Mayor's designation, the Ass istant City Manager; (2) Two (2) public members, one of whom may be a City Commissi oner, to be appointed by the City Commission as hereinafter pro vided; (3) The Fire Chief or, in the event of the Fire Chief’s termination of participation in the system, a firefighter (with a minimum rank of Chief Office r) designated by the Fire Chief; 8 Ord No. 16-12 (4) The Police Chief or, in the event of the Police Chi ef’s termination of participat ion in the system, a police officer (with a minimum rank of Captain) designated by the Police Chief; (5) Two (2) members of the Fire Department to be electe d as hereinafter provided; (6) Two (2) members of the Police Department to be elec ted as hereinafter provided. (B) The term of office of each appointed and electe d trustee shall be two (2) years except that the initial terms within each category above shall be for two (2) and three (3) years. The initial terms shall commence on the effective date of this system. Initially in each elective category, the trustee receiving the most votes shall serve a thre e-year term, the second most votes a two-year term. Section 7 . That Chapter 33, “Police and Fire-Rescue De partments”, Section 33.66, “Finances and Fund Management” of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.66. FINANCES AND FUND MANAGEMENT. (E) The Board of Trustees shall have the following investment powers and authority: (3) Notwithstanding any limitation provided in Chapt er 175 or Chapter 185, Florida Statutes, or any limitation or condition contained in Section 215.47, Florida Statutes, the Board of Trustees may invest and reinvest pension f und assets in such securities, investment vehicles and property wherever situated and of what ever kind, as the Board shall approve in the exercise of its fiduciary duty and a uthority, including but not limited to common or preferred stocks, bonds and other evidences of indeb tedness or ownership. In no event, however, shall more than ten (10) perc ent of the assets of the fund, at cost, be invested in foreign securities; provided, if state law is amended to allow investments in foreign securities of fifteen (15) or more percent of fund asse ts, t T he Board may invest up to twenty-five (25) fifteen (15) percent of fund assets, at cost on a market-value basis in foreign securities. 9 Ord No. 16-12 Section 8 . That Chapter 33, “Police and Fire-Rescue De partments”, Section 33.689, “Retirement Benefit Enhancement” of the Code of Ordinances of the City of Delray Beach is hereby amend ed to read as follows: Sec. 33.689. - RETIREMENT BENEFIT ENHANCEMENT. (A.) Effective October 1, 1994, the benefits paid to eligible re tirees or their beneficiaries shall be adjusted as provided in this Section. For the purpose of this Section, "eligible retirees" are members who retired or term inated employment after September 30, 1993, and whose date of hire as a City Police Officer or Firef ighter was twenty-five (25) or more years prior to the benefit adjustment date. Th e benefits payable under the system to all eligible retirees or their beneficiaries shall be based on the amount of insurance premium tax revenues received by the City for the preceding pla n year pursuant to chapters 175 and 185, Florida Statutes. A minimum benefit increase o f one percent per year will be provided, regardless of the amount of premium tax revenues received by the City. (B.) Firefighter retirees. To the extent total annual premium tax revenues received pursuant to Chapter 175, Florida Statutes, exceed one hundred ninety seven thousand nine hundred ninety-five dollars ($197,995.00) five hundred four thousand nine hundred twenty two dollars ($504,922.00), the annual one percent minimum adjustment for fir efighter retirees will be increased in increments of one-tenth of one percent, bas ed on the actuary's determination that the amount of the excess premium tax revenues is sufficient to fund the benefit increase on an actuarially sound basis. The maximum amount of the t otal annual benefit increase shall not exceed four (4) percent, regardless of the amount of pre mium tax revenues received by the City. The annual benefit adjustment provided un der this Section shall be compounded annually (i.e. the i ncrease shall be based on the benefits received by plan members and beneficiaries at the end of the preceding plan year). The benefits payable under the system to all eligible retirees or their beneficiaries shal l be adjusted annually on the anniversary o f the retiree’s first benefit payment. Disability re tirees and their beneficiaries are not eligible to receive the retirement benefit enhancement. (C.) Police officer retirees. To the extent annual premium tax revenues received pursuant to Chapter 185, Florida Statutes, exceed three hundred six thousand nine hundred twenty-seven dollars ($306,927.00) and are less than four hundred forty-six thousand four hundred and seven dollars ($446,407.00), the annual one percent minimum adjustment for police officer retirees will be inc reased in increments of one-tenth of one percent, based on the actuary's determination that the am ount of such premium tax revenues is sufficient to fund the benefit increase on an actuarially sound basis. The maximum amount of the total annual benefit increase shall not exceed four (4) percent, regardless of the amount of premium tax revenues received b y the City. Annual premium tax revenues received pursuant to Chapter 185, Florida Statutes , in excess of four hundred forty- six thousand four hundred and seven dollars ($446,407.00) shall be use d to provide for the inclusion of overtime compensation, up to a maximum of thre e hundred hours per year, that the actuary for the plan determines may be funded on an ac tuarially sound basis entirely 10 Ord No. 16-12 with annual Chapter 185 premium tax revenues in excess of f our hundred forty-six thousand four hundred and seven dollars ($446,407.00). When the actuary for the plan determines that adequate premium tax revenues received pursuant to Chapt er 185 in excess of four hundred forty-six thousand four hundred and seven dollars ($446,407.00) annually have been allocated to fully fund on an actuarially sound basis the incl usion of three hundred hours of overtime compensation annually in the earnings of active poli ce officers who are not participating in the Deferred Retirement Option Plan, then all future additional premium tax revenues shall be used to provide the annual benefit adjust ment for police officer retirees. (D) The annual benefit adjustment provided under th is Section shall be compounded annually (i.e. the increase shall be based on the benefits receiv ed by plan members and beneficiaries at the end of the preceding plan year). The benefits payable under th e system to all eligible retirees or their benefici aries shall be adjusted annually on the anniversary of the reti ree's first benefit payment. Disability retirees an d their beneficiaries are not eligible to receive the reti rement benefit enhancement. Section 9 . That Chapter 33, “Police and Fire-Rescue De partments”, Section 33.70, “Direct Transfers of Eligible Rollover Distributions” of t he Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.70. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER D ISTRIBUTIONS. (B) Definitions. (1) Eligible Rollover Distribution. Any distribution of all or an y portion of the balance to the credit of the distributee, except that a n eligible rollover distribution does not include: any distribution that is one of a series of subst antially equal periodic payments (not less frequently than annually) made for life (or li fe expectancy) of the distributee or the joint lives (or joint life expectancies) of the dist ributee and the distributee's designated beneficiary, or for a specified period often (10) ye ars or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includable in gross income. (2) Eligible Retirement Plan. An eligible retirement pl an is an individual retirement account described in Section 408(a) of t he Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue C ode, an annuity plan described in Section 403 (a) of the Internal Revenue Code, a quali fied trust described in Section 401 (a) of the Internal Revenue Code, an eligible deferred compensation plan described in Section 457(b) of th e Internal Revenue Code which is 11 Ord No. 16-12 maintained by an eligible employer described in Sectio n 457(e)(1)(A) of the Internal Revenue Code, or an annuity contract described in Section 403 (b) of the Internal Revenue Code, that accepts the distributee's eligible rollover distr ibution. (3) Distribute. A distributee includes an employee or former em ployee. In addition, the employee's or former employee's surviving spouse is a distributee with regard to the interest of the spouse. Effective as o f January 1, 2008, an Employee's or former Employee's non-spouse Beneficiary is a distributee with regard to the interest of the Employee or former Employee. (4) Direct Rollover. A direct rollover is a payment by the pla n to the eligible retirement plan specified by the distributee. Effec tive as of January 1, 2008, a non-spouse Beneficiary may make a direct rollover only to an "inherited" individual retirement account as described in Section 408(b) of the Internal Revenue Code. Section 10 . That Chapter 33, “Police and Fire-Rescue De partments”, Section 33.73, “Termination of the System” of the Code of Ordinances of th e City of Delray Beach is hereby enacted to read as follows: Sec. 33.73. TERMINATION OF THE SYSTEM. If it is determined by the City Commission that thi s Retirement System be terminated it shall be terminated in accordance with State law as set fort h in Chapters 175 and 185, as those Chapters now exist and as they may be amended in the future. Section 11 . That should any section or provision of this ordinance or any portion t hereof, any paragraph, sentence, or word be declared by a court of compe tent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 12 . That all ordinances or parts of ordinances in conflict herewith b e, and the same are hereby repealed. Section 13 . That this ordinance shall become effective immediately upon p assage on second and final reading. 12 Ord No. 16-12 PASSED AND ADOPTED in regular session on second and final readi ng on this the _____ day of ___________________, 2012. _________________________________ Mayor ATTEST: _______________________________ City Clerk First Reading __________________ Second Reading _________________ MEMORANDUM TO:Mayor and City Commissioners FROM:R. Brian Shutt, City Attorney DATE:May 29, 2012 SUBJECT:AGENDA ITEM 12.A. - REGULAR COMMISSION MEETI NG OF JUNE 5, 2012 ORDINANCE NO. 16 -12 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 16-12 which provides for modifications to the Police/Fire Pension Ordinance. BACKGROUND The City of Delray Beach Police and Fire Pension Board requested certain changes to our City ordinance regarding the police/fire pension plan in order to implement certain provisions of state law, the Internal Revenue Code and the decision in the case of the Department of Management Services v. City of Delray Beach. The Pension Board has also proposed changes that are not required by state or federal law but would require a policy determination by the Commission. Jim Linn, the City’s pension attorney, has also reviewed the proposed ordinance, see attached memo. I have highlighted the areas where staff has a question or concern regarding the proposed language. They are: 33.60 – the highlighted words in the definition of “Earnings” was proposed by Jim Linn in an effort to clarify the language. 33.61 – It is suggested that paragraph 3(b) be removed as the Civil Service Board does not have j urisdiction over these employees. 33.65 – The pension board requested changes to allow the fire/police chief or their designees to sit on the board and to extend the terms of board members from 2 to 4 years. This request is not required by State law or the IRS. 33.73 – The pension board requested this section be added regarding the termination of the plan. Staff’s concern is that this primarily duplicates State law and that we should just provide a statement that we will follow State law as it relates to the termination of the plan. The Commission will need to give direction when approving the ordinance on first reading regarding the highlighted language. RECOMMENDATION Commission discretion. Pa g e 1of 1 Coversheet 6/12/2012 htt p ://itweba pp /A g endaIntranet/Bluesheet.as p x?ItemID=5656&Meetin g ID=378 MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:June 26, 2012 SUBJECT:AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF JULY 5, 2012 ORDINANCE NO. 20 -12 ITEM BEFORE COMMISSION This ordinance is before Commission for second read ing to consider a city-initiated ordinance amending Chapter 110, “Local Business Taxes Generally”, Sect ion 110.15, “Local Business Tax Schedule”, to provide for a 5% percent increase in all business t ax fees. BACKGROUND At the first reading on June 5, 2012, the Commissio n passed Ordinance No. 20-12. At the June 19, 2012 Regular Meeting, Commissioner Frankel and Commissioner Jacquet were absent. Because Florida State Statute Chapter 205, "Local B usiness Tax", requires 4 affirmative votes from the Commission before local business tax laws can be en acted, the Commission postponed Ordinance No. 20-12. For additional information a survey of tax rates an d revenues from other cities is attached. The spec ific classifications listed for cities are shown only as examples and are far from all inclusive. RECOMMENDATION Recommend approval of Ordinance No. 20-12 on second and final reading. ORDINANCE NO. 20-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, “LOCAL BUSINESS TAXES GENERALLY”, OF THE CODE OF ORDINANCES BY AMENDING SECTION 110.15, “LOCAL BUSINESS TAX SCHEDULE”, TO ELIMINATE OUTDATED BUSINESS CLASSIFICATIONS AND TO PROVIDE FOR AN INCREASE IN THE LOCAL BUSINESS TAX SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 110.15 “Local Business Tax Schedule ”, of the Code of Ordinances of the City of Delray Beach establishes the individual b usiness tax required to be paid annually to the City by persons engaging in or managing/transacting an occu pation or profession; and WHEREAS, pursuant to Chapter 205, Florida Statutes , the City Commission has determined it to be appropriate to increase said local business tax. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1 . That Chapter 110, “Local Business Taxes Generall y”, of the Code of Ordinances is amended by amending Section 110.15, “Loca l Business Tax Schedule”, to read as follows: The following enumerated individual local business tax es shall be paid to the City by the persons engaging in or managing or transacting the several occupations or professions named yearly, unless otherwise specified: Classification All Fees $156.56 164.39 except as noted Abstracting Company Land title, warranty or security company. Each indi vidual conducting the business of abstracting title, either in part or in whole, shall pay a lice nse tax. Academy of Music Adult Entertainment Advertising 2 ORD. NO. 20-12 Agencies, firms, associations, corporations or othe r persons distributing circulars, pamphlets or other advertising matter, except local merchants an d theaters advertising in this way their own goods and merchandise, shall pay an annual license tax. Ad vertising Agencies engaged in the business of bill posting sh all pay a license tax, per year. Advertising Office, Public Relations Alleys, Bowling, Boxball or Tenpins Each lane 25.35 26.62 Ambulance Separate from undertaking, each 88.57 93.00 Amusement Parlors or Concert Halls Apartment , Rooming Houses Per room, excluding kitchen and bathrooms 6.37 6.69 Aquarium Armored Car Service Each vehicle 88.57 Art Gallery (1) Art Studio, workshop, classes (2) Artist, commercial (See Retail) (3) Artist material or supplies (See Merchants) (4) Artists' outdoor sale: Each sale, first day 37.97 Each day thereafter 12.74 Astrologists, Clairvoyants, Fortune Tellers, Palmis ts, Phrenologists, Spiritualists, Numerologists and Mental Healers These activities and others of a similar nature, wh ether or not in connection with another business charging fees, shall pay a license tax. Athletic Club, Gymnasium /Fitness Center (Zoning) Auctio neers Auctions Auction, Real Estate Per day 3 ORD. NO. 20-12 Automatic Amusement Machines, Games or Devices, Dis tributor Annual Fee Note: It is understood that this shall not be const rued to license or permit operation or display of gambling devices. Automatic Games and Devices or otherwise, marble games, such as throwing balls at figures and the like, which are not elsewhere provided for in this Chapter. Each machine or apparatus 63.21 66.37 Automatic Trade Machines Where only incentive to operate same is to procure such as gum, nuts and the like Each machine 37.97 39.87 Distributor 149.94 157.44 Automatic Weighing Machines Distributor Each machine 12.74 13.38 Automobile or Motor Vehicles, Trucks, Farm Tractors and Farm Implements, Motorcycles (1) Auto agency or dealer, in new or used cars, motor v ehicles, motorcycles, trucks, farm tractors and farm implements, with one principal place of bu siness, not to exceed one lot for display purposes, each agency, not to include repairs. (2) Each additional display lot. (3) Rental of vehicle not to exceed thirty (30) days as replacement for vehicles undergoing repairs by agency. Automobile (1) Automatic car wash, not in connection with other bu siness (2) Automobile association (See Insurance) (3) Driving school (4) Parking lots, commercial, each lot (5) Repair shop or garage, in connection with auto agen cy (6) Repair shop or garage not in connection with other business (7) Self -serve car wash, first unit 50.60 53.13 Each additional unit 12.74 (8) U -Drive rentals (9) Upholstering, tops, seat covers and the like 4 ORD. NO. 20-12 (10) Automobile used parts, dealers in, used for purpose s other than junk (11) Wrecker service, towing (12) Auto detailing Automobile Service Station Washing and polishing, greasing, lubricating and li ke servicing of automobiles, selling gasoline and oil, but not to include repair work and not to include t he sale of merchandise required to be licensed otherwise by ordinance under Merchants. Automobile Service Station Selling merchandise other than petroleum products u sed in greasing and lubricating, shall pay the Merchants license on other merchandise in addition to the foregoing. Baby Sitter Service 75.94 82.37 Baggage or Freight Transfer Company Bakery Wholesale and retail, each store Ballrooms for Profit Banks (National and State chartered), Savings and Loan Associations (per Section 5219 Revised Statutes 12 U.S.C. 548) Bankruptcy, Closing Out, Trustee Sale (See Fire sale) Barber Shops Beach Equipment (Subject to bids to the Commission) Beauty Shops Bible, Holy —Solicitors Bicycle Shop, both retail and repair Billiard, Pool or Bagatelle Tables For profit, e E ach table 63.21 66.37 Birds Dealers Blueprinting Service Maps, plats and the like Boat Agencies, New/Used Each lot, not to include repairs 5 ORD. NO. 20-12 Boats for Hire Fishing, cruising or sightseeing (each boat) Boathouses Storage only Boat Marinas, Dockage, Yacht Basins Boat Repair Boiler, Machine Shops or Foundries Bondsman, Bail Bonds Book, Magazine Solicitors Per week 63.21 66.37 Per person 25.36 26.62 Interstate commerce No fee Bookkeeper/Accountant , not C.P.A. Boot and Shoe Repair Shop Bottling Works Brokers Stockers, [Stocks,] bonds, mortgages, customs and o thers Building Inspector Building and Loan Associations (See Banks) Burglar Alarm Company Bus Station , intrastate business only Business College, Trade Schools Business Office Butcher Shop Cabinet Shop Carpet and Rug Cleaning Each location Caterers Fixed base or mobile, each truck 63.21 66.37 Ceramic Studio Chemical Companies Christmas Tree Sales 6 ORD. NO. 20-12 Season only, each lot Citrus Fruits and Vegetable Retail (See Merchants) Claim and Collecting Agencies Cleaning, Pressing, Dyeing (See Laundries) Clothing Secondhand dealers Cold Drink Stand (See Merchants) Cold Storage All types Commission Merchants Handling shipments (other than specifically provided for herein) on a Commission basis Computer Service Concrete Products (See Manufacturer) Concrete Ready -Mix Plant Contractors (1) General (2) Engineering contractor (includes bridge, bulkheadin g , drainage, excavating, sewer construction, dredging, irrigation systems, pile driving, seawall s, sidewalk, street grading and paving and similar contract work (3) Structural and reinforced iron and steel (4) Subcontractors and others as listed: Concrete, stone, brick Electrical Heating and ventilating House movers Masons Plasterers Roofing Sheet metal and tinsmith Septic tank Tile Well drilling Floor sanding and finishing Lathers Plumbers 7 ORD. NO. 20-12 (5) Any person who shall accept orders to be engaged in the business of accepting orders or constructs on cost plus, fixed fee, stated sum, per centage basis or any combination thereof, or for compensation other than wages for doing work on or in any building or structure requiring the use of paint, stone, brick, mortar, cement, wood, structur al steel or iron, sheet iron, metallic piping, tin, lead or any other building material; or to do any p aving or curbing on sidewalks or streets, on public or private property, using asphalt, brick, stone, ceme nt or wood or any combination; or to excavate for foundations or any other purpose, or to construct s ewers, septic tanks, docks, drive piling, construct bridges, construct seawalls and bulkheads of any an d all description; and who is engaged in the business of building, remodeling, repairing, razing or moving, whether it be by contract, fixed fee or sublet, percentage or any combination thereof, or f or compensation other than wages, shall be deemed to be a contractor within the meaning of thi s Chapter. Convalescent Home (not sanitarium) Ch. 400, Florida Statutes, zoning, State Department of Health and Rehabilitative Services regulations Costume, Clothing Rental Credit Bureaus Dairies (milk distributors, jobbers or creameries deliverin g milk) Each truck 88.57 Dance Halls Dancing Schools Data Processing (See Professional) Dealers in Secondhand Firearms This license shall be exclusive of all other licens e taxes. All secondhand dealers shall keep a permanent record of all purchase and sales, includi ng dates, description of property purchased or sold , names and addresses of persons purchasing or sellin g them. Delicatessen Dental Supplies Dental Technician Laboratory Department Stores (See Merchants) Detective Agency Each location (state certificate) Distributor Dog and Pet Grooming Sale of supplies (See Merchants) Dressmaking, Hemstitching (no stock carried) Drugs, Retail Dealer (See Merchants) Dry Cleaning (See Laundries) Electric Light and Power Companies 8 ORD. NO. 20-12 Emigrant Agents Including any agent, solicitor or recruiter engaged in the business of hiring, enticing or soliciting laborers or emigrants. Employment Agencies Engravers or Lithographers Export or Import Companies Express Companies (Intrastate only) Exterm inators (State certificate) Fertilizer Manufacturers —Mixing Plant Fire Extinguisher Sales, Service Fire and Wreck Sales When not conducted by bona fide business concerns p reviously established and doing business in the City), of undamaged goods of that firm having damage by fire or wreck, each sale. Fish or Poultry Market Fish Peddler (See Peddlers of merchandise) Fishing Tackle (See Merchants) Fishing Tackle or Gun Repair Florists or Dealers in Flowers , each Food Lockers —Cold Storage Fruit, Vegetable Stand Fumigating (See Exterminators) Furniture and House Furnishing (See Merchants) Gas Companies (1) Distributing and selling gas through pipelines (2) Selling bottled gas (3) Gas tank wagon delivery only Gasoline and Oil Distributors Wholesale, Storage Facilities in the City Golf Courses , each Golf Driving Range , each Golf Miniature , each Guaranty or Surety Title Companies Guard, Patrol Service (See Detective Agency) Guns, Sales or Repair /Gun Range 9 ORD. NO. 20-12 Need Federal firearms dealers license Harness and Saddlery (See Merchants) Home Occupation Hospitals, Sanitarium Hotels Per room, excluding kitchens and bathrooms 6.37 6.69 Hypnotists Must meet requirements set forth in F.S. Chapter 45 6 Ice Cream Manufacturers Ice Cream Parlors Ice Cream Wagon or Truck , each 126.41 132.73 Ice Manufacturing or Storage Import, Export (See Export) Insecticide Manufacturers or dealers Installers, Carpets Insurance Adjusters Insurance Agency For each company represented Insurance Baggage, each company represented Insurance Casualty, life, hospitalization, industrial, burial , bonding and surety companies, each Interior Decorator Invalid and Hospital Supplies Jewelry Dealers buying and selling old gold, silver and oth er precious metals, or offer to buy and sell (permanent records of all purchases and sales, incl uding dates, description of property purchased and sold, names and addresses of persons purchasing or selling required). Jewelry Repair Jewelry Store (See Merchants) Junk Shops or Dealers License required whether or not sale or purchase or both, or solicitations are made 10 ORD. NO. 20-12 Kennels, Animal (Approved location) Key Shop, Locksmith and Associated Services (See Merchants) Knife, Scissors and Tool Sharpener Landscape Company Laundry or Dry Cleaning Plant Agent for out of town laundries Local agency, permanent office Self -service Lawn Maintenance Lawn Spraying Board of Health certificate Linen or Diaper Service Loan, Finance, Mortgage Company Lumber Dealers Lunch Stands , (Not over twenty -five (25) chairs) Machine Shops (Not automobile) Mail Order Business Maintenance (Floor, home, office, building) Manicurist , each 75.94 79.77 Manufacturer Marble and Granite Works Massage Salon Masseur, Masseuse , each 75.94 79.77 Meats (See Butcher shop) Merchandise, Secondhand (See Secondhand dealers) Merchants, Druggists and Storekeepers Messenger Service (exclusive of telegrams) Mimeograph and Letter Shop Monuments and Tombstones Motion Picture Theaters Performances of moving pictures or other forms of e ntertainment Movers (See Storage) 11 ORD. NO. 20-12 Moving Company Musical Devices Operator of mechanically operated (whether operated in connection with or separate from any other business) License or tag must be displayed on each machine Musical Devices (Distributor) Music Teachers Nails, Acrylic Shops (State certificate) Newspaper Publisher News Companies (Owners or managers of) Newsstands Owners or managers of, where daily and weekly newsp apers or magazines, postcards and the like are sold Night Clubs Restaurants, dining rooms or other establishments, whether floor show or other form of entertainment, exclusive of orchestra, is provided for guests. Novelty Works (See Manufacturer) Nursery Shrubs, trees, plants or landscaping Nursing Home (See Convalescent home) Office Machine Repairs (See Repair shop) Oil (See Gasoline) Paint Manufacturer (See Manufacturer) Parcel Delivery Each vehicle 75.94 Pawnbrokers Peddlers of Merchandise (1) Not otherwise enumerated specifically herein, shall pay a license tax per day of, each person 25.36 26.62 (2) Peddlers who are not producers of the product they sell and who peddle from house to house the products of the farm, grove or waters, shall pay a license tax per day of, each person 25.36 26.62 (3) Peddlers, hawkers or vendors engaged in the occupat ion of selling products such as fruit, eggs and vegetables and farm products from wagon, push c art or other vehicle, shall pay a license tax of, each vehicle (4) Peddlers, hawkers, vendors, agents or solicitors soliciting business for out -of -town business houses or enterprises not maintaining place of busi ness in city, providing however that this provision 12 ORD. NO. 20-12 does not apply to wholesalers dealing exclusively w ith retailers (5) Traveling stores, dry goods, groceries, clothing, boots and shoes Pet Shop or Grooming (See Dog and pet grooming) Pharmacies Photo Processing, Film Developing Photographers Piano tuners Picture Agents Plating with Metals Portable Toilets Postcard Stands (Only) Potato Chips (See Manufacturer) Print Shop or Publishing Private Postal Mailbox Private Schools (See Schools) Professional (1) The following practitioners are classed as professi onal, and each person engaged in the practice of this profession other than persons receiving onl y a salary or wage by a licensed practitioner in th is City, is required to pay a professional local busin ess tax: Accountants and auditors Architects Architects, landscaping Attorneys and lawyers Business consultant Chemists Chiropractors Chiropodists Data processing Dentist Draftsman Engineers, civil, consulting Interior Design Opticians Optometrists 13 ORD. NO. 20-12 Osteopathic physicians Physicians Psychiatrists Research laboratory or office, for profit Surgeons Tax consultant Veterinarians or veterinary Other professions not classified (2) For each person operating with the person licensed in the preceding clause, other than the professional employees Property Management Promoters Entertainment, sports or contests Public Hall for Hire Public Stenographer Publishing Company Books, directories and the like Radio Communications Radio Repair Shop (See Repair Shops) Railroad Companies , each Real Estate Agency or Broker Recording Studio Reducing Salon Rental Equipment (All types) Repair Shops , each Repairs from Truck or Other Vehicle Restaurants (If dancing permitted, see Night clubs) Cafes and public eating places (whether food is ser ved in connection with or separate from other business, except dining rooms in connection with ho tels) Retirement, Rest Home (See Convalescent home) Rinks (Bicycle, skating or other) Roof Trusses (Se Manufacturer) Sawmill Yard Schools 14 ORD. NO. 20-12 Secondhand Dealers (1) In goods, wares and merchandise, secondhand or othe rwise, known as secondhand dealers exclusive of firearms. (See Dealers in secondhand f irearms and secondhand clothing) (2) All secondhand dealers shall keep a permanent recor d of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling them. (3) However, the business shall be adequately housed in side a substantial store building and provided that before any person shall sell or be en gaged in the business of selling goods, wares, merchandise or other personal property, the sales b eing advertised as bankrupt, insolvent, insurance, assignee, trustee, auction, syndicate, railroad or other wreck, wholesale, manufacturer's or closeout sale, or as goods damaged by smoke, fire, water or otherwise, the person shall file an application wit h the Commission, which application shall be passed o n by the Commission and a license tax paid. Secretarial Service Seed Stores (Wholesale and Retail) (See Merchants) Ship Brokers Shoemaker and Repairs Shooting Gallery (See Gun Ranges) Sign Painters Commercial but not erecting Soda or Mineral Water Fountains Solicitor (See Peddlers of Merchandise) Sporting Goods (See Merchants) Stamp or Old Coin Dealer Storage Warehouse or Room Tailors /Seamstress Tanning Salon Tattoo Salon Tax Agency (See Professional) Taxidermist , or agents for In addition to other license Taxis First vehicle 126.63 132.96 Each additional vehicle 63.21 66.37 Telegraph Companies 15 ORD. NO. 20-12 Telemarketing Telephone Answering Service Telephone Solicitation (See Sections 118.40 through 118.45) Telephone Systems and Companies Intrastate business only Temporary Business Receipts (1) Business temporarily located inside enclosed shoppi ng mall; thirty (30) days only (no extensions) 75.94 (2) Special events, no more than once annually (if unde r three (3) days), as approved by Commission (each license, not otherwise enumerated herein) No fee (3) Special events, no more than once annually (in exce ss of three (3) days), as approved by Commission (each license, not otherwise enumerated herein) 75.94 Temporary Holiday/Vendors 75.94 79.74 Termite Control Companies Theatrical Directors Who charge for services in directing local talent plays or performances, each performance Theatrical or Dramatic Groups or Companies For profit, where performance is not given in local , licensed theater, each performance Towel, Diaper, Uniform Supply Company Towing Service (See Automobile) Trade Schools Trading Stamp Companies Trailer Park Trailer, Truck Rental Travel Bureaus Tree Pruner (Must have insurance) Trucks Motor -driven, also doing freight transportation, hauling or transfer business for profit, except where other licenses are paid in conducting business, eac h. (Does not apply to trucks owned by the city, county or state) U -Drive -It Cars (See Automobile) Undertakers, Embalmers and Funeral Directors Uniform Supply (See Towel, diaper, uniform supply company) Upholsterer Vending Machines (See Automatic trade machines) 16 ORD. NO. 20-12 Venetian Blinds Repair, installation and associated services Vulcanizing Each place of business Watch Repair Water (Sold in bottles) (See Bottling works) Water Companies operating same Water -Softening Service Weight Clinic Weighing Machines (See Automatic trade machines) Wheelchair Rental (See Invalid) Window Cleaning Window Tinting Wood Yard Wrecker Service (See Automobile) Section 2 . That should any section or provision of this ordin ance or any portion thereof, any paragraph, sentence, or word be declared by a cou rt of competent jurisdiction to be invalid, such decision shall not affect the validity of the remain der hereof as a whole or part thereof other than th e part declared to be invalid. Section 3. That all ordinances or parts of ordinances in confl ict herewith be, and the same are hereby repealed. Section 4 . That this ordinance shall become effective immedia tely upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2012. ____________________________________ ATTEST M A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________ MEMORANDUM TO:Mayor and Ci ty Commissioners FROM:Lula Butler; Director , Community Improvement THROUGH:David Harden; City Manager DATE:May 31, 2012 SUBJECT:AGENDA ITEM 12.C. - REGULAR COMMISSION ME ETING OF JUNE 5, 2012 ORDINANCE NO. 20 -12 ITEM BEFORE COMMISSION The item before the Commission is Ordinance N o. 20-12, which increases the local business tax schedule across the board by 5%. BACKGROUND Pursuant to Florida Statute Chapter 205, local busines s taxes may be increased by up to 5% every other year. The last increase in the local business ta x schedule occurred in March 2008. This ordinance modifies Section 110.15 by increasing al l local business taxes by 5%. Over the next year, this increase would give the City approximately $34,000 in additional revenue. This or dinances also eliminates some outdated business tax classificat ions that are no longer used. RECOMMENDATION Staff recommends approval of Ordinance No. 20-12. Pa g e 1of 1 Coversheet 6/12/2012 htt p ://itweba pp /A g endaIntranet/Bluesheet.as p x?ItemID=5671&Meetin g ID=378 1 City of Delray Beach M E M O R A N D U M TO: Lula Butler, Director Community Improvement THRU: Al Berg, Assistant Director Community Improvement FROM: Danise Cleckley, Code Enforcement Executive Assistant DATE: June 11, 2012 SUBJECT : Updated Business Tax Receipt Survey A survey was completed June, 2012, to compare the cost municipalities are charging f or Business Tax Receipts (BTR). All city fees listed below vary ba sed on the type or classification of the business. For example, when working with retail business, an additi onal amount is added to the fee to accommodate the size of the business in square footage. How ever, the City of Delray Beach continues to charge a flat rate of $156.56 and does not charge an addi tional fee per square footage. The municipalities listed below, (with their annual fee s and revenues) are the representative sample we have reviewed and considered as we form ulated our recommendation to increase the business tax fee by 5% effective upon the adop tion of Ordinance No. 20-12 after public hearing on June 19 th at the regular City Commission meeting. The City’s projec ted BTR revenue for Fiscal year 2012 is $680,000. We are on target to meet this projection. • City of Boca Raton $105.00 ( Annual Revenue $900,000) • City of Boynton Beach $40.00 (application fee)(Annual Revenue $1.4 million) Retail $97.63 + $5.15 per $1000.00 for inventory over $5,000. Restaurant $97.65 + $3.50 per seat. • City of Coral Springs $120.00 (Annual Revenue is $1.2 million per year) • City of Palm Beach Gardens $100.00 (Annual Revenue is $1.3 million per year) Residential businesses $75.00. Retail $75.00 + $6.00 per $1000.00 for inventory up to $99,999. Restaurants $94.00 - $200.00 Salon establishment $470.00. 2 • City of Riviera $120.00 (Annual Revenue not provided ) • City of Port St. Lucie $ 47.55 (Annual Revenue $1.4 million) Retail $88.20 + $6.09 per $1000.00 inventory over $5,000. Restaurants $127.63, 50 seats orless; $255.25 for > 50 seats. • City of West Palm Beach $ 86.81 (Annual Revenue not provided) • Village of Wellington $100.00 (Annual Revenues average $800,000 per year) Financial Institutions $450.00 Tattoo establishments $1,000.00. Ad d i t i o n a l In f o r m a t i o n fo r It e m 10 . D . TO: DELRAY BEACH MAYOR, CITY COMMISSIONERS AND MR. HARDEN FROM: FINANCIAL REVIEW BOARD DATE: JULY 5, 2012 RE: PROPOSED INCREASE IN BUSINESS TAX - ORDINANCE 20 -12 Mayor, City Commissioners and Mr. Harden: The Financial Review Board has been in operation for approximately three years. During that time, various city departments and operations have been reviewed and reports have been submitted to the City Manager detailing findings and making recommendations on lowering costs, streamlining operations and increasing income where possible to increase efficiencies. The Board is currently in the midst of reviewing the various fees charged by the City and the various departments at the direct request of Mr. Harden. Our goal is to have this project completed and sent to Mr. Harden within the next few weeks. Last month, it was noted on a City Commission meeting agenda that an increase in the Business Tax Schedule was being presented and, quite frankly, it took the members of the FRB quite by surprise, especially since we are in the midst of the fee review, as discussed above. The proposed increase was not mentioned to the FRB and we were further informed that it had not been discussed with any of the various city- interacting committees at the Chamber of Commerce (Government Affairs, Economic Development), nor any of the Chamber leaders. This seemed quite odd since these groups meet with Mr. Harden and other City leaders on a regular and on -going basis to discuss the City's goings on and to get updates on the City government activities. While the FRB does not oppose the relatively -small increase (5 %) in the Business Tax Schedule, especially since the fee has not been raised for several years (since 2008) and the proposed rate schedule is in line with similar fees charged by other PBC municipalities, the FRB does object to the process by which this increase is being sought for several reasons, including: Since the fee schedules for all departments are being reviewed currently, it would seem logical to review any proposed changes all at the same time and in the same context, thereby being able to ascertain a complete impact these changes would have on the City's budget and operations holistically, instead of piecemeal; The City has several Boards and Committees currently in place with which fee increases that could possibly affect commerce, business and other important aspects of the City's economy can be discussed, reviewed, vetted and fine -tuned before presentation to the City Commission for implementation. This type of collaboration would create a consensus of agreement on the proposal and enhance an environment of harmony between the City government and its business leaders. The various groups that should be given the opportunity to provide input on a change in business tax rates, in addition to the FRB, include the Economic Development committee, Downtown Development Board and Economic Development Committee. As such, a more collaborative and holistic approach to fee increases is recommended before any fee increases are approved. In addition, in reviewing Ordinance 20 -12, no where does it note that, should the Business Tax Payor violate any of the ordinances governing their business within the City, then the City maintains and has the right to revoke the license immediately and render it invalid with no refund in fees or taxes. 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Z O U U U U' U 1 J J J 5. 5. > .�+ `I }¢¢ W W W w J TJ J J J uo'. 00000 ❑.zzzzzzzzza�:����3.00300 6'• -L. 0. 0- o. a D: ¢ (9 U U (> U (� U w w. w w w w w W. U. ti LL ¢. I!. iL Y. S O. a _a O. O. O. MEMORANDUM TO:Mayor and City Commissioners FROM:Lula Butler, Director, Community Improvement THROUGH:David Harden, City Manager DATE:June 26, 2012 SUBJECT:AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF JULY 5, 2012 RESOLUTION NO. 27 -12/CONTRACT FOR SALE AND PURCHASE/ 212 N.W. 14TH AV ENUE ITEM BEFORE COMMISSION Approve Resolution No. 27-12, authorizing the sale of a Neighborhood Stabiliz ation Program property located at 212 NW 14 th Avenue, Delray Beach, FL 33444 to Jesus Aguirre-Rueda and Maria Gomez for the purchase price of Fifty-Three Thousand, Six Hundred Dollars and 00/100 cent s ($53,600.00) or appraised value. BACKGROUND The City of Delray Beach has received $1,905,005 under the Neighborhood Stabilization Pro gram (NSP) through the Florida Department of Community A ffairs by the U. S. Department of Housing (HUD) and $400,000 from the Delray Beach Community Redevelopment Agency (CRA) as a result of the Housing and Economic Recovery Act of 2008 (H.R. 3221). NSP funding is intended to be used to purchase foreclosed or abandoned homes for rehab ilitation, resale or redevelopment in order to stabilize neighborhoods and stem the decline of hom e values. These funds are also intended to benefit Low, Moderate and Middle Income Households (LMMI). LMMI households are defined as those with incomes less than one-hundred twenty percent (120%) of Area Median Income (AMI) as determined by HUD. The City of Delray Beach desires to sell the subjec t property to Jesus Aguirre-Rueda and Maria Gomez for the purchase price of Fifty-Three Thousand, Six Hundred Dollars and 00/100 cent s ($53,600.00) or appraised value. Said property being described as follows: LOT 3, BLOCK B, CARVER MEMORIAL PARK ADDITION TO DE LRAY, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, AT PAGE 56, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA RECOMMENDATION Approve Resolution No. 27-12, authorizing the sale of a Neighborhood Stabiliz ation Program property located at 212 NW 14 th Avenue, Delray Beach, FL 33444 to Jesus Aguirre-Rueda and Maria Gomez for the purchase price of Fifty-Three Thousand, Six Hundred Dollars and 00/100 cent s ($53,600.00) or appraised value. RESOLUTION NO. 27-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTIN G THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CIT Y OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell property located at 212 NW 14 th Avenue; and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property to be used for single family homeownership. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISS ION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1 . That the City Commission of the City of Delray B each, Florida, as Seller, hereby agrees to sell to Jesus J. Aguirre-Rueda and Maria N. Gomez, as Buyer(s), for the purchase price of the lesser of Fifty Three Thousand Six Hundred Dollars and 00/100 cents ($53 ,600.00) or bank appraised value, said property being described as follows: LOT 3, BLOCK B, CARVER MEMORIAL PARK ADDITION TO DELRAY, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, AT PAGE 56, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA . Section 2 . That the terms and conditions contained in the con tract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated herein as Exhibit “A”. PASSED AND ADOPTED in regular session on the _____ day of ______________, 2012. __________________________________ ATTEST: M A Y O R ________________________________ City Clerk Exhibit A CONTRACT FOR SALE AND PURCHASE PARTIES: CITY OF DELRAY BEACH , a Florida municipal corporation, ("Seller"), of 100 N.W. 1 st Avenue, Delray Beach, Florida 33444 and Jesus Aguirre -Rueda and Maria Gomez , ("Buyer"), of 119 SW 13 th Avenue , Delray Beach, FL 3344 4 , hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively “Property”) upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions (“Sta ndard(s)”), attached hereto and riders and any addenda to this Contract for Sale and Purchase (“Contract”): I. DESCRIPTION : (a ) LOT 3, BLOCK B, CARVER MEMORIAL PARK ADDITION TO DELRAY, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, AT PAGE 56, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA PCN: 12 -43 -46 -17 -36 -002 -0030 (b ) Address : 2 12 NW 14 th Avenue , Delray Beach, FL 33444 II. PURCHASE PRICE . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . US $53,600.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before July 30, 201 2 , the deposit(s) will, at Buyer's option, be returned to Buy er and the offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE : At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE : This transaction shall be closed and the deed and other closing papers delivered on or before sixty (60 ) days from the date of the execution of this agreement, unless extended by other provision s of this Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title by Quit Claim Deed subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ½ feet in width as to the side lines, unless o therwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. 2 VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller , but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occ upants dis closed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRI TTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. X. DISCLOSURES: (a) Radon is a naturally occurring radioactive gas that, wh en accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public health unit. (b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. XI. SPECIAL CLAUSES; ADDENA: If additional terms are to be provided, they will be provided in the attached addenda. If there is an addenda, check here CITY OF DELRAY BEACH , FLORIDA Jesus Aguirre -Rueda and Maria Gomez By:_________________________ ______ By:_______________________ _____ _____________, Mayor Date Print Name:________________ Date ATTEST: ATTEST: ___________________________ ________________________________ City Clerk Approved as to Form: ___________________________ City Attorney 3 ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRAY BEACH, FLORIDA BUYER: Jesus Aguirre -Rueda and Maria Gomez PROPERTY ADDRESS: 212 NW 14 th Avenue , Delray Beach, FL 33444 XI. SPECIAL CLAUSES; ADDENDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non -foreign status in the manner provided in Treasury Regulations Section 1.1445 -2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise p ermitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 10% of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's feder al income tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has not been r eceived by closing, the parties at closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds (or from the Seller's other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller upon receipt of a favorable ruling from the IRS. Buyer and Seller underst and that the IRS requires the Buyer and the Seller to have a U.S. federal taxpayer identification number and to supply that number on the foregoing forms. A foreign individual may acquire an International Taxpayer Identification Number for this purpose. Si nce it may take several weeks to receive the number after application and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to apply immediately. 4 B. The Buyer shall have thirty (30) calendar days within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reas on or no reason, in Buyer’s sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to the premises to conduct such feasibility studies and determinations, including envir onmental assays, core drilling, surveys, soil sampling and other such testing. C. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. SELLERS’ INITIALS: BUYER’S INITIALS: 5 STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title : A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualifica tion set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall conve y a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be deter mined according to applicable title stan dards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarket - able, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Se ller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarket - able, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey : Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and Egress : Seller warrants and repre sents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases : If applicable, Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obta in such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such informa tion. Seller shall, at closing, deliv er and assign all original leases to Buyer. E. Liens : Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, sub contractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcon tractors, suppliers and materialmen and further affirmi ng that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing : Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time : Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. 6 H. Documents for Closing : Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assi gnments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses : Documentary stamps on the warranty deed and recording corrective instruments and the warranty deed shall be paid by Buyer. J. Prorations; credits : Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occ upancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage . If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the pr ior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consi deration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. K. Special Ass essment Liens : Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substanti ally completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Risk of Loss : If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, togethe r with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). M. Escrow : Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disburse ment, or until a judgment of a court of competent jurisd iction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, ex cept to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as 7 court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. N. Failure of Performance : If Buyer fails to perform this Contract within the time specified Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. O. Agreement Not Recordable; Persons Bound; Notice : Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, sin gular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. P. Conveyance : Seller shall convey the property by way of Quit Claim Deed subject to an easement for any utilities that may exist and lie on the property. Q. Other Agreements : No prior or present agree ments or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contra ct shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. R. Warranties : Seller warrants that there are no facts known to Seller materially affecting the value of the real property w hich are not readily observable by Buyer or which have not been disclosed to Buyer. NOTICE OF INTENT TO SELL REAL PROPERTY NOTICE IS HEREBY GIVEN that the City of Delray Beach, F lorida, announces its intention to sell the following real property described as: LOT 3, BLOCK B, CARVER MEMORIAL PARK ADDITION TO DELR AY, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, AT PAGE 56, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Resolution 27-12 of the City Commission authorizing the sale of real p roperty incorporating the terms and conditions thereof, will be considered at a public heari ng to be held at 7:00 p.m. on July 5, 2012 at City Hall, Commission Chambers, 100 N.W. 1 st Avenue, Delray Beach, Florida. CITY OF DELRAY BEACH, FLORIDA Chevelle Nubin City Clerk Publish: Palm Beach Post June 16, 2012 June 23, 2012 MEMORANDUM TO:Mayor and City Commissioners FROM:Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH:City Manager DATE:June 25, 2012 SUBJECT:AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF JULY 5, 2012 ORDINANCE NO. 19 -12 ITEM BEFORE COMMISSION Consideration of a privately initiated Future Land Use Map change from Medium Density Residential (MD) to Commerical Core (CC), rezoning from RM (Mu ltiple Family Residential) to CBD (Central Business District), for a 0.157 acre property locat ed approximately 391 feet South of West Atlantic Avenue on the east side of SW 10th Avenue (35 SW 10 th Avenue). BACKGROUND The subject property is located East of 1-95, approximately 391 feet South of West Atlantic A venue on the east side of SW 10th Avenue (35 SW 10th Avenue), is approximately 0.157 acre in size and is currently vacant. The property is zoned RM (Multipl e Family Residential - Medium Density) and has a Future Land Use Designation of MD (Medium Density R esidential) with a legal description of Lot 12, Block 1 of the Belair Heights Subdivision, plat boo k 20, page 45 of the Palm Beach County records. The Community Redevelopment Agency (CRA) owns lot 1 2 and all other lots directly north to Atlantic Avenue. The CRA in agreement with Prime Delray Hote l, LLC., plans to develop a hotel at the corner of West Atlantic Avenue between SW 10th Avenue and SW 9th Avenue on approximately a 2.30 acres site. The requested Future Land Use Map designation from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM (Multiple Fa mily Residential - Medium Density) to CBD (Central Business District), for the subject proper ty (lot 12) is to allow the property to be develope d for parking as a part of the future hotel development . REVIEW BY OTHERS At its meeting of June 18, 2012, the Planning and Z oning Board held a public hearing associated with the CC (Commercial Core) Future Land Use Map amendm ent, and CBD (Central Business District) rezoning request. They had no concerns with the req uested Future Land Use and Zoning designations. After a brief discussion, the Board recommended app roval of the proposed FLUM and Rezoning on a 4- 0 vote. RECOMMENDATION Approve on first reading Ordinance 19-12 for a Future Land Use Map amendment from MD (Med ium Density Residential) to CC (Commercial Core) and Re zoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with th e Comprehensive Plan and does meet the criteria set f orth in LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), 2.4.5(D)(5)(Rezoning Findings). ORDINANCE NO. 19-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) TO CC (COMMERCIAL CORE), PURSUANT TO THE PROVISIONS OF THE “COMMUNITY PLANNI NG ACT”, FLORIDA STATUTES SECTION 163.3187, FOR LAND LOCATED ON THE EAST SIDE OF SW 10 TH AVENUE, 391 FEET SOUTH OF WEST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO C BD (CENTRAL BUSINESS) DISTRICT; AMENDING "ZONING MAP O F DELRAY BEACH, FLORIDA, JANUARY 2012"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority gr anted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, Delray Beach Community Redevelopment Agency, is the f ee simple owner of a 0.157 acre parcel of land located on the east side of SW 10 th Avenue, 391 feet south of West Atlantic Avenue; and WHEREAS, the subject property hereinafter described has an e xisting Future Land Use Map (FLUM) designation of MD (Medium Density Residential 5-12du/ac); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from MD (Medium Density Residential 5-12du/ac) to CC (Commercial C ore); and WHEREAS, the property hereinafter described is shown on the “Zoni ng District Map of the City of Delray Beach, Florida, dated January 2012”, as being zoned RM (Medium Density Residential) District; and WHEREAS, at its meeting of June 18, 2012, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item a t a public hearing and voted 4 2 ORD NO. 19-12 to 0 to recommend that the Future Land Use Map designation and zoning cl assification be changed for the property hereinafter described, based upon positive finding s; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the chang es are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adop ts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Future Land Use Map of t he City of Delray Beach, Florida be amended to reflect the revised Future Land Use Map designation; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1 . That the recitations set forth above are incorporated herein. Section 2 . That the Future Land Use Map designation of the subject proper ty is hereby officially affixed as CC (Commercial Core). Section 3 . That the City Commission of the City of Delray Beach, Florida , hereby declares its intent to exercise the authority granted pursuant t o the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act." Section 4 . That the Zoning District Map of the City of Delray Beach, F lorida, be, and the same is hereby amended to reflect a zoning classification of C BD (Central Business) District for the following described property: Lot 12, Block 1, Belair Heights, according to the Plat thereof as re corded in Plat Book 20, Page 45 of the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, containing 6871 square feet (0.157 acres) more or less. 3 ORD NO. 19-12 Section 5 . That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith b e, and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion ther eof, any paragraph, sentence, or word be declared by a court of compete nt jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective as follows: thirty -one (31) days after adoption, unless the Comprehensive Plan amendment is timely challenged. If timely challenged, the effective date of this Ordinance shall be the date a final order is issued by the State Land Planning or the Administration Commission, finding the adopt ed amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effec tive. If a final order of noncompliance is issued by the Administration Commission, this amendme nt may nevertheless be made effective by adoption of a resolution affirming its ef fective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND ADOPTED in regular session on second and final readi ng on this the _____ day of ___________________, 2012. ____________________________________ ATTEST M A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________ MEMORANDUM TO:Mayor and City Commissioners FROM:Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH:City Manager DATE:June 26, 2012 SUBJECT:AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF JULY 5, 2012 ORDINANCE NO. 21 -12 ITEM BEFORE COMMISSION Approval of a privately-initiated amendment to the Land Development Regulat ions (LDRs) that will restrict the nonresidential development intensity o n properties within a newly created Lintco Development Overlay District, located at the northw est corner of Linton Boulevard and SW 4th Avenue, to a maximum Floor Area Ratio (FAR) of 0.36 . BACKGROUND Comprehensive Plan Amendment 2010-1, adopted by the City Commission on December 14, 2 010, included a privately-initiated Future Land Use Map (FLUM) Amendment and associated text amendment for the subject property. The FLUM amendm ent changed the designation of the property from MD (Residential Medium Density 5-12 du/ac) to GC (General Commercial), and the text amendment modified the description of the General C ommercial FLUM designation to limit the nonresidential development intensity on the propert y to a FAR of 0.36. This maximum intensity was set to ensure that traffic concurrency could be achieve d on the property at its maximum development potential. The proposed LDR text amendment is required to supp ort the changes to the Comprehensive Plan adopted with Plan Amendment 2010-1. Under the proposed text amendment, the following two changes are being made: Article 4.5, “Overlay and Environmental Management Districts” of the Land Development Regulations is being modified to create the new ove rlay district on the subject property. The location of the overlay district is defined within the new Section 4.5.19, “Lintco Development Overlay District”. Section 4.4.9, “General Commercial (GC) District”, Subsection (G), “Supplemental District Regulations” is being amended to add a new regulation restrictin g the Floor Area Ratio (FAR) on property within the Lintco Development Overlay Dist rict to a maximum of 0.36. REVIEW BY OTHERS The Planning and Zoning Board reviewed the item at its June 18, 2012 meeting and made a recommendation of approval on a 4-0 vote. RECOMMENDATION By motion, approve Ordinance No. 21-12 on first rea ding for a privately-initiated amendment to the Land Development Regulations to create Section 4.5.19, “Lintco Development Overlay District” and amend Section 4.4.9 “General Commercial (GC) Distri ct”, Subsection (G), “Supplemental District Regulations” to limit the nonresidential Floor Area Ratio (FAR) within that overlay district to a maximum of 0.36, by adopting the findings of fact a nd law contained in the staff report, and finding t hat the text amendment and approval thereof is consiste nt with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). ORDINANCE NO. 21-12 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 ENACTING A NEW SECTION 4.5.19, “LINTCO DEVELOPMENT OVERLAY DISTRICT”, TO CREATE A NEW OVERLAY DISTRICT; AMENDING SECTION 4.4.9, “GENERAL COMMERCIAL (GC) DISTRICT”, SUBSECTION (G), “SUPPLEMENTAL DISTRICT REGULATIONS”, TO RESTRICT THE NONRESIDENTIAL DEVELOPMENT INTENSITY WITHIN THE LINTCO DEVELOPMENT OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plannin g and Zoning Board reviewed the proposed text amendment at a public hearing held on Ju ne 18, 2012 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan ; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the goals, policies, and objectives of the C omprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1 . That the recitations set forth above are incorporated here in. Section 2. That Section 4.5.19, “Lintco Development Overlay D istrict”, of the Land Development Regulations of the City of Delray Beach , Florida, be and the same is hereby enacted to read as follows: Section 4.5.19 Lintco Development Overlay District (A) Defined: The Lintco Development Overlay District is hereby established to include the area on the north side of Linton Boulevard, west of SW 4th Avenue as shown on the Map in Section 4.5.19 (B), below: 2 ORD. NO. 21-12 (B) Map of Overlay District Section 3. That Section 4.4.9, “General Commercial (GC) Distr ict”, Subsection (G), “Supplemental District Regulations”, of the Land Dev elopment Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows : (G) Supplemental District Regulations : In addition to the supplemental district regulation s set forth in Article 4.6, the following supplemental district r egulations shall apply in the GC District. (1) The parking requirement for business and profes sional offices within that portion of the GC zoning district bounded by S.E. 5th Avenue on the w est, S.E. 6th Avenue on the east, S.E. 4th Street on the north and S.E. 10th Street on the sout h is established at one (1) space per 300 sq. ft. of net floor area. (2) North Federal Highway Overlay District : The following supplemental district regulations apply to the North Federal Highway Overlay Distr ict, as defined in Section 4.5.7. (a) In addition to the uses listed in 4.4.9(D), the fo llowing light industrial uses are allowed as conditional uses: 1. Fabrication and/or assembly of manufactured materia ls or parts for distribution or sale, such as sheet metal, sign shop s, glass shops, electronics, 3 ORD. NO. 21-12 cabinet and furniture making. 2. The wholesaling, storage and distribution of products and m aterials; 3. Self service storage facilities that comply with subse ction (c) below. (b) All uses listed under subsection (a) above must: 1. Operate in conjunction with a permitted service o r retail use that is located on the premises; 2. Maintain a commercial facade along North Federal H ighway, with the light industrial aspect of the business oriented toward Dixie Highwa y; 3. Operate within an enclosed building, with no outside stor age; 4. Orient overhead doors away from adjacent rights-of-way, except where existing, or where the approving body determines that it is not feasible to comply; and, 5. Along the property line adjacent to Dixie Highway , provide a landscape buffer consisting of a 4’ high hedge, and trees plant ed 25 feet on center to form a solid tree line. (c) In addition to subsection (b) above, any self ser vice storage facility shall comply with the following. The following regulations supersede Se ction 4.3.3(A). 1. Lot Area : The minimum lot area is 1.5 acres and the maximum lot area is 3 acres. 2. Facilities and Requirements : a. Outdoor bay type access to individual self-storage units that face a street is prohibited. The exterior loading access po ints shall be designed in such a way to minimize sight lines from adjacent roa ds. b. No building shall exceed forty-eight feet (48’) in height. c. Parking shall be provided at the rates set forth i n Section 4.6.9 for the permitted service, office and retail uses and for self -storage uses, parking shall be at a rate of one (1) parking space per 100 storage units or portion thereof, including: (a) a minimum of thre e (3) loading spaces for the self-service storage facility that must be striped and signed to 4 ORD. NO. 21-12 limit the time for loading and unloading to one (1) ho ur; and in addition (b) three and one-half (3.5) spaces for each 1,000 square feet of accessory office use associated with the self-sto rage use. Notwithstanding the above, a minimum of five (5) parking spa ces other than loading spaces shall be provided in connection wi th the self- storage use. d. At least 2,500 square feet of ground floor area sh all be devoted to at least one additional principal retail or service use without limiting the foregoing. The additional principal uses may be eatin g and drinking establishments, retail or personal service. 3. Limitation of Uses : a. Activities not related to the rental or lease of self-storage units shall not be conducted within the self service storage facility area, unless specifically permitted through the conditional use process. b. Except as otherwise provided in subsection (c), no business or activity other than self storage shall be conducted from any s elf-storage unit in the facility. Examples of prohibited uses include, bu t are not limited to the following: the servicing, repair and/or restorati on of automobiles, boats, recreational vehicles, and/or restoration of a utomobiles, boats, recreational vehicles, lawnmowers and the like; movi ng and self-storage companies; cabinet making and wood working (whether p ersonal or professional); personal hobbies and arts and crafts; and any other activity unless specifically permitted through the c onditional use process. c. Except as otherwise provided in this subsection (c ), there shall be no electrical power provided to, or accessible from any individual self- storage units. This includes the provision of lighti ng fixtures to the interior of a self-storage unit, unless specificall y addressed in the conditional use approval. The use of portable genera tors is also prohibited. d. The use or storage of any hazardous materials is prohibited. e. the terms and conditions of this section shall be clearly expressed in all self-storage rental or leasing contracts, as well a s conspicuously displayed in plain view on a sign no smaller than one foot (1’) by two feet (2’) in the leasing office at the facility. 5 ORD. NO. 21-12 4. On-Site Manager : An on-site manager shall be employed at the facili ty during all hours of operation. 5. Hours of Operation : Customers of the self service storage facility m ay not access individual self-storage units before 5:00 a.m. or any later than 9:00 p.m. Hours of operation may be further restricted wh en it is deemed that morning and evening traffic into and out of the facility may ne gatively impact the character of an adjacent residential area. In no circumstance shall customers of any self service storage facility have 24 hour access to their self- storage unit(s). 6. Landscape Requirements : In addition to all applicable landscape requirements and other special provisions pursuant t o the individual zone district, a minimum ten foot (10’) landscape buffer s hall be required adjacent to Federal Highway and Dixie Highway and a minimum fiv e foot (5’) landscape buffer shall be required along all property lines that do not abut a roadway. 7. Outdoor Storage of vehicles, Boats & Truck Rental : Outdoor storage of boats and vehicles and truck rental is prohibited. 8. Architecture : All self service storage facility buildings must comply with the following architectural standards. a. Building facades visible from the public right-of-way shall have the appearance of a service and/or retail building through the use of doors, windows, awnings, and other appropriate building elements. b. Exterior building material shall be stucco or a similar ma terial. c. Buildings that can accommodate two or more stories shall be designed where facing a street to have the appearance of a m ulti-story building through the use of windows, doors, awnings, canopies or other appropriate building elements. d. Building facades facing a public right-of-way must have a 15% minimum transparency consisting of windows that prov ide visibility from the public right-of-way from the interior. e. Detailed building elevations shall be submitted pri or to the Conditional Use public hearing. 9. Location : A self service storage facility shall not be loc ated within a radius 6 ORD. NO. 21-12 of 1,000 feet of another existing self service storage facil ity. (3) Four Corners Overlay District : The following supplemental district regulations ap ply to the Four Corners Overlay District, as defined in Section 4.5 .14. (a) The permitted uses shall be those uses listed in Sections 4 .4.9(B)(1,2,4,5). (b) The accessory uses shall be those uses listed in Section (C). (c) The conditional uses shall be those uses listed i n Sections (D)( 2, 3, 9, 11, 14, 19, and 20). (d) Standards Pertaining to Allocation of Uses : 1. Office uses can encompass up to one hundred percen t (100%) of the total building square footage within a Four Corners Overla y master development plan. 2. Retail uses shall not encompass more than one hu ndred percent (100%) of the total building area square footage of the Four C orners Overlay master development plan. 3. Hotels, motels, and residential all suite lodging s hall not encompass more than 20% of the total building area square footage o f the Four Corners Overlay master development plan. Notwithstanding the abov e, hotels, motels and residential all suite lodging can comprise 100% of the floor area of an individual building within a MDP containing multiple building s. 4. Multi-family Dwelling Units : Multi-family uses and assisted living facilities, but excluding duplexes subject to (a)(b)(c)(d)(e) bel ow, ranging in density not to exceed 30 units per acre subject to the following: a. Residential units may comprise 75% of the total f loor area of the development master plan at a maximum density of (30) units per acre and only when proposed as part of a mixed-use developme nt containing office and/or commercial uses. b. Residential developments must include a minimum of 20% workforce units consisting of moderate income workforce units as defined by Article 4.7 Family/Workforce Housing. c. Workforce units shall be subject to general prov isions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10. 7 ORD. NO. 21-12 d. For mixed-use developments, the shared parking provi sions of LDR Section 4.6.9. (C)(8) shall be allowed. e. All residential developments shall be subject to t he Performance Standards of 4.4.13(l)(2) (e) Standards Unique to the Four Corners Overlay District : Where standards unique to the Four Corners Overlay D istrict conflict with standards contained elsewhere in the zoning, subdivisio n, and landscape codes, the standards of this Subsection shall apply: 1. Lot Coverage & Open Space : a. Land area equal to at least 25% of the individual F our Corners Overlay District Master Development Plan (MDP) including the perimeter landscaped boundary, shall be in open space. Water bodi es and paved areas shall not be included in the meeting of this 25 % open space requirement. 2. Minimum Structure Size : Any free-standing non-residential principal structure shall have a minimum floor area of 4,000 square feet; shall be architecturally consistent with other structures in the master development plan; and shall have direct access to and from other p ortions of the Four Corners Overlay development. 3. Office and Commercial Floor Heights shall be a mi nimum of twelve feet (12') floor to floor on the first floor and ten (10') floor to floor on all floors above. Residential uses shall have a minimum nine fe et (9') floor to floor on all floors. Hotel, motel and residential all suite lo dging shall have a minimum of eight feet six inches (8' 6") floor to floor on all floors. Auxiliary and service rooms, such as, garages, restrooms, closets , laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and pl umbing equipment rooms are exempted from the floor height regulations. (4) Lintco Development Overlay District : Within the Lintco Development Overlay District, as defined by Section 4.5.19(A), non-residen tial development intensity in non-residential or mixed-use developments shall be limited to a maximum Floor Are a Ratio (FAR) of 0.36. Section 4. That should any section or provision of this ordinan ce or any portion thereof, any paragraph, sentence, or word be declared by a cour t of competent jurisdiction to be invalid, such decision shall not affect the validity of the re mainder hereof as a whole or part thereof other than the part declared to be invalid. 8 ORD. NO. 21-12 Section 5. That all ordinances or parts of ordinances in confli ct herewith be, and the same are hereby repealed. Section 6 . That this ordinance shall become effective immediat ely upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2012. ____________________________________ ATTEST M A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________ PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JUNE 18 , 2012 AGENDA NO: V. C . AGENDA ITEM: CONSIDERATION OF A PRIVATELY -INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO CREATE SECTION 4.5.19, “LINT CO DEVELOPMENT OVERLAY DISTRI CT” AND AMEND SECTION 4.4.9 “GENERAL COMMERCIAL (GC) DISTRICT”, SUBSECTION (G), “SUPPLEMENTAL DISTRICT REGULATIONS” TO LIMIT THE FLOOR AREA RATIO (FAR) WITHIN THE LINTCO DEVELOPMENT OVERLAY DISTRICT, LOCATED AT THE NORTHWEST CORNER OF LINTON BOULEVARD AND SW 4TH AVENUE. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a privately -initiated amendment to Land Development Regulations (LDRs) that will restrict the nonresidential development intensity on properties within a newly created Lintco Development Overlay District , located at the northwest corner of L inton B oulevard and SW 4th A venue , to a maximum FAR of 0.36 . Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulati ons may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Comprehensive Plan Amendment 2010 -1, adopted by the City Commission on December 14, 2010, included a privately -initiated Future Land Use Map (F LUM) Amendment and associated text amendment for the subject property. The FLUM amendment changed the designation of the property from MD (Residential Medium Density 5 -12 du/ac) to GC (General Commercial), and the text amendment modified the description of the General Commercial FLUM designation to limit the nonresidential development intensity on the property to a n FAR of 0.36. This maximum intensity was set to ensure that traffic concurrency could be achieved on the property at its maximum development pot ential. The proposed LDR text amendment is required to support the changes to the C omprehensive P lan adopted with Plan Amendment 2010 -1 . Under the proposed text amendment, the following two changes are being made: Article 4.5, “Overlay and Environmental Management Districts” of the Land Development Regulations is being modified to create the new overlay district on the subject property . The location of the overlay district is defined within t he new Section 4.5.19, “Lintco Development Overlay District”. Planning and Zoning Board Meeting, June 18 , 2012 LDR Text Amendment - Lintco Development Overlay District 2 S ection 4.4.9 , “General Commercial (G C ) District”, Subsection (G), “Supplemental District Regulations” is being amended to add a new regulation restricting the Floor Area Ratio (FAR) on property within the Lintco Development Overlay District to a maximum of 0.36. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive P lan. The proposed text amendment implements the description of the General Commercial Future Land Use Map designation in the Future Land Use Element of the Comprehensive Plan stated as follows: General Commercial: This designation is applied to land whic h is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Hig hway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses, except as indicated within the following overlay districts: Four Corners Overlay District - For mixed -use d evelopment within this overlay district, the nonresidential component is limited to an FAR of 2.0 Silver Terrace Courtyards Overlay District - Nonresidential development is limited to an FAR of 0.75 Lintco Development Overlay District - Nonresidential deve lopment is limited to an FAR of 0.36. Waterford Overlay District - Nonresidential development is limited to an FAR of 1.32. Residential uses may comprise up to 15% of the total floor area of the General Commercial Land Use designation. Residential uses ar e permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) wher e residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area and within the Silver Terrace Courtyards Overlay District where residential de nsities may be allowed up to a maximum of 22 units per acre subject to Conditional Use approval. Areas with the General Commercial designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 uni ts per acre within the Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. Pursuant to the above, a positive finding can be made with respect to LDR Section 2.4.5(M)(5). REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: Neighborhood Advisory Council Delray Citizens’ Coalition Linton Ridge Planning and Zoning Board Meeting, June 18 , 2012 LDR Text Amendment - Lintco Development Overlay District 3 Southridge Southridge Villag e The Vinings Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed ordinance will create a new overlay district and restrict development intensity within that overlay district in support of the description of the General Commercial Future Land Use Map designation within the Future Land Use Element of the Comprehensive Plan. A positive finding can be made with respect to LDR Section 2.4.5(M)(5). ALTERNATIVE ACTIONS A. Co ntinue with direction. B. Move a recommendation of approval to the City Commission of a privately -initiated amendment to the Land Development Regulations to create S ection 4.5.19, “Lint c o Development Overlay District” and amend S ection 4.4.9 “General Comm ercial (G C ) District”, S ubsection (G ), “Supplemental District Regulations” to limit the nonresidential floor area ratio (FAR ) within th at o verlay d istrict to a maximum of 0.36 , by adopting the findings of fact and law contained in the staff report, and fin ding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of a privately -initiated amendment to the Land Development Regulations to create S ection 4.5.19, “Lint c o Development Overlay District” and amend S ection 4.4.9 “General Commercial (G C ) District”, S ubsection (G ), “Supplemental District Regulations” to limit the nonresidential floor area ratio (FAR ) withi n th at o verlay d istrict to a maximum of 0.36 , by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set fo rth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Move a recommendation of approval to the City Commission of a privately -initiated amendment to the Land Development Regulations to create Section 4.5.19, “Lint c o Devel opment Overlay District” and amend Section 4.4.9 “General Commercial (GC) District”, Subsection (G), “Supplemental District Regulations” to limit the nonresidential floor area ratio (FAR) within th at overlay district to a maximum of 0.36, by adopting the f indings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: Proposed Ordinance No. 21 -12 MEMORANDUM TO:Mayor and City Commissioners FROM:Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH:City Manager DATE:June 26, 2012 SUBJECT:AGENDA ITEM 12.C. - REGULAR COMMISSION MEETING OF JULY 5, 2012 ORDINANCE NO. 22 -12 ITEM BEFORE COMMISSION Approval of a privately-initiated amendment to the Land Development Regulat ions (LDRs) that will restrict the nonresidential development intensity a nd residential density on properties within a newly created Waterford Overlay District, located south o f Linton Boulevard, east of I-95, to a maximum nonresidential Floor Area Ratio (FAR) of 1.32 and a maximum residential density of 12 units per acre. BACKGROUND Comprehensive Plan Amendment 2010-1, adopted by the City Commission on December 14, 2 010, included a privately-initiated Future Land Use Map (FLUM) Amendment and associated text amendment for the subject property. The FLUM amendm ent changed the designation of the property from TRN (Transitional) to GC (General Commercial), and the text amendment modified the description of the General Commercial FLUM designat ion to limit the nonresidential development intensity on the property to an FAR of 1.32. This m aximum intensity was set to ensure that traffic concurrency could be achieved on the property at it s maximum development potential. No changes were made to the residential potential of the property, so the maximum density will remain at 12 units per acre. The proposed LDR text amendment is required to supp ort the changes to the Comprehensive Plan adopted with Plan Amendment 2010-1. Under the proposed text amendment, the following two changes are being made: Article 4.5, “Overlay and Environmental Management Districts” of the Land Development Regulations is being modified to create the new ove rlay district on the subject property. The location of the overlay district is defined within the new Section 4.5.20, “Waterford Overlay District”. Section 4.4.25, “Special Activities District (SAD)”, Subsection (E), “Supplemental District Regulations” is being amended to add a new regulation restrictin g development within the Waterford Overlay District to a maximum nonresident ial Floor Area Ratio (FAR) of 1.32 and a maximum residential density of 12 units per acre. REVIEW BY OTHERS The Planning and Zoning Board reviewed the item at its June 18, 2012 meeting and made a recommendation of approval on a 4-0 vote. RECOMMENDATION By motion, approve Ordinance No. 22-12 on first rea ding for a privately-initiated amendment to the Land Development Regulations to create Section 4.5.20, “Waterford Overlay District” and amend Section 4.4.25 “Special Activities District (SAD)”, Subsection (E), “Supplemental District Regulations ” to limit the nonresidential Floor Area Ratio (FAR) within that overlay district to a maximum of 1.32 a nd the residential density to a maximum of 12 units pe r acre, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set f orth in LDR Section 2.4.5(M). ORDINANCE NO. 22-12 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 ENACTING A NEW SECTION 4.5.20, “WATERFORD OVERLAY DISTRICT”, TO CREATE A NEW OVERLAY DISTRICT; AMENDING SECTION 4.4.25, “SPECIAL ACTIVITIES DISTRICT (SAD)”, SUBSECTION (E), “SUPPLEMENTAL DISTRICT REGULATIONS”, TO RESTRICT THE NONRESIDENTIAL DEVELOPMENT INTENSITY AND RESIDENTIAL DENSITY WITHIN THE WATERFORD OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plannin g and Zoning Board reviewed the proposed text amendment at a public hearing held on Ju ne 18, 2012 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan ; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the goals, policies, and objectives of the C omprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1 . That the recitations set forth above are incorporated here in. Section 2. That Section 4.5.20, “Waterford Overlay District”, of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows: Section 4.5.20 Waterford Overlay District (A) Defined: The Waterford Overlay District is hereby established to i nclude the following area: 2 ORD. NO. 22-12 Parcel “B” as set forth on the plat of Waterford Park, recorde d in Plat Book 91 at Pages 119 and 120 of the public records of Palm Beach County, Florida. (B) Map of Overlay District Section 3. That Section 4.4.25, “Special Activities District (SAD)”, Subsection (E), “Supplemental District Regulations”, of the Land Dev elopment Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows : (E) Supplemental District Regulations : The supplemental district regulations as set fort h in Article 4.6 shall apply except as modified by the following: (1) Parking and loading requirements (number of spac es) shall be as set forth on the site and development plan. (2) Waterford Overlay District : Within the Waterford Overlay District, as defined by Section 4.5.20(A), non-residential development intens ity in non-residential or mixed-use developments shall be limited to a maximum Floor Area Ratio (FAR) of 1.32. Residential development in free-standing residential and mixed-use de velopments shall not exceed 12 units per acre. 3 ORD. NO. 22-12 Section 4. That should any section or provision of this ordinan ce or any portion thereof, any paragraph, sentence, or word be declared by a cour t of competent jurisdiction to be invalid, such decision shall not affect the validity of the re mainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in confli ct herewith be, and the same are hereby repealed. Section 6 . That this ordinance shall become effective immediat ely upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2012. ____________________________________ ATTEST M A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________ PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JUNE 18 , 2012 AGENDA NO: V. D . AGENDA ITEM: CONSIDERATION OF A PRIVATELY -INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO CREATE SECTION 4.5.20 , “WATERFORD OVERLAY DISTRICT” AND A MEND SECTION 4.4.25 “SPECIAL ACTIVITIES DISTRICT (SAD )”, SUBSECTION (E ), “SUPPLEMENTAL DISTRICT REGULATIONS” TO LIMIT THE FLOOR AREA RATIO (FAR) AND RESIDENTIAL DENSITY WITHIN THE WATERFORD OVERLAY DISTRICT, LOCATED SOUTH OF LINTON BOULEVARD, EAST OF I -95 . ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a privately -initiated amendment to Land Development Regulations (LDRs) that will restrict the nonresidential development intensity and residenti al density on properties within a newly created Waterford Overlay District , located south of Linton Boulevard, east of I -95 , to a maximum nonresidential FAR of 1.32 and a maximum residential density of 12 units per acre . Pursuant to Section 1.1.6, an amend ment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Comprehensive Plan Amendment 2010 -1, adopted by the City Commission on December 14, 2010, incl uded a privately -initiated Future Land Use Map (FLUM) Amendment and associated text amendment for the subject property. The FLUM amendment changed the designation of the property from TRN (Transitional ) to GC (General Commercial), and the text amendment mo dified the description of the General Commercial FLUM designation to limit the nonresidential development intensity on the property to a n FAR of 1.32 . This maximum intensity was set to ensure that traffic concurrency could be achieved on the property at it s maximum development potential. No changes were made to the residential potential of the property, so the maximum density will remain at 12 units per acre. The proposed LDR text amendment is required to support the changes to the C omprehensive P lan adopt ed with Plan Amendment 2010 -1 . Under the proposed text amendment, the following two changes are being made: Article 4.5, “Overlay and Environmental Management Districts” of the Land Development Regulations is being modified to create the new overlay distr ict on the subject property . The location of the overlay district is defined within t he new Section 4.5.20 , “Waterford Overlay District”. Planning and Zoning Board Meeting, June 18 , 2012 LDR Text Amendment - Waterford Overlay District 2 Section 4.4.25 , “Special Activities District (SAD)”, Subsection (E ), “Supplemental District Regulations” is being ame nded to add a new regulation restricting development within the Waterford Overlay District to a maximum nonresidential Floor Area Ratio (FAR) of 1.32 and a maximum residential density of 12 units per acre . REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The proposed text amendment implements the descripti on of the General Commercial Future Land Use Map designation in the Future Land Use Element of the Comprehensive Plan stated as follows: General Commercial: This designation is applied to land which is, or should be, developed for general commercial purp oses e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses, except as indicated within the following overlay districts: Four Corners Overlay District - For mixed -use development within this overlay district, the nonresidenti al component is limited to an FAR of 2.0 Silver Terrace Courtyards Overlay District - Nonresidential development is limited to an FAR of 0.75 Lintco Development Overlay District - Nonresidential development is limited to an FAR of 0.36. Waterford Overlay D istrict - Nonresidential development is limited to an FAR of 1.32. Residential uses may comprise up to 15% of the total floor area of the General Commercial Land Use designation. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area and within the Silver Terrace Courtyards Overlay District where residential densities may be allowed up to a maximum of 22 units per ac re subject to Conditional Use approval. Areas with the General Commercial designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. Pursuant to the above, a positive finding can be made with respect to LDR Section 2.4.5(M)(5). REVIEW BY OTHERS C ourtesy Notices Courtesy notices were provided to the following homeowner and civic associations: Neighborhood Advisory Council Delray Citizens’ Coalition Linton Ridge Planning and Zoning Board Meeting, June 18 , 2012 LDR Text Amendment - Waterford Overlay District 3 Southridge Southridge Village Waterford Apartments Tierra Verde at Delray Beach Lett ers of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed ordinance will create a new overlay district and restrict development intensity within that overlay district in suppor t of the description of the General Commercial Future Land Use Map designation within the Future Land Use Element of the Comprehensive Plan. A positive finding can be made with respect to LDR Section 2.4.5(M)(5). ALTERNATIVE ACTIONS A. Continue with directi on. B. Move a recommendation of approval to the City Commission of a privately -initiated amendment to the Land Development Regulations to create S ection 4.5.20 , “Waterford Overlay District” and amend S ection 4.4.25 “Special Activities District (SAD )”, S ub section (E ), “Supplemental District Regulations” to limit the nonresidential floor area ratio (FAR ) within th at o verlay d istrict to a maximum of 1.32 and the residential density to a maximum of 12 units per acre , by adopting the findings of fact and law co ntained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of a privat ely -initiated amendment to the Land Development Regulations to create S ection 4.5.20 , “Waterford Overlay District” and amend S ection 4.4.25 “Special Activities District (SAD )”, S ubsection (E ), “Supplemental District Regulations” to limit the nonresidential floor area ratio (FAR ) within th at o verlay d istrict to a maximum of 1.32 and the residential density to a maximum of 12 units per acre , by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approva l thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Move a recommendation of approval to the City Commission of a privately -init iated amendment to the Land Development Regulations to create S ection 4.5.20 , “Waterford Overlay District” and amend S ection 4.4.25 “Special Activities District (SAD )”, S ubsection (E ), “Supplemental District Regulations” to limit the nonresidential floor a rea ratio (FAR ) within th at o verlay d istrict to a maximum of 1.32 and the residential density to a maximum of 12 units per acre , by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereo f is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: Proposed Ordinance No. 2 2 -12 MEMORANDUM TO:Mayor and City Commissioners FROM:Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH:City Manager DATE:June 26, 2012 SUBJECT:AGENDA ITEM 12.D. - REGULAR COMMISSION MEETING OF JULY 5, 2012 ORDINANCE NO. 23 -12 ITEM BEFORE COMMISSION Consideration of a City-initiated amendment to the Land Development Regulation Section 2.4.3 (K)(1) &(3) which outlines the current fee schedules for “Development Applications” and “Permit Fees” as well as Section 6.3.3(A) “Permit and Fees” for Side walk Cafés. BACKGROUND The proposed changes to LDR Section 2.4.3(K)(1) “De velopment Application Fees” increases the Beach Overlay Review fee from $1,560 to $1,610 to a ccommodate an increase in the annual renewal of the contract agreement with “Urban Design Kilday St udios” which has been increased by $50.00 from $950 to $1,000 as well as to create a new fee for m odifications to approved Redevelopment Plans. Beach overlay review encompasses both internal City review as well as an external review by “Urban Design Kilday Studios”. The $1,610 fee is collected by the City, $1,000 is directly passed through to Urban Design Kilday Studios (UDKS) and the City ret ains the additional $610 in fees for their internal review. While the creation of a Redevelopment Plan is prepa red by City staff, once adopted, modifications to address a specific development proposal are sometim es requested by individual property owners. Such requests involve considerable staff input that incl udes comparative analysis of land uses, traffic dat a, development intensities and concurrency evaluation. Such analysis is often akin to the review of a comprehensive plan amendment requiring the preparat ion of a report to the Planning and Zoning Board and the City Commission. As such a fee of $2,760 is proposed. The amendment also proposes the creation of new bui lding permit fees as well as modifications to certain existing permit fees. The most recent incre ases in permit fees occurred in September 2009. The proposed fees are based on a comparative analysis o f several municipalities including Boca Raton, Boynton Beach, Palm Beach Gardens, Deerfield Beach, Pompano Beach, West Palm Beach and Palm Beach County. Comparatively, the proposed fees are slightly above the mid-range averages of the municipalities surveyed. Finally, the amendment proposes increasing the side walk application fee from $4.50 per square foot to $4.75 per square foot of approved sidewalk café space. Additional background and analysis is provided in t he attached Planning & Zoning Board Staff Report. REVIEW BY OTHERS The text amendment was considered by the Planning a nd Zoning Board on June 18, 2012. No one from the public spoke on the issue. The Board recommended approval on a 4 to 0 vote, by adopting the findings of fact and law contained in the staff rep ort and finding that the amendment is consistent wi th the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance 23-12 for a City initiated amendment to the Land Development Regulations Section 2.4.3(K)(1)&(3) and Section 6.3.3(A) regarding proposed increases to certain Development Applications and Permit Fees and increasing the permit fee assessed per square foot of approved sidewalk café space by adopting th e findings of fact and law contained in the staff report and finding that the request is consistent w ith the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development R egulations. Attachments: Ordinance No. 23-12 Planning and Zoning Board Staff Report of June 18, 2012 ORDINANCE NO. 23-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION (K), "FEES", PARAGRAPH (1 ), “DEVELOPMENT APPLICATIONS” AND PARAGRAPH (3), “PERMIT FEES”; AND SECTION 6.3.3, “SIDEWALK CAFÉ”, SUBSECTION (A), “PERMIT AND FEES” TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT APPLICATION AND PERMIT FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plannin g and Zoning Board reviewed the proposed text amendment at a public hearing held on Ju ne 18, 2012, and voted 4 to 0 to recommend that the changes be approved/denied; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan ; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1 . That the recitations set forth above are incorporated her ein. Section 2 . That Section 2.4.3, "Submission Requirements", S ubsection (K), "Fees", Paragraph (1), “Development Applications” of the La nd Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.4.3 Submission Requirements (K) Fees: Processing fees shall be collected for de velopment applications. The fees shall be as established herein and as modified by ordinance of the City Comm ission. 2 ORD. NO. 23-12 (1) Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications sha ll provide multiple fees. (a) Comprehensive Plan Amendment $ 2,760 (b) Review of a ADA/DRI $ 0 Modification of a DRI $ 0 (c) Voluntary Annexation with Zoning $ 1,220 (4) (d) Rezoning of Land $ 2,100 (e) Modification of a SAD Ordinance to add a use or uses $ 2,100 (f) Conditional Uses, New Application $ 1,655 Modification requiring Board Review $ 675 (g) Master Plans $ 1,400 (1) Master Plan Modification (5) (h) Formal review of a Sketch Plan [Section 2.4.1(B)] $ 67 5 (i) Similarity of Use $ 340 (j) Site Plan Review: Class I (Non-Impacting Modification) $ 200 Class II (Non-Impacting with Board Review) $ 400 Class III (Minor Modification) $ 610 (1) Class IV (Major Modification) $ 1,010 (1) Class V (New Submission) $ 1,400 (1) (k) Extension requests for a previous conditional use, site plan or master development plan (12) Class I Site Plan Modification $ 65 Class II Site Plan Modification $ 130 Class III Site Plan Modification $ 305 Class IV Site Plan Modification $ 480 Class V Site Plan $ 675 Master Development Plan $ 675 Master Development Plan modification (5) Conditional Use $ 830 3 ORD. NO. 23-12 Conditional Use Modification $ 340 Certificate of Appropriateness for Minor Development $ 35 Certificate of Appropriateness for Major Development $ 295 (l) Plats Minor Subdivision $ 1,010 (1) Major Subdivision $ 2,020 (1) Plat Recording Fee (3) (m) Abandonments Right-of-way $ 830 General Easements $ 410 Specific Easements $ 205 (n) Master Sign Program $ 170 (o) Variances Board of Adjustment $ 555 Historic Preservation Board $ 265 (p) Formal interpretation by the Board of Adjustment (per item) $ 70 (q) Certificate of Appropriateness by Board (14) Minor Development $ 65 (2) Major Development $ 585 (r) Certificate of Appropriateness by Staff $ 0 (13) (s) Request for Historic Designation $ 65 (per property ) Request for Change of Historic Designation or Classification $ 65 (per property) (t) Hearing before the Board of Adjustment (per item) $ 70 (u) Temporary Use Request involving City Commission $ 1 50 Action (v) Water Service Agreement Request - - without concurrent site plan $ 150 - - with concurrent site plan $ 0 (w) Land Development Regulations Text Change $ 1,655 (x) Waivers and Internal Adjustments $ 150 per request (6 ) 4 ORD. NO. 23-12 $ 280 per request (7) (y) Appeals by Applicant $ 375 (8) (z) Advertising (9) (aa) Zoning Verification Letter Interpretation of existing LDRs $ 65 Requiring Research for Previous Development Activity $ 140 plus $35 per hr in excess of 2 hrs (bb) North Beach/Seagate and Ocean Neighborhood $1,560 1,610 (1) Overlay District Review (cc) Application Fee for In-Lieu Of and Public Parking Fee $ 255 (10) Requests (dd) Ad Valorem Tax Exemption (Review Concurrent with COA Review) $ 0 Ad Valorem Tax Exemption (Review after CO received for approved development) $ 65 (ee) Re-submittal Fee will be charged on the 3rd and $ 210 (15) subsequent re-submittals (ff) Legal Review of Documents (per document) $ 160 (gg) Applicant’s request for Postponement/Continuance (per request) $ 80 (hh) Stand Alone Bars (per request) $ 55 (ii) Automatic Extension Requests (per Senate Bill 360) $ 105 (12) (jj) Redevelopment Plan Modification $ 2,760 Section 3. That Section 2.4.3, "Submission Requirements", Su bsection (K), "Fees", Paragraph (3), “Permit Fees” of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.4.3 Submission Requirements 5 ORD. NO. 23-12 (K) Fees: Processing fees shall be collected for de velopment applications. The fees shall be as established herein and as modified by ordinance of the City Comm ission (3) Permit Fees: Fees associated with permits are applicable per the following. All fees are cumulative and separate unless otherwise indicated. C ombined applications shall provide multiple fees. No permit fees are included in the imposition of application fees . (a) Shrub Clearing Permit: one acre $100 and $10 20 for each additional acre above one acre (b) Tree Removal Permit: $ 25 per tree Where a tree has died due to natural causes including disease, lethal yellowing, freezing temp., lightning and storms, or if the tree is of a prohibited species, there shall be no permit fee even though inspection and permit requirements sh all be met. $ -0- (c) Temporary Use, not requiring City $ 150 Commission action (e.g. Tents) (d) Mitigation Verification Affidavit $ 30 (e)(d) Work in the Public Right-of-way $ 15 (f) (e) Renewal/Extension of Permit $ 150 (g ) (f) Signs and Signing Application Fee $ 25 Minimum Permit Fee $ 25.00 Permit Fee, non-electric $2 $3 / sq. ft. /face Permit Fee, electric $20 Plus $2 $3 / sq. ft. /face Master Sign Permit Fee $150 Master Sign Permit Modification requiring SPRAB action $ 75 Banner Permit $50 each (h) (g) Permits for new buildings and additions which include all the fo llowing items: 1. Building Permit 2. Electrical Permit 3. Plumbing Permit 4. Mechanical Permit 5. Roofing Permit 6 ORD. NO. 23-12 For permit activity valued at $1,000 or less: -- Minimum fee of: $ 50 -- Plus: $ 30 per required inspection -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 /each change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of: $ 50 and $ 20 $ 22 per each additional $1,000 of value, or fraction thereof -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 /each change of contractor (i) (h) Permits for miscellaneous items such as driveways, fences, reroofs, residential pools, utility sheds, patios, sidewalks, landscaping, irrigation: For permit activity valued at $1,000 or less: -- Minimum fee of: $ 40 -- Plus: $ 30 per required inspection -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 /each change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of: $ 40 and $ 20 $ 22 for each additional $1,000 of value or fraction thereof -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 /each change of contractor (j) (i) Permits for sub trade work including, but not limited to: 1. Site work 2. Structural Pest Control 3. Underground Fuel Tanks 4. General Construction 5. Subcontracts for General Construction 6. Commercial Public Pool For permit activity valued at $1,000 or less: -- Minimum fee of: $ 50 -- Plus: $ 30 per required inspection -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 /each change of contractor 7 ORD. NO. 23-12 For permit activity valued at $1,001 or more: -- Minimum fee of: $ 50 -- Plus: $ 40 $ 42 for each $1,000 of value or fraction thereof -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 /each change of contractor (k) (j) Moving of a building or structure: $ 400 (l) (k) Demolition of single family residence: $ 100 $150 for every 3,000 sq. ft. or fraction thereof Demolition of commercial structure: $ 250 for every 5,000 sq . ft. or fraction thereof Demolition of commercial accessory building: $ 150 per buildi ng Interior demolition for single family & commercial only; n on-structural: $200 (m) (l) Drilling or Driving a Potable well: $ 70 (n) (m) Change-out Permits: A change-out permit is for wo rk by a sub-trade contractor or qualified owner-builder which involves the repair or replacement of minor components. Minor components include, but are not limited to, sho wers, sinks, water heaters, air- conditioning condenser units, air-handlers, heat strip s, minor duct repair, electrical fixtures, electrical service upgrades, pool pumps, irrigation systems pumps and accessories, and ceiling fans. Value of less than $200: $ -0- Value of $200 to $1,000: $ 50 Value greater than $1,000 per normal permit (o) (n) Certificate of Occupancy: -- $25 for single family & duplex -- $50 for commercial & multi-family -- Conditional Certificates: $700 (p) (o) Penalty for failing to call for a final inspection: $ 100 (q) (p) Penalty where work is begun without a permit: Whe re work for which a permit is required is started or proceeded with prior to obtainin g said permit, the fees herein specified shall be tripled. The payment of such trip le fee shall not relieve any persons from fully complying with the requirements of this code i n the execution of the work, nor from any other penalties prescribed herein. (r) (q) All service stations, grocery stores, kidney dialysi s centers, pharmacies, residential buildings with elevators, country clubs and/or clubhou ses in residential communities shall 8 ORD. NO. 23-12 be permitted to install generators and all appurtenan ces related to generators including fuel storage areas and screening and all permit fees for installati on shall be waived. (s) (r) Construction Trailer/ Container: $250 each plus sub trade permits (t) (s) Sales Trailer: $750 each plus sub trade permits. (u) (t) Accessory Buildings: Pre-Fab: Up to 36 sq. ft: $50 + $30 per required inspection 37 sq. ft. and above: $100 + $30 per required inspection Site Built: Up to 36 sq. ft.: $100 + $20 per required inspecti on 37 sq. ft. and above: $150 + $20 per required inspection (v) (u) Electrical Inspection of Unoccupied Property for Meter Ins tallation: Residential $250 Commercial $300 (w) (v) Electrical “Temp for Test” 30-day Power Release: Up to 2,000 sq. ft. $100 2,000 sq. ft. to 5,000 sq. ft. $150 5,001 sq. ft. to 50,000 sq. ft. $200 50,001 sq. ft. and over $300 (x) (w) Flood Zone Determination $25 per property (y) (x) Foundation Only Permit $1,200 single family $2,000 multi-family $3,000 commercial (z) Foundation Prep Work Only $300 residential $500 commercial (aa) Interior Build -Out (pre -permit) $250 residential $350 commercial (bb) (y) Early Submission Fee $200 each (pre-certified site plan) (cc) (z) Lost/Replacement Plans $150 plus printing costs (dd) Medical Gas Installation $80 minimum/each (ee) (aa) Custom Bathtub Inspection $ 200 each $ 50 per inspection (ff) (bb) Open Permit/Property Search $15 per request 9 ORD. NO. 23-12 (gg) (cc) Overtime Inspections $100/hr (4 hr minimum) (hh) (dd) Engineer Letter or Affidavit $ 50 per inspection $ 100 final inspection (ii) (ee) Stocking Permit $ 250 (jj) (ff) Liquor License Review - Business $ 100 per Application - Special Event $ 25 per Application Section 4. That Section 6.3.3, "Sidewalk Cafe", Subsection (A ), "Permit and Fees" of the Land Development Regulations of the City of Delray B each, Florida, be and the same is hereby amended to read as follows: Section 6.3.3. Sidewalk Café (A) Permit and Fees: It shall be unlawful for any pe rson to establish a sidewalk cafe at any site unless a valid permit to operate a sidewalk cafe has been obtained for that site, from the City pursuant to this Section. The permit shall be issued on a form provi ded by the City of Delray Beach. No permit shall be issued until all the requirements of this Section have been me t. Permits shall not be transferable. (1) Each permit shall be effective for one year, fr om July 1st until June 30th. Any new permit application received after July 1st until Dec ember 31st will pay the full cost of the permit fe e and the permit shall expire June 30th of the following year . Any new permit application received after December 31st will pay one-half of the cost of the permit fee and the permit sh all expire June 30th of the same year. (2) The sidewalk café application fee is one hundred f ifty dollars ($150.00). The permit fee is $4.50 $4.75 per square foot of approved sidewalk café space. (3) Renewals of a Sidewalk café permit and payment of fees must be submitted and approved on or before July 1 st of each year. (4) Late Renewal Fee : If a renewal payment is not submitted by July 1st, it shall be considered late and subject to a late fee of ten-perce nt (10%), plus an additional five-percent (5%) late f ee if payment is not received by the first of each month t hereafter until paid, provided that the total fee shal l not exceed twenty-percent (20%). If a renewal payment i s not submitted by July 1st, the City has the right to immediately cancel the Sidewalk Café permit upon written n otice to the permit holder. Section 5. That should any section or provision of this ordina nce or any portion thereof, any paragraph, sentence, or word be declared by a cou rt of competent jurisdiction to be invalid, such decision shall not affect the validity of the remain der hereof as a whole or part thereof other than th e 10 ORD. NO. 23-12 part declared to be invalid. Section 6. That all ordinances or parts of ordinances in confl ict herewith be, and the same are hereby repealed. Section 7 . That this ordinance shall become effective immedia tely upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 201___. ____________________________________ ATTEST M A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________ PLANNING AND ZONING BOARD STAFF REPORT MEETING OF: JUNE 18, 2012 AGENDA NO: V.E AGENDA ITEM: AMENDMENT TO THE LAND DEVELOPMENT REG ULATIONS SECTION 2.4.3(K)(1) “DEVELOPMENT APPLICATIONS”; SECT ION 2.4.3(K)(3) “PERMIT FEES” AND SECTION 6.3.3 “SIDEWALK CAFÉ” SUBSECTION 6.3.3(A) “PERMIT AND FEES” TO PROVIDE FOR AN INCREASE IN CERTAIN DEVELOPMENT APPLICATIONS AND PERMIT FEES AND INCREASING THE PERMIT FEE ASSESSED PER SQUARE FOOT OF APPROVED SIDEWALK CAFÉ SPACE ITEM BEFORE THE BOARD The item before the Board is that of making a recomme ndation to the City Commission regarding an amendment to the Land Development Regu lations (LDRs) to increase the development applications, permit and sidewalk café fee s pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6(A), an amendment to the La nd Development Regulations may not be made until a recommendation is obtained from the Plan ning and Zoning Board. BACKGROUND AND ANALYSIS This amendment pertains to Section 2.4.3 (K)(1)&(3) wh ich outlines the current fee schedules for “Development Applications” and “Permit Fees” as w ell as Section 6.3.3(A) “Permit and Fees” for Sidewalk Cafés. LDR Section 2.4.3(K)(1) “Development Applications” The proposed changes include increasing the project review fees for projects located within the North Beach/Seagate and Ocean Neighborhood Overlay Di stricts; as well as the creation of a new fee for privately initiated modifications to rede velopment plans. Pertaining to projects located within the Beach Overlay Districts, the annual r enewal of the contract agreement with “Urban Design Kilday Studios” increases their Beach Prope rty Owners Design Manual compliance review fee from $950 to $1,000. The proposed change correspondingly increases the site plan development review fee from $1560 to $1610. The entire $1,610 fee is collected by the City, $1,000 is directly passed through to Urban De sign Kilday Studios (UDKS) and the City retains the additional $610 in fees for their intern al review. The proposed amendment also establishes a new fee for mo difications to an approved redevelopment plan. The review and analysis associated with redevelopment plan modification necessitates considerable staff input and involves comparati ve analysis of land uses, traffic data, development intensities and concurrency evaluation . Such analysis is often akin to the review of a comprehensive plan amendment requiring th e preparation of a report to the Planning and Zoning Board and the City Commission. As such a fee of $2,760 is proposed. Planning and Zoning Staff Report – June 18, 2012 LDR Text Amendment – Application Fees 2 LDR Section 2.4.3(K)(2) “Permit Fees” The amendment also proposes the creation of new buildin g permit fees as well as modifications to certain existing permit fees. These fees are based on a comparative analysis of several municipalities including Boca Raton, Boynton Beach, Well ington, Palm Beach Gardens, Deerfield Beach, Pompano Beach and Palm Beach County. Comparatively, the proposed fees are slightly above the mid-range averages of the muni cipalities surveyed. The proposed text changes listed below only identifies the permit fee cat egories that are being modified: (3) Permit Fees: (a) Shrub Clearing Permit: one acre $100 and $1 0 20 for each additional acre above one acre (d) Mitigation Verification Affidavit $30 (g)(f) Signs and Signing Application Fee, Minimum Permit Fee $25.00 Permit Fee, non-electric $2 $3 / sq. ft. /face Permit Fee, electric $20 Plus $2 $3 / sq. ft. /face Master Sign Permit Fee $150 Master Sign Permit Modification requiring SPRAB action $ 75 (h)(g) Permits for new buildings and additions which include all the following items: 1. Building Permit 2. Electrical Permit 3. Plumbing Permit 4. Mechanical Permit 5. Roofing Permit For permit activity valued at $1,000 or less: -- Minimum fee of: $ 50 -- Plus: $ 30 per required inspection -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 /each change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of: $ 50 and $ 20 $ 22 per each additional $1,000 of value, or fraction thereof -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 /each change of contractor (i)(h) Permits for miscellaneous items such as driveways, fences, reroofs, residential pools, utility sheds, patios, sidewalks, landscaping, irrigation: Planning and Zoning Staff Report – June 18, 2012 LDR Text Amendment – Application Fees 3 For permit activity valued at $1,000 or less: -- Minimum fee of: $ 40 -- Plus: $ 30 per required inspection -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 /each change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of: $ 40 and $20 $22 for each additional $1,000 of value or fraction thereof -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 /each change of contractor (j)(i) Permits for sub trade work including, but not limited to: 1. Site work 2. Structural Pest Control 3. Underground Fuel Tanks 4. General Construction 5. Subcontracts for General Construction 6. Commercial Public Pool For permit activity valued at $1,000 or less: -- Minimum fee of: $ 50 -- Plus: $ 30 per required inspection -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 /each change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of: $ 50 -- Plus: $ 40 $ 42 for each $1,000 of value or fraction thereof -- Plus: $ 50 per reinspection (1) -- Plus: $ 100 /each change of contractor (l)(k) Demolition of single family residence: $ 100 $150 for every 3,000 sq. ft. or fraction thereof Demolition of commercial structure: $ 250 for ever y 5,000 sq. ft. or fraction thereof Demolition of commercial accessory building: $ 150 pe r building Interior demolition for single family & commercial only; non-structural: $200 (o) (n) Certificate of Occupancy -- $25 for single family & duplex -- $50 for commercial & multi-family -- Conditional Certificates: $700 (s) (r) Construction Trailer/Container $250 each plus sub trade permits (z) Foundation Prep Work Only $300 residential $500 commercial (aa) Interior Build -Out (pre -permit) $250 residential $350 commercial Planning and Zoning Staff Report – June 18, 2012 LDR Text Amendment – Application Fees 4 (dd) Medical Gas Installation $80 minimum/each (ee) (aa) Custom Bathtub Inspection $ 200 each $ 50 per inspection (hh) (dd) Engineer Letter or Affidavit $ 50 per inspection $ 100 final inspection (ii) (ee) Stocking Permit $ 250 (jj) (ff) Liquor License Review - Business $ 100 per Application - Special Event $ 25 per Application Section 6.3.3. “Sidewalk Café: Finally, the amendment proposes increasing the side walk application fee from $4.50 per square foot to $4.75 per square foot of approved sidewalk café space. REQUIRED FINDINGS Pursuant to LDR Section 2.4.5(M)(5), approval of any LDR amendment must be based upon a finding that the amendment is consistent with and furth ers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it i s not inconsistent with them. REVIEW BY OTHERS Courtesy Notices: Courtesy notices were provided to the following homeo wner and civic associations: Neighborhood Advisory Council Delray Citizens Coalition Chamber of Commerce Letters of objection and support, if any, will be pro vided at the Planning and Zoning Board meeting. RECOMMENDED ACTION By motion, recommend to the City Commission approval o f the amendments to the Land Development Regulations Section 2.4.3(K)(1)&(3) and S ection 6.3.3(A) regarding proposed increases to certain Development Applications and Permit Fees and increasing the permit fee assessed per square foot of approved sidewalk café space by adopting the findings of fact and law contained in the staff report and finding that th e request is consistent with the Comprehensive Plan and meets criteria set forth in Secti on 2.4.5(M) of the Land Development Regulations. Attachment: Proposed Ordinance Proposed Permit Fee - Comparative Analysis Based upon our review, the building permit fee on a $200,000 single family home would be as follows: Delray Beach $4,030 Boca Raton $4,767 Boynton Beach $4,600 Deerfield Beach $3,020 Palm Beach County $2,850 Palm Beach Gardens $2,970 Pompano Beach $5,200 West Palm Beach $4,275