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06-05-12 Regular City Commission MinutesJUNE 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. I\ Ir. Frankel requested that Item &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. 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 thetas to the Mayor's Collaborative Implementation Team. She stated the second meeting was last night and the first consultant carne 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. 2 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. 1.2- 021MATHEWS 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 WHS1, 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/FINALVINTERCOUNTY 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 fiom 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 /FINALUINTERCOUNTY 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 I1B 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). 3 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, 2011 which 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 4 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. 2XINALURA,NDOLPH & DEWDNEY CONSTRUCTION, INC. MOMPEY 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. 5 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., 9.8., 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. Darling stated the Code allows an 18 foot extension and is shown in the permitted section. The portion that exceeds that is about 612 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. 6 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 REOUEST /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 7 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. 8 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 cafe 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 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 along the south side of Avenue L approximately 3 00 -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 9 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. 10 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. 11 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 tern 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). 12 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. 99I. 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 42) 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. 13 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 33481 stated it would be a great idea for the budget process to identify essential services and non- essential 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 14 06/05/1.2 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 McDuffze 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. 103. 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 15 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. office.) 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 16 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 fiom 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 17 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 BIum, 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 18 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 Gernert 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 Gernert 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 Gernert 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 Gernert 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. I1.B.4. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated Mr. Van Gernert'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. 11.13.6. David Faustin 10175 Camino Del Dios Delra Beach FL 33446 (continued his comments from March 676, April 3"', 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. 11.11.7. Bob Turpstra(sp ?), 15065 Michaelanselo 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 19 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 Eizan, 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, "Refirement 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 FIRE - RESCUE DEPARTMENTS ", SECTION 33.60, "DEFINITIONS" ; SECTION 33.61, "MEMBERSHIP 20 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 21 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. 22 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 S 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. office.) 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 201211; 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 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. 23 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. office.) 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 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 24 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 -11/2 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 25 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. GM 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. 26 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. ATTEST: MAYO ��� � \ __) - �� �1� City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on June 5, 2012, which Minutes were formally approved and adopted by the City Commission on July 5, 2012. City C er NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 27 06/05/12 IN THE CITY CHAMBERS OF DELRAY BEACH, ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. COMMISSION THE CITY OF FLORIDA WAIVER REQUEST ASSOCIATED WITH A CERTIFICATE OF APPROPRIATENESS FOR 112 NE 7" STREET, DEL -IDA HISTORIC DISTRICT 1, This waiver request to permit an increase in the Building Height plane (BHP) ratio associated with a Certificate of Appropriateness for 112 NE 7th Street, Del - Ida Historic District came before the City Commission.on June 5, 2012, 2. The Applicant; and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to permit the building to encroach the area outside of the Building Height Plane. All of the evidence is a. part of the record in this case. Required. findings are made in accordance' with Subsection f. 1. WAIVER: 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 Permit an Increase in the Building Height Plane (BHP) Front. Elevation Extension Limitation: The proposal includes a front elevation width of 24'6'. The primary two story element measures 17'6" and meets the requirements. The additional area that exceeds the requirements is 7'6" wide. Therefore, a waiver is required to increase the front elevation encroachment into the Building Height. Plane (BHP) from 18' to 24'6''. Pursuant to LDR Section 4.5.1(E)(9)(b) "Visual Compatibility Incentives, Front Elevations," in order to provide design flexibility for residential structures that otherwise satisfy the Visual Compatibility Standards, up to twenty five percent (25 %) of the. front elevation. can extend above the BHP to a maximum height of thirty five feet (35), , provided twenty five percent (25 %) or more of the elevation remains one story as June 5, 2012 City Commission Meeting; Item 9.A. defined by LDR Section 4:51 (E)(8)(a)(2). The total width of the extension shall not exceed 18 feet (18') along the front elevations. Does the waiver request to increase the front elevation encroachment from 18' to 24'6" meet all of the requirements of 2.4.7(8)(5)? Yes ✓ No 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 to LDR Section 4.5.1(E)(9)(b). 6. Based on the. entire record before it, the City Commission herby adopts this Order this. 5th day of June,, 2012, by a vote of 1 5 \ in favor ark A '16_Nosed.. ATTEST: Nelson S Chevelle Nubin, City Clerk 2 MAW June 5, 2012 City Commission Meeting; Item 9.A. 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 ASSOCIATED WITH A CERTIFICATE OF APPROPRIATENESS FOR 116 NE 7th STREET, DEL -IDA HISTORIC DISTRICT This waiver request to permit an increase in the Building Height Plane (BHP) ratio. associated with a Certificate of Appropriateness for 116 NE 7th Street, Del - Ida Historic District came before the City Commission on June 5, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to permit the building to encroach the area outside of the Building Height Plane. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection 1. WAIVER: Pursuant to LDR Section 2.4.7(6)(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 Permit an Increase in the Building Height. Plane (BHP) Front Elevation. Extension Limitation: The proposal includes a front elevation width of 31'6 ". The primary two story element measures 18" and meets the requirements:. The additional area that exceeds the requirements is 13'6" wide. Therefore, a waiver is required to increase the front elevation encroachment into the Building Height Plane (BHP) from 18' to 31'6'°. Pursuant to LDR Section 4.5.1(E)(9)(b) "Visual Compatibility Incentives, Front Elevations," in order to provide design flexibility for residential structures that otherwise satisfy the Visual Compatibility Standards, up to twenty five percent .(25 %) of the front June 5, 2012 City Commission Meeting; Item 9.8. elevation can extend above the BHP to a maximum height of thirty five feet (35'),. provided twenty five percent (25 %).. or more of the elevation remains ane story as defined by LDR Section 4;5.1 (E)(8)(a)(2). The total width of the extension shall not exceed 18 feet (18') along the front elevations. Does We waiver request to increase the front elevation encroachment from 18' to 31'6 meet all ofthe requirements of 2.4.7(B)(5)1 Yes ✓ No 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 th.e 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 to.LDR Section 4.5.1(E)(9)(b). 5: Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of June, 2012; by a vote ATTEST. ChevelleNubin, City Clerk 2 5 \ in favor end �Q-', ) .6,pposed. Nelson 8. McDuffie; M June 5, 2012 City Commission Meeting; Item 9.3. IN THE` CITY ITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 9 Nt2n,,�Avenue: 1 This waiver re* came before the City Commission. on June 5, 2012 . request List. c 2. The Applicant and. Ci ty staff presented documentar y evidence and testimony to the City Commission pertaining to. the. waiver request for-9 NE 2rid. Avenue. All. of the evidence is a part of the record in this case. Required 'fiindings are Made in accordance with SObsection I. 1. WAIVERS: Pursuant to ILDR 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, provi.sion of public f cirities; (c). Shall not create an unsafe situation, and' (0) Doeshot. result- in the: grant of a specla-I 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 4AM(F)(4)(c)(n. Pursuant to LDR Section 4.4.13(F)(4)(c)(1), a minimum of 70% and. a Maximum Of 900/0 of the building frontage shall be set back to. no greater than ten feet (10') from the property line: for buildings up to twentyw-fiive feet (25') in height The applicant is requesting a waiver to al . low 0% of the building frontage. at NE 2nd Avenue to be set back at a. maximum of ton feet (10') rather than the 70%7*90% required.. Under the proposed des[qn, the. entire roof, columns and structural supports are to remain at the Current setback of four feet (4'). However,. 100% of the frontage of the modified structure will be set back more than 10 feet (.10') from the property line. Should the waiver be granted? Yes ✓ No June 5, 2012 City Commission Meeting; Item 9.C. 3. The City Commission has applied the Comprehensive Plan and LDR requirements is 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 V/ denies the .waiver request. 6. Based on the entire record before it, the City Comm issioF�hereby adopts this Order this 5th day of June, 2012, by a vote ATTEST: Chevelle Nubin, City Clerk E in favo V + - N-) t�Tl Nelson S. McDuffie, posed. June 5, 2012 City Commission Meeting; item 9.C.