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06-19-12 Regular City Commission MinutesJUNE 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. 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 -- JuIy 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 mind - bending economic upturn they have put in place through good public policy. 2 11 16JL® 7.B. I.M.P.A.C.T. (Individual, Mentorim 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 V2 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. 83. 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. 3 06/19/12 S.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. 12PB 1 between the City and the DEP for the state's cost sharing of the Beach Renourishment Project. S.G. BULLETPROOF VEST GRANTMEPARTMENT 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 (CRAKREATIVE 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. 8,8J. 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 (DR13). S.L. MEMORANDUM OF UNDERSTANDING /SOLID WASTE AUTHORITY (SWAVAMERICAN 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). S.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 06/19/1.2 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 5 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.) 8.0. 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 8.11., 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. C 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 Conunission regarding the appeal, the public hearing was closed. 7 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 ! / -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 Z 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. 9.5. THIS ITEM HAS SEEN REMOVED FROM THE AGENDA. 8 06/19/12 9.C. DESIGNATION OF VOTING DELEGATE: Designate the City's voting delegate to the Florida League of Cities' 86"' 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. 9 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. 9.11. 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. 10.11. 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, 10 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 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 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 Delrav 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 11 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 chiefs 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. 10.1C. 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. 12"' Avenue, approximately 106 feet north of S.W. 2"a Street for the Neighborhood Resource Center Expansion. The caption of Ordinance No. 18 -12 is as follows: 12 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 Planting 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 S, 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. 13 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. 10.1). 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 McDuffe 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. 14 06/19/12 1LA. 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 410 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 Cafe (self -serve yogurt cafe), 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 15 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. 16 06/19/12 12. FIRST READINGS: A. None 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. O.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 40'' wedding anniversary. 13.B. City Attorney The City Attorney had no connnents 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 5h 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 17 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. l0a' 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 18 06/19/12 ATTEST\\ MAYO Poi 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 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 some amendments, additions or deletions as set forth above. 19 06/19/12 IN THE' CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ON THE APPEAL OF THE SPRAB 05109112. DENIAL OF A CLASS l SITE PLAN AND ARCHITECTURAL ELEVATIONS ASSOCIATED WITH THE REPLACEMENT OF SERVICE DOORS FOR FIRESTONE COMPLETE AUTO CARE STORE, LOCATED AT 5190 W. ATLANTIC AVENUE 1. This is an appeal of the May 9; 2012 . decision by the Site Plan Review and Appearance Board ( "SPRAB ") denying Class I Site Plan and Architectural Elevation change associated with the Firestone Complete Auto. Care store, located at 5190 W. Atlantic Avenue, which. carne before the City Commission at its meeting on June 1`9, 2012. 2, The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the denial of a Class I Site Plan and Architectural Elevation change associated with the Firestone Complete Auto Care store. Required findings are made in accordance with Subsection I. I. LDR REQUIREMENTS FOR ARCHITECTURAL ELEVATIONS: A. Pursuant to LDR Section 4 ..6.18(E), (1) the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality; (2) the proposed structure- is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value; (3) the proposed structure. is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Has this requirement been met? Yes No ✓ 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. June 19, 2012 City Commission Meeting; Item 9.A. 5;- The -City Commission- finds there is ample and competent substantial evidence to supp(j.r findings in the record submitted, and adopts the. facts contained . . Hts in the 'record including but not limited to the staff' reports, testimony of experts and*, other; cbrV0tent.wAq0s.es supporting, these findi"ngs.. B.ased. on the entire record before I . the City Corn.mlss'io.n approves; denies ✓ the appeal. The, City Commis'sto,ri hereby adopts this s� 19th d . . . . . . . . js (71 20. f2, by a vote. ofi --3 in favor and 0 OPP ATTEST- � �5t)A �.j- T Nelson 8, McDuffie, Clievelle Nubin City Clerk. 2 June 19, 2012 City Commission Meeting; Item 9.A.