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07-05-12 Regular City Commission MinutesJULY 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., Thursday, July 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 - David T. Harden, City Manager Also present were - Brian Shutt, City Attorney Douglas Smith, Acting City Manager Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Kathleen Gannon with St. Paul Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Frankel moved to approve the Agenda, 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. 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Regular Meeting of June 5, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve the Minutes of the Workshop Meeting of June 12, 2012, 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. 07/05/12 Mr. Carney moved to approve the Minutes of the Regular Meeting of June 19, 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. None 6.A. Recognizing and commending Carolyn Patton for her dedicated service to the Sandoway House Nature Center Mayor McDuffie read and presented a proclamation to Carolyn Patton for her dedicated service to the Sandoway House Nature Center. Carolyn Patton came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 26 -12: Approve Resolution No. 26 -12 recognizing and commending Friel Bronson for 30 years of dedicated service to the City of Delray Beach. office.) The caption of Resolution No. 26 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING FIEL BRONSON FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 26 -12 is on file in the City Clerk's Mayor McDuffie read the resolution. Lisa Hartman, Utility Billing Manager, gave a few brief comments. Fiel Bronson came forward to accept the resolution and gave a few brief comments. Mr. Frankel moved to approve Resolution No. 26 -12, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 2 07/0/12 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 29 -12 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS /109 FERN COURT): Approve a tax exemption request for eligible improvements to the property located at 109 Fern Court within the Del Ida Park Historic District; and approve Resolution No. 29 -12. The caption of Resolution No. 29 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO PAUL H. ZACKS AND MICHELE S. ZACKS. FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 109 FERN COURT, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WTTH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(M)(5); PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 29 -12 is on file in the City Clerk's office.) 8.B. RESOLUTION NO. 30 -12: ABANDONMENT OF UTILITY EASEMENT: 633 NORTH OCEAN BOULEVARD: Approve Resolution No. 30 -12 to abandoning a 10'X 100' utility easement located at 633 North Ocean Boulevard. The caption of Resolution No. 30 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED ON THE PROPERTY AT 633 NORTH OCEAN BOULEVARD, DELRAY BEACH, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A ". (The official copy of Resolution No. 30 -12 is on file in the City Clerk's office.) 8.C. MAINTENANCE MEMORANDUM OF AGREEMENT/FLORIDA DEPARTMENT OF TRANSPORTATION: Approve authorization for the Mayor to execute an inclusive Maintenance Memorandum of Agreement (MMOA) with Florida Department of Transportation (FDOT) for State Road A -1 -A, State Road 5, State Road 9 and State Road 806. 3 07/05/12 8.D. RENEWAL OF AGREEMENT /SOUTHEASTERN COLLEGE (f/k/a KEISER COLLEGE): Approve renewal of an agreement with Southeastern College to provide a clinical training site for EMT and Paramedic students. 8.E. SCHOOL READINESS CHILD CARE PROVIDER AGREEMENT/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC: Approve the School Readiness Child Care Provider Agreement between the City of Delray Beach and the Early Coalition of Palm Beach County, Inc. to provide subsidized child care funding for the Afterschool Program located at Pompey Park and the Community Center. 8.F. AFTERSCHOOL PROGRAM PROVIDER AGREEMENT/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC.: Approve a Continue -to -Care Afterschool Program Provider Agreement between Early Coalition of Palm Beach County, Inc. and the City, to continue reimbursable funding through the Continue to Care - Afterschool Scholarship program for the Afterschool Program located at Pompey Park and the Community Center. 8.G. GRANT AWARD/RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Approve and accept the FY 2012 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) award in the amount of $42,212.00 which will provide funding to support the Holiday Robbery Task Force. 8.H. GRANT APPLICATION; 2012 ASSISTANCE TO FIREFIGHTERS: Authorize submission of a grant application to the Federal Emergency Management Agency for the 2012 Assistance to Firefighters Grant. 8.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 18, 2012 through June 29, 2012. 8.J. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Hub City Ford in the amount of $390,523.00 for fourteen (14) replacement Police Patrol vehicles. Funding is available from 501- 3312 -519 -64.20 (Garage Fund: Repair & Maintenance Services/Vehicle Maintenance - Garage). Mr. Frankel moved to approve the Consent Agenda, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuff e — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. 4 07/0-5/12 9. REGULAR AGENDA: 9.A. WAIVER REQUESUHARBOR PLAZA: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(1), "Stacking Distance'', reducing the stacking distance from the required 50' to 21.4' for parking facility that contains 51 or more parking spaces for Harbor Plaza, located at the northeast corner of South Federal Highway and Linton Boulevard. (Quasi - Judicial Hearing) Mayor McDuffie Mayor McDuffie read the City of Delray Beach Quasi - Judicial Hearing rules into the record for this item. 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 had no ex parte communications to disclose. Paul Dorling, A1CP, Director of Planning and Zoning Department, entered the Planning and Zoning Department project file #2012 -074 into the record. Mr. Dorling stated this is a waiver request for Harbor Plaza located at the northeast corner of Linton Boulevard and Federal Highway. He stated there is a redevelopment plan to take out the middle of that shopping center and knock down 17,000 square feet and construct an additional 23,740 square feet addition with some outside seating to accommodate a fresh market. Mr. Dorling stated they are proposing a new driveway on the north end of that center and the LDRs talk about requiring at least a 50 foot stacking distance between the property line and any opposing drive aisle. This proposal only accommodates 21.4 feet and the applicant is requesting relief from the 50 feet to the 21.4 feet. Mr. Dorling stated the waiver analysis is in the staff report and staff notes that there are six (6) driveway access points in addition to this driveway. Staff feels there will not be an issue with stacking given the multiple access points and options that people have. Staff recommends approval. At this point, Mr. Dorling displayed the elevation. Jessica Joly, Stiles Development, 301 E. Las Olas Boulevard, Fort Lauderdale, FL 33301 (represents the owners of Harbor Plaza), stated they meet the intent of the Code because they have introduced additional stop signs so that traffic coming from Banyan Tree Lane will be unimpeded to go into the shopping center or to go straight through. Ms. Joly urged the Commission to grant the waiver. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver 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. 5 07/05/12 Mr. Frankel stated so many people excited about this type of grocery store coming into the city and strongly supports the waiver. Mr. Carney stated this seems to be improving the existing entrance. Mr. Dorling stated it is primarily for delivery trucks. Mr. Carney stated he does not see a lot of pressure on that second entry because of the first entry which will be largely for customers. 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. Jacquet moved to adopt the Board Order as presented, 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.B. UNITED STATES TENNIS ASSOCIATION (USTA) DAVIS CUP FINALS BID: Consider approval and authorization to submit a bid to the United States Tennis Association (USTA) to be the host site for the 2012 Davis Cup Finals if held in the United States, Doug Smith, Acting City Manager, stated this is a bid to the United States Tennis Association (USTA) for the City to be considered as a host site for the 2012 David Cup Finals if held in the United States. Mr. Smith stated the bid addresses the requirement items, gives a summary about the city, and also plans to send the television commercial that was done in the last year or two that was used for the ITC Tournament. Mr. Smith stated staff requests approval of the bid and authority to submit it to the USTA and if approved staff has a cover letter drafted for the Mayor's signature and we would be requesting an early determination of the site selection. He stated the reason for that is due to the budget cycles for the City and other partnering organizations being with the September budget approval timefiame. Mr. Smith stated if the Commission decided if for some reason we were selected and it was not in our best interest to proceed with it we could still reject an acceptance. He stated the City anticipates its out -of- pocket expenses would be no more than $100,000. Mr. Smith stated this is less than what was paid for the last Davis Cup Quarter Finals that was held in the city. He stated one other item in the cover memo for the next associated agenda item on the grant request to the Tourist Development Council is this event is estimated to have an economic impact of $1.95 million. Mr. Frankel complimented staff for this proposal and stated it was wonderfully done and it sets forth what our city can offer. He stated about a year ago Delray Beach was up for the best tennis city in the country. Mr. Frankel stated while we did fall short, it really shows not only in Delray Beach but Palm Beach County enthusiasm is for tennis and it also comes at a time a little bit off season where it would be good use of the tennis facility. Mr. Frankel stated he wholeheartedly supports this. 6 07/05/12 Mrs. Gray supports this and stated this is all in line with calling Delray Beach a "Sports Destination". She thanked the Sports Commission for helping the City with a lot of sports programs. Mr. Carney this is a great opportunity and if the Davis Cup comes to the United States he would like it to be in Delray Beach. Mr. Jacquet stated if the Davis Cup comes to the United States he would love for it to be in Delray Beach. He stated being proactive and looking forward he suggested to consider with some of the concerns that we have had with the tennis center and tennis in the city putting together a small task force to report to the Commission to report to the City as far as how and what we should do with our tennis facility and tennis programs in maximizing its efficiency and minimizing its cost to the city. Mr. Jacquet reiterated that the City consider putting together a task force to give the Commission recommendations on what to do and supports this. Mayor McDuffie thanked City staff and the Sports Commission did a great job. He stated the City has been beaten up about the stadium for years and beaten up about tennis tournaments, etc. if you look at the economic impact it brings to the City of Delray Beach it is monstrous. Mayor McDuffie stated this past February he was in Japan (7,500 miles away) with Mike Malone and they walked into a marine research center and they were introduced as the City of Delray Beach and the gentleman in charge of the research center said "ATP Tennis Tournament ". Mayor McDuffie stated the City of Delray Beach gets on international television. Mayor McDuffie stated he has been on the Commission since the city has turned down an opportunity to bid on the Davis Cup because economic times were so bad and feels it is a wonderful time now to get us poised to take that stadium over the top. He stated there are other plans out there today from at least two or three different places that he knows of that the City may be able to talk about in the future. Mayor McDuffie. stated he supports this wholeheartedly. Mr. Frankel moved to approve the United States Tennis Association (USTA) Davis Cup Finals Bid, 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. 9.C. GRANT APPLICATION/TOURIST DEVELOPMENT COUNCIL: DAVIS CUP: Approve and authorize staff to submit a grant application in the amount of $1.50,000.00 to the Palm Beach County Tourist Development Council (TDC) to support costs for the Davis Cup finals. Doug Smith, Acting City Manager, stated as a follow -up to the previous item this would be an associated grant application in the amount of $150,000.00 to the Palm Beach County Tourist Development Council (TDC) in support of the Davis Cup finals. Mr. Smith stated the date of the finals would be November 2012 if it is held in the United States. He stated it is based on an estimate of 3,000 room nights and there would have to be a verification of those nights after the event and then it would be reimbursable grant. Mr. Smith stated there is a summary of the cash budget and showing the net cost 7 07/05/12 being a little less than the $100,000.00 in the $50,000 - $$60,000 range. The application itself does not include estimated revenue sharing funds that we hope to get from USTA based on ticket sales because the City cannot guarantee that until that is later approved by them. Mr. Smith stated staff has this application before the Commission for approval and authorization to submit it to the TDC. Mr. Carney stated if this comes to the United States and if it is here in November here in South Florida ticket sales will not be an issue. Mr. Frankel stated he has a meeting next week with the TDC where he believes this would be discussed and with the permission of the Commission, he will pass along the entire Commissions enthusiasm and support. Mayor McDuffie echoed comments expressed by the rest of the Commission. Mr. Frankel moved to approve the Grant Application in the amount of $150,000.00 to the Palm Beach County Tourist Development Council (TDC), 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.D. AGREEMENT/PALM BEACH COUNTY EDUCATION COMMISSION. INC.: Consider approval of an agreement between the City and the Palm Beach County Education Commission, Inc., for the funding of broadband service (purchase of the radios and related equipment) in the NW /SW neighborhoods. The City Attorney stated this is an agreement between the City of Delray Beach and the Palm Beach County Education Commission and we are going to be transferring approximately $130,000.00 to the Education Commission so they can purchase the radio antenna for the Digital Divide Project. He stated at the last regular meeting the Commission approved an Interlocal Agreement between the City of Delray Beach and the CRA where the CRA was going to fund this money. Mayor McDuffie stated this is to light up the area from Lake Ida to 10ffi and from Swinton Avenue to Congress Avenue giving free wireless to every home where there is a free or reduced lunch student residing. He stated there are several non - profit organizations that are working with the City to support this. Mayor McDuffie stated the TED Center will be doing training; Atlantic High School, Spady, and the Village Academy will be refurbishing PC's as well as the School District. The City has volunteered to do the transportation of the devices back and forth and store them in the city. Mayor McDuffie stated he is working on the Help Desk and that will either be Palm Beach State College or Florida Atlantic University. He stated this is essentially the money to buy 100% of the wireless transceivers that are mounted on the FPL poles throughout that area. Mayor McDuffie stated this equipment will be ordered tomorrow and this project should be underway this summer. 8 07/05/12 Mrs. Gray thanked Mayor McDuffie for doing a wonderful job with helping to raise the money and to talk to everyone in Palm Beach County about this project. In addition, Mrs. Gray thanked the Education Board as well. Mr. Frankel echoed comments expressed by Commissioner Gray. Mr. Jacquet moved to approve the Agreement between the City of Delray Beach and the Palm Beach County Education Commission, Inc., 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. 9.E. REVISION TO PROCEDURES FOR QUASI - JUDICIAL HEARINGS: Approve revisions to the Procedures for Judicial Hearings Paragraph 4.A., "Swearing in of Witnesses ", to allow the Board's Chairperson, Vice Chair or Second Vice Chair to swear in individuals for quasi-judicial items. The City Attorney stated this has happened occasionally and it just recently happened where on some of the City board's the Board Clerk who normally is a person that swears everyone in for the Quasi - Judicial procedures might be absent, staff has had to scramble to have another Board Clerk there. The City Attorney stated what staff is attempting to do here is to allow the Board Chair, Vice Chair, or the Second Vice Chair to swear in the witnesses so in that case if the Board Clerk is not present or comes in early and then leaves there will be someone there who can swear the witnesses in for a Quasi - Judicial Hearing. Mr. Jacquet asked if this change would confer the authority necessary on the Chair to swear people in. The City Attorney stated we already have that in some of the rules on some of the boards but not all of the boards. Mr. Jacquet moved to approve revisions to the Procedures for Judicial Hearings Paragraph 4.A., "Swearing in of Witnesses ", 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.F. APPOINTMEENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority (DDA) to serve a three (3) year term ending July 1, 2015. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat ##3). Mr. Frankel moved to reappoint David Cook as a regular member to the Downtown Development Authority (DDA) to serve a three year term ending July 1, 2015, 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 07/05/12 9.G. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular member to the Civil Service Board to serve a two (2) year term ending July 1, 2014. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel moved to appoint Keith Sonderling as a regular member to the Civil Service Board to serve a two (2) year term ending July 1, 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. 9.H. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint two (2) regular members from Zone 4 and an At Large Representative to serve three (3) year terms ending July 31, 2015 to the Neighborhood Advisory Council. Based on the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). Mr. Jacquet moved to appoint Pearl Markfield Elrod as a regular member (At Large Representative) to the Neighborhood Advisory Council (NAC) to serve a three (3) year term ending July 31, 2015, 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. Mr. Frankel moved to appoint Kristen Albanese (Zone 4) as a regular member to the Neighborhood Advisory Council (NAC) to serve a three (3) year term ending July 31, 2015, seconded by Mr. Frankel. 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_I. APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint (4) regular members to serve two (2) year terms ending July 31, 2014 and one (1) alternate member to serve an unexpired term ending July 31, 2013 to the Green Implementation Advancement Board. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1). Mr. Jacquet moved to reappoint Michael Marcus as a regular member to the Green Implementation Advancement Board to serve a two (2) year term ending July 31, 2014, seconded by Mr. Frankel. 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. Mr. Frankel moved to reappoint Jeffrey Conley as a regular member to the Green Implementation Advancement Board to serve a two (2) ending July 31, 2014, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Frankel 10 07/05/12 — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to reappoint Pamela Grossman as a regular member to the Green Implementation Advancement Board to serve a two (2) year term ending July 31, 2013, 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. Mayor McDuffie stated he would like to appoint Isabelle Alarie as a regular member to the Green Implementation Advancement Board to serve a two (2) year term ending July 31, 2013. Mr. Frankel so moved, 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. Mr. Carney stated he would like to defer his appointment to the next regular meeting of July 17, 2012. 9.J. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint three (3) regular members to serve two (2) year terms ending July 31, 2014 to the Financial Review Board. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1) and Commissioner Jacquet (Seat #2). Mayor McDuffie stated he would like to defer his appointment to the next regular meeting of July 17, 2012. Mr. Carney moved to reappoint Brian Anderson as a regular member to the Financial Review Board (FRB) to serve a two (2) year term ending July 31, 2014, seconded by Mr. Frankel. 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. Jacquet stated he would like to defer his appointment to the nest regular meeting of July 17, 2012. At this point, the time being 6:45 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 19 -12: Consider a Future Land Use Map amendment from MD (Medium Density Residential 5 -12 du/ac) to CC (Commercial Core) and rezoning from RM (Medium Density Residential) to CBD (Central Business District) for a vacant parcel located on the east side of S.W. 1 e Avenue approximately 3 91 feet south 11 07/05/12 of West Atlantic Avenue at 35 S.W. 10th Avenue. If passed, a public hearing will be held on July 17, 2012. office.) The caption of Ordinance No. 19 -12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL -SCALE FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5 -12 DU /AC) TO CC (COMMERCIAL CORE), PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT", FLORIDA STATUTES SECTION 163.3187, FOR LAND LOCATED ON THE EAST SIDE OF SW 10TH AVENUE, 391 FEET SOUTH OF WEST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CBD (CENTRAL BUSINESS) DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 19 -12 on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning Department, stated this is a Future land Use Map change from Medium Density Residential (MD) to Commercial Core (CC) rezoning from RM (Multiple Family Residential) to CBD (Central Business District) for a 0.157 acre property located approximately 391 feet South of West Atlantic Avenue on the east side of S.W. 10th Avenue (35 S.W. 10" Avenue). Mr. DorIing stated it is owned by the CRA and all lots north of it up to West Atlantic Avenue and this site is part of the site that is being proposed for redevelopment to a hotel. He stated this is the first part of that action. The hotel is proposed along Atlantic Avenue and this would be support parking for that hotel. At its meeting of June 18, 2012, the Planning and Zoning Board held a public hearing and there were no concerns from the public and no one spoke and the item was recommended approval unanimously with a 4 to 0 vote. Staff recommends approval. Mrs. Gray asked if there is a reason why we would not go ahead and do the rest of the CBD block. Mr. Dorling stated this is a privately - initiated amendment for the future owner and developer of that hotel and it is limited to that lot at this time. 12 07/05/12 Mr. Carney moved to approve Ordinance No. 19 -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 McDuff e — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 21 -12: Privately - initiated amendment to the Land Development Regulations to create Section 4.5.19, "Lintco Development Overlay District" and amend Section 4.4.9 "General Commercial (GC) District ", Subsection (G), "Supplemental District Regulations" to limit the Floor Area Ratio (FAR) within the Lintco Development Overlay District, located at the northwest corner of Linton Boulevard and S.W. 4th Avenue. If passed, a public hearing will be held on August 7, 2012. office.) The caption of Ordinance No. 21 -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 ENACTING A NEW SECTION 4.5.19, " LINTCO DEVELOPMENT OVERLAY DISTRICT ", TO CREATE A NEW OVERLAY DISTRICT; AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS ", TO RESTRICT THE NONRESIDENTIAL DEVELOPMENT INTENSITY WITHIN THE LINTCO DEVELOPMENT OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21 -12 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mr. Dorling stated this amendment will restrict the non - residential development intensity of the property within this area to a Floor Area Ratio (FAR) of 0.36 and then it will create by definition the Overlay District for which the FAR will apply. He stated this is a follow -up to the Comprehensive Plan 2010 -1 adopted by Commission on December 14, 2010. Mr. Dorling stated there was a FLUM amendment change at that time from medium density to general commercial and a text amendment in the general commercial category that limited non - residential development intensity to the same FAR 0.36. Mr. Dorling stated that intensity was set to insure that traffic concurrency could be achieved on the property at its maximum development potential. 13 07/05/12 At its meeting of June 18, 2012, the Planning and Zoning Board recommended approval unanimously with a 4 to 0 vote. Mr. Frankel moved to approve Ordinance No. 21 -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 — Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 22 -12: Privately - initiated amendment to the Land Development Regulations to create Section 4.5.20, "Waterford Overlay District" and amend Section 4.4.25 "Special Activities District (SAD) ", Subsection (E) "Supplemental District Regulations" to limit the Floor Area Ratio (FAR) and residential density within the Waterford Overlay District, located south of Linton Boulevard, east of I -95. If passed, a public hearing will be held on August 7, 2012. office.) The caption of Ordinance No. 22 -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 ENACTING A NEW SECTION 4.5.20, "WATERFORD OVERLAY DISTRICT ", TO CREATE A NEW OVERLAY DISTRICT; AMENDING SECTION 4.4.25, "SPECIAL ACTIVITIES DISTRICT (SAD) ", SUBSECTION (E), "SUPPLEMENTAL DISTRICT REGULATIONS ", TO RESTRICT THE NONRESIDENTIAL DEVELOPMENT INTENSITY AND RESIDENTIAL DENSITY WITHIN THE WATERFORD OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22 -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 privately- initiated amendment by the same applicant as the previous application and this will restrict a non - residential development intensity for this property to 1.32 FAR (Floor Area Ratio) and then it will also reference a maximum residential density of 12 units per acre. Mr. Dorling stated this was also part of amendment 2010 -1 adopted by the City Commission on December 14, 2012 at which time a Future Land Use Amendment and associated text amendment for the property was initially considered. He stated the zoning was withdrawn and the land use amendment went forward and there was a portion in the 14 07/05/12 text amendment which referenced a maximum FAR of 1.32 to meet traffic concurrency at its maximum development potential . At its meeting of June 18, 2012, the Planning and Zoning Board considered this amendment and unanimously recommended approval with a 4 to 0 vote. Mr. Frankel moved to approve Ordinance No. 22 -12 on FIRST Reading, 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. 12.D. ORDINANCE NO. 23 -12: City - initiated amendments to the Land Development Regulations Section 2.4.3(K)(1) "Development Applications'; Section 2.4.3(K)(3) "Permit Fees" and Section 6.3.3 "Sidewalk Cafe' Subsection 6.3.3(A) "Permit and Fees" to provide for an increase in certain development application and permit fees and increasing the pen-nit fee assessed per square foot of approved sidewalk cafe space. If passed, a public hearing will be held on August 7, 2012. office.) The caption of Ordinance No. 23 -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 2.4.3, "SUBMISSION REQUIREMENTS ", SUBSECTION (K), "FEES ", PARAGRAPH (1), "DEVELOPMENT APPLICATIONS" AND PARAGRAPH (3), "PERMIT FEES "; AND SECTION 6.3.3, "SIDEWALK CAFE ", SUBSECTION (A), "PERMIT AND FEES" TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT APPLICATION AND PERMIT FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23 -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 city - initiated amendment to the LDRs Section 2.4.3(K)(1) &(3) which outlines the current fee schedules for "Development Applications" and "Permit Fees" as well as Section 6.3.3.(A) "Permit and Fees" for Sidewalk Cafes. Mr. Dorling stated previously the Commission directed staff to periodically look at fees and to assess them as it relates to other communities and 15 07/05/12 municipalities, and that we do that on a semi - annual basis. Mr. Dorling stated the Planning and Zoning fees were raised last year. He stated in this amendment staff is adding two additional fees; one relates to the Beach Overlay Review Fee and is handled by an outside agency (Urban Design) and they indicated that they would be charging $50.00 more and staff has added that to the fee. Mr. Dorling stated the building fees were looked at and they have not been raised for a couple of years and the Building Department went out and looked at adjacent municipalities including Boca, Boynton, Palm Beach Gardens, Deerfield, Pompano, West Palm, and Palm Beach. He stated this will bring the City's fees in line with about the mid -range of these municipalities. Mr. Dorling stated the Sidewalk Application Fee is being proposed to be raised from $4.50 per square foot to $4.75 per square foot raising a small amount of revenue. At its meeting of June 18, 2012, the Planning and Zoning Board recommended approval unanimously with a 4 to 0 vote. Mr. Dorling stated no one spoke at that meeting and staff recommends approval of these changes. Mr. Frankel moved to approve Ordinance No. 23 -12 on FIRST 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. At this point, the time being 6:57 p.m., the Commission took a short break and reconvened at 7:00 p.m. 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 regarding the fiscal year 2013 proposed budget. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane 42110, Delray Beach,FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated during the week he spoke to approximately 300 Delray Beach residents and informed them that he was going to present to the Commission something that he believes they will want to hear. Dr. Kirson stated the number one response was "Where you moving to Doc ?" Dr. Kirson stated they all thought it's time since property values did not decrease. Mayor McDuffie stated property values were up at preliminary .015% and they are now 2.2% down. 16 07/05/12 Dr. Kirson requested less than $1 million to go towards a 5% pay increase for every employee for the City of Delray Beach including the Mayor to the part-time employees. He stated there should be about $19 million in the reserves and suggested taking $1 million out of there to fund this. Dr. Kirson stated the City has 12 Enterprise Funds and 12 Trust Funds that total almost $12 million and with Commission vote some of this money that has been sitting there year after year can be removed and used for this item. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated he has spoken previously and talked about the importance of looking at spending as non- essential services and essential services and has sent emails to the Commission about this and about parking meters on the beach. Mr. Warner stated the only response he has received is from Commissioner Frankel. Mr. Warner stated he would like to know how the Commission feels about this issue. He stated Mayor McDuffie attempted to answer his concerns when he stated the Commission has been working very hard on priority based budgeting. Mr. Warner distributed copies of the document regarding priority based budgeting to the Commission. Mr. Warner stated he was informed by the City's Finance Director that every one of these items was ranked in one of four quartiles; quartile one had the highest congruity with Commission goals; quartile four has the lowest correlation with Commission goals. He briefly discussed the priority based budgeting list. Mr. Warner asked the Commission why they believe that this spending on special events, tennis lessons and the teen center is more important than what the Police Chief and the Fire Chief have asked for. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, thanked the Commission for a safe 4 of July. Ms. Morrison stated there is no proposed budget on the website to comment on. She stated the police have cut almost $1 million out of their budget, fire and EMS have cut out $1.6 million over the last 26 months out of their budget; parks are up to 18% of the City's budget and that keeps growing while the essential services costs are being cut. Ms. Morrison stated the Police and Fire budgets now exceed the ad valorem tax rate ($52 million a year) and the ad valorem taxes are about $46 -$47 million range. There being no one else from the public who Mshed to speak on the proposed budget, the public hearing was closed. 10.B. ORDINANCE NO. 16 -12: Consider an amendment to Chapter -33 "Police and Fire - Rescue Departments ", subtitle "Pensions ", Section 33.60, "Definitions ", Section 33.61, "Membership Conditions of Eligibility; Application "; Section 33.62, "Benefit Amounts and Eligibility "; Section 33.63, "Optional Forms of Benefits "; Section 33.64, "Contributions "; Section 33.65, "Administration"; Section 33.66, "Finances and Fund Management "; Section 33.689, "Retirement Benefit Enhancement "; Section 33.70, "Direct Transfers of Eligible Rollover Distributions "; and creating Section 33.73, "Termination of the System ", to implement and comply with Chapter 2009 -97, Laws of Florida; Chapter 2011 -216; and the Internal Revenue Code; and to comply with a court decision. 17 07/05/12 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 this ordinance was tabled at the last Commission meeting and there were two items that were brought up by the Chair of the Police and Fire Pension Board where they had proposed the ordinance and staff made some modifications to it. The City Attorney stated the Board had questions on two changes; one of the changes as far as the definition of earnings the City believes it is important to have a term in there whether it be "fiscal" or "calendar" so that way there is a way to apportion what do you mean by year and when does the year start. Therefore, the City Attorney suggested that this language be left alone. The other item is under Section 33.65 where Mr. Liguori brought up an item where he mentioned that he spoken to Trish Shoemaker from the Division of Retirement and in her opinion what the City was proposing in the ordinance was not something that she concurred with. The City Attorney stated he received an opinion from Jim Linn saying that we are in compliance with State Statute as far as putting the language that we have proposed in 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. 18 07/05/12 Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 16 -12, the public hearing was closed. Mr. Frankel stated he concurs with the City Attorney that there should be a definite date and another thing that was discussed at the last meeting was the length of the term what was being proposed was 2 to 4 years and it did not seem like the Commission was comfortable with the four year terms for valid reasons. Mr. Frankel suggested that the term be for 3 years. He stated the Downtown Development Authority (DDA) is three years, the Neighborhood Advisory Council (NAC) is three years, and the Community Redevelopment Agency (CRA) is four years. Also, Mr. Frankel stated when he was just reappointed by Commissioner Carney there was only one other applicant. Mrs. Gray asked if they go for a longer period of time and a Commissioner does not get re- elected, would that time expire. The City Attorney stated if you are holding a spot because you are a Commissioner he thinks you would lose that but he would have to look into this to see if that is the case. Mr. Carney stated he supports the 2 year term because we need to keep close eye on how the pension boards operate. He stated what this board handles is such a big part of the City's budget in terms of how it could impact it that he prefers the 2 years. Mr. Carney stated he also believes that we need some ascertainable standard whether it is calendar year or fiscal year because that is defined term and he does not like ambiguity either. Mr. Jacquet stated his comments remain the same as the last time the Commission discussed this. He stated with such an important task that we need to make sure that we have the best people available for that position. Mr. Jacquet stated this allows the Commission to re -gage and take a look at who we have and how it is working. Therefore, Mr. Jacquet stated he supports keeping the term for 2 years. Mayor McDuffie stated it makes sense to leave it as is and supports the 2 year term. Mrs. Gray moved to adopt Ordinance No. 16 -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. 10.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. The caption of Ordinance No. 20 -12 is as follows: 19 07/05/12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "LOCAL BUSINESS TAXES GENERALLY", OF THE CODE OF ORDINANCES BY AMENDING SECTION 110.15, "LOCAL BUSINESS TAX SCHEDULE ", TO ELIMINATE OUTDATED BUSINESS CLASSIFICATIONS AND TO PROVIDE FOR AN INCREASE IN THE LOCAL BUSINESS TAX SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (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. Lula Butler, Director of Community Improvement, stated this ordinance was before the Commission for first reading on June 5, 2012 and at that time the Commission passed Ordinance No. 20 -12 and staff is back today for a public hearing. Staff recommends approval of Ordinance No. 20 -12 as presented. Mrs. Butler stated between October 1, 2011 and July 5, 2012 the City received 997 new business tax receipt applications; 219 of those are home occupational licenses; total business tax receipts are a little over 4,300 plus another 2,200 for contractors that are located outside of Delray Beach that must be registered each year. Mrs. Butler stated the City does not charge a fee to those who live outside of Delray Beach. Mayor McDuffie declared the public hearing open. Mike Malone, President of the Chamber of Commerce, 64 S.E. Stn Avenue, Delray Beach, FL 33483, stated he presented the Commission with a letter from the Chamber and they acknowledge that this is not a large tax but they suggest that as the Commission looks at their budget in the upcoming year and instead of passing a series of taxes or fees over a certain period to look at it as one general package. Mr. Malone stated if the City knows what the expenses are going to be for the upcoming year the City could look at possible income sources to offset those expenses. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483 (Chairman of the Financial Review Board), read a brief report into the record regarding the Financial Review Board (FRB). Ms. Morrison stated it was noted on a City Commission meeting agenda that an increase in the business tax schedule was being presented and this took the FRB by surprise because it was not brought to the board beforehand. She stated it was not discussed with the Chamber of Commerce or any of 20 07/05/12 the boards that go between the Chamber, the business leaders and the City. Ms. Morrison stated the FRB does not oppose the small increase and since the fee has not been raised since 2008 and the rate schedule is in line with similar fees for Palm Beach County municipalities the FRB objects only to the process by which this increase is being sought because since the fee schedules for all departments are being reviewed currently it would seem logical to view any proposed changes at the same time; the City has several boards and committees currently in place with which the fee increases could possibly affect commerce, business, and other important aspects of the city economy. Ms. Morrison stated the FRB recommends a more collaborative and holistic approach to fee increases before any fee increases are approved. in addition, Ms. Morrison stated Ordinance No. 20 -12 does not state anywhere that should the business tax payer violate any of the ordinances governing their business within the city that the city maintains and has the right to revoke that license. Immediately render it invalid with no refund in fees or taxes. She stated language should be added to this ordinance even though such violations may be addressed elsewhere in city ordinances. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2114, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated he does not understand why the City is bothering the businesses for $38,000. Dr. Kirson stated the City paid $1.2 million for six pillars on Atlantic Avenue coming off 1 -95 he feels the Commission is throwing away money all over the place. There being no one from the public who wished to address the Commission regarding Ordinance No. 20 -12, the public hearing was closed. Mr. Frankel stated he supports the increase because it is minimal and it has not been increased in four years and recently the City required all our special events to pay 100 %. He stated approximately 100,000 people attended the 4`h of July fireworks and everything associated with the event is not free and the City does these events weekly to bring people to our city. Mr. Frankel stated to ask the business community to minimally contribution with this 5% increase is fine. Also, Mr. Frankel stated he acknowledges the Chamber's letter as well as the Chair of the FRB. Mr. Frankel stated there has been public input opportunities, the contribution level is minimal and reiterated that the fee has not been raised in four years. Mrs. Gray echoed comments expressed by Commissioner Frankel and stated she supports the increase. She stated the City is using grant dollars for the public art that Dr. Kirson is referring too. Mrs. Gray stated she is business owner and realizes that we have to be creative with bringing in more revenue besides the property taxes. Mr. Carney stated when the City is talking about raising fees he feels they should be looked at in conjunction with all the other fees that may be looked at in a year. He stated the Chamber made a good point in their letter that we have to look at things comprehensively. Mr. Carney stated on the other hand he looked at what some of the other cities are paying and our rates are not outrageous even with the 5% and these have 21 07/05/12 not been raised since 2008. He stated the cost in doing some of these have exceeded 5% in the last four years and supports the increase. Mr. Jacquet echoed comments expressed by Commissioner Carney and supports the comments that Mr. Malone of the Chamber not to piecemeal this and making sure that it is comprehensive if we are going to raise fees. Mr. Jacquet stated he understands that there has been no increase for four years and it is only 5% and for the business owners it is not going to be that hard of a hit. He stated he understands the good that this brings but expressed concern over the way that we do business and does not want to set the wrong example that every time we have financial issues we can just raise the fees one place. Mr. Jacquet stated there are a lot of events downtown and cleanup and all those things cost money. He stated the business community needs to contribute to that. Mr. Jacquet stated the increase is long overdue and feels we are going about it the wrong way. Mayor McDuffie stated one of the things that the City has been doing for the last several years is to take a look at our fee structure across the board. He stated the City has been looking at every fee in this city in this. Mayor McDuffie stated the City has tried to reach out and touch the people the least way possible. Mayor McDuffie feels the City has been very fair in the ad valorem tax rates and in the fee structures. He stated he supports the increase. Mr. Frankel moved to approve Ordinance No. 20 -12 on Second and FINAL Reading, seconded by Jacquet. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — No; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with 4 to 1 vote, Commissioner Jacquet dissenting. 14.D. RESOLUTION NO. 27 -12 1CONTRACT FOR SALE AND PURCHASE /212 N.W. 141" AVENUE: Consider approval of Resolution No. 27 -12, a contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program property located at 212 N.W. 14th Avenue to Jesus Aguierre -Rueda and Maria Gomez for the purchase price of $53,600.00 or appraised value. The caption of Resolution No. 27 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 27 -12 is on file in the City Clerk's 22 07/05/12 office.) Lula Butler, Director of Community Improvement, stated this is a request to sell a neighborhood stabilization property located at 212 N.W. 10 Avenue to a Jesus Aguirre -Rueda and Maria Gomez for $53,600.00 or the appraised value. Mrs. Butler stated for the last two years the City has been buying, acquiring, rehabilitating, and selling homes under the Neighborhood Stabilization Grant ($1.9 million) that the City received two years ago. Mrs. Butler stated this grant has been matched by another $400,000.00 from the CRA. She stated the City has purchased approximately 15 units and this house is the 8b one to be sold. Mr. Jacquet asked if this is being sold to Delray Beach residents. Mrs. Butler stated this is being sold to Delray Beach residents. Mrs. Butler asked if being a Delray Beach resident is part of the criteria. Mrs. Butler stated this is not a criteria. Mayor McDuffie declared the public hearing open. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, thanked Mrs. Butler for putting another house on the tax base roll expanding our tax base. There being no one else from the public who wished -to address the Commission regarding Resolution No. 27 -12, the public hearing was closed. Mr. Carney moved to approve Resolution No. 27 -12, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:42 p.m., the Commission moved to Item 11, Comments and Inquiries on Non- Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. Doug Smith, Acting City Manager, stated at the meeting of June 19, 2012, a concern was raised from the Orange Leaf Yogurt Cafe regarding their request to add a customer counter with 4 bar stools and they had a concern about the requirement for contributing dollars towards additional parking spaces. Mr. Smith stated the Planning and Zoning Department researched this item and noted that the Yogurt Cafe is part of a broad use category that includes delis, ice cream store, etc. and they are allowed to have outside seating as part of a sidewalk cafe without having to provide additional parking spaces. He stated they are also classified as a retail establishment which has a lower parking requirement than restaurants. Mr. Smith stated in LDR Section 4.6.9 it lays out 23 07/05/12 the requirements that for these types of establishments if it is not classified as a restaurant but qualifies for a sidewalk cafe and has no inside seating then they get the lower parking requirement attached to that. Mr. Smith stated in this case they are asking for a small number of seats but if it were introduced there would be the potential for enforcement issues as well with Code Enforcement in addition to conflicting with the LDRs. He stated if the City were to change that it could also create some concerns from restaurants that would look at their situation from the other side seeing somebody that is getting an additional benefit. 11.11. From the Public. 11.11.1. Rosetta Rolle, 301 N.W. 3 "d Avenue, Delray Beach, FL 33444, asked how many open space areas we have in Delray Beach, bow large they are, and how many people will they accommodate. She stated at previous meetings she has asked for large open spaces /public squares where people can sit and have lunch or read a book. Mrs. Rolle stated there is nothing that faces Atlantic Avenue as far as the library is concerned and noted that everything is behind the building. She stated there is nothing at the Courthouse and it fronts Atlantic Avenue but does not look like a serious place. She stated she is going to make a note of how many places that she would like to see upgraded. ].1.B.2. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated on June 5, 2012 he spoke about the tremendous waste of our tax dollars continuing to fight the Caron Foundation lawsuit and he received no response. Dr. Kirson stated the Caron Foundation is putting up $4 million and the City does not have any money to put towards it. He stated the judge said "you lose" but we are appealing the decision. Dr. Kirson commented about campaign contributions and stated if the Caron Foundation would come up with a huge campaign contribution the City could settle this and be done with it. 11.11.3. Michael Malone President of the Delray Beach Chamber of Commerce, expressed gratitude and commended City staff for the excellent job on the 0 of July event. At this point, the time 7:50 p.m., the Commission moved to Item 13, Comments and Inquiries on Non - Agenda Items. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. B.A. City Manager Doug Smith, Acting City Manager, stated he is continuing to work through the budget review process and when the City Manager is back in town next week he will be working with him to get the budget document ready to pass along to the Commission soon which will also be available on the website. 24 07/05/12 13.B. City Attorney The City Attorney had no comments or inquiries on non- agenda items. 13.C. City Commission 13.C.1. Mr. Jacquet Mr. Jacquet acknowledged former Commissioner Weatherspoon for being in attendance this evening. 13.C.2. Mr. Carney For the record, Mr. Carney stated he never comments on pending litigation. Secondly, Mr. Carney stated although Delray Beach did not win the All - America City Award, he was at a 4th of July event yesterday and someone in the crowd was talking about the major achievements that Delray Beach has seen this year. He stated one of the people mentioned the Arts Garage and the second thing they said was the reading program that they instituted in Delray for the kids. Mr. Carney stated although we may not have won it had a very positive impact on many people who knew exactly what we were trying to achieve. 13.C.3. Mrs. Gray Mrs. Gray asked if she could get an update on the Full Service Center. She stated about 1 % years ago they had a workshop with the principal at Village Academy, some people from around the community, and the Commission. Mrs. Gray stated the School Board is looking at possibly demolishing it for future plans for a field and track for the Village Academy. Secondly, Mrs. Gray stated July 20 -22, 2012 the Roots Cultural Festival is having their Youth Basketball Tournament and are bringing in teams from Baton Rouge, Louisiana, Gainesville and Miami. Lastly, with regard to the CDBG area that the Commission voted on tonight a few weeks ago the Community Redevelopment Agency did an RFP and they cannot seem to find someone to redevelop these parcels of land. Mrs. Gray stated she would like to see if it is possible to expand the CDBG area so that we can get some viable contracts or bids on this piece of property. She stated she suggested to the Planning Director about making the southeast area of Atlantic Avenue consistent as well for future growth (the entire first block on West Atlantic Avenue and the third block on the southeast). 25 07/05/12 13.C.4. Mr. Frankel Mr. Frankel recognized Stephanie immelman and the Delray Beach Marketing Cooperative for the work they did with the Travel Channel, Rand McNally and USA Today for their "Best of the Road" competition. He stated Delray Beach is up for the "Most Fun Small Town" in the USA and the entire Commission came out to Old School Square for the concert and the Mayor had some great comments. Mr. Frankel stated they put on a two day event for this news media and the exposure comes in the newspaper as well as international TV is invaluable. Mr. Frankel extended kudos to Stephanie Immelman and all the partners to show what a great place we live in. Also, Mr. Frankel recognized Sarah Martin, Clean & Safe, the explorers, etc. for the two day fireworks and 4th of July celebration and noted it was a great event. Mr. Frankel stated his nephew had a great time yesterday. 13.C.51 Mayor McDuffie Mayor McDuffie stated he attended the All- America City conference and it was a disappointment not to win. However, Mayor McDuffie stated we learned some things that we probably should have known before we worked our plan but there is a particular federal program that we were not involved in and he feels that is where our lack of knowledge carne from. He stated there was a term called "alignment" and before they ever got to announce who the winners were, it was very difficult to understand how this fit in third grade reading. Mayor McDuffie stated it turned out to be a very important part of the judging. He stated the description of it is what we are looking to do in this third grade reading proficiency is to take out 501(3)(c)'s who are doing Pre -K. Mayor McDuffie stated what this reading proficiency is headed for is to align the curriculum with the K -12 curriculum in the public schools so that these kids have a seamless transfer out of the Pre -K programs into the K -12 programs and that is going to be a big part of what happens in the next All America City awards where they will award based on your performance against your plan. Mayor McDuffie stated everyone learned a great deal about how to be successful next time and learned about something that they were judging on that the City did not address at all and believes that the City will be much better poised for the next time around. He stated the sharing and networking there are invaluable and the day after the conference the US Conference of Mayors adopted this program. Mayor McDuffie stated other than the speakers there was not one other elected official in the crowd at the conference. He stated our people did a magnificent job and should be proud. Mayor McDuffie stated the City was constantly complimented throughout the entire conference regarding the presentation. Secondly, Mayor McDuffie stated he is thrilled that tomorrow morning the City will sign the check to start the Digital Divide Project. He commended Sarah Martin and Stephanie Immelman for the magnificent job with the Ott' of July celebration. Mayor McDuffie stated he learned something afterwards and that is it was not two days for the Rand McNally people but it was actually three and day three Stephanie entertained them all day in her home. 26 07/05/12 There being no fiirther business, Mayor McDuffie declared the meeting adjourned at 8:02 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 July 5, 2012, which Minutes were formally approved and adopted by the City Commission on July 17, 2012. NN City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 27 07/05/12 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR HARBOR PLAZA AT 1725 SOUTH FEDERAL HIGHWAY 1. This waiver request came before the City Commission on July 5, 2012. .. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request: for Harbor Plaza at 1725 South Federal Highway. All of the evidence is a part of the record in this case_ Required findings are made in accordance with Subsection 1. 1. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver. (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.9(D)(3)(c)(1) Pursuant to LDR Section 4.6.9(D)(3)(c)(1), for parking lots that have 51 or more spaces the minimum stacking distance between the right -of -way and the first parking space or aisleway must be 50 feet. The stacking distance requirement prevents traffic from backing up into public street system. The applicant is asking for a waiver to allow a stacking distance of 21.4 feet for the new driveway along Banyan Tree Lane. Harbor Plaza currently has six additional driveway access points. These multiple points of access will distribute the traffic throughout the property and reduce the stacking input on any one: driveway. Also, the new driveway along Banyan Tree Lane will likely be underutilized since: it will primarily be used by delivery vehicles going to the rear of the shopping center. July 5, 2012 City Commission Meeting; Item 9.A. Should the waiver to Section 4.6.9(D)(3)(c)(1) be granted? 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 evidefte to support its findings in the record submitted and adopts the facts contained in the record including but not limited. to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire. record before: it, the City Commission approves denies the waiver request, 6 Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of July 2012,, by a vote of 5 in vor an , posed:, ATTEST: Nelson S. McDuffie, Ma o Chevelle Nubin, City Clerk 2 July 5, 2012 City Commission Meeting; Item 9.A.