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09-04-12 Regular City Commission MinutesSEPTEMBER 4, 2012 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuff e in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, September 4, 2012. 1. Roll call showed: Present- Commissioner Thomas F. Carney, Jr. Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - Commissioner Alson Jacquet Commissioner Adam Frankel Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Diana Melendez with The Good Shepherd Church of Broward. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Carney stated the Commission had discussed that they would move as a matter of the rules included in the agenda that public comments would occur earlier in the agenda. Mr. Carney stated the Commission discussed that the Public Comments occur at a time certain at 6:30 p.m. and then the Public Hearings would start at 7:00 p.m. and any of the remaining public comments would roll over to the next time. The City Attorney stated since this is not an agenda item that the Commission bring that up under their Commission Comments ( #13) and then he will get consensus from the Commission and if it is the Commission's desire to move forward with that change he will make the change and bring it back on September 20th and he will get clarification at that time what the consensus of the Commission is as far as making that change. The City Attorney stated if there is that consensus, the Commission can give him direction at that time and then he will bring it back on September 20, 2012. Mr. Carney requested that Item B.K., Amendments to the Historic Preservation Board be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. and Item 8.M.1., Award of Bids and Contracts be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A.A. 09/04/12 Mrs. Gray requested that Item 9.11., Adoption of the South Federal Highway Redevelopment Plan. be postponed to the regular meeting of September 20, 2012. Also, Mrs. Gray stated Item 9.G., 2012 Beach Renourishment Project involves a lot of commitment from the City and requested that this be reviewed by the entire Commission. After brief discussion, Mayor MCDuffie requested that Item 9.G., 2012 Beach Renourishment Proiect and Item 9.G.1., Contract Award to Great Lakes Dredge and Dock Company, be moved to the Workshop meeting as a special item on September 11, 2012. Also, Mrs. Gray requested that Item 9.C., Valet Parking Queue Expansion/Prime Steakhouse be postponed to the regular meeting of September 20, 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 Regular Meeting of August 7, 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. 6. PROCLAMATIONS: A. None 7. PRESENTATIONS: 7.A. RESOLUTION NO. 40 -12: Approve Resolution No. 40 -12 recognizing and commending Patti L. Goodson for 30 years of dedicated service to the City of Delray Beach. office.) The caption of Resolution No. 40 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING PATTI L. GOODSON FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. {The official copy of Resolution No. 40 -12 is on file in the City Clerk's Mayor read and presented Resolution No. 40 -12 to Patti L. Goodson. 2 09/04/12 Mr. Carney moved to approve Resolution No. 40 -12, 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. Victor Majtenyi, Deputy Director of Public Utilities, came forward and gave a few brief comments. 7.B. RESOLUTION NO. 41 -12: Approve Resolution No. 41 -12 recognizing and commending John Bullard for 30 years of dedicated service to the City of Delray Beach. office.) The caption of Resolution No. 41 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING JOHN M. BULLARD FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 41 -12 is on file in the City Cleric's Mayor read and presented Resolution No. 41 -12 to John Bullard. Mr. Carney moved to approve Resolution No. 41 -12, 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. Victor Majtenyi, Deputy Director of Public Utilities, came forward and gave a few brief comments. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Meeting of August 16, 2012. 8.B. AMENDMENT NO. 5 /QUALITY TRANSPORT SERVICES, INC.: Approve Amendment No. 5 with Quality Transport Services, Inc. for the continued provision of shuttle service for the Downtown Roundabout. Funding of services is provided through various grants from the Community Redevelopment Agency (CRA) and Florida Department of Transportation (FDOT). 09/04/12 8.C. ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE SUPPORT: Approve a request for city support and assistance for the 7th Annual Project Holiday sponsored by the You Are Not Alone Organization, which provides packages to armed services personnel. S.D. GENERAL EMPLOYEES PENSION PLAN INVESTMENT POLICY GUIDELINES: Approve changes to the General Employees' Pension Plan Investment Policy Guidelines. 8.E. FY 2013 GOLF RATES/DELRAY BEACH MUNICIPAL GOLF COURSE: Approve the proposed maximum rates for the Delray Beach Municipal Golf Course. 8.F. FY 2013 TENNIS RATES/TENNIS FACILITIES: Approve the proposed maximum rates for the Tennis Facilities. 8.G. FY 2013 GOLF RATES/ LAKEVIEW GOLF COURSE: Approve the proposed maximum rates for the Lakeview Golf Course. 8.H. EXTENSION OF CONSULTING AGREEMENT /GALLAGHER BASSETT SERVICES (GBS): Approve an Extension of the Consulting Agreement with Gallagher Bassett Services, Inc. (GBS) in the amount of $120,400.00 for employee benefits management consulting services. Funding is available from 551- 1575 -591 -45.20 (Insurance Fund: Insurance /Claims Handling Costs). 8.1. RENEWAL OF INSURANCE POLICY/ FLORIDA MUNICIPAL INSURANCE TRUST (FMIT): Approve renewal of our insurance policy and payment of the premium to Florida Municipal Insurance Trust (FMIT) in the amount of $1,568,373.00 for liability insurance, property damage insurance and workers' compensation insurance. Funding is available from 551- 1575 -591 -45.11 (Insurance Fund: Insurance /General Liability Premium). 8.J. SPECIAL EVENT REQUEST /51sT ANNUAL DELRAY AFFAIR: Approve a special event request from the Chamber of Commerce to endorse the 51st Annual Delray Affair to be held on April 5 -7, 2013, to grant a temporary use permit per LDR Section 2.4.6(F) for use of City property and rights -of -way as requested including Atlantic Avenue from S.W. 2nd Avenue to Palm Square, as well as Worthing Park and Old School Square Park, to provide trash boxes and use of City generator, to provide staff support as outlined in the attached letter and permit, to allow all vendor permits to be assigned and approved by the Chamber of Commerce, to allow this to be the only event held on these dates in the City, to provide a waiver of parking time restrictions in the downtown area during the event, the event producer to pay 100% of all City costs and to provide staff support as requested; contingent upon the conditions of approval listed in the staff report. 4 09/04/12 S.K. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. S.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 20, 2012 through August 31, 2012. 8.M. AWARD OF BUDS AND CONTRACTS: 1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 2. Bid award to Complete Property Services of South Florida, Inc., in the amount of $39,970.00 for landscape maintenance at Homewood & Linton Boulevard and three (3) medians on Military Trail. Funding is available from 119 - 4144 -572 -46.40 (Beautification Trust Fund: Repair and Maintenance Services/Beautification Maintenance). Mr. Carney moved to approve the Consent Agenda as amended, 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.A. SPECIAL EVENT REQUEST/EXTREME VOLLEYBALL PROFESSIONALS (EVP) TOUR: Approve a special event request for the Extreme Volleyball Professionals (EVP) Tour, sponsored by EVP Tours and supported by the Downtown Marketing Cooperative, to be held on September 22 -23, 2012 from 7:00 a.m. to 7:00 p.m., with setup beginning September 21, 2012 at 5:00 p.m., to grant a waiver to the City Code of Ordinances, Section 101.32, Section 101.32, "Assemblies ", to allow assembly on the beach; and to authorize staff support at an estimated cost of $735.00; contingent upon receipt of a turtle permit fourteen (14) days prior to the event.. Per the current Special Event Policies and Procedures, the DBMC's will pay 35% of our costs, or an estimated $257.00. Robert A. Barcinski, Assistant City Manager, stated this is a request to approve the Special Event Request for the EVP Tour Volleyball Tournament to be held on the municipal beach September 22 -23, 2012 from 7:00 a.m. to 7:00 p.m. with setup beginning September 21, 2012 at 5:00 p.m. Mr. Barcinski stated this event is co- sponsored by the Downtown Marketing Cooperative (DBMC) as well as EVP Tour Sports Endeavors and supported by the Sports Commission. He stated there will be approximately 300 athletes participating in this two day event. Mr. Barcinski stated the beach setup is primarily tents for the VIP's, sign -in, check -in, as well as the ports. The estimated overtime costs for this event is $735.00. Per the Special Event Policies and Procedures, the DBMC's costs will be 35% of overtime costs for an estimated cost of $257.00. Staff recommends approval of the event proposed, staffing as requested and 5 09/04/12 waiver of City Code Section 101.32 to allow assembly on the beach of more than 25 people contingent on the receipt of an approved turtle permit 14 days prior to the event. Mr. Carney asked why is it that the City picks up this cost if the direct beneficiary is within the DDA District. Mr. Barcinski stated this is the DBMC's event not the DDA's. Mr. Carney stated this should be a DDA expense if we do things that benefit a particular taxing district and inquired as to why we use general fund revenues to pay for it rather than using the revenues from that taxing district. Mr. Barcinski stated this is a Commission policy decision. Mr. Carney moved to approve Item 9.A.A. including the waiver (formerly Item &K.), 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.A.A. AWARD OF BIDS AND CONTRACTS: Bid award to multiple vendors for disaster debris removal. Funding is available from 433 - 3711 - 534 -49 -90 (Sanitation Fund: Other Current Charges). Mr. Carney stated in the memorandum it states "that the first contractor to respond and arrive with equipment will initiate debris removal and disposal activities." Mr. Carney asked if one company sends one truck are they now the exclusive person for the debris removal or are these other companies that the Commission is approving also when they arrive they are equally entitled under this contract to remove debris. Richard Hasko, Director of Environmental Services, stated the City is awarding multiple contracts to ensure that we are going to get immediate, adequate, and capable response. Mr. Hasko stated if a storm is coming the City will put all of these contractors on notice and stay in direct communication with them. He stated the concern about having multiple of these contractors onsite vying for work at one time is of no concern. Mr. Hasko stated it is the first one that mobilizes with adequate personnel and equipment to manage the debris site and manage the collection. Mr. Hasko stated staff contacts them one at a time and asks them to respond. He stated the likelihood of all five (5) of them having the ability to respond at one time is not very high because if there is a storm of any significance that hits the southeast Florida coast that goes from Kissimmee and that area south virtually every level of government is going to be looking for out-of- state major contractors with these kind of resources to respond. Mr. Hasko stated a lot of contractors will have contracts with those municipalities and those counties. Mayor McDuffie confirmed that the first truck that crosses the city limits line gets the deal and the answer is that they are called in sequence and asked if they can respond and if they are the first one to answer "yes" they are the ones who are allowed to respond. Mrs. Gray inquired about the sequence that staff will be calling the contractors will it be in the manner of who won the bid first and how will staff determine who to call first. Mr. Hasko stated it would be according to the rankings. Mr. Hasko 6 09/04/12 stated there were 12 respondents and staff handled this as an RFP and the Review Committee reviewed all of the responses and ranked them. Mr. Hasko stated the primary goal is getting an immediate and adequate response. Mr. Carney moved to approve Item 9.A.A. (formerly Item $.M.1.), 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. 9.A. WAIVER REQUEST/WEST CORNER VENTURE, LLC: Consider approval of a waiver request for a waiver to Land Development Regulations (LDR) Section 4.6.16(H)(3)(d), "New Multiple Family, Commercial, and Industrial Development ", to allow a V landscape buffer where 5' is required for 10th and 10th Center, located at the southeast corner of S.W. 10th Street and S.W. 10th 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. Mrs. Gray, Mr. Carney, and Mayor McDuffie stated they had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department file #2012 -156 into the record. Mr. Dorling stated this is a waiver request for West Corner Venture, LLC and this is associated with the 10' and 10' Center. Mr. Dorling stated this is going to be a two phased project and the property line is designated by plat and there is a 20 foot landscape strip but because the property line is proposed right at the one foot line it requires the waiver. He stated the intent of the Code is met but because of the way the property owner has decided to divide the property it is not. At its meeting of August 24, 2012, the Site Plan Review and Appearance Board (SPRAB) considered this waiver request in conjunction with a Class V Site Plan approval and the Board recommended approval with a 5 to 0 vote. Matt Phillips, 221 N. Hogan Street, #331, Jacksonville, FL 32202 (applicant) stated he is present for any questions the Commission may have. 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. 7 09/04/12 Mr. Carney asked if this is establishing a precedent. Mr. Dorling stated this is not setting a precedent. Mr. Dorling stated the intent of the separation is met; when they drew the property lines they were unaware of the requirement for five foot or they would have accommodated that property line further to the north. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mrs. Gray moved to adopt the Board Order as presented, seconded by Mr. 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.B. THIS ITEM HAS BEEN POSTPONED TO THE REGULAR MEETING OF SEPTEMBER 20, 2012. 9.C. THIS ITEM HAS BEEN POSTPONED TO THE REGULAR MEETING OF SEPTEMBER 20, 2012. 9.D. REOUESUGREEN MARKET RELOCATION: Consider approval of a relocation of the Green Market to be held on October 13, 2012 through May 11, 2013 from 9:00 a.m. to 2:00 p.m. to grant a temporary use permit per (LDR) Section 2.4.6(F) and closure of S.E. 4th Avenue to Old School Square Park; and reduce the rental rate to $200.00 per day plus utilities costs. Robert A. Barcinski, Assistant City Manager, stated this is a request from Lori Nolan on behalf of the Green Market to relocate this upcoming season from S.E. 4t" Avenue to the Old School Square Park and to consider reduction of the park rental fees by half of what they would be. Mr. Barcinski stated the season begins October 13, 2012 and ends May 11, 2013. He stated there are certain dates with other events taking place that they would not have the park and in that case they would move to the north side of the grounds of Old School Square; those dates being November 10, 2012, February 9, 2013, March 9, 2013, and March 23, 2013 and they would not operate during the Delray Affair. Mr. Barcinski stated based on the need to use '/2 of the park, the half day non- profit rental rate would be $400 per day. The total rental income based on this rate would be $10,400 in revenue at the $200 requested rental rate the rental income would be $5,200. Staff recommends approval to relocate as well as reduction of rental fee. Mrs. Gray asked if there is a reason why they are being moved from their location now. Lori Nolan, representing the Green Market, stated the relocation would allow the Green Market to expand and they have always been confined to a small area of about 35 vendors. Ms. Nolan stated allowing them to move into the Old School Square Park would allow them to have 50 vendors which means their bottom line would increase and hopefully next year they will be able to pay full rental value for the park. She distributed a copy of her budget to the Commission. 8 09/04/12 Mr. Carney and Mayor MCDufFie stated they support the relocation of the Green Market. Mr. Carney moved to approve the Request for the Green Market Relocation, 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.E. SPECIAL EVENT REQUEST /14TH ANNUAL GARLIC FESTIVAL: Consider approval of a special event request for the 14'h Annual Garlic Festival to be held February 8 -10, 2013, and grant a temporary use permit per LDR Section 2.4.6(F) for use of City rights-of-way to include N.E. 1 st Avenue from Atlantic to the grass area at Old School Square, Swinton Avenue from Atlantic to N.E. 1 st Street and Old School Square Park and N.E. 2nd Avenue from the north side of the east/west alley north of Atlantic to a line at the south end of the Old School Square Garage, from 6:00 a.m., February 7 through 11:00 p.m., February 10, 2013 and use of the Old School Square Parking Garage, CRA parking lots in Block 60, City Hall north lot, City Attorney lot and the County Parking Garage, and authorize staff support for traffic control and security, EMS assistance, barricading, banner hanging, signage preparation and installation, use of a City generator, the event producer to pay 100% of all City costs, and waiver of the two (2) hour parking limit in the downtown area during the event, subject to the conditions listed in the staff report. Robert A. Barcinski, Assistant City Manager, stated this is a request to approve the 14th Annual Garlic Festival to be held February 8 -10, 2013, grant the temporary use permit for uses of rights -of.- -way, park, etc. which would begin setup on February 7, 2013 at 6:00 a.m. and be removed from the streets by 11:00 p.m. on February 10, 2013. Mr. Barcinski stated various parking requests as well as staff support requests, a generator and a waiver of the two (2) hour parking limit downtown. He stated in the proposed event site plan staff is recommending one change. Mr. Barcinski stated the proposed event site plan shows the fence line on N.E. 1St Avenue from Atlantic back to the park from the east side of the street to the west side parking spaces to comply with a request Mr. Himmelrich has made in the past to keep that street open to the alley as well as his parking lot entrance. Mr. Barcinski stated that since this was prepared at his request the DDA checked with some of the businesses in the area and the City received objection from three of the businesses to expanding into the street on N.E. 2nd Avenue from Tramonti's, Mizner Electric, and Solita's. He stated two of these businesses indicate it will be a detriment to their business by having another event extended into 2'd Avenue. Mr. Barcinski stated the estimated overtime cost for this event is approximately $17,920, administrative fee $896, signage costs $250, barricade rental $445, and park rental of $1,908 for a total estimate of $21,419. The event producer will be required to pay 100% of that cost. He stated they will utilize the CRA lot. All paid garage lots will be manned by the Police Explorer Scouts with proceeds split between the City and the Scouts on a percentage as may be agreed to. All other lots will be- manned by the City's parking contractor and we will be charging $5 per car to park. Staff recommends approval subject to staff conditions listed in the memorandum. 7 09/04/12 Mr. Carney stated he gathers that Tramonti's is upset because that is where their valet queue is. Mr. Barcinski stated in the past for some of the major events the City has been able to help relocate the queue so they can still operate. Mr. Carney asked what the alternative is if the City does not expand the event into the street on N.E. 2nd Avenue. Nancy Stewart- Franczak, Executive Director of Delray Beach Arts, Inc., 227 South Swinton Avenue, Delray Beach, FL 33444, stated there is no alternative because their site is limited in where they can ex�and. Ms. Stewart stated when they started the Garlic Festival 14 years ago they used 2n Avenue. She stated being able to move their Garlic Chef Stadium competition and their gate to 2nd Avenue will allow them to expand where their gourmet alley is. Ms. Stewart stated they are eliminating some things in the children's area so that they can have additional seating where the carousel by the Christmas tree is placed and on 1St Avenue where they were closed last year creates a bottleneck at the concession stand and the only way to come through the front grounds of Old School Square is through that little archway. Ms. Stewart stated they need to expand because the event was very crowded last year. She stated looking at their site plan and being able to adjust the flow of traffic and open up the areas that are the busiest is what they came up with. Mrs. Gray stated they can see how it works this year and if it does not work out then they can come up with another plan next year. Ms. Stewart stated the alley is open behind Tramonti's and they always work with them as far as not allowing anyone to park in their spaces. She stated she is not sure if the valet can still be on N.E. 2nd Avenue. Mr. Barcinski stated in the past they have operated out of the alley. Mayor McDuffie commented that in the past we have worked the valet out to the agreement of the restaurants. Mr. Carney asked if the street can be left open as long as possible because he is trying to mitigate the impact to them. Mr. Carney stated every business complains when the City closes East Atlantic Avenue or shuts down a road. Ms. Stewart stated they can still go through the alley towards Bru's Room and suggested that something be worked out with the traffic flow that way. Bern Ryan, Chief Financial Official, Delray Beach Arts, Inc., stated they had a similar issue with the Twilight Bicycle Race several months ago and there was a concern about the valet at Solito's. Mr. Ryan stated they were able to accommodate both them and Tramonti's and they were able to get in and out without any problems. He stated that was closing down the entire perimeter there and as long as the valets are aware of what is going on beforehand they have plenty of time to deal with any traffic issues. 10 09/04/12 Mayor McDuffie stated as he understands they are not closing down until they hit Old School Square Garage. Mr. Ryan stated they are closing the exact footprint of the park; the alleyway is still open and the entranceway into their valet parking is still open. Ms. Stewart- Franczak stated the south side of the parking garage is not open for valet or access because they use that for their tour buses so that part of the garage will be closed and should not be impacted. Mrs. Gray moved to approve the Special Event Request for the 14'h Annual Garlic Festival to be held February 8 -10, 2013 with staff conditions, 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.F. LETTERS OF INTENT /OLD SCHOOL SQUARE GARAGE RETAIL SPACE: Provide direction regarding the Letters of Intent received for purchase of the Old School Square garage retail space. Brian Shutt, City Attorney, stated staff received two Letters of Intent; one for $1.7 million from Marcus and Millichap and the other for $2 million from Kanner & Pintaluga. Mr. Shutt stated this is before the Commission because staff is looking to see if they want to give staff direction to sit down and talk with the proposed purchasers to try to work out a deal with one of them because in order to do that staff would have to draft up condominium does, get an appraisal, and ramp up the purchase and sale agreement. The City Attorney stated he also included some language where the balance on the line of credit that the City has with the Old School Square retail space is about $2,479,000. The City Attorney asked if the City Commission would like to proceed now or would they like to wait and see if staff can get closer to that number. The City Manager stated there are two issues to consider; previous Commissions have wanted retail in this space and asked if the Commission would like to consider an offer for office use; or, once the hotel gets up and operating and operating a while and with other things going on in Pineapple Grove, the value of this property is likely to increase. The City Attorney stated the CRA lease expires January 2015. Mrs. Gray stated there a few offers on the table that she would like to look at and negotiate. Mr. Carney stated he does not care if it is office or retail. He has not examined the offers in detail because he understands they are all going to be subject to negotiation. However, Mr. Carney stated he is more concerned with the price and if the Commission was to accept either of these offers without negotiation the City would end up having to write a check for $275,000 and $675,000 at a time when we do not need to sell the space in the garage. Mr. Carney stated he is not opposed to selling the space in the garage if the City can get the right price for it and that is a price that the City does not have to come out -of- pocket to affect that sale. Mr. Carney stated before amending the 11 09/04/12 condominium documents that the Commission have the opportunity to have them come back with a price that the Commission is attracted to and then move forward. Mr. Carney stated he understands both would have to take subject to the existing lease and the City would not be earmarking in the garage any particular parking and they would have to park in whatever facility they could find wherever they find it. Mr. Carney stated under that framework he does not have a problem sitting down to see if they can structure a deal that would meet those criteria. Mrs. Gray stated she too supports negating the price range and that if they come back before the Commission and they cover their expenses she is okay with that. Ingrid Kennemer, Coastal Commercial Group, 1045 East Atlantic Avenue, Delray Beach, FL 33483, stated if the Commission would like to get closer to what the outstanding financing is they should consider changing the price. Ms. Kennemer stated if they are going to entertain something that is closer to the outstanding financing then they do not want to keep bringing this to the Commission at a lower number. She stated this number was set by a previous appraisal and there was an appraisal that was after that which was lower but both of those were during the time that the lease was in place and that is how they set the last asking price. Mayor McDuffie stated he is fine with negotiating. Mr. Carney reiterated that he would like to keep this moving forward to see if the City can get a deal at a price that the City can live with and that the purchaser is willing to pay. It was the consensus of the Commission to do a new appraisal then the Commission will look at the asking price. 9.G. THIS ITEM HAS BEEN MOVED TO THE MEETING OF SEPTEMBER 11, 2012 AS A SPECIAL WORKSHOP ITEM. 9.G.1. THIS ITEM HAS BEEN MOVED TO THE MEETING OF SEPTEMBER 11, 2012 AS A SPECIAL WORKSHOP ITEM. At this point, the time being 7:04 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 44 -12 (TENTATIVE MILLAGE LEVY): A resolution tentatively levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2013. The caption of Resolution No. 44 -12 is as follows: 12 09/04/12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 44 -12 is on file in the City Clerk's office.) The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated the City of Delray Beach is the taxing authority and the proposed operating millage is 7.1992 which exceeds the rolled back millage rate of 7.1805 by 0.26 %. Mayor McDuffie stated he ran an analysis on a $100,000 property, a $300,000 property, a $500,000 property, and a $1 million property (taxable value). He stated the proposed over the rolled back on the $100,000 would cost the owner $1.87, on the $300,000 property it would cost the owner $5.61, on the $500,000 property it would cost $9.35, and on the $1 million property it would cost $18.70. The City Manager stated although the operating millage is proposed to increase by 0.62% the total millage will stay the same as in this year. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 44 -12, the public hearing was closed. Mrs. Gray moved to approve Resolution No. 44 -12, 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. 10.B. RESOLUTION NO. 45 -12 (TENTATIVE MILLAGE LEVY /DDA): A resolution tentatively levying a tax of one mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2013. The caption of Resolution No. 45 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY 13 09/04/12 A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 45 -12 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 45 -12, the public hearing was closed. Mrs. Gray moved to approve Resolution No. 45 -12, 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.C. RESOLUTION NO. 46 -12 (TENTATIVE BUDGET ADOPTION FOR FY 2013): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2012 through September 30, 2013. office.) The caption of Resolution No. 46 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM TIIE 1 st DAY OF OCTOBER, 2012, TO THE 30th DAY OF SEPTEMBER, 2013; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 46 -12 is on file in the City Clerk's 14 09/04/12 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ". Delray Beach, FL 33483, asked if this is approval for the budget for the year. Mayor McDuffie stated this is tentative approval and there is a final approval that will come later in September. The City Manager stated the Exhibit has been modified to incorporate all of the changes that were discussed in the previous two work sessions. He stated the net result of all that is the total budget dropped from $97,436,000.00 to $96,004,560.00. The City Manager stated the budget is balanced without any increase in millage or any other city -wide fees but it is not sustainable long -term. Mr. Carney stated he would like to see the actual numbers as a result of all their discussion because he would like to see where we got all the funds. The City Manager briefly explained the numbers and changes made as discussed in two work sessions. Mrs. Gray commended everyone for the work that they have done but she is still interested in looking at the closure of the Delray Swim and Tennis Club pool. Mrs. Gray stated the parking valets and parking meters have been taken off the table which was a source of revenue as well. Mrs. Gray asked if anything has been done as far as the valet queues because with more and more restaurants opening we are going to need more and more parking. She asked if there is another area to look into being that we are taking away more public parking. Mrs. Gray asked if there are any other things besides adding a new tax or fee to actually generate more revenue. She stated there are properties that are coming online now that will increase for next year so maybe the things that are being done this year will get us by and then next year those other things will kick in. Mrs. Gray expressed concern over duplication of a couple jobs and suggested that this be looked at in order to help the City become sustainable. The City Manager stated next year the City will be negotiating with the Police Benevolent Association (PBA) and the Commission will have the opportunity to look at Police pensions at that time. The City Manager stated at the last work session meeting where the Commission had discussion about the pool there were at least three members of the Commission that were not interested in closing the pool this year. Mrs. Gray stated she would like to look at this again. Mayor McDuffie stated the Commission is more than happy to look at the pool but they will also look at everything one more time. 15 09/04/12 Mrs. Gray moved to approve Resolution No. 46 -12, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 3 to 0 vote. 10.1). ORDINANCE NO. 27 -12: Consider an amendment to Chapter 99, "Noise Control ", of the Code of Ordinances of the City of Delray Beach by repealing Chapter 99, "Noise Control ", in its entirety, enacting a new Chapter 99, "Noise Control", providing for the control of sound originating within the City of Delray Beach in its place. The caption of Ordinance No. 27 -12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99 "NOISE CONTROL" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING CHAPTER 99 "NOISE CONTROL" IN ITS ENTIRETY, ENACTING A NEW CHAPTER 99, "NOISE CONTROL" PROVIDING FOR THE CONTROL OF SOUND ORIGINATING WITHIN THE CITY OF DELRAY BEACH IN ITS PLACE, AND PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 27 -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. The City Attorney stated based on the discussion that was held at first reading staff made some minor modifications to the ordinance and added a section that dealt with nuisance which staff also copied out of the City of Miami Code and was contacted by a representative of AT &T who talked about exemptions for starting up generators on a weekly basis. The City Attorney staff also had some correspondence with some other people who had looked at as far as clarifying the language in Section 99.03(A)(2) on Loud Speaker usage. Mayor McDuffie declared the public hearing open. Andy Katz, 20 South Ocean Boulevard, Delray Beach, FL 33483 representing the Beach Property Owners Association (BPOA), stated the BPOA have had some complaints with regard to noise coming from the new Tiki bar. Mr. Katz asked if there are limits on amplified systems if inside of a building in a commercial zone. He 16 09/04/12 stated the 100 feet away would not apply if the amplification equipment is inside of a building. There being no one else from the public who wished to address the Commission regarding Ordinance No. 27 -12, the public hearing was closed. The City Attorney stated if it is located entirely within a building and if the noise can be heard more than 100 feet away then it is a violation. Mr. Katz stated a 100 feet is defined in (A)(1)(a) but in (A)(2) it says that in a commercial zoning district it would not apply if it is inside of a building and he is not sure if one clause negates the other clause. The City Attorney stated (A)(2) deals more with PA systems or certain loud speakers would fall under (A)(2). However, the City Attorney stated (A)(1)(a) would be a catch all where if there is music being played and if it is heard more than 100 feet away then it would be a violation. The City Attorney stated there is also the catch all under (A)(1)(a) where if it is unreasonably loud the officer can still fall under that. Mr. Carney thanked the City Attorney for adding the nuisance provisions and some of the structures that are deemed inside are barely inside. Mr. Carney expressed concern with buildings which have opened up their entire facade with sliding doors or windows and some do not have any windows at all that are technically inside. He stated he wants to be sure that we are careful not to have special rules for those parties. Secondly, Mr. Carney stated he appreciates the increasing fines for multiple violations. He stated in terms of public nuisance a $500 fine while meaningful in some cases it would be just a cost of doing business to pay an extra $500 and what he was looking to try to get is if the violations were continuous enough that we would have the ability to shut the place down for a day or two because that is the greatest "hammer" of compliance if they cannot operate. Mr. Carney expressed concern that unless we get the fines into the $5,000 level after so many violations he is not sure a $500 fine might mean much to some. The City Attorney stated the Miami Beach Code has the graduated fine system in there where the fines are much steeper and they also seem to provide after 3 or 4 violations that there might be a weekend a month that they do not shut the business down; however, what they say is "you cannot play music." The City Attorney stated if there is a 4t' or 5t' violation and this is on an annual basis the way they have it structured then it might be two weekends out of the year. He stated in doing that the City would have to amend another section of the Code that allows us to have fines of that nature because per State Statute we are not allowed to go up that high unless certain findings have to be made, etc. Mr. Carney stated some of the noise gets very loud and residents in Osceola Park have informed him they can hear the noise from some of the Atlantic Avenue businesses that face south. Mr. Carney stated he is in favor of stringent rules as it relates to noise control. He stated he would like to encourage people of all ages to 17 09/04/12 come downtown at different times of day but he also wants to recognize that there are some people sleeping at 11:00 at night. The City Attorney stated if this ordinance passes tonight staff can take a closer look at the loud speaker language on that section and if it needs any tweaking staff can do that at that time as well. Mr. Carney moved to approve Ordinance No. 27 -12, 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.E. ORDINANCE NO. 26-12: Consider an amendment to Chapter 37 "Delray Beach Code Enforcement ", Section 37.45, "Supplemental Code Enforcement Procedures ", Subsection Q, "Civil Penalties ", of the Code of Ordinances of the City of Delray Beach, Florida, in order to update the provisions pertaining to noise control. The caption of Ordinance No. 26 -12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37 " DELRAY BEACH CODE ENFORCEMENT "; 37.45 "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES "; SUBSECTION Q "CIVIL PENALTIES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, IN ORDER TO UPDATE THE PROVISIONS PERTAINING TO NOISE CONTROL, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 26 -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. The City Attorney stated this ordinance modifies the actual fine amount and staff may be modifying this ordinance as well when the Commission brings back Ordinance No. 27 -12. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 26 -12, the public hearing was closed. 18 09/04/12 Mr. Carney moved to adopt Ordinance No. 26 -12 on Second and FINAL Reading, 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. 10.F. RESOLUTION NO. 43 -12 /CONTRACT FOR SALE AND PURCHASE /810 N.W. 21sT WAY: Consider approval of Resolution No. 43 -12, a contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program (NSP) property located at 810 N.W. 21" Way to Jarrod Levins for the purchase price of $145,000.00 or appraised value and provide subsidy up to $50,000.00 secured by promissory note and second mortgage. The caption of Resolution No. 43 -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 BEREIN, 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 Ordinance No. 43 -12 is on file in the City Clerk's office.) Lula Butler, Director of Community Improvement, stated this item is a request for Commission approval to sell one of the City's Neighborhood Stabilization Program properties located at 810 N.W. 21St Way to Mr. Jarrod Levins for the purchase price of $145,000 or appraised value and provide a subsidy up to $50,000 that will be secured by a promissory note and second mortgage. Mrs. Butler stated the City of Delray Beach was the recipient of $1,905,000 that was matched by $400,000 from the Delray Beach Community Redevelopment Agency (CRA). She stated this property the City has had in their inventory for over a year. Mrs. Butler stated the City has had this piece of property in its inventory for over a year because it is a 2 bedroom /1 bath and is difficult to sell because everyone wants 3 bedrooms. Staff recommends Commission approval of the sale of the property at 810 N.W. 20 Way in the amount of $145,000 or appraised value with a subsidy up to $50,000 secured by a promissory note and second mortgage. Mr. Carney asked if the appraised value comes in less is that going to be the price or is it $145,000. Mrs. Butler stated it could be either but the City has completed the appraisal and the property appraised at what staff is asking tonight. 19 09/04/12 Mrs. Gray moved to approve Resolution No. 43 -12, 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 7:32 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. The City Manager stated at the last regular meeting there was a request that we have quarterly reports from the people working on the Grade Level Reading Program. He stated staff is not sure if quarterly is really meaningful but there would at least be semi - annual data. The City Manager stated there is a certain amount of data that staff has to depend on the School District for and that may not be available on a quarterly basis normally. However, the City Manager stated we will have a report within the next month and probably another one within three months after that. 11.B. From the Public. 11.B.1. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, stated Mayor McDuffie sent a letter to 200 homeowner association presidents talking about a meeting on September 25, 2012 which is a great idea. However, Mr. Blum stated September 25th at sundown starts Yom Kippur and the preparation is the before that during the daytime. Mr. Blum requested that the Mayor push the meeting back to September 18, 2012 due to Yom Kippur. 11.B.2. Francesca Kennedy, 106 N.E. 12th Street, Delray Beach, FL 33444, expressed concern over the Aqua Crest Pool and Pompey Park Pool. Ms. Kennedy stated it is the time that Delray should take a greater interest in both pools in particular the Aqua Crest Pool. She stated she and her family have used the pool and when her son who showed promise as a swimmer at age 4 was ready to join a swim team she drove to North Palm Beach to get him on a swim team because at that time there was no team here. Ms. Kennedy stated they now have a team here and teams come for a while but because of things that cannot be resolved because of administration in part from the County level these teams go from 6 people on a team two years ago to 90 now and then things do not continue because it is not conducive. Mayor McDuffie stated this is not Delray's pool. The City has entertained an agreement with Palm Beach County on the pool and the County would like to see something done because it is one of their lowest performing pools and it only recovers 15% of its cost. Mrs. Gray clarified that the pool closure she spoke about earlier in the meeting was not Pompey Park; it was Delray Swim and Tennis Center. 20 09/04/12 11.B.3. 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 about 4 months ago Jack Hallahan from the Financial Review Board (FRB) came across the Enterprise Funds and the Trust Funds and passed this along to Christina Morrison. Dr. Kirson stated this is equal to 12 funds and about $12 million. Dr. Kirson stated for approximately three months he has been speaking about using those funds and Ms. Morrison passed this along to the City Commission Stated approximately 7 -8 weeks ago Vice Mayor Carney investigated the funds thoroughly and came up with availabilities and put the major effort into producing the budget for this year. Dr. Kirson thanked Commissioner Carney for his time spent on the budget and stated if people would attend the Workshop meetings they would see where the actual work is being done and who actually does the work. At this point, the time being 7:42 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 28-12: Consider an ordinance amending Chapter 35, "Employees Policies and Benefits ", Subheading "Retirement Plan ", of the Code of Ordinances by amending Section 35.089, "Definitions ", to amend the definition of "Employee" to include certain previously excluded positions. If passed, a public hearing will be held on September 20, 2012. The caption of Ordinance No. 28 -12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS ", SUBHEADING "RETIREMENT PLAN ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.089, "DEFINITIONS ", TO AMEND THE DEFINITION OF "EMPLOYEE" TO INCLUDE CERTAIN PREVIOUSLY EXCLUDED POSITIONS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 28 -12 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated in 2003 the City Commission allowed at that time certain managerial employees to buy back into the General Employees' Pension Plan; however, the ordinance provided for a ninety (90) day window to do that. The City Attorney stated this ordinance removes the ninety (90) day 21 09/04/12 window so that way if you have certain managerial employees, department heads, etc. who start to work for the city and if they have been here a while if they have not joined their pension plan then this would allow them to join the pension plan at a later date. Mayor McDuffie asked if these managerial employees would be allowed to buy time. The City Manager stated they would have to pay the full actuarial cost. Mayor McDuffie stated this is a good idea especially for retention. Mrs. Gray moved to approve Ordinance No. 28 -12 on FIRST Reading, 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. 12.B. ORDINANCE NO. 30 -12: An ordinance amending Chapter 51, "Garbage and Trash ", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied ", to provide for increased residential and commercial collection service rates for FY 2013. If passed, a public hearing will be held on September 20, 2012. office.) The caption of Ordinance No. 30 -12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED ", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2013; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 30 -12 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Lisa Hartman, Utility Billing Manager, stated the City's Waste Management contract requires that we adjust the contractual rates for garbage and trash by the CPI (Consumer Price Index) and the fuel surcharges and this increase is a result of applying the rules under the contract to our current rates. Mrs. Hartman stated this will be approximately a 3.7% increase over last year. She stated this also adjusts the City's commercial rates as well by the CPI and fuel surcharges. Mrs. Hartman stated Waste Management has agreed with the City's calculations. She stated if this is not approved, the City would have to absorb the increase. 22 09/04/12 Mr. Carney stated if the contract provides for these increases why does it come before the Commission. Mrs. Hartman stated staff has to adjust the ordinance to authorize that payment otherwise the City would have to absorb that cost and this is actually built into the current contract and has nothing to do with the extension that has been discussed. Mrs. Hartman stated this is correct. Mrs. Gray stated with the increases it looks like the majority of them range. Mrs. Hartman stated they range from approximately .48 to .90. Mrs. Gray moved to approve Ordinance No. 30 -12 on FIRST Reading, seconded by Mrs. 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. 9.11. WOMEN'S TENNIS ASSOCIATION (WTA) CHAMPIONSHIP TOURNAMENT: Provide direction concerning a bid to the Women's Tennis Association (WTA) to be a host site /promoter for the WTA Championship beginning 2014. Robert A. Barcinski, Assistant City Manager, stated staff is looking for direction on submitting a bid to the Women's Tennis Association (WTA) to be a host site /promoter for the WTA Championships from 2014 with a five (5) year commitment and another five (5) year renewal. Mr. Barcinski stated he feels this more or a promoter for a big money city because there are some hefty financial requirements both yearly for a host fee as well as a marketing commitment for multi - million dollars per year. Staff recommends that based on the bid requirements that we do not submit a bid for the WTA tournament. It was the consensus of the Commission to accept staff's recommendation to not submit a bid for the WTA tournament. 9_I. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat 44). Mrs. Gray moved to appoint Deborah Nix as a regular member to serve on the Education Board 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 McDuff e — Yes; Mr. Carney — Yes. Said motion passed with a 3 to 0 vote. 9_J. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) At Large Representative to the Neighborhood Advisory Council to serve an unexpired term ending July 31, 2014. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). 23 09/04/12 Mrs. Gray moved to appoint Patricia Westall as an At Large Representative to the Neighborhood Advisory Council (NAC) to serve an unexpired term ending July 31, 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. 9.1c APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint three (3) regular members to the Historic Preservation Board to serve two (2) year terms ending August 31, 2014. Based upon the rotation system, the appointments will be made by Commissioner Carney (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). Mr. Carney moved to reappoint Annie Adkins Roof as a regular member to the Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2014, 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. Due to his absence, Mr. Jacquet's appointment will be moved to the regular agenda of September 20, 2012. Due to his absence, Mr. Frankel's appointment will be moved to the regular agenda of September 20, 2012. At this point, the time being 7:52 p.m., the Commission moved to Item 13, Comments and Inquiries on Non - Agenda Items. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 13.A. City Manager The City Manager reported from the League of Cities meeting last week that Pat Archer was appointed to the Ethics Commission as the municipal representative. Secondly, the City Manager stated there will be no League of Cities meeting in November and he encouraged everyone to attend the meeting on December 7, 2012 in Pahokee. Lastly, the City Manager stated the League is looking for a representative on the Water Taxi Task Force. He suggested that a Commissioner serve as representative, or if not, then a staff member can represent the City. 24 09/04/12 13.11. City Attornev The City Attorney had no comments or inquiries on non - agenda items. 13.C. Citv Commission U.C.I. Mr. Carney Mr. Carney stated he had recommended at the last regular meeting that the Public Comments be moved to 6:30 p.m. and in the event that it would go over public comment would stop and would continue after whatever public hearings are set for a time certain of 7:00 p.m. The City Manager stated that staff will place this on the Workshop agenda for discussion. Secondly, Mr. Carney stated he would like to meet with the Downtown Development Authority (DDA) and the Delray Beach Marketing Cooperative (DBMC) to discuss their roles, what the expectations are both how they should be working together or not working together, and if there is any other third solution that has not been thought of yet. 13.C.2. Mrs. Grav Mrs. Gray concurred with comments expressed by Commissioner Carney. She stated she believes there are a lot of duplications with tax dollars. It was the consensus of the Commission to place this on the October Workshop agenda. Secondly, Mrs. Gray announced that the West Atlantic Redevelopment Coalition (WARC) meeting is scheduled for Saturday, September 8, 2012 at 8:30 a.m. Mr. Carney stated he would like to make sure the City Clerk posts the proper Public Notice regarding the WARC meeting. Secondly, Mrs. Gray stated during First Night there are many activities going on and last year at the end of S.W. 5t' Avenue Plaza (Ms. Wesley's Plaza Park) a lot of bands set up in that area and played. Mrs. Gray asked if the City can include that theatre as a venue as at First Night. Lastly, Mrs. Gray stated she inquired a couple months ago about the status of the Delray Beach Full Service Center demolition and requested an update. 13.C.3. Mavor McDuffie Mayor MCDuf e stated on October 1, 2012 the City will hang the first transceiver on the first pole in the northwest /southwest community for the Digital Divide Project which will require approximately 60 days to get all the gear in up and operational and at that point they will light up from Lake Ida Drive on the north to S.W. IOtf' on the south from Swinton Avenue on the east to Congress Avenue on the west free wireless for 25 09/04/12 every home with a free or reduced lunch child in that home. Mayor McDuffie stated the City has also been working with Atlantic High School, Spady Elementary, and Village Academy to refurbish PC's as well as the Palm Beach County School District. Mayor McDuffie stated the City has an inventory of those PC's and those will go out as well to every household with a free or reduced lunch student in that area. He stated today he gained the signature of Palm Beach State University to be the Help Desk for all these people. Mayor McDuffie stated the TED Center will be the training facility and it will also be the area where the PC's are disbursed. He thanked the CRA, City, Palm Beach Broadband, FAU, and FPL. Mayor McDuffie stated Delray Beach is the second city to do this in South Florida; Pleasant City has done this in the Palm Beach area. Mr. Carney congratulated Mayor McDuffie for spearheading this project and stated this is a tremendous service he has done for the city. Mrs. Gray echoed comments expressed by Mr. Carney. There being no further business, Mayor McDuffie declared the meeting adjourned at 8:04 p.m. ATTEST: City Clerk rl\� � - MAYOk,>�-/ The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on September 4, 2012, which Minutes were formally approved and adopted by the City Commission on October 2. 2012. City Clerk 26 09/04/12 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 09/04/12 2012 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 THE 1 Oth. AND 10TH CENTER located at the Southeast Corner of SW 10th Street and SW 10th Avenue- 1 . This waiver request: came before the City Commission on September 4, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining. to the waiver request for The 10th and 10th Center located at the southeast corner of SW 10th Street and SW 10th Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. 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 4.6.16 (H) (3) (d) Pursuant to LDR Section 4.6.16 (H) (3) (d), the minimum required width of the perimeter landscape planting strip is five feet (5'). The applicant is requesting a: waiver to reduce the planting strip width from five feet (5') to one foot (1') between the parcels at the north termination of the parking row for Parcel B. Should the waiver be granted? Yes ✓ No 1 September 4, 2012 City Commission Meeting; Item 9.A. I The plied' the e' Commission. has Comprehensive Plan -and LDR requirements in,e)(istenm the time thp. o:rJjgFqA1 development appli; 2ffipn_. was submitted, and finds that. 'its. determin* atiohb�-s6tlf . orth in this Order are consistent with the Comprehengive Plan.. 4.-. The. City CqmMi55i0lri: finds theta it ample 'acid, 6.0thgeterit substantial eViderice to support its ffndihgg ft. the Iftord submitted: acid .adopts ihe f4cfs contained in tho record incliuding 0.6i not'Umitpd to the staff reports testimony of :experfs and: other• p6rhoOtent* Witnesses supporting *these findings: 5. Based on the entire. record. before it, the City Commission -appro denies the: waiver request. 6.. Based on the e0re record. Wore it the City Commission hereby adopts thiis Order this 4W day of September, 2012, .. opposed. ATTEST: Ghevelle Nubin, City Clerk 2 September 4, 2012 City Commission Meeting; Item 9.A.