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01-15-13 Regular Meeting MinutesJANUARY 15, 2013 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas F. Carney, Jr. in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, January 15, 2013. 1. Roll call showed: Present - Commissioner Christina Morrison Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Thomas F. Carney, Jr. Absent - None Also present were - Douglas E. Smith, Interim City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Ron Arflin with Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Frankel moved to approve the Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet Yes; Mr. Frankel Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Special /Workshop Meeting of December 18, 2012, seconded by Mr. Frankel. Upon roll Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. RecognizinLy Black History Month — February 2013 Mayor McDuffie read and presented a proclamation hereby proclaiming the month of February 2013 as BIack History Month. Lula Butler, Director of 01/15/13 Community Improvement, came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. Government Finance Officers Association Award — Certificate of Achievement for Excellence in Financial Reporting Mayor Carney stated the Certificate of Achievement for Excellence in Financial Reporting has been awarded to the City of Delray Beach by the Government Finance Officers Association of the United States and Canada for its Comprehensive Annual Financial Report (CAPER). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting. Mayor Carney presented the award to Milena Walinski, CGFO, Assistant Finance Director, came forward to accept the award and stated this is the 29th consecutive year that this award has been won. Ms. Walinski gave special recognition to the Finance Department and Rebecca O'Connor, Treasurer, for their help in preparing the CAPER. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. ACCEPTANCE OF A SIDEWALK DEFERRAL 1125 N.E. 13TH STREET: Approve acceptance of an agreement to defer installing a sidewalk along N.W- 1 3th Street for the property located at 125 N.E. 13th Street, 8.B. REQUEST FOR A SIDEWALK DEFERRAL1928 JASMINE DRIVE: Approve an agreement to defer installing a sidewalk along the south side of Jasmine Drive for the property located at 928 Jasmine Drive. 8.C. REQUEST FOR A SIDEWALK DEFERRAL AND SIDEWALK EASEMENT AGREEMENT /1127 VISTA DEL MAR DRIVE S.: Approve a sidewalk easement and sidewalk deferral agreement to allow future construction of a sidewalk, for a proposed single family residence within the North Beach Overlay District for the property located at 1127 Vista Del Mar Drive S. 8.D. ACCEPTANCE OF A RIGHT OF WAY DEED 1125 N.E. 13TH STREET: Accept a right-of-way deed for the dedication of 5' feet on the west side of N.E. 2nd Avenue for the property located at 125 N.E. 13th Street. S.E. CORRECTION TO ACCOUNT NUMBERS: ROSSO PAVING AND GRADING, INC. I BLOCK 19 AND 20 ALLEY IMPROVEMENTS: Approve a correction to account numbers which were inadvertently referenced for the contract award to Rosso Paving and Grading, Inc., in the amount of $120,000.00 from account number 334 - 3162 -541 -68.56 and $17,866.13 from 448 - 5461 -538 -68.56 for construction of Block 19 and 20 Alley Improvements. S.F. AGREEMENT/FAITH- HOPE -LOVE CHARITY INC.: Approve an agreement with Faith — Hope — Love Charity, Inc. to occupy office space at the Neighborhood Resource Center and provide specific outreach services to Veterans. 2 01/15/13 8.G. ADDITIONAL SCOPE /COASTAL CONTRACTING & DEVELOPMENT, INC.: Consider approval of additional scope to Coastal Contracting & Development, Inc. in the amount of $12,183.56 associated with connecting electrical panels to the Florida Power and Light (FPL) point of service for the Atlantic Avenue Gateway Art Feature Project. Funding to be paid out of the Contract's Undefined General Allowance. S.H. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS:212 N.W. 14TH AVENUE: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Jesus J. Aguirre -Rueda and Maria N. Gomez for the property located at 212 N.W. 14th Avenue sold for single - family homeownership. 8.I. DELRAY BEACH PUBLIC ART BOARD: FLOR500 TEMPORARY ART PROJECT: Approve and authorize funding for the FLOR500 Temporary Art Project to be placed on the front lawn of City Hall which consists of nine (9) concrete planters containing various wildflowers in celebration of Ponce de Leon's discovery of the Florida peninsula. Funding is available from 115- 1702 - 579 -52.26 (Special Projects Fund: Operating Supplies /Gardening Supplies) and 115 - 1702 -579 -49.90 (Special Projects Funds: Other Current Charges). 8.1 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 31, 2012 through January 11, 2013. S.K. AWARD OF BIDS AND CONTRACTS: 3. Purchase award to Devland Site Development, Inc. in the amount of $120, 000.00 for sludge removal and disposal "as needed ". Funding is available from 441 - 5122 -536 -52.21 (Water and Sewer Fund: Operating Supplies /Chemicals). 2. Purchase award to Fisher Safety Fire and Emergency Services in the amount of $582,667.06 for the replacement of the Self - Contained Breathing Apparatus (SCBA) and associated components. Funding is available from 334- 2311 -522 -64.90 (General Construction Fund: Machinery Equipment/Other Machinery /Equipment) . 3. Purchase award to PVS Technologies, Inc. in the amount of $220,000.00 for purchase and delivery of liquid ferric chloride "as needed ". Funding is available from 441 - 5122 -536 -52.21 (Water and Sewer Fund: Operating Supplies /Chemicals). 3 01/15/13 Mr. Frankel moved to approve the Consent Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Comments and Inquiries on Non - Agenda Items from the City Manager and the Public. 9.A. City Manager's response to prior public comments and inquiries. Douglas E. Smith, Interim City Manager, stated Ms. Moody had expressed concerns about some brick pavers at Dunkin Donuts and those have been repaired. Mr. Smith stated staff indicated that the City would not have staff at the Tri-rail station for any reasons since it is not a City facility and it may have been another governmental entity. 9.11. From the Public. 9.13.1. Chuck Ridley, 210 N.W. 2 "d Avenue, Delray Beach, FL 33444, thanked the Commission and staff for supporting the moans in the symbolic march to talk about how the community embraces all our residents ensuring that we will be safe. Mr. Ridley stated this sent a powerful message. 9.13.2 Ann Stacey - Wright, 102 S.W. 13th Avenue, Delray Beach, FL 33444; stated on October 2012 a group of concerned citizens submitted a petition concerning City employee Deirdra Roper Thomas regarding Pompey Park. Ms. Stacey - Wright stated they were told that there would be an investigation and as of this date she has not heard back from anyone. 9.13.3. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, stated this is the first meeting of the new year with the new Mayor, etc. and he is overjoyed. 9.11.4. Carol Anderson, 1441 East Bexley Park Drive, Delray Beach., FL 33445, stated she affiliated herself with S.A.F.F. (a civic group aiming to improve our pedestrian bicyclists' and motorists' safety). Ms. Anderson stated she looked over the sidewalks in downtown Delray where there had been some concern. Ms. Anderson stated she spent two nights and was delighted with what she saw; however, she stated there are a couple of areas which she would like to see someone address to make sure the city stays as good as we are. She suggested that the city place foot patrols in the downtown area because it would be an asset in making people feel safer and deterring anyone who might be thinking of crime. Ms. Anderson distributed photos to the Commission of the setup of some of the sidewalk restaurants on Atlantic Avenue and Pineapple Grove. She stated Boehme Bistro have set their curve tables in a way that they are parallel to the street so there are no chairs protruding into the walk area but other restaurants such as The Office have their tables seated perpendicular to the street and have blocked the passageway. Ms. Anderson asked if there is an ordinance about the placement of tables at sidewalk 4 01/15/13 restaurants downtown in order to keep the right -of -way clear. 9.B.5. Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33444, stated he would like to know how Mayor Carney and Commissioner Frankel feel about allowing the public to comment about items on the agenda. 9.B.6. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, congratulated Douglas E. Smith for the great job he is doing as Interim City Manager and gave a few brief comments about the newly appointed City Manager Louie Chapman. At this point, the time being 6:21 p.m., the Commission moved to the Regular Agenda. 10. REGULAR AGENDA: 14.A. WAIVER REQUESTS/BELUGA WINE BAR AND RESTAURANT: Consider approval of three (3) waiver requests to Land Development Regulations (LDR) Sections 4.4.13(F)(4)(c)(1), "Lower Levels ", and Section 4.4.13 (F)(4)(c)(2), "Upper Levels ", pertaining to the CBD (Central Business District) building setback requirements for Beluga Restaurant and Wine Bar located at 44 S.E. 2nd Avenue. (Quasi - Judicial Hearing) Mayor Carney read the City of Delray Beach Quasi - Judicial rules into the record for this item and all subsequent items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Carney asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning Department, entered the Planning and Zoning Department project file #2013 -026 into the record. Mr. Dorling stated this is a request for consideration of three (3) waivers in association with Beluga Restaurant and Wine Bar. He stated the request is to allow a front setback of 14 feet 2 inches where a 15 foot minimum is required along S.E. 2nd Avenue. Mr. Dorling stated there are two frontage requirements as it relates to the design guidelines; one relates to the lower levels requiring no greater than 10 feet; setback for 85 feet of the building and the applicant is requesting a reduction to 53 feet 6 inches. Mr. Dorling stated there is a reduction for the front setback that is required to be at a minimum of 15 foot for the upper levels and the applicant is requesting a reduction from 84 feet to 66 feet. Mr. Dorling stated required findings are made to LDR Section 2.4.7(B)(5) and the rationale given by the applicant relates to fact that the structure is a non - conforming structure and the proposed changes get it closer to the conforming status in the LDRs. Mr. Dorling briefly reviewed the east, north, west, and south elevations. 01/15/13 At its meeting of December 19, 2012, the Site Plan Review and Appearance Board recommended approval of all three waivers with a 7 to 0 vote. The applicant was not present. Mayor Carney stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. Ms. Morrison stated this was an existing structure for a long time and it is not in conformance now and inquired about what the applicant wants to do. Mr. Dorling clarified that the applicant wants to bring this closer to current conforming LDRs. Mr. Jacquet asked if immediately west is two - stories as well. Mr. Dorling stated it is currently one -story in a portion; along the north is a two -story portion and a one -story piece. 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 Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Carney Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 10.B. WAIVER REQUESTILINTCO DEVELOPMENT: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(1), "Stacking Distance ", to reduce the stacking distance from the required fifty feet (50') for parking lots with fifty -one (51) or more spaces to twenty -eight feet nine inches (28'9 ") at the northern entrance on S.W. 4th Avenue for Lintco Development. (Quasi- Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Carney asked the Commission to disclose their ex parte communications. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2012 -224 into the record. Mr. Dorling stated this is a waiver request to reduce the stacking distance from the required fifty(50) feet for parking lots with fifty -one or more spaces pursuant to LDR Section 4.6.9(D)(3) (c)(1) and the reduction is to twenty -eight feet nine inches (28' 01/15/13 9 ") at the northern entrance on S.W. 4th Avenue for the Lintco Development. He stated the requested waiver is in the vicinity of the secondary access off 4th Avenue. Mr. Dorling stated the requirement is for fifty (50) feet before the first parking space. Staff recommends approval. At its meeting of November 14, 2012, the Site Plan Review and Appearance Board (SPRAB) recommended approval. Mayor Carney stated if anyone from the public would like to speak in favor or in opposition of the waiver request for Lintco Development, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. Mrs. Gray asked how this would affect the site triangle. Mr. Dorling stated it does not affect the site triangle in anyway. Mr. Jacquet expressed concern that inbound and outbound traffic there will be more congestion and more issues because that is the closest entrance and the closet exit to all of the neighborhoods inside. Mrs. Gray stated she can support the waiver only because the stop sign is there so that will slow down the traffic before actually making that right and then right or left on 4t" Avenue. Mr. Jacquet expressed concern over the heavy traffic at the secondary entrance. Mr. Dorling stated historically where you have multiple entries this waiver has been supported in the past because when written it was primarily to provide enough stacking distance to come in and out of a single access point. Ms. Morrison asked if the traffic that is exiting the secondary entrance will be able to turn both north and south or be limited to just the direction of traffic. Mr. Dorling stated it would have access north and south and incoming traffic would be able to turn in there from north and south. Ms. Morrison concurs with comments expressed by Mr. Jacquet because the nature of the population in that northern most area with the school and the multi- family neighborhood. Mr. Dorling stated if the Commission denies the waiver request the applicant has two choices; he could ask the Commission to reconsider it at the next meeting or he could meet the Code and eliminate parking spaces. The City Attorney stated without the applicant being present the Commission cannot place a condition on this. Mr. Dorling stated the Commission could continue it and ask the applicant to be present when they deliberate next time. 7 01/15/13 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 denying the waiver request, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — No; Mrs. Gray — Yes; Mayor Carney — No. Said motion was DENIED with a 3 to 2 vote, Commissioner Frankel and Mayor Carney dissenting. 10.C. WAIVER REQUEST/DOWNTOWN BOWLING: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.18 (B)(14)(iv)(2), `Building and Structure Requirements ", to allow a minimum transparency or glass surface area on the ground floor along N.E. 2nd Avenue of 7.28% whereas 75% is required for Downtown Bowling located at 45 N.E. 2nd Avenue. (Quasi - Judicial Hearing) Mayor Carney asked the Commission to disclose their ex parte communications. Mr. Frankel stated he has the same ones he disclosed when the Commission previously discussed the Downtown Bowling and he ran into the brother of the applicant Steven Dapuzzo at Dunkin Donuts about 45 minutes ago and asked him how the construction was coming. Mrs. Gray stated she had no ex parte communications to disclose. Mr. Jacquet stated he spoke briefly to Attorney Pintaluga. Mayor Carney stated he had no ex parte communications since the last meeting. Paul Dorling, AICP, Director of Planning and Zoning entered the Planning and Zoning Department project file #2013 -043 into the record. Mr. Dorling stated this is a request to approve a waiver to LDR Section 4.6.18(B)(14)(iv)(2), to allow a minimum transparency or glass surface area on the ground floor along N.E. 2nd Avenue to be 7.28% rather than 75% required by the Design Guidelines. He stated this will be going to a restaurant and an eight lane bowling facility. The Design Guidelines call for 75% transparency to provide window shopping opportunities along the streetscape. Mr. Dorling stated this site would have some windows and improvements at the southwest corner and the portion where the bowling alleys are would be a solid wall and the need for the reduction in transparency. Mr. Dorling stated the required findings to LDR Section 2.4.7(B)(5) are made in the staff report. At its meeting of December 19, 2012, the Site Plan Review and Appearance Board (SPRAB) recommended approval of this waiver request. Mayor Carney 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. 8 01/15/13 Mrs. Gray stated she supports the waiver request. Mr. Jacquet stated the difference from 7.28% to 75% is because it is a bowling alley and there are not many windows. Mr. Dorling stated the facade is not a bowling alley and has a similar issue with transparency but the conversion is raising that from 5% to 7% with the introduction of the visibility at the corner. He stated it is really a function of the use that is proposed. Ms. Morrison stated she supports the waiver request. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mrs. Gray moved to adopt the Board Order as presented, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney Yes; Ms. Morrison — Yes. Said motion passed with a 5 to 0 vote. 10.1). WAIVER OF SURETY BOND REQUIREMENT: SPODAK DENTAL GROUP FACILITY: Consider approval of a waiver of surety bond requirement to Land Development Regulations (LDR) 2.4.10(A), "Financial Guarantees, Surety Bond ", to reduce site bonding requirements for the Spodak Dental Group Facility to 110% of the value of water and sewer infrastructure with the condition that no Certificate of Occupancy be issued in any form for the facility prior to completion and certification of all required site improvements. (Quasi - Judicial Hearing) Mayor Carney asked the Commission to disclose their ex parte communications. Mr. Frankel stated he is a patient of Dr. Spodak. Mr. Jacquet stated he is a long -time former patient of Dr. Spodak. Mrs. Gray stated she had no ex parte communications to disclose. Ms. Morrison stated she had no ex parte communications to disclose. Richard Hasko, Director of Environmental Services, entered project file 4Tac -537 into the record. Mr. Hasko stated this is a request from the applicant for a partial waiver from the City's surety bond requirements for the constructed improvements on the site. He stated this is a 13,000 square foot building on a two acre site on the north side of Atlantic Avenue next to the Delray Garden Center. Mr. Hasko stated Dr. Spodak is going to be the sole occupant of this site. He stated the most expensive portions of the construction will be on the on -site drainage system, the parking lot grading, etc. Mr. Hasko stated whether or not those things get complete has no impact on public safety, city liability, or anyone but Dr. Spodak. Staff agrees that it meets all the requirements of the required findings as well as it not granting a special privilege. 9 01/15/13 Dr. S odak 904 N.E. 2 °d Avenue Delray Beach FL 33444 stated he is excited about this building and what it will bring to Delray. Mayor Carney stated if anyone from the public would like to speak in favor or in opposition of the waiver, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver, the public hearing was closed. Mr. Hasko stated staff requests a condition of approval that no Certificate of Occupancies of any kind would be issued prior to completion and certification of all of these improvements by the City. Ms. Morrison stated she appreciates Dr. Spodak growing his business in Delray Beach. Mr. Jacquet moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 10.E. SCOPE OF SERVICESICOASTAL PLANNING & ENGINEERING, INC.: HURRICANE SANDY SAND DUNE REPAIR: Consider approval of a Scope of Services with Coastal Planning & Engineering, Inc. in the amount of $37,521.50 for Hurricane Sandy Sand Dune Repair. Funding is available from 332 - 4164 - 572 -31.30 (Beach Restoration Fund: Professional Services /Engineering /Architectural). Paul Dorling, AICP, Director of Planning and Zoning, stated this is a scope of services from Coastal Planning & Engineering, Inc. (CPE) as a result of the Workshop last Tuesday and the direction by the Commission to go forward with some emergency work as it related to Hurricane Sandy. Mr. Dorling stated this is the scope of work which includes the cost for design surveys, dune repair design, regulatory approval, preparation of plans and specs, bidding assistance, and construction observation. He stated the attached memo outlines the personnel to be utilized for the task and the estimated hours and related fee schedules and the task is not to exceed $37,521.50. Mr. Dorling stated DEP met with staff and was originally reluctant to use the emergency order because there were not any structures that were in parallel but they did agree to allow the infusion of about 1,500 cubic yards of sand; 500 yards north of this cut and about 100 feet south on the municipal beach. He stated the 500 feet related to where the dune slope and the high water mark of the dune had some significant recovery further north and they were not going to allow any fill north of that. Mr. Dorling stated permits have to be processed very quickly and the work has to be done by February 28, 2013. He stated the DEP representative said they would accept those and approve them from upland sources or from the dredge source. Mr. Frankel stated since the last Workshop meeting when the Commission discussed the beach work he reached out to Senator Nelson's office. He commented that 10 01/15/13 Mr. Smith had discussions with Michelle and inquired about the status. Mr. Smith stated he called to get another update today and did not hear back from her so he sent an email with additional information but staff has not heard back yet. Staff has made contact with State Senator Sachs regarding this issue and in addition the new lobbying group All Florida Solutions will be reaching out to higher level DEP staff on this issue as well. Mr. Jacquet stated in their last Workshop meeting the Commission discussed a special assessment or the private parts of the beach about the residents living there contributing. Mr. Jacquet asked if we are only doing the municipal beach or are we also doing the private beach. Mr. Dorling stated that is a long -term funding solution and staff has not begun to do anything at this point. Mr. Dorling stated this is all State property and is public beach; what is being proposed is 500 feet in front of the public beach in front of private property and 100 feet in front of municipal property. Mr. Smith stated based on the DEP rep's indication of the smaller amount of fill that they would allow (1,500 cubic yards) is a significant cost reduction from the cost estimates that staff was looking at before. Mr. Frankel moved to approve the scope of services with Coastal Planning and Engineering, Inc. in the amount of $37,521.50 for Hurricane Sandy Sand Dune Repair, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 10.F. BID AWARD/INNOVATIVE METERING SOLUTIONS, INC. (IMS): Consider a bid award to Innovative Metering Solutions, Inc. (IMS) for Contract 1 of the Meter Replacement and Advanced Metering Infrastructure (AMI) project with the first year cost not to exceed $1,758,082.55. Funding is available from 442- 5178 -536- 64.46 (Water & Sewer Renewal & Replacement Fund: Machinery/Equipment/Automated Meter Reading). Richard Hasko, Director of Environmental Services, stated this item is for award of contract to Innovative Metering Solutions, Inc. (IMS) for the first phase of Advanced Metering Infrastructure (AMI) project with the first year cost not to exceed $1,758,082.55. Mr. Hasko stated this is a first phase of a five (5) year planned transition from traditional metering of the potable water and reclaimed systems to implementation of advanced technology that will allow staff to collect data on a real time basis versus once a month readings which will have reporting capabilities to it and this will allow staff to use that information in a much more productive and efficient form for future planning. Mr. Hasko stated it will allow staff to provide a much higher level of customer service because staff will be able to read meters instantaneously from the computers in Utility Billing (UTB) via radio communications. He stated over the next subsequent four years staff will be doing meter replacements and installing the localized infrastructure on a meter by meter basis. Mr. Hasko stated there was some question during the bid process 11 01/15/13 about dual porting or trying to cut down on material costs by potentially reading multiple meters with one unit. He stated staff added that in as an opportunity for vendors who were going to provide that to show a discount but that did not occur and was actually an addition in most cases. Mr. Hasko stated the lowest responsive bidder is Innovative Metering Solutions, Inc. Mr. Jacquet asked if these meter readers is what the City currently has on the beach. Mr. Hasko stated what the City has had on the beach for many years are radio read meters where you did not have to actually walk down the street and look at the dial on the meter but there was a radio sending unit inside each meter that was connecting to the meter mechanism and as you drove by the unit in the vehicle would pick up the reading. Mr. Hasko stated what the City has throughout the City are touchpads which you do not have to physically read the dial on the meter but there is a touchpad on the meter box that is electronically connected to the mechanism. Mr. Hasko stated the City is now going to much more advanced technology where the meter readings and the characteristics through that meter will be transmitted to the system in UTB's office. Mr. Jacquet stated since the City first got the radio meter reads on the beach he has talked to number of the meter readers that work for the City. He stated they have informed him that they hate the new meters that the City has because they are too problematic and it is costing the City more money and them more time because they have to go back and recheck them because sometimes it does not read them. Mr. Jacquet expressed concern that the City is going to through millions of dollars into the product and then find that it is costing us more money and it is more time consuming and aggravates City workers. Mr. Hasko stated staff did a complete study looking at a variety of this same type of technology throughout the State of Florida and visited a couple of different municipalities that had implemented different types of this technology. He stated because of the way it is designed this program can actually save the City dollars from the perspective of staffing, reducing unaccounted for water and unpaid water. Staff anticipates increases in revenues. Mr. Jacquet asked if older technology will be more reliable than new technology that has not been tested thoroughly yet. Victor Ma'ten i Deputy Director of Public Utilities stated that technology is older and there were many revisions in that and staff has vetted the process and believes the newer technology is better. Rene Mathews, President of Mathews Consultine, Inc., stated the meters and the equipment that was recently put out that is problematic is from a particular vendor and City staff is working very diligently with that vendor to correct those issues with that particular equipment. Ms. Mathews stated what is being proposed under this is a completely different vendor and different equipment and they do not perceive that it is going to be a continued problem. Mr. Jacquet asked where else has the equipment that is being proposed right now been used. Ms. Mathews stated they have a huge list of installations throughout the entire U.S. Ms. Mathews stated each year they upgrade the system and 12 41/15/13 the software as well as the hardware so the City would get the most updated equipment today not something that was developed five years ago. She stated this particular AMI which is where you get the read from the meter directly to the computer they have had systems in operation for at least five (5) years. Mr. Jacquct reiterated that he is concerned that the City will spend more money than we will make off of it and he does not think we are losing that much out of the water that we need to spend this much money. Mr. Hasko stated it is almost a quantum leap in technology in terms of rather than having to have people driving down the street for radio reads route by route or people walking down the street route by route tapping touch pads and only doing that once a month. He stated you only get a once a month reading for how much water is being used at that unit or connection. Mr. Hasko stated this system is going to report how much water is flowing through that meter at any interval you want to program into it. Mr. Hasko stated vendors come to the City about using technology .to make us more efficient to save money and increase revenues and almost in every case some part of the cost savings involves positions that you no longer need. Mr. Hasko stated he is skeptical about that as well but he does not know if this will cost the City jobs because he does not know what other needs the Utility Billing Manager may have. He stated perhaps the positions that are not needed if the system goes into operation could fill in public utilities. Ms. Morrison stated with this new system the meter readers would no Ionger have to go out. Mr. Hasko stated the actual reading of the meter itself would be done from a computer system. Mr. Hasko stated this is more cost effective and more accurate in the context of the shorter increments that you can collect those readings. He stated the real benefit to the administration staff for utilities is to have that real time information because it gives staff solid information for future planning. Mrs. Gray asked if the City is losing revenue and water and whether the meters are contributing to that. Mr. Hasko stated the meters are contributing to that and a couple of years ago the City was losing approximately $300,000 a year. Ms. Mathews stated each year the meters continue to be less accurate so the City is actually losing $400,0004500,000 in revenue a year because the current meters are inaccurate because they are 10 -15 years old. She stated the gain of revenue will be tremendous because the new meters start off at 100% accuracy. Mr. Hasko stated staff is phasing the project and will begin an annual program for meter replacement. He stated over a 5 -7 year period the City will have placed all the meters but it will not have to be done all at one time. Mr. Hasko stated it becomes a more manageable financial renewal and replacement effort. He stated they want to get the first phase in and have a year's experience with it to make sure that is exactly what the City is getting. 13 01/15/13 Mrs. Gray asked when staff will be able to see the savings. Mr. Hasko stated the City should start seeing the savings the initial year and it will increase as years go on as additional meter replacements are implemented. Mr. Carney asked if they expect $3 million in savings. Ms. Mathews stated the payback is approximately 5 -7 years so the money the City is investing right now would be paid back in 5 -7 years because of the savings with the meter accuracy; over a 20 year life cycle they expect that the City will get significant revenues back. Ms. Mathews stated the program can be programmed so that alarms can come back to the City staff and let them know who might be tampering with the meter or programmed so that when there is unusual usage or zero usage. She stated City staff can immediately check on those issues as opposed to waiting month or more because they are currently only getting a meter read every month. Mr. Carney inquired about the process of shutting off water. Ms. Mathews stated the City would still have to send someone out to turn off water and noted there is a future option to have a shut -off valve that the City could elect if they so wish. Mr. Jacquet asked what will happen with the old meters. Mr. Hasko stated the City will collect them and take them to a local scrap yard. Mr. Frankel moved to approve the bid award to Innovative Metering Solutions, Inc. (IMS) for Contract 1 of the Meter Replacement and Advanced Metering Infrastructure (AMI) project, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet No; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 1 vote, Commissioner Jacquet dissenting. 10.G. EMPLOYMENT AGREEMENT/CITY MANAGER: Consider an Employment Agreement between the City of Delray Beach and Mr. Louie Chapman. The City Attorney stated this Employment Agreement originally came in front of the Commission on January 3, 2013 and Commission continued it to this meeting. The City Attorney stated the terms of the agreement are the essentially the same and Mr. Chapman is still okay with the start date of April 1, 2013. Mr. Jacquet stated the Commission has been discussing this since this past summer and yesterday the Commission had a Workshop meeting and Mr. Hollifield who performed the background check was present and the Commission had the opportunity to meet with him one -on -one and as a group. Mr. Jacquet stated Mr. Chapman was present as well and the Commission had the opportunity to address any concerns that they had. Mr. Jacquet stated he feels all the questions that were asked were answered and he is ready to vote on this item. Mr. Frankel asked about the DCF Report and stated he is not comfortable with this entire process. Mr. Frankel stated the search that the City has done could have been and should have been larger and more expansive. He believes that the vetting process created as many questions as solutions. Mr. Frankel stated he has made it clear previously that this entire situation would not have been his first choice and believes he 14 01/15/13 has been consistent in expressing this from the beginning; however, if the majority of this Commission chooses Mr. Chapman and goes forward with the contract this evening to be the next City Manager, he will support his efforts irrespective of his vote tonight and encouraged the Commission and the City to move forward as a single unit. Mrs. Gray stated Mr. Chapman has 19 years of experience of being a City Manager and has the credentials and experience that is necessary to move the community forward. She stated he has represented a change that is moving forward and feels everyone should be excited and proud of that. Mrs. Gray stated Mr. Chapman is more than qualified and there should not be any issues with him stepping in and moving the City forward. Mrs. Gray stated she fully supports Mr. Chapman and commented that the City offered him a contract and he did not alter the contract so she believes we need to move forward. Ms. Morrison thanked Mr. Chapman and Mr. Holifield for coming down and spending one -on -one time with her because she gained a lot of insight from their discussions. Ms. Morrison stated she spent time gathering data, talking with several trusted and informed Delray residents, and also talked to business, quasi - governmental, and governmental agents throughout the county trying to get a sense of what is going on in the City leadership management world. She stated much of the feedback she got reinforced what she already knew and what she sensed and some of the information and opinions were surprising. Ms. Morrison stated some of the more surprising is what she learned from County employees and government people that the word on the street for Delray Beach was that the City has already picked their new City Manager and the search was just window dressing. She stated she was told that several people did not apply because that was the general feeling around the County. Ms. Morrison stated she had other people tell her that the Commission has to go forward with a unified presence and the entire Commission should agree on the new City Manager. Ms. Morrison stated she feels the process of the search was flawed since the City only received 52 applications for a City of this stature. She stated the search was not a full blown search but was through the ICMA only; Ms. Morrison stated she thought when ICMA took over the search that it would also go out to professional executive search firms and that was not the case. Ms. Morrison stated the City where Mr. Chapman is from is much smaller, it has a much smaller population, the Police Department is a third of the size of Delray Beach's Police Department and a fraction of the budget of Delray Beach, there is no professional fire - rescue department, it is not coastal city, and there has been some Police misconduct that she knows in Delray Beach would not have been tolerated and would not have gone unpunished. Ms. Morrison stated the rules of conduct in the State of Florida are much stronger than they are elsewhere in this country because of what has happened in Florida's past. Ms. Morrison urged the Commission to "punt" for 3 -6 months and reevaluate the situation. Mayor Carney stated these are unsubstantiated rumors and noted that this is the approval of the contract; the offer has been made not whether or not it should have been made. 15 01/15/13 Mrs. Gray commented about the process and the search. Mrs. Gray moved to approve the Employment Agreement between the City of Delray Beach and Mr. Louie Chapman, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Ms. Morrison — No; Mr. Jacquet Yes; Mr. Frankel — No; Mrs. Gray — Yes; Mayor Carney — Yes. Said motion passed with a 3 to 2 vote, Commissioner Morrison and Commissioner Frankel dissenting. 10.H. REASSIGNMENT OF COMMISSION LIAISON APPOINTMENTS: Reassignment of City Commission Liaison Appointments to various Advisory Boards and outside agencies. Mayor Carney suggested that Ms. Morrison accept Mayor McDuffie's former assignments for the next three months. However, Mayor Carney stated those assignments that the Mayor actually has to do he will do. Mr. Jacquet stated he currently has Plumosa and Carver Middle School and would like to have Atlantic Community High School as one of them. Mrs. Gray stated this is fine as long as he keeps the other schools as well. Mr. Smith stated one of the Boards is the Metropolitan Planning Organization (MPO) and suggested that the Commission discuss who.may want to fill in on an interim basis. Mayor Carney stated he will accept the liaison appointment to the Metropolitan Planning Organization (MPO). Mr. Jacquet commented that the appointments to the Legislature have changed. The Commission commented that these appointments will be updated at the Organizational Meeting in March. After brief discussion the Commission appointed Douglas Smith, Interim. City Manager, to be liaison for the Palm Beach County League of Cities assignment. Mr. Frankel moved to approve the reassignment of City Commission Liaison Appointments to various Advisory Boards and outside agencies, seconded by Ms. Morrison. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel Yes; Mrs. Gray Yes; Mayor Carney -- Yes; Ms. Morrison — Yes. Said motion passed with a 5 to 0 vote. 10.I. BID PROPOSAL/UNITED STATES TENNIS ASSOCIATION (USTA): FED CUP SEMI - FINALS: Consider approval of a bid proposal to the United States Tennis Association (USTA) to be the host site for the 2013 FED Cup Semi - Finals if held in the United States. 16 01/15/13 Robert A. Barcinski, Assistant City Manager, stated this is a request for the City to approve a bid to the United States Tennis Association (USTA) to be the host site for the 2013 FED Cup Semi- Finals held April 20 -21, 2013 (if held in the United States). The Community Redevelopment Agency (CRA) gave the City a $75,000 commitment towards the costs and the City has a $100,000 grant request into the Sports Commission. Staff meets with the Sports Commission on January 31, 2013. The City will ask for revenue sharing again from the USTA. Mr. Barcinski stated the economic event is estimated to be approximately $1,000,000 to the community and the county. Mr. Frankel moved to approve, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet -- Yes. Said motion passed with a 5 to 0 vote. 10.1 2013 PROPOSED STATE LEGISLATIVE PRIORITIES: Consider approval of the 2013 proposed State Legislative Priorities. Rich Reade, Sustainability Officer, stated this item is the 2013 proposed State Legislative priorities. Mr. Reade stated staff took the comments from the last Workshop and made it more Delray appropriate. He stated some of the things discussed at the Workshop that are included are: information about the communications services tax, the enterprise zone, information about affordable and accessible property reform, sober houses, synthetic drugs, transportation funding, beach renourishment and the emergency permitting issue, water resources, and overall expanded grant funding. Mr. Reade stated the Legislative Session begins March 5, 2013 and ends May 3, 2013. He stated staff has also worked with the lobbyist to develop a new format for this. Mr. Reade stated this format brands the document, gives it a level of strength and it is effective in the way it looks as well. Mr. Smith stated one of the other things that has been done in the past that the lobbying firm will be able to help with is developing this into a tri -fold brochure that is easy to hand out as well. Mrs. Gray asked why the West Atlantic Avenue is not being added as an enterprise zone as well. Mr. Reade stated staff included that area as well as some of the areas that go all the way down 4t` at Linton Boulevard as well as some of the areas that front I -95. Mrs. Gray stated the whole idea is to create traffic from Congress Avenue to downtown and vice versa and asked if there is a reason why this is not in the language. Mr. Reade stated it is in the map that will be provided in the Statute language and the Bill language. Ms. Morrison thanked staff for listening and stated this is great. Mr. Jacquet echoed comments expressed by Commissioner Morrison. Mr. Jacquet stated he has had the opportunity to work as a Legislative Aide so drafting bills and going through the process was his main job. He stated Representative Lori Berman reached out to him about the building she is renting from the City and he will be working 17 01/15/13 with her staff very closely. Mr. Jacquet stated March 6, 2013 is Palm Beach County Legislative Day in Tallahassee. Mrs. Gray commented about the writing of the Bill for the Enterprise Zone and asked if Senator Sachs is writing the Bill. Mr. Jacquet stated Senator Sachs has to draft it and someone from the House side has to draft it as well. Mr. Jacquet stated Lori Berman is this doing for the House and Senator Sachs is doing it in the Senate. Mr. Reade stated she is definitely committed and noted that some of the data that staff has been recently providing has been from the Senate Bill drafting side and staff anticipates that coming out soon. Also, Mr. Reade stated Representative Powell and Representative Hager have both agreed to be prime co- sponsors on Bill as well. Mr. Jacquet suggested that staff present at the Palm Beach County Delegation and get the entire Palm Beach County Delegation to support it. Mr. Reade stated the Palm Beach County Delegation is going to be meeting in Delray Beach on the January 28th and meeting in West Palm Beach on the January 30'l'. Mr. Jacquet suggested that Mr. Reade ask the entire Delegation if they would stand behind this particular Bill and other bills that City wants. Ms. Morrison moved to approve the 2013 proposed State Legislative Priorities, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. At this point, Mr. Reade informed the City Commission that one of the areas that the City Commission wanted to go forward with is a Federal Request for Proposal. He stated staff is proceeding forward with it. 8.K. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcement Board to serve a three (3) year term ending January 14, 2016. Based upon the rotation system, the appointment will be made by Commissioner Morrison (Seat # 1). Ms. Morrison moved to reappoint Jason Whiteman as an alternate member to the Code Enforcement Board to serve a three (3) year term ending January 14, 2016, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor Carney — Yes; Ms. Morrison -- Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. 10.L. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular members to the Education Board to serve unexpired terms ending July 31, 2013. Based upon the rotation system, the appointments will be made by Mayor Carney (Seat 45) and Commissioner Morrison (Seat #1). 18 01/15/13 Mayor Carney stated he wished to appoint Kenya Spear as a regular member to the Education Board to serve an unexpired term ending July 31, 2013. Mr. Jacquet so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Ms. Morrison Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor Carney — Yes. Said motion passed with a 4 to 0 vote. Ms. Morrison moved to appoint Sandra Owens as a regular member to the Education Board to serve an unexpired term ending July 31, 2013, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor Carney -- Yes; Ms. Morrison — Yes. Said motion passed with a 4 to 0 vote. N.M. LICENSE AGREEMENT/32 EAST RESTAURANT: Consider approval of a license agreement with 32 East Restaurant to allow a balcony to extend into the public right of way. (ADDENDUM) The City Attorney stated at the Workshop meeting the Commission gave direction for staff to come up with an agreement with 32 East Restaurant to address the use of having a balcony in the public right -of -way. The agreement will be annual and it may be renewed on an annual basis subject to the City Manager renewing it and the annual fee will be $5,000. The City Attorney stated 32 East will be required to pay an appropriate parking in -lieu fee which will be one space; they may not sub - license the premises to another entity and they will have to indemnify the City; and, if 32 East fails to abide by the terms of the agreement the City can terminate the agreement. He stated 32 East is in agreement with those terms. Mr. Frankel stated although he will support it he objects to the additional fees. Mr. Jacquet commented about a limitation with regard to the property. The City Attorney stated they cannot sub -lease or transfer it to someone else and the agreement is only with 32 East. Mr. Jacquet asked what happens if 32 East goes away and someone new comes into that same spot and wants to operate on the balcony. The City Attorney stated they would have to come to the City to enter into a like agreement. Mr. Frankel moved to approve the license agreement with 32 East Restaurant to allow a balcony to extend into the public right-of-way, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney Yes; Ms. Morrison — Yes; Mr. Jacquet Yes. Said motion passed with a 5 to 0 vote. 10.N. MODIFICATION NO. 3 TO THE NEIGHBORHOOD STABILIZATION PROGRAM - 1 (NSP -1) GRANT AGREEMENT: Consider approval of Modification No. 3 to the Neighborhood Stabilization Program (NSP -1) Grant Agreement to extend the contract ending date to August 15, 2013. (ADDENDUM) 19 01/15/13 Lula Butler, Director of Community Improvement, stated this item is for Modification No. 3 to the Neighborhood Stabilization Grant Agreement to extend the contract ending date to August 15, 2013. Mrs. Butler stated the NSP -1 Subgrant Agreement with Florida Department of Community Affairs (DCA) was executed on February 5, 2010. Awards were made based on the DCA two year contract period. DCA is initiating Subgrant Agreement Modifications for an additional year to allow local government's time to substantially complete projects. Mrs. Butler stated DCA requires the City to do this to put them in sync with all the grant agreements throughout the State. At the meeting of July 7, 2011, the City Commission approved to extend the contract date to February 4, 2012. At the September b, 2011 City Commission approved to extend the contract ending date to February 4, 2013. This modification will extend the contract ending date to August 15, 2013. For the record, Mrs. Butler stated under their agreement they were required to acquire and dispose of 18 units and staff expects by the August deadline that they will have bought and sold 25 units. Mrs. Gray moved to approve Modification No. 3 to the Neighborhood Stabilization Program -1 (NSP -1) Program Grant Agreement to extend the contract ending date to August 15, 2013, seconded Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 10. PUBLIC HEARINGS: ►.I_: 12. FIRST READINGS: 12.A. ORDINANCE NO. 01 -13: Consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 3.12, "Procedure" to provide that the requirement for a roll call vote be removed from the Charter and that the voting procedure shall be set forth in the rules of the Commission and that the votes need not be in the affirmative but there still must be three concurring votes on an item; providing for a referendum on March 12, 2013. If passed, a public bearing will be held on February 5, 2013. The caption of Ordinance No. 01 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 3.12, "PROCEDURE "; TO PROVIDE THAT THE REQUIREMENT FOR A ROLL CALL VOTE BE REMOVED FROM THE CHARTER AND THAT THE VOTING PROCEDURE SHALL BE SET FORTH IN THE RULES OF THE COMMISSION AND THAT THE VOTES NEED NOT BE IN THE AFFIRMATIVE BUT THERE STILL MUST BE THREE 20 01/15/13 CONCURRING VOTES ON AN ITEM; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013, PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 01 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated this was discussed at the Workshop meeting where the Commission gave direction to staff to draft an ordinance that modifies the City Charter to allow the Commission to address the voting procedures in their rules of procedure and not as currently required from the Charter that says it must be by roll call. The City Attorney stated he also modified the word "affirmative" to "concurring" that there would still be three (3) votes needed on any item. In his opinion, the City Attorney stated this does not change the Charter requirement that you must have a minimum of three (3) votes voting the same way and it could be either in the negative or the affirmative. Mrs. Gray stated there is a little confusion currently whether the Commission is voting in the affirmative or not and this piece she would like to see stay the same. The City Attorney stated he can remove that before second reading if the Commission wants to make everything in the affirmative but if the language is left in there then that may affect what the Commission can do in their local rules. Mr. Jacquet stated changing from "affirmative" to "concurring" he agrees with because he feels the Commission is confused with the way things are now. He stated by changing the word "affirmative" to "concurring" now you can actually make a motion to deny instead of saying "move to approve" then you have to vote "no ". Mr. Jacquet stated this is actually clarifying that. Mr. Jacquet stated he understands the first part allows them to move quicker on certain items but he expressed concern regarding the appearance of impropriety. Mr. Carney stated it provides that any Commissioner can call for a roll call. Mr. Jacquet stated the way the Charter is currently written makes the Commission accountable for their decisions. Mr. Jacquet stated the Commission has to be mindful of everything the City does and the public wants to make sure it is as transparent as possible. Mr. Jacquet stated although he agrees with the intent of this change to move quicker through the agenda items but has a little hesitation because when you have to say "yes" or "no" you are accountable to the public being more assured that you are making a decision and they know what decision you are making. Mr. Jacquet stated the second part he agrees 100% because it makes it easier to make a motion in the affirmative or the negative. Mayor Carney stated this belongs in the Local Rules and if the Commission decides down the road to change that in the Local Rules that is fine otherwise anytime the Commission wants to make a change on any item they have to go to the Charter and bring it to the voters. He expressed concern that this is exhausting for 21 01/15/13 the voters, the City Attorney, and the Commission. Mr. Carney stated we have to identify who the votes are so everyone will know who votes in favor and who votes against. Ms. Morrison briefly discussed the voting procedure and stated having been in the audience for the last several years she believes this way it makes it more transparent because everyone will be voting at the same time. Mr. Frankel moved to approve Ordinance No. 01 -13 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — No; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 1 vote, Commissioner Jacquet dissenting. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 13.A. City Manager Douglas E. Smith, Interim City Manager, congratulated and welcomed the newly appointed City Manager Louie Chapman. Secondly, Mr. Smith stated the Downtown Development Authority (DDA) has approved the Memorandum of Understanding (MOU) to come under the County Ethics Commission ordinance. Lastly, Mr. Smith stated Margie Walden, serves on the Palm Beach County Sports Commission and Executive Vice President for the Alliance of Delray has been working on coordination for the Sports group discussion and he will get in touch with Mr. George Linley, Executive Director of the Palm Beach County Sports Commission, to discuss that with them. Mr. Smith stated when they have their proposal ready staff will bring it back to the Commission for their consideration. 13.B. City Attorney The City Attorney stated the City has received a couple of Letters of Intent on the Old School Square retail space and staff is working through on developing contracts. He stated he is hoping to have those two contracts before the Commission on February 5, 2013; however, he is not sure because of certain advertising requirements. 13.C. City Commission 13.C.1. Ms. Morrison Ms. Morrison commented about how the Commission is going to move forward with its anti - violence efforts. She stated the walk on Saturday was great and noted there was a lot of community unity. Ms. Morrison asked if there will be a task force formed made up of police, citizens, and staff assigned to work on the City's anti- violence efforts. 22 01/15/13 Secondly, Ms. Morrison asked if there is going to be a Town Hall meeting this year. Mr. Smith stated last year the Commission approved for staff to not proceed with that format. However, Mr. Smith stated staff has something to bring to the Commission at the February 12, 2013 Workshop meeting that has been in the works for a while which involves more staff going out to associations and groups taking the information to them. 13.C.2. Mr. Jacquet Mr. Jacquet stated Rita Thrasher is in charge of an organization called "Breaking the Silence" (mental health issues, etc.) and she has been trying to organize here in bringing people together such as law enforcement, educators, and community leaders to have a conversation about violence in the community. Secondly, Mr. Jacquet stated with regard to comments expressed by Carol Anderson about the sidewalks downtown he noted there is good police presence downtown. Also, Mr. Jacquet commented about Mr. Humanik's comments and stated he would like staff to look at what other municipalities are doing regarding allowing comments on certain agenda items. 13.C.3. Mr. Frankel Mr. Frankel stated he had the pleasure of welcoming Chef Emeril Lagasse to Delray Beach today who taped two episodes for an upcoming show on Delray and he was very complimentary about Delray Beach. Mr. Frankel stated the show will air in March. 13.C.4. Mrs. Gray Mrs. Gray welcomed Louie Chapman to the City of Delray Beach where people can live, work, play, and raise their family. She stated Mr. Chapman will be great for the city. Secondly, Mrs. Gray stated she spoke to Mr. Smith about the City's public relations and feels for the last couple of years Delray Beach is relying on other magazines or sources to tell their versions of what we are doing. She stated although we have a website it is very limited to our story and would like to revisit this again. Mrs. Gray stated the MLK Breakfast is Monday, January 21, 2013 at the Spady Museum and urged everyone to purchase their tickets. Lastly, Mrs. Gray stated she attended the "Mothers Against Violence" March and Rally and it was a great turnout. She thanked everyone who participated. 23 01/15/13 13.C.5. Mayor Carney Mayor Carney stated he would like to study the issue about public comments on "agendaed" items and see if this is something we want to study in our local rules. Mr. Frankel pointed out that Mayor Carney may want to consider moving up the meeting versus having the meeting at 6:00 p.m. Secondly, Mayor Carney stated the Commission did away with the Town Hall meeting last year due to budget issues and there were also some concerns about lack of participation by the citizens. However, Mayor Carney suggested that the City now have two Town Hall meetings; one in April and one in October. Mayor Carney suggested that staff look into placing the newsletter back in with the water bills and staff can provide all kinds of information to them including how citizens can be more interactive with the City. Lastly, Mayor Carney suggested that Commission re- address the Downtown Master Plan for discussion at a Workshop meeting. There being no further business, Mayor Carney declared the meeting adjourned at 8:34 p.m. City Clerk ATTEST: 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 January 15, 2013 which Minutes were formally approved and adopted by the City Commission on February 19, 2013. City Clerk 24 01/15/13 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. 25 01/15/13 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF T1 4E CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS TO REDUCE THE BUILDING FRONTAGE SETBACKS FOR BELUGA RESTAURANT AND WINE BAR LOCATED AT THE NORTHWEST CORNER OF SE 2ND AVENUE AND SE 18T STREET 1. These waiver requests to reduce the building frontage setbacks for Beluga Restaurant and Wine Bard located at the northwest corner of SE 2'd Avenue and SE 1St Street came before the City Commission on January 15, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests to reduce the building frontage setbacks for Beluga Restaurant and Wine Bar. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection 1. I. WAIVER. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances, on other property for another applicant or owner. A. Waiver Requests: Waiver #1: A waiver to LDR Section 4.4.13(F)(4)(c)(1), Lower Levels — Ground floor to 25': A minimum of 70% and a maximum of 90% of the building frontage shall be set back no greater than 10' from the property line. The remaining length of the building shall be set back a minimum of 15' -0" from the property line. City Commission Meeting on January 15,2013; Item 1 0.A. The applicant has provided the following justification statement regarding the waiver request_ "Vile request relief of the 15' -0 minimum setback requirement to 14' -2" minimum setback for a length of 15' -10" along SE 2nd Avenue. This request is made because the existing structure is non - conforming to current LDR's_ However, the current design brings the existing non- conforming structure closer in conformance to the current LDR's by providing better relief versus the existing non - conforming structure. We believe the intent of the code is still maintained and therefor justification to grant the waiver." Does waiver request #1 meet all the requirements of 2,4.7(B)(5)? Yes V/ No 2. Waiver #2: A waiver to LDR Section 4.4.13 (F)(4)(c)(1), Lower Levels- Ground floor to 25': A minimum of 70% and a maximum of 90% of the building frontage shall be set back no greater than 10' from the property line. The remaining length of the building shall be set back a minimum of 15' -0" from the property line. For a height of 0' to 25' along SE 16t Street, the waiver request is to reduce the building frontage set back at 10' from the required 84' (120' of lot frontage x 70% =84') to the proposed 53'. The applicant has provided the following justification statement regarding the waiver request: "We request to this setback requirement (SE 1s' St.) to 45% because the calculated frontage is 120' -1 ", with 70% being 84' -0" and 90% being 108 " - 0 ". However, the existing non- conforming structure has a length of only 45' -1". The current proposed design increases the length to 62' -7" bringing the existing non - conforming structure closer in conformance to the current LDR's. Using the 62' -7" at 70% to 90% at 10' -0" maximum setback, the required length is 43' -9" to 56' -4" and the proposed design is within the requirements at 53' -6 ". Does waiver request #2 meet all the requirements of 2.4.7(B)(5)? Yes ✓ No 2 City Commission Meeting on January 15, 2013; Item 1 O.A. 3. Waiver #3: A waiver to LDR Section 4.4.13 (17)(4)(c)(2), Upper Levels- Above 25' to 48', at least 70% of the frontage shall be set back a minimum of 15' from the property line. The remaining length of the building shall comply with the minimum required setbacks. For a height of 25' to 48' along SE 15t Street, the waiver request is to reduce the building frontage set back at 15' from the required 84' (120' of lot frontage x 70% =84') to the proposed 66'. The applicant has provided the following justification statement regarding the waiver request; "We request relief of the 15' -0" minimum setback requirement for 70% of the frontage (SE Vt St.) in that we propose 55% (66' -6 ") of the frontage at 15' -0" minimum and 16% (18' -11 ») of the frontage at 8' -0" minimum. This request is made because the existing structure is non - conforming to current LDR's. However, the current design brings the existing non- conforming structure closer in conformance to the current LDR's by providing better relief versus the existing non - conforming structure. Does waiver request #3 meet all the requirements of 2.4.7(B)(5)? Yes ✓ No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves !l denies the waiver requests to LDR Section 4.4.13(F)(4)(c)(1) and (2). K City Commission Meeting on January 15, 2013; Item 10.A. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15th day of January, 2013, by a vote of 5 in favor and 0 opposed. Thomas F. Carney, Jr., Mayor ATTEST: - bi o Chevelle Nun, City Clerk ►,� City Commission Meeting on January 15, 2013; Item 10.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR LINTCO DEVELOPMENT 1. These waiver requests came before the City Commission on January 15, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Lintco Development at the northwest corner of Linton Boulevard and SW Ott' 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(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.9(D)(3)(c)(1) Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance between a right -of -way and the first parking space or aisle way in a parking lot that contains 51 or more spaces is fifty feet (50'). The applicant is asking for a waiver to reduce the stacking distance to twenty -eight feet nine inches (28'9 ") at the northern most entrance on SW 4th Avenue. Should the waiver to Section 4.6.9(D)(3)(c)(1) be granted? Yes No ✓ 1 City Commission Meeting on January 15, 2093; Item 1 0.B. 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies ✓ the waiver request. B. Based on the entire record before it, the City Commission hereby adopts this Order this 15th day of January 2013, by a vote of 3 in favor and 2 opposed. ATTEST: Thomas F. Carney, Jr. Mayor Chevelle Nubin, City Clerk 2 City Commission Meeting on January 15, 2013; Item 1 O.B. III THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH,. FLORIDA. ORDER OF THE: CITY COMMISSION OF THE CITY OF DELRAY BEAGH,. FLORIDA WAIVER REQUEST FOR DOWNTOWN BOWLING AT 45 NE 2 "d AVENUE 2013, ` 1. These waiver requests came before the City. Commission on January 115; 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Downtown Bowling at 45 NE 2nd Avenue. All of the evidence is a part of` the record in this case. Required findings are made in. accordance: with Subsection i, 1 WAIVER$: Pursuant to LDR: Section 2.4.7(13)(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 neighbaring area; (b) Shull 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 eircurnstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.18 (B)(14)(iy)(2) Pursuant to I-DR Section 4.6.18: (B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor of all. non - residential buildings shall be a minimum of 75% of the wall area for that elevation. The: applicant is asking for a waiver to reduce the minimum transparency or glass surface area on the ground floor along NE 2nd Avenue to 7.28 %. Should the walver'fo Section 4.6.18 (B)(14)C v)(2)' be granted? Yes y' No City Commission Meeting on January 15, 2013; Rem 1 0.C. 3. The City Commission has applied the Comprehensive Plan and LDR requirements In existent at the time the originall development. application Was; submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Flan. 4.: The City Commission finds there. is ample and; competent substantial' evidence to support its findings in the record submitted. and 'adopts the facts contained in the record including but not. limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies. the: waiver request. 6 Gassed on the entire record before it, the City Commission hereby adopts 'this Order this 15th day of January 2013, by a vote of 5 in favor and 0 "" opposed`. ATTEST; " Thomas F. Carney, Jr., Mayor Chevelle N.ubin; City Clerk 2 City Commission Meeting on January 15, 2013; Item 1 0.C. 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 FROM THE SPODAK DENTAL GROUP RELATING TO THE SURETY BOND REQUIREMENTS FOR THE SPODAK DENTAL GROUP FACILITY LOCATED ON THE NORTH. SIDE OF WEST ATLANTIC AVENUE, WEST OF HOMEWOOD BOULEVARD. AND,. IMMEDIATELY WEST OF THE DELRAY GARDEN CENTER' 1. This waiver request to waive the surety: requirements for the Spodak Dental Group came before the City Commission on January 15, 2013_ 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the surety bond. requirements. All of the evidence is apart of the record in this. case; Required findings are made in accordance with Subsection I. L: WAIVER: Pursuant to LDR Section 2,4:7(6) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a)' Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c); Shall not create an unsafe. situation; and, (d) Does not result. in the grant of a special privilege: in that the same waiver Would be granted under similar circumstances on other property for another applicant or owner. A, Waiver to the Surety Bond Requirements for Construction of Required Improvements to Service Land Development Projects: LDR Section 2.4.10(A) requires that a surety bond or other equivalent security instrument be provided for all site improvements to guarantee their installation and properfunction. The. waiver would waive the requirement for a surety bond for 110% of site improvements but still require a bond of 110% of the value for water and sewer infrastructure Does the waiver request meet all the requirements of 2.4.7(8)(5)? Yes f No City Commission Meeting on January 15, 2013; Item 10.D, 3. The City Commission has applied the ComprehensiVo Plan and LDR requirements in. existence at the time the original development application was submitted and finds that its determinations Set:forth in this Order are consistent with the Comprehensive Plan.. 4. The City Commission finds there: is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings.. 5 Based on. the entire record before it, the City Commission approves denies the waiver requests to LDR Section 2= 4.10(A) pursuant. to the condition that no Certificate of Occupancy be issued in any form for the facility prior to the completion and certification of all required site improvements. G'.: Based on the - entire record before it; the. City Commission hereby adopts: this Order this 15th day of January,. 2Q13; by a vote of 5 in favor and g. opposed. 2 Thomas R .Cafney, Jn , Mayo City Commission Meeting on January 15, 2013; Item 10.D.