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08-05-2014 Regular Meeting Minutes II AUGUST 5,2014 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at j City Hall at 6:00 p.m., Tuesday, August 5, 2014. 1. Roll call showed: Present - Vice Mayor Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent- None Also present were- Terry Stewart, Interim City Manager Noel Pfeffer, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Kathleen Gannon. 3. The Pledge of Allegiance to the flag of the United States of America was given. At this point, Mayor Glickstein recognized and commended the heroic efforts of the City's Ocean Rescue Officers Justin Walton and Sherry Griffith who assisted with the successful rescue of two individuals clinging to a capsized boat sinking two miles off the beach with a third individual trapped under the vessel. The medical team was unable to revive one of the individuals; two were saved by the efforts of the City's Ocean Rescue Officers who exemplify the professionalism of the many public safety professionals working for the city. 4. APPROVAL OF MINUTES: Deputy Vice Mayor Jarjura moved to approve the Minutes of the Regular Meeting of June 3, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet -- Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote. 5. PRESENTATIONS: A. None 08/05/14 At this point, the Commission moved to Comments and Inquiries on Agenda and Non-Agenda Items from the City Manager and the Public Immediately Following Presentations. 6.A. City Manager's response to prior public comments and inquiries. The Interim City Manager stated staff has been working on gathering information on social media policies from other communities and groups. He stated staff is putting together a draft/revision of the City's current policy which covers only City employees; it does not cover City Commissioners or any board members. The Interim City Manager stated staff will be looking to the Florida League of Cities and the Palm Beach County League of Cities for further guidance on that as well. Secondly, with regard to a previous concern expressed by Mayor Glickstein with regard to Committee appointments and removal procedures, the Interim City Manager stated staff has contacted the League of Cities and looked at other City processes for appointing and removing appointees. The Interim City Manager stated staff is compiling the information and will be discussing this with both he and the City Attorney for the City Commission's review. The Interim City Manager stated the City has been working with various organizations as well as some entrepreneurs with respect to the Business Accelerator Incubator Program. The Assistant City Manager and Economic Development Director have met with the Library and the CRA to review approaches to support for getting their Incubator Program in place and staff is working to make that happen. With regard to a concern expressed by Deputy Vice Mayor Jarjura regarding the status of a list of special events, the Interim City Manager stated a list of events from 2007 through July 2014 is being compiled (i.e. number, location, type, cost of the event, etc.). The Interim City Manager stated once the fiscal year-end report is compiled Ms. Davis will forward the report to him and he will share this with the Commission. With regard to concerns expressed by Ms. Morrison regarding the historic district, the Interim City Manager stated the Planning and Zoning staff has met with the City Manager and discussed the heightened awareness of potential Code Enforcement issues in historic districts. Staff has provided a copy of the City of West Palm Beach Chronic Nuisance Ordinance. The Interim City Manager stated Delray's Code Enforcement is putting together a revision to their service provision profile and he has asked them to put together a program that will help them manage the historic district sites much better and not run into the situation that we had before. With regard to Mr. Smith's presentation on July 21, 2014 Planning and Zoning Board meeting regarding S.A.F.E.'s twenty-five (25) recommended revisions to the Land Development Regulations, the Interim City Manager stated these recommendations have been shared with Treasure Coast Planning and they are revising the City's downtown LDRs. The Interim City Manager a presentation for the January 14, 2 08/05/14 i i I I 2015 City Commission Workshop meeting has been tentatively scheduled because January 2015 is the earliest that the S.A.F.E. representatives are available for the Workshop. With regard to a previous concern expressed by Dr. Kirson about Special Activities Districts (SAD's), the Interim City Manager stated Dr. Kirson talked about Delray Place and he came before the Planning and Zoning Board and Delray Place was denied as a Special Activities District. The Interim City Manager stated Special Activities Districts are established per individual projects and most development regulations are negotiated and put forth by individual ordinance. The Interim City Manager stated the Planning and Zoning staff has concerns over the consistency and predictability of projects that utilize the SAD process. With regard to a previous concern expressed by Deputy Vice Mayor Jarjura regarding LDR revisions and activating the ground floor heights and activating the ground floor of buildings, the Interim City Manager stated the Planning and Zoning staff along with Treasure Coast is paying close attention to the activation of the ground floor of buildings and the minimum floor to ceiling heights in the downtown LDR revisions improving the quality of the public ground through enhanced sidewalk widths and streetscaping is a top priority of the LDR revisions. With regard to streamlining and making the development review process more thorough, the Interim City Manager stated the revisions address the project review process where it pertains to increases in height and density. The Interim City Manager stated when there is a more consistently applicable set of rules that will help with the process to a great degree. He stated the request for increased height and density goes through a bonus review program via the site plan review. The Interim City Manager stated these revisions also recommend the creation of a Joint Downtown Advisory Board with representation of the CRA, Pineapple Grove, Main Street, etc. The Interim City Manager stated currently the LDR revisions are being presented to the advisory boards. The presentation and the recommendations are scheduled for August 18, 2014 at the Planning and Zoning Board for discussion only. The LDR revisions will go back to the Planning and Zoning Board to a Special meeting September 2014 for recommendations of the City Commission. The Interim City Manager stated depending on the results of the September Planning and Zoning Board meeting, staff anticipates a first reading of the revised LDRs at the City Commission meeting in October 2014. With regard to an assessment of exempt employees for overtime, the Interim City Manager stated as late as yesterday the Human Resources Director sent out a message to the department directors advising them that exempt employees are not eligible for overtime pay nor are they eligible for compensatory time off in lieu of overtime. Deputy Vice Mayor Jarjura expressed concern that there are exempt employees working a significant amount of off-hours (i.e. weekends/paid holidays, and beyond the 8-5) 08/05/14 because it has been brought up to her and other residents numerous times that there is abuse at that level. The Interim City Manager stated he will look into this. With regard to a previous concern expressed by Mr. Frankel regarding the fundraiser of the Arts Garage, the Interim City Manager stated the City Attorney is contacting the Arts Garage Board to find out the status and progress of the fundraising. The Interim City Manager stated Mr. Ganger who is a Member of the Rising Waters Task Force (a group of concerned citizens that began in 2014 to come up with recommendations for local actions to reduce the social/environmental economic impacts of flooding due to extreme rain events,tides, storm surge and sea-level rise. The Interim City Manager stated the City Commission's comments and suggestions at the January 2014 Workshop meeting are considered the genesis of the Rising Waters Task Force; the Task Force has met five (5) times in the city and the Sustainability Officer has been serving as the City's liaison to the Task Force in providing technical assistance to them.. The Interim City Manager stated the Task Force plans to present a report with their recommendations to the City Commission in April 2015 and their next meeting is scheduled for August 7, 2014 at the Environmental Services Department. The Interim City Manager stated the City has invited All Aboard Florida to a September 2014 City Commission Workshop meeting so that in depth discussion with them and the City Commission can take place. With regard to concerns expressed by Castillo and Mr. Humanik, the Interim City Manager stated staff presented a comprehensive review of the potential parking management fund in January which included a fee-based component. Staff will go back to the City Commission to present a fee-based parking program and seek direction on implementation. With regard to Mr. Knight's suggestion about having a change machine for the parking meters, the Interim City Manager stated staff is researching options and currently a budget of approximately $10,000 should be sufficient to purchase and install such machines. The Interim City Manager these change machines are needed and he will follow up with staff regarding this. With regard to Deputy Vice Mayor Jarjura's previous suggestion about getting sidewalks on A-1-A, the Interim City Manager stated staff has contacted FDOT but does not have a definitive answer at this time. However, the Interim City Manager stated staff will follow-up and get back to the Commission once a determination is made. The Interim City Manager stated the Police policy over parking prohibits parking if there are "No Parking" signs. The Interim City Manager stated moving forward the City will be reviewing/updating its current policy for installation of "No Parking" signs. He stated "No Parking' sign installations will be halted until this review 4 08/05/14 is complete. The Interim City Manager informed the Commission that there is some discussion that the City is doing this in violation of the current traffic code on signs. The Interim City Manager stated people are interpreting that it has to have a traffic study before putting up a "No Parking" sign but this is not accurate. Staff will come back to the City Commission with a recommendation. The Interim City Manager stated Republic is not doing any garbage service in the city but it appears that the Solid Waste Authority (SWA) hired Republic to service recycling containers in public places that are located in approved areas which are provided for by SWA. The Interim City Manager stated the City has not documented any activity on Swinton Avenue by Republic and he believes the area where this was reported having been seen is close to a County area. The Interim City Manager stated Deputy Vice Mayor Jar ura previously spoke about the blitz of historic resources and Mayor Glickstein's expressed concern about Code Enforcement and priorities, the Interim City Manager stated this relates to the same issue staff is working on comprehensive redeployment of Code Enforcement. The Interim City Manager stated one of the terms that will commence as of August 11, 2014 is a full scale blitz with each historic district to identify and catalog properties that need attention. He stated once staff has done this, they will work with the property owners to gain compliance or issue violations if necessary. The Interim City Manager stated he will be bringing some recommendations forward to the City Commission about how to make the City's enforcement more reliable. 6.5. From the Public. 6.13.1. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane 42110, Delray Beach FL 33444 President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance commented about Item 9.C., Settlement, Release and Non-Disclosure Agreement/Vincent Gray. In his opinion, Mr. Gray does not do anything wrong or say anything wrong, be gives no slack to anyone who violates the law, and if the law is violated he hangs in there until it is proven right. 6.8.2. Jim Smith, 1225 South Ocean Boulevard, Delrav Beach, FL 33483 (Chairman of S.A.F.E.), stated this past Sunday and yesterday at a meeting that S.A.F.E. President Charlie Bonfield and he had with Metropolitan Planning Organization Location West Palm Beach Executive Director Nick Uhren and tonight S.A.F.E. announces its full support for All Aboard Florida and its commitment to a sealed corridor as recommended by the FRA and enriched by FDOT. Mr. Smith stated a sealed corridor means that there will be quiet zones at a reasonable cost for municipalities and there will no longer be fatalities at intersections. 6.8.3. Betly Goodman 930 S.W. 111h Terrace Delray Beach FL 33444 cornrnented about the overgrown grass at 8h and I Ot (west of Spady) and asked that the City cut the grass area while they cut the retention pond. 5 08/05/14 i I I 6.8.4. K.C. Traylor, Palm City, Florida, Florida "Not" All Aboard, stated with regard to the safety of the high-sealed corridors; there are 236 crossings between Miami and St. Lucie County; 114 of those are in Palm Beach County but only 19 of those crossings will meet the sealed corridor requirements. Ms. Traylor invited everyone to an informational forum about the All Aboard Florida Project and stated they will be hosting this at the Delray Beach Public Library on August 23, 2014 from 9:00 a.m. 10:30 a.m. Ms. Traylor stated she spoke with the Transportation Manager from Tri-Rail in regards to Tri-Rail moving to the FEC line and freight traffic moving to the CSX line. She stated All Aboard Florida will use the FEC corridor that bisects downtown Delray Beach and Tri-Rail currently uses the CSX lines mainly west of I-95. Ms. Traylor stated CSX and FEC have yet to reach an agreement even though two connector lines (one in Miami and one in West Palm Beach)has been appropriated and is planned through FDOT in the next three (3) years. However, if the agreement does come to fruition some freight will remain on FEC line to service some of the customers along this line. Ms. Traylor stated in addition to the 32 high-speed All Aboard Florida trains there will be 24-26 tri-rail trains so there will be approximately 56-58 trains traveling through Delray Beach daily plus freight. Ms. Traylor stated to date Tri-Rail does not have an official agreement with FEC to gain official access to their corridor. Ms. Traylor stated until an access agreement is signed, Tri-Rail cannot project the amount of money needed from the communities to see if they can even afford to add this service. 6.13.5. Allen Rossin,Attorney speaking on behalf of Ralph Phillips re2ardin� Item 9.C., stated Mr. Phillips is an Assistant retired Chief with the City of Delray Beach Police Department serving with distinction and honor throughout his 29 years. Mr. Rossin stated the allegations against Mr. Phillips all relate to his conduct as an Assistant Chief and this investigation has been ongoing for several years. Mr. Rossin stated while the City provided defense to itself and Chief Strianese, it has refused to provide a defense to retired Assistant Chief Phillips for any of his legal fees which he has paid out of his own pocket. Mr. Rossin stated they have filed a cross claim seeking reimbursement over his legal fees. Mr. Rossin stated this right of reimbursement is based upon long g g p g established common law principles which requires that a governmental agency must reimburse its employees for claims based upon and rising out of their duties even if it does agree with those actions. In addition, Mr. Rossin stated it is also based upon Florida Statutes Section 111.07 which provides for reimbursement to an employee of any governmental entity. In addition, he commented about a 4a' District Court of Appeals case which governs the jurisdiction and in that case the City is required mandate about the 4b DCA to pay for the City's, Mayor's, and Attorney's fees in that case. Mr. Phillips has provided to the Cozninission a packet which sets forth the allegations which he requests the City to review before making any approval. 6.B.6. Chuck Ridley, 210 N.W. 2'd Avenue, Delray Beach, FL 33444, stated Delray Beach has had a tough relationship within the African-American community and its Police Department and as African-Americans progress up the ranks it would reach the rank of Captain and the African-American believes the position that they were seeking comes back into play. Mr. Ridley stated many citizens who live in the northwest/southwest sections are seeking answers to what appears to be unfair process 6 08/05/14 I and he urged City Commission to look into this to see if this is unfair and whether or not the community's perceptions are wrong. i 6.13.7. Alan Schlossberg, 200 MacFarlane Drive #N-502, Delray Beach, FL 33483, stated he is disappointed in S.A.F.E. for taking such a narrow position about the trains and the traffic this will create in Delray Beach. Mr. Schlossberg read a poem into the record and urged the Commission to consider a resolution and hold a Workshop meeting to discuss the pros and cons with regard to All Aboard Florida. 6.13.8. Dr. Josh Smith, 3616 Avenue De Gien, Delray Beach, FL 33445, commented about Sober Houses and stated he understands that it makes it extremely difficult for City departments to be effectively counter the types of things that go on there. Dr. Smith stated there is a phenomenal amount of cash involved that probably holds a significant factor with regard to the difficulty that the City and County is attempting to deal with sober houses. He stated Code Enforcement and the Police Department are extremely frustrated as well. Dr. Smith requested that the Code Enforcement Department and Police Department re-review their policies to ensure that there are no loops holes that can be exploited in dealing with this. 6.11.9. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, thanked Mr. Stewart for addressing her comments from the Iast meeting regarding the hiring of Republic to do the City's recycling. Secondly, Ms. Moody commented about Mr. Gray's settlement and asked why Item 9.C. is on the Agenda. 6.11.10. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, commented about the trains and suggested that the City do a trial run through the city on both sides of the railroad tracks and produce a schedule with tracks and shutdowns so that the City can actually see it before agreeing to it. 6.13.11. Jim Knight, 10 S.E. I't Avenue, Delray Beach, FL 33444, thanked everyone for getting involved for Children in Need event and stated it was a great turnout. At this point, Commissioner Jacquet recognized a student present this evening whose parents grew up here but are currently in New Jersey; a 10th grader gifted student who is part of the Model Congress Program which is the Legislative Program from Memorial High School in New Jersey. 7. AGENDA APPROVAL. Deputy Vice Mayor Jarjura requested that Item S.B., Increase Spending Limit/Classic Auto Collision be moved to the regular agenda as Item 9.A.A., Item S.D., Increase Spending Limit/Hector Turf, be moved to the regular agenda as Item 9.A.A.A., and Item S.C., Increase Spending Limit/Southeast Truck Specialist be moved 7 08/05/14 to the regular agenda as Item.9.A.A.A.A. Mr. Frankel moved to approve the Agenda as amended, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet—Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. ON-LINE AUCTION WEBSITEI GOVDEALS.COM: Approve the sale of assets with an estimated market value greater than $10,000.00 through the on-line auction website GovDeals.com. This is in compliance with Code of Ordinances, Chapter 36, Section 36.08 (C), "Disposal of Non-Real Property; Market Value Greater than Ten Thousand Dollars ($10,000.00)". Funding is available from 501-3311-591-34.90 (Garage Fund: Other Contractual Service). S.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. S.C. TINS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. I I S.E. PROJECT AGREEMENT/FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION/CLEAN VESSEL ACT GRANT PROGRAM: Approve a Project Agreement between Florida Department of Environmental Protection and the City of Delray Beach for the Clean Vessel Act Grant Program for reimbursable funding in the amount of $10,959.36 for maintenance and repairs at the Municipal Marina. 8.F. FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT/INTERIM CITY MANAGER TERRANCE STEWART: Approve the First Amendment to the Employment Agreement with Interim City Manager Terrance Stewart to extend the term of the agreement in order to allow sufficient time for the City Manager recruitment. 8.G. PROCLAMATIONS: 1. Water Professionals Month—August 2014 S.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 14, 2014 through July 25, 2014. 8 08/05/14 i AWARD OF BIDS AND CONTRACTS: 1. Bid award to Pro Courts (Bid No. 2014-31) in the amount of $31,818.00 for the resurfacing of seven (7) Har-Tru clay courts at the Swim and Tennis Club and six (6) Hydroblend clay courts at the Tennis Center. This is in accordance with Code of Ordinances, Chapter 36.03 (A), "Acquisitions of Twenty-Five Thousand Dollars ($25,000.00) or Greater". Funding is available from 334- 4145-572-46.90 (General Construction Fund: Repair & Maintenance Services/Other Repair/Maintenance Costs). 2. Purchase award to Garber Chevrolet (FSA Contract #13-210904) in the amount of$40,206.00 for two (2) replacement vehicles that have exceeded their life expectancy, reached life-to-date repair costs at or beyond 100% of their original cost, and have accrued excessive mileage, beyond 100,000 miles. This award is in compliance with Chapter 36, Section 36.02(C)(7)(a), "Utilization of Other Governmental Entities' Contract". Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery/Equipment/Automotive). 8.J. LETTER OF SUPPORTIJUSTICE ASSISTANCE GRANT (JAG) FUND: Authorize the Mayor to sign a letter in support of funding allocations for Countywide Justice Assistance Grant(JAG)funds for FY 2015. (ADDENDUM) Deputy Vice Mayor Jarjura moved to approve the Consent Agenda as amended, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia— Yes; Mr. Jacquet— Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. INCREASE SPENDING LIMITICLASSIC AUTO COLLISION: Approve an increase to the spending limit for Classic Auto Collision to $45,000.00 for repairs to the City's vehicles. This purchase award is in compliance with Code of Ordinances, Chapter 36, Section 36.03 (B), "Multiple Acquisitions From Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year". Funding is available from 501-3311-591-52.52 (Garage Fund: Operating Supplies/C.G. — Outside Service). Deputy Vice Mayor Jarjura clarified that this is before the Commission because it exceeds the minimum threshold and it would need retroactive approval. She stated she is glad that staff is correcting it; however, Deputy Vice Mayor Jarjura stated whether this is on the Consent or Regular Agenda she feels it should be clearly noted on the Agenda that items such as these are for retroactive approval. The Interim City Manager stated the City has had an ongoing issue about purchasing and what the City's 9 08/05/14 i i i practices have been in the past. The Interim City Manager stated it was discovered that there was a lack of reporting tools that would allow staff to find out information they needed before they went ahead and made an order as to whether or not they would exceed the amount. The Interim City Manager stated over the last several weeks staff has worked very hard to put together a set of reporting tools that gives the ability to identify those areas where there are vendors where the $25,000 amount has been exceeded or whether there is not an approval to exceed the $25,000. Staff will be coming back to the Commission to ask for retroactive approval because everything that was supposed to have been in order to make the purchases has been done except for seeking Commission approval. Deputy Vice Mayor Jarjura stated she appreciates the acknowledgement that the City is working to comply with the procurement code and any deviations from that procurement code are going to be brought to the Commission and disclose it. Vice Mayor Petrolia stated she appreciates that the Interim City Manager is bringing these things before the City Commission. She expressed concern that the City of Delray Beach has experienced an unusually high number (more than 30) of truck accidents resulting in body repair shops.and asked where the accidents are happening and are these City vehicles or Police Department vehicles. The Interim City Manager stated staff will get a response for Vice Mayor Petrolia and noted that he will be advertising for a Purchasing Manager. Deputy Vice Mayor Jarjura moved to approve Item 9.A.A. (formerly Item 8.8.), seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia— Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9-A.A.A. INCREASE SPENDING LIMIT/HECTOR TURF: Approve an increase to the spending limit for Hector Turf to $40,000.00 for lawn mower and tractor repair parts related purchases. This purchase award is in compliance with Code of Ordinances, Chapter 36, Section 36.03 (B), "Multiple Acquisitions From Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year". Funding is available from multiple accounts. Deputy Vice Mayor Jarjura stated her comments are the same as the previous item. Mr. Jacquet stated he understands the concern that when doing something retroactively it should come before the Commission; however, after the Interim City Manager's explanation it makes sense that this is really a housekeeping issue. Deputy Vice Mayor Jarjura moved to approve Item 9.A.A.A. (formerly Item 8.C.), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia--- Yes; Mr. Jacquet Yes; Mr. Frankel i 10 08/05/14 Yes; Deputy Vice Mayor Jarjura—Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A. INCREASE SPENDING LIMIT/SOUTHEAST TRUCK SPECIALIST: Approve an increase to the spending limit for Southeast Truck Specialist to $35,000.00 for repairs to the City's emergency vehicles. This purchase award is in compliance with Code of Ordinances, Chapter 36, Section 36-03 (B), "Multiple Acquisitions From Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year". Funding is available from 501-3311-591-52.52 (Garage fund: Operating Supplies/C.G. —Outside Service). Vice Mayor Petrolia inquired about a transaction amount of $15,399.00. Randal Krejearek, Director of Environmental Services, stated staff will get the information and report back to the Commission. Vice Mayor Petrolia moved to approve Item 9.A.A.A. (formerly Item. 8.D.), seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia—Yes; Mr. Jacquet—Yes; Mr. Frankel—Yes; Deputy Vice Mayor Jarjura—Yes; Mayor Glickstein—Yes. Said motion passed with a 5 to 0 vote. I 9.A. APPEAL OF SITE PLAN REVIEW APPEARANCE BOARD'S DECISION: G. SOUARED VENTURES, LLC.: Consider an appeal by G. Squared Ventures, LLC., of the Site Plan Review and Appearance Board's Decision to approve a requested color change for a commercial building located at 96 S.E. 6t'' Avenue. (Quasi- Judicial Hearing) Mayor Glickstein read the City of Delray Beach Quasi-Judicial rules into the record for this item and all subsequent Quasi-Judicial items. The City Clerk swore in those individuals who wished to give testimony on this item. I Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Jacquet stated he had no ex parte communications. Vice Mayor Petrolia stated she spoke to the applicant. Mayor Glickstein stated he had no ex parte communications. Deputy Vice Mayor Jarjura stated she spoke to the applicant, conference call with Mr. Dana Little and also via email. Mr. Frankel stated he had no ex parte communications. i Dana Little, Director of Planning and Zoning, stated this item is the appeal of the Site Plan Review and Appearance Board (SPRAB) decision for G. Squared Ventures, LLC and the subject property is located at the northwest corner of S.E. 6,h Avenue and S.E. 1" Street. Mr. Little stated the initial request was to change wall colors from a light pink to a yellow mustard color with light grey color for the columns, banding and roof canopy. At its meeting of April 23, 2014, the Site Plan Review and Appearance Board (SPRAB) reviewed and postponed the color change and recommended the applicant tone down the yellow mustard color and consider eliminating the proposed i 11 08/05/14 circles displayed on the building elevations. On May 14, 2014, the applicant resubmitted the color change request and the applicant toned down the color that advertised the number "98" which is the address of the business. On June 11, 2014, the applicant resubmitted the color change for a third time eliminating the circle features, toned down the yellow mustard color replacing it with a subdued light yellow color, but maintained the grey color on the barrel tile of the roof canopy. After lengthy discussion, the Board denied the color change with a 3 to 2 vote (Jose Aguila and James Knight in favor of the request and Rustem Kuppi, Terra Spero and Alice Finst against the color change request). Staff recommends City Commission discretion for the color change. Gavin Robin, 98 S.E. 6th Avenue, Delray Beach, FL 33483 (applicant), stated they are a full service ad agency which services many clients on a national level. Mr. Robin stated the outside of their building should reflect who they are and he explained that they are mimicking the restaurant across the street which is a yellow building with a grey awning. He stated they are modernizing the building so that the inside of the building is aligned with the outside of building. Mayor Glickstein stated if anyone ftom the public would like to speak in favor or in opposition of the appeal of SPRAB's decision for G. Squared Ventures, LLC, to come forward at this time. There being no one ftom the public who wished to address the Commission, the public comment was closed. There was no cross-examination. There was no rebuttal. Vice Mayor Petrolia stated she went to the site and feels that what is currently there is offensive. She stated by this business bringing in local and international clients, she feels the City should allow the outside to reflect the inside. Vice Mayor Petrolia stated she does not find anything offensive about it and does not have a problem with the applicant's first choice or his second choice in going forward. Deputy Vice Mayor Jarjura concurs with comments expressed by Vice Mayor Petrolia and stated she supports either plan. Mr. Frankel inquired as to why staff has recommended Commission discretion with respect to this item. In response, Mr. Little stated there is no finding of fact and no true measureable criteria by which staff can make a recommendation to the City Commission and say that with no uncertainty that staff is confident that this is the right decision. Mr. Little stated this is a subjective decision. Mr. Frankel stated he does not see anything wrong with the proposal and concurs with Deputy Vice Mayor Jarjura that it should not be made difficult for businesses but feels the city should encourage them. Mr. Jacquet expressed concern that the recommendation of this item is City Commission discretion. Mr. Jacquet expressed concern that the City Commission i 12 08/05/14 I nominates people that are qualified and have a specific area of expertise to serve on SPRAB and their specific responsibility is to look at color and whether it is compatible. Mr. Jacquet stated this building is unique and the art on the building will reflect the inside of the building and it is unique to the downtown. The Interim City Manager stated if there is a concern that people are going through this process of people going through SPRAB and it being overbearing in some way, he asked the Commission if they have any recommendations on any modifications. Mayor Glickstein stated the architecture is so dated that he disagrees with SPRAB in taking out those elements which somewhat diminish that dated look (i.e. the circles in particular where those circles are placed in relation to the stucco that make up the arches to the windows; and, the numbers). Mayor Glickstein stated he supports this based on the original design and suggested that the paint color be a tone down yellow. He stated the applicant's idea furthers the goal of taking your eye away from the dated nature of the architecture which appears to not be changing at all. Mr. Little stated there are no physical changes to the building except for the inside and the landscaping. Mayor Glickstein asked the applicant which of these design elements he would prefer. Mr. Robin stated he prefers the design that has more character(the 98 with the circles). Mr. Little stated he was not present at the SPRAB meeting. However, Mr. Little stated this raises the question as to whether or not this city wants to regulate color; some cities do and some cities do not. Mayor Glickstein asked Mr. Little with respect to the Board Order whether or not this is compatible and adds to the area or does it detract from the area. In response, Mr. Little stated he does not believe any of the versions that have been brought forward detract from the area especially considering the criteria by which they must be measured; he does not see how the paint job on this building which would provide some unique character and freshness, in any way detracts from fitness, harmony, or spaciousness of the city. Therefore, Mr. Little stated he would support any of the exhibits. It was the consensus of the Commission to support Exhibit#1. 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 approve the Board Order and Exhibit #1, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet—Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein— Yes; Vice Mayor Petrolia---Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:30 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEAMNGS: 13 08/05/14 10.A. PUBLIC COMMENTS/FY 2014 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2014 Proposed Budget at this time. The following individuals gave public comment on the fiscal year 2014 proposed budget: Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane 42110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the AIliance), stated the tennis tournament contract is poorly written and suggested that the City sell the entire facility privately. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483 Chairman of S.A.F.E.1, urged the Commission to add a traffic engineer position to the budget and stated the Atlantic Crossing report suffered by not requiring a traffic count and a future traffic plan. He feels this would not have been the case if the city had done an in-house traffic study performed by a qualified traffic engineer. Mr. Smith suggested that the new position be funded by eliminating budgeted funds for outside traffic studies budgeted in the Planning and Zoning and Environmental Services proposed budget and by charging future developers for a traffic study that the city performs. He urged the Commission to let the voters decide whether or not they want to pay for an internal audit position by a Charter vote in March and suggested that the city check with the City of Sarasota (a city of comparable size). Mr. Smith commented about the money that has been spent on the tennis center every year for the last 20 years and he suggested that the private sector take over the operations of the tennis center. He suggested that the Commission appoint the Mayor to renegotiate with the goal of reducing the city's annual cost exposure from $2 million to $1 million or hire an outside negotiated who understands tennis operations to do this for the city. Christina Morrison, 2809 Florida Boulevard Apt. #207, Delray Beach, FL 33483, stated she concurs with comments expressed by Mr. Smith for the City to hire an internal auditor. Secondly, Ms. Morrison gave a few brief comments on the budget and ad valorem tax dollars. She stated approximately 1,000 properties generate no ad valorem tax dollars and another 6,000 of the property parcels generate $200 or less in ad valorem tax dollars creating a burden on the employers located in the city. Also, there are multiple layers of administrative cots affecting the downtown area (i.e. City, CRA, DDA, DBMC all creating duplication of administrative costs in this area of the city). She stated this is causing a heavy tax burden on the downtown property owners making it very difficult for the downtown businesses to stay competitive with other municipalities in Palm Beach County and along the Gold Coast. Ms. Morrison briefly commented about the Parks and Recreation Department budget and stated the Parks and Recreation Department accounts for over 16% of the City's expenses and only generates 1.2% of the City's income. She stated the beach had 1.8 million visitors in 2013 making this the most used park in the city. 14 08/05/14 Yvonne Odom, 3905 Lowson Boulevard, Delray Beach,FL 33445, supports the recommendation of a study for the tennis center and does not want to see the City get rid of it. Ms. Odom stated here are grant opportunities from the State of Florida and noted the future is in tennis. Ms. Odom urged the Commission to look at ways the City can make the tennis center profitable. I Secondly, Ms. Odom commented about the budget for the Boys and Girls Club ($0425,000) and stated there should be a compromise somewhere in the middle because they are servicing Delray kids. She stated there should be money at the table so that the City can make some demands for the kids because they are the charity of major league baseball and neither league do they participate with. Ms. Odom stated that might be some leverage the City can use so that the Boys and Girls Club can get kids involved in baseball. At this point, the time being 7:41 p.m., the Commission moved to Item 10.B., Ordinance No. 19-14. 10.11. ORDINANCE NO. 19-14 (SECOND READING): Consider an amendment to the Land Development Regulations (LDR), by amending Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection (E), "Locations of Parking Spaces", Sub-Subsections (3), "In-Lieu Fee" and (4), "Public Parking Fee", to reflect fee changes for same. The caption of Ordinance No. 19-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION (E), "LOCATIONS OF PARKING SPACES", SUB-SUBSECTIONS (3), "IN- LIEU FEE", AND (4), "PUBLIC PARKING FEE", TO REFLECT FEE CHANGES FOR SAME; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 19-14 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. I i 15 08/05/14 i Randal Krejcarek, Director of Environmental Services, stated this ordinance is for changing the in-lieu and public parking fees which is an incentive for development in the core business area. Mr. Krejcarek stated there are four (4) areas: (1) east of the Intracoastal, (2) area between the Intracoastal and 1st Avenue, (3) Pineapple Grove OSSHAD area, (4) West Atlantic area. He stated this ordinance will combine Areas 1 & 2 which will now be Area 1, Area 3 will now be Area 2, and Area 4 is now Area 3. Mr. Krejcarek stated the change that is being proposed is the combination of Areas 1 & 2. Although it is not part of second reading of this ordinance, Mr. Krejcarek displayed an alternative that was presented at the last Pineapple Grove Main Street Board meeting about providing incentives for the area referred to as Artists Alley (northeast corner of Pineapple Grove Way). He stated there was discussion at the meeting to keep those rates similar to what is being proposed in Area 3 and the lower area of Area 1 (south of S.E. 2°0 Street)to incentivize that area and keep that the same as Area 3. Mayor Glickstein asked if the Commission can consider anything that was not part of the first reading. The City Attorney stated the Commission cannot consider the second alternative because the City has to notice the people affected. With respect to the color chart, Mayor Glickstein clarified that one and two are combined and Pineapple Grove and West Atlantic are still as they were. Mayor Glickstein stated the Pineapple Grove Main Street Board (PGMSB) requested that the parking alley remain at the current rate and there was also some recommendation to extend that south of Atlantic Avenue along Swinton Avenue. Mr. Krejcarek stated they were looking for a way to incentivize the Artists Alley area. Mayor Glickstein stated the fee increases are long overdue in terms of what it cost for an in-lieu payment relative to the cost of a parking space. Mr. Krejcarek stated Area 2 has a fair amount of public parking spaces available. Mayor Glickstein stated the increases are reasonable but are very low and the cost of producing those parking spaces will continue to escalate. Mr. Jacquet stated when this was first discussed he brought up the S.E. 2nd Street portion because he felt we needed to incentive that area. Therefore, Mr. Jacquet stated he supports the portion south of S.E. 2"d Street to S.E. 4d' Street and putting that into Area 3 (although he realizes this is not what is before the Commission this evening). Mayor Glickstein declared the public hearing open. Jim Knight, 10 S.E. 15` Avenue, Delray Beach, FL 33444, stated he agrees with comments expressed about the third map; however, he suggested starting it at nd 2 Street to the convenience store on the corner to help this industrial area. In addition, Mr. Knight suggested that the concrete pillars be taken out along the railroad tracks and public parking be put in this area. There being no one else from the public who wished to address the Commission regarding Ordinance No. 19-14, the public hearing was closed. Mr. Krejcarck suggested that the Commission move forward with what is in front of the Commission tonight but that staff would modify the ordinance to include 16 08/05/14 the alternative area. After brief discussion, the majority of the Commission (with the exception of Commissioner Frankel) stated they support moving this forward with staff to revisit the Pineapple Grove area. i Mr. Jacquet moved to approve Ordinance No. 19-14 subject to staff revisiting the Pineapple Grove area, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mr. Frankel — No; Deputy Vice Mayor Jarjura-- Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet -- Yes. Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting. 10.C. ORDINANCE NO. 2244 FIRST READINGIFIRST PUBLIC HEARING): Consider an amendment to the Land Development Regulations (LDR) of the City of Delray Beach, establishing a temporary building moratorium on facilities offering the retail sale or transfer of dogs and/or cats as fiirther defined herein for a period of six (6) months from the date of adoption of this ordinance; providing for geographic area covered; providing for the duration of moratorium. If passed, a second public hearing will be held on August 19, 2014. 1 The caption of Ordinance No. 22-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ESTABLISHING A TEMPORARY BUILDING MORATORIUM ON FACILITIES OFFERING THE RETAIL SALE OR TRANSFER OF DOGS AND/OR CATS AS FURTHER DEFINED HEREIN FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA COVERED; PROVIDING FOR THE DURATION OF MORATORIUM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22-14 is on Mile in the City Clerk's office.) 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 read the caption of the ordinance and stated the version has been modified to read "retail shops offering for sale dogs and cats" do not affect retail shops that offer for sale pet accessories, supplies, grooming services, or other types of 17 08/05/14 animals. The City Attorney stated the reason for this moratorium is because it is the merging field of these regulations across the country and Florida. Furthermore, the City Attorney stated many local governments are enacting them and also to monitor an emerging field of litigation so there is better direction on what the parameters and scope of what type of an ordinance the City will enact so that it is defensible and enforceable as possible. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 22-14, the public hearing was closed. Mr. Frankel asked how many retail establishments are in Delray Beach. The City Attorney stated he believes there is one. Mr. Frankel stated he respects the work that staff has done regarding this ordinance; however, he stated he feels this is a Federal issue. The City Attorney stated he is not taking any position on whether or not the Commission votes to approve or not approve the final ordinance but the purpose of this moratorium is to allow time so whatever that ordinance looks like it is in accord with the current state of the law at that time. Mr. Jacquet stated he does not support this moratorium. Deputy Vice Mayor Jarjura stated because so many municipalities are passing this new puppy mill legislation and the City of Delray Beach'does not have one currently in place she feels there is some concern that the cities that do not have anti- puppy mill legislation on the books, that there is going to be a flood of pet stores opening up in those municipalities. I The City Attorney stated the fundamental purpose of a moratorium is to maintain the status quo for a reasonable period (six months with respect to this moratorium). The City Attorney reiterated that this is to maintain status quo while studying the subject matter and hopefully get some court rulings that might suggest what the scope of local regulation may be. The City Attorney stated as pointed out'by Commissioner Frankel, it may be a subject matter on a Federal level, but there probably if the Commission chooses to, is some local regulation that could occur and that is what is traveling through the courts right now. Vice Mayor Petrolia stated she supports the ordinance and believes this is fair. I Mayor Glickstein stated that this may be preempted through state or federal legislation but in the meantime it does not impact the existing business in a negative way. Mayor Glickstein stated he has always struggled with impacting an existing business with new rules and regulations, however, Mayor Glickstein stated he concluded that the benefits outweigh the negative aspects of doing that in this particular case and he supports the moratorium. 18 08/05/14 Deputy Vice Mayor Jarjura moved to approve Ordinance No. 22-14 on j First Reading/First Public Hearing, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — No; Mr. Frankel — No. Said motion passed with a 3 to 2 vote, Commissioner Jacquet and Commissioner Frankel dissenting. i 10.D. ORDINANCE NO. 21-14 (SECOND READING): Consider amending Chapter 35, "Employee Policies and Benefits", Section 35.105, "Administration by Retirement Committee", Subsection (A)(1), "Retirement Committee Established", to require the Chief Financial Officer or Treasurer to be a member of the general employee's retirement committee. The caption of Ordinance No. 21-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SECTION, "35.105, "ADMINISTRATION BY RETIREMENT COMMITTEE", SUBSECTION (A)(1), "RETIREMENT COMMITTEE ESTABLISHED", TO REQUIRE THE CHIEF FINANCIAL OFFICER OR TREASURER TO BE A MEMBER OF THE GENERAL EMPLOYEE'S RETIREMENT COMMITTEE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. I (The official copy of Ordinance No. 21-14 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated this ordinance clarifies that if the Chief Financial Officer cannot serve for any reason the Treasurer of the City will take his place with respect to the Pension Boards. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 21-14, the public hearing was closed. Mr. Jacquet moved to adopt Ordinance No. 21-14 on Second and FINAL Reading, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia Yes; Mr. Jacquet — Yes; Mr. Frankel —Yes; Deputy Vice Mayor Jarjura Yes. Said motion passed with a 5 to 0 vote. 10.E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED ANNUAL ACTION PLAN FY 2014-15: Consider approval of the CDBG Consolidated Annual Action Plan FY 2014-15 as required by the United States 19 08/05/14 Department of Housing & Urban Development(HUD) for utilization of federal grant funds. i Lula Butler, Director of Community Improvement, stated this item is to approve 2014-15 Annual Action Plan as required by the Housing and Urban Development (HUD) for the Community Redevelopment Block Grant dollars. Ms. Butler stated HUD requires the City create citizens input and noted that two (2) public hearings be held. The CDBG Consolidated Annual Action Plan for fiscal year 2014-15 must be submitted to the Department of Housing and Urban Development (HUD) by August 15, 2014. Mr. Frankel moved to approve the CDBG Consolidated Annual Action Plan for fiscal year 2014-15 as required the Department of Housing and Urban Development (HUD), seconded by Deputy Vice Mayor Jai*a. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet Yes; Mr. Frankel Yes; Deputy Vice Mayor Jarjura— Yes; Mayor Glickstein— Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:10 p.m., the Commission moved back to Item 9.11., of the Regular Agenda. 9.13. IN-LIEU OF PARKING FEE REQUESTIMINDFUL MANAGEMENT: Consider approval of a request from Mindful Management for the purchase of two (2) in-lieu parking spaces located at 280-290 N.E. 2M Avenue at a cost of $7,800.00 each totaling $15,600.00 to be paid in full upon issuance of a building permit. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission stated they had no ex parte communications to disclose. Randal Krejcarek, Director of Environmental Services, stated this is a request from Mindful Management located at 280-290 N.E. 2nd Avenue (Pineapple Grove Way). Mr. Krejcarek stated this is a conversion from residential to office. The applicant n the purchase of two 2 in-lieu arking spaces at a cost of 7 800 per space is requesting p { ) p b y $ p p and the total is $15,600 to be paid in full upon the issuance of a building permit. Mi. Krejcarek stated through the Planning and Zoning site plan modification process, the Community Redevelopment Agency (CRA), Downtown Development Authority (DDA), and the Pineapple Grove Main Street Board recommended approval at their respective meetings contingent upon resolving the parking deficiency. At its meeting of June 17, 2014, the Parking Management Advisory Board recommended approval of the request as presented. 20 08/05/14 i John Schmidt, agent for the applicant, stated he is present for any questions the Commission may have. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the in-lieu of parking fee request from Mindful Management, to come forward at this time. Christina Morrison, 2809 Florida Boulevard Apt. #207, Delray Beach, FL 33483, stated the properties that Mindful Management is renovating two cottages in Pineapple Grove. Ms. Morrison stated Mindful Management is heavily invested in this neighborhood and recommended that the Commission approve the in-lieu parking fee 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). Mr. Frankel moved to adopt the Board Order as presented, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia—Yes. Said motion passed with a 5 to 0 vote. 9.C. SETTLEMENT RELEASE AND NON-DISCLOSURE AGREEMENT/ VINCENT GRAY: Consider approval of a Settlement, Release and Non-Disclosure Agreement with Vincent Gray for settlement of litigation. The City Attorney stated after the Shade meeting at the public meeting held on July 15, 2014 the City Commission voted to approve in concept settlement of claims in the lawsuit brought by Vincent Gray with instructions to bring back to the Commission a definitive settlement agreement setting forth the detail terms of the settlement. The City Attorney gave a brief overview of the detailed terms of the settlement. The City Attorney stated even if the Commission settles this claim by Sergeant Gray the cross-claim brought by Mr. Phillips continues to remain in the case as evidenced by his attorney speaking to the Commission earlier this evening. The City Attorney stated in order for Mr. Phillips to establish a right to attorney's fees he will need to show if he would otherwise prevail in the underlining action. The City Attorney stated any substantive discussion on the merits of the case can affect the City's ability to defend those claims that remain pending. Furthermore, the City Attorney stated special counsel who have personal knowledge with respect to the case are present this evening as a resource and are available to the Commission as part of the discussion. Mayor Glickstein asked if there is any reason to delay this for another Executive Session to discuss anything that is still outstanding that should not be discussed in public. The City Attorney stated if the City Commission feels that there are still questions or information that have not been fully answered this is not the forum for that to occur but would be more appropriate for the Shade meeting. 21 08/05/14 i jDeputy Vice Mayor Jarjura stated her issue is with the handling of this case and she does not support delaying this any further because her offence is not with the Plaintiff. Mr. Jacquet stated there is no reason to delay this. i Mayor Glickstein stated he concurs with comments expressed by Deputy Vice Mayor Jarjura and Commissioner Jacquet. Vice Mayor Petrolia stated because of the information that has become available in the last 24 hours she does not have enough information to be able to move forward and the fact that the Commission cannot discuss this case is problematic for her. For the record, Deputy Vice Mayor Jarjura asked whether the records will be sealed on this case. The City Attorney stated the records will not be sealed but what are sealed now are the transcripts from the two (2) Shade hearings. The City Attorney stated even if the Commission approves to settle today when the case is resolved with fmality those records are unsealed and will then become available to the public. After this case is settled, Deputy Vice Mayor Jarjura asked that the City Attorney o an assessment of special counsel's handling of this matter, the City Y p g Attorney's office (Mr. Shutt and Ms. Kozol's handling of this matter) and that the City Attorney share with the Commission the documents that she requested last night after reviewing the invoices because she did not receive them until after her initial request in particular the ones with regards to Vincent Gray's settlement that was on the table back in January and March and the communications that were made to the Commission at that time. Deputy Vice Mayor Jarjura stated she feels it is important that her colleagues see b those documents under attorney/client privilege prior to the settlement of this. The City Attorney stated what he intends to do over the next sixty (60) days with all special counsel including counsel on this case is require them to enter into an agreement for legal services. The City Attorney stated one of the problems in the case was not having oversight from the city with respect to what the expectations were. In his opinion, the City Attorney stated an agreement for legal services defines compensation including reimbursables and expenses. He stated you have to establish a fee cap or an annual budget so when you hit the fee cap you cannot increase it without board approval. The City Attorney stated if the City had something in place like that with this case it would force you to engage in a conversation at least once a year. The City Attorney stated the City needs to have in that agreement terms with respect to professional liability insurance, conflicts of interest and none of that exists now with respect to the City's special counsel. Therefore,the City Attorney stated this is one of tools that he will use to manage special counsel. Mayor Glickstein stated with respect to the significance of those documents is that relevant to the merits of the case or is that relevant to the handling of this matter. The City Attorney stated he does not believe it is relevant to the merits of the case. 22 08/05/14 i Vice Mayor Petrolia asked if the information that the Commission received since the Shade meetings is relevant to the case. The City Attorney stated it is relevant to the case; however, he does not know what credibility to give to those statements that are not sworn or subject to cross-examination. The City Attorney stated he does not place a lot of weight on it with respect everything else that has occurred with regard to this case. Vice Mayor Petrolia stated the City had several opportunities to resolve this case early on and instead the City is dealing with an astronomical taxpayer liability. Mayor Glickstein expressed concern over the mismanagement and failures at every level for checks and balances. He stated this was a decentralized progression of a dispute that happens and can happen in any organization that if it would have been handled timely and professionally could have been resolved very quickly. Mayor Glickstein stated no member of this Commission was party to this going on while these discussions were happening. He stated he does not see any upside in proceeding because it would be a distraction for the City and if the City were to lose, the downside is potentially significant. Deputy Vice Mayor Jarjura stated the distinction between Sergeant Gray's claims is under Section 112.3187 and there is no limitation in terms of recovery unlike the other claim there is $100,000.00 cap because we are a local government. Mr. Jacquet stated he supports going forward with this settlement. Vice Mayor Petrolia stated the Commission on the dais (April 3, 2012) could havd been examining this issue and it was at a time when it was much more manageable as far as the cost of the case and there were some opportunities that were lost. Vice Mayor Petrolia concurred with comments expressed by Mayor Glickstein that there are more things involved with not going forward than with going forward and wants to make sure that we are not eliminating the opportunity of examining this from within. Vice Mayor Petrolia stated as long as this is not sealed that the public will be able to go through this at some point in time so that they can look at this and see what happened then she would be okay with going forward. Mr. Jacquet moved to approve the Settlement, Release and Non- Disclosure Agreement with Vincent Gray for settlement of litigation, seconded by Deputy Vice Mayor Jar ura. Upon roll call the Commission voted as follows: Mr. Frankel -- Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein Yes; Vice Mayor Petrolia—Yes; Mr. Jacquet—Yes. Said motion passed with a 5 to 0 vote. 9.D. OFFER OF SETTLEMENT/THOMAS VOLPE VS. CITY OF DELRAY BEACH: Consider an Offer of Settlement in the total amount of$22,000.00 in Thomas Volpe vs. City of Delray Beach. Staff recommends approval. The City Attorney stated this came before the Commission for a proposed settlement in the amount of$30,000 and there was a mediation recently held attended by the Risk Manager, Interim City Manager, and an Attorney from the City Attorney's 23 08/05/14 office. The City Attorney stated those three staff members recommended approval of a settlement in the amount of $22,000. Furthermore, the City Attorney stated the City would have to expend substantial sums and this would be a battle between two experts. He stated this is an economic decision and staff recommends approval of the settlement. Deputy Vice Mayor Jarjura stated she understands this from an economic perspective but she expressed concern over this case and stated that she begrudgingly will support it. Vice Mayor Petrolia echoed'cor ments expressed by Deputy Vice Mayor Jag'ura. Mr. Frankel moved to approve the Offer of Settlement in the amount of $22,000.00 in Thomas vs.Volpe City f Delray Beach, seconded by Mr. Jacquet. Upon Y Y roll call the Commission voted as follows: Deputy Vice Mayor No; Mayor Glickstein--- Yes; Vice Mayor Petrolia — No; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 3 to 2 vote, Deputy Vice Mayor Jarjura and Vice Mayor Petrolia dissenting. 9.E. CONSULTANT/SOLID WASTE AND RECYCLING COLLECTION SERVICES REQUEST FOR PROPOSAL (RFP): Provide authorization for the City to retain an additional consultant in an amount not to exceed $25,000.00 to finalize Solid Waste and Recycling Collection Services Request for Proposal (RFP). This is in accordance with Section 4.08(A), "Legal Counsel Appointment, Removal and Compensation; Appointment" of the City Charter. The City Attorney stated he reviewed the current draft of the RFP for Solid Waste and Recycling Collection Services. The City Attorney stated there are potential deficiencies in the document with respect to the selection, evaluation criteria, and how addenda are handled. He stated there are sections that could be written more clearly and there are some consistency issues. The City Attorney stated to do this properly requires someone who is a good technical draftsperson and someone who understands solid waste disposal operations, contract terms, and the law. Vice Mayor Petrolia asked what the benefit to have not of chosen Mr. Dee to begin with. Mayor Glickstein stated the Commission was sold on the current consultant based on his operational expertise and were also told that the combination of this new consultant operationally and the procurement staff would be able to pull this together but neither of those two things has come to fruition. Mayor Glickstein stated he supports the City Attorney's recommendation. The Interim City Manager stated the probabilities of the City getting challenged on this will be significantly reduced and believes that the City stands a much g � better chance of success in meeting any challenge by going this route. 24 08/05/14 Deputy Vice Mayor Jarjura stated she supports the City Attorney's recommendation. Mr. Frankel asked the City Attorney if he has had any conversations with the first group about seeking some reimbursement about the failures that have been uncovered. Mr. Frankel stated if the City Attorney identified the deficiencies why he would feel uncomfortable with correcting this. The City Attorney stated this is almost a 100 page RFP and there is an element of this that goes beyond what he does and knows. Furthermore, the City Attorney stated there are elements that the Commission needs to evaluate because if they put certain criteria in this RFP, it is more costly and the bids are going to be higher and suggested that the Commission have these internal discussions. Mayor Glickstein commented about people who are not handling what the Commission expects them to do in a way that the Commission expects yet they still expect to be paid. Mr. Jacquet stated he feels this puts legitimacy in the process and thanked the City Attorney for making sure the City has an expert on the drafting side that is going to get the City where it needs to go. Mr. Jacquet stated he supports the City Attorney's recommendation. Vice Mayor Petrolia moved to approve authorization for the City to retain an additional consultant in an amount not to exceed $25,000 to finalize Solid Waste and Recycling Collection Services Request for Proposal (RFP), seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura—Yes. Said motion passed with a 5 to 0 vote. 9.F. NOMINATIONS FOR APPOINTMENT TO THE PLANNING & ZONING BOARD: Nominations for appointment of four (4) regular members to the Planning & Zoning Board to serve two (2) year terms ending August 31, 2016. Based on the rotation system, the nominations for appointment will be made by Mayor Glickstein (Seat 45), Commissioner Petrolia (Seat 41), Commissioner Jacquet (Seat 42) and Commissioner Frankel(Seat 43). For the record, the City Clerk noted that the City Clerk's office did not receive anything from Thuy Shutt to be included on the list of applicants. In addition., Ms. Christina Morrison and Mr. John Miller contacted her today one via email and the other via telephone wanting to withdrawn their names from the list of applicants. The City Clerk stated when an applicant's application expires we request a new one; the applications are only kept for two (2) years. After brief discussion about Ms. Thuy Shutt being an incumbent for this board, it was the consensus of the City Commission that Ms. Thuy Shutt cannot be considered for nomination. Mayor Glickstein moved to nominate Mark Krall as a regular member to the Planning and Zoning Board to serve a two (2) year term ending August 31, 2016, 25 08/05/14 i i i seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia—Yes; Mr. Jacquet— Yes; Mr. Frankel—Yes; Deputy Vice Mayor Jarjura —Yes; Mayor Glickstein—Yes. Said motion passed with a 5 to 0 vote. Vice Mayor Petrolia moved to nominate Joseph Pike as a regular member to the Planning and Zoning Board to serve a two (2) term ending August 31, 2016, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as I follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to vote. Mr. Jacquet stated he would like to defer his appointment to the next regular meeting. Mr. Frankel moved to nominate Jay Jacobson as a regular member to the Planning and Zoning Board to serve a two (2) year term ending August 31, 2016, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Frankel —Yes; Deputy Vice Mayor Jar ura—Yes; Mayor Glickstein Yes; Vice Mayor Petrolia— No; Mr. Jacquet — Yes. Said motion passed with a 4 to 1 vote, Vice Mayor Petrolia dissenting. 9.G. NOMINATION FOR APPOINTMENT TO THE POLICE ADVISORY BOARD: Nomination for appointment of one (1) regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2016. Based on the rotation system, the nomination for appointment will be made by Commissioner Jacquet (Seat#2). Mr. Jacquet moved to nominate Alan Siegel as a regular member to the Police Advisory Board (PAB) to serve a two (2) year term ending July 31, 2016, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted,as follows: Deputy Vice Mayor Jarjura— Yes; Mayor Glickstein— Yes; Vice Mayor Petrolia— Yes; Mr. Jacquet—Yes; Mr. Frankel—Yes. Said motion passed with a 5 to 0 vote. 9.H. NOMINATIONS FOR APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Nominations for appointment of four (4)regular members to the Historic Preservation Board to serve two (2) year terms ending August 31, 2016. Based on the rotation system, the appointments will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat 43) and Commissioner Jarjura (Seat#4). Vice Mayor Petrolia moved to nominate John Miller (incumbent) as a regular member to the Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2016, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein Yes; Vice Mayor Petrolia— Yes; Mr. Jacquet—Yes; Mr. Frankel—Yes; Deputy Vice Mayor Jarjura Yes. Said motion passed with a 5 to 0 vote. 26 08/05/14 i i i Mr. Jacquet moved to nominate David Harden as a regular member to the Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2016, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia Yes; Mr. Jacquet Yes; Mr. Frankel —Yes; Deputy Vice Mayor Jarjura -- No; Mayor Glickstein — Yes. Said motion passed with a 4 to 1 vote, Deputy Vice Mayor Jarjura dissenting. Brief discussion followed between the City Attorney, City Commission and City Clerk. After brief discussion, the City Clerk stated there has been discussion about including the qualifications and that staff make sure when preparing an Exhibit "A" that the City Clerk's office has looked at those qualifications and only list those people for what the Commission needs to appoint at the time. The City Attorney suggested that the Commission appoint whomever and then they can see whether or not the total makeup of the board is in or out of compliance. The Interim City Manager stated when these appointments are made whether there are categorical areas that have to be filled when someone is nominated, that the Commission is provided enough background information that they can identify so they know which person fits that mold and keep track of it. Furthermore, the Interim City Manager stated he will be working with the City Clerk to work out a methodology to make it easily accessible for the Commission. Mayor Glickstein stated it may be incumbent upon the applicants applying for boards to designate what their field of expertise is rather than the City Clerk having to go through a resume and make a determination. Brief discussion continued regarding the criteria for the board members. Mr. Frankel moved to nominate Price Patton as a regular member to the Historic Preservation Board (HPB) to serve a two (2) year tern ending August 31, 2016, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet--Yes; Mr. Frankel —Yes; Deputy Vice Mayor Jarjura—No; Mayor Glickstein— Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 4 to I vote, Deputy Vice Mayor Jarjura dissenting. Deputy Vice Mayor Jarjura moved to nominate Angela Budano as a regular member to the Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2016, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote. 9.I. NOMINATIONS FOR APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB): Nominations for appointment of four (4) regular members to the Site Plan Review and Appearance Board (SPRAB) to serve two (2) year terms ending August 31, 2016. Based on the rotation system, the nominations for appointment will be made by Mayor Glickstein (Seat#5), Commissioner 27 08/05/14 Petrolia(Seat#1), Commissioner Jacquet (Seat#2) and Commissioner Frankel (Seat 43). Mayor Glickstein moved to nominate Jose Aguila as a regular member to the Site Plan Review and Appearance Board (SPRAB) to serve a two (2) year tern ending August 31, 2016, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia— Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. Vice Mayor Petrolia moved to nominate Andrew Youngross as a regular member to the Site Plan Review and Appearance Board (SPRAB) to serve a two (2) year term ending August 31, 2016, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura—Yes, Mayor Glickstein— Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. Mr. Jacquet moved to nominate James Knight as a regular member to the Site Plan Review and Appearance Board (SPRAB) to serve a two (2) year term ending August 31, 2016, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein— Yes; Vice Mayor Petrolia— Yes; Mr. Jacquet—Yes; Mr. Frankel—Yes; Deputy Vice Mayor Jarjura—Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to nominate James Chard as a regular member to the Site Plan Review and Appearance Board (SPRAB) to serve a two (2) year tern ending August 31, 2016, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet -- Yes; Mr. Frankel Yes; Deputy Vice Mayor Jarjura—Yes; Mayor Glickstein—Yes. Said motion passed with a 5 to 0 vote. 11. FIRST READINGS: None. 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. i 12.A. City Manager Terry Stewart, Interim City Manager commented about the early delivery of the Agenda packets to the City Commission for tonight's Agenda. 12.B. City Attorney None. 12.C. City Commission 28 08/05/14 L i 12.C.1. Mr. Frankel Mr. Frankel stated several months ago it was consensus of establishing designated areas for taxis in the downtown and asked for an update on this. Secondly, Mr. Frankel stated online the completion of the iPic is going to be 2016-2017 and he met with the owner months ago. Mr. Frankel stated it does not make sense that this is going to take 2-3 years before it is completed and asked for an update on this. 12.C.2. Depuly Vice Mayor Jarjura Deputy Vice Mayor Jarjura stated she met with Janet Meeks, Education Coordinator, and the Principal at Carver Middle School and discussed the Spotlight on Education (5 minute presentation that the City used to have on a quarterly basis from the educators in the community) and she feels this would be great to bring back. In addition, Deputy Vice Mayor Jarjura stated they also talked about doing an email blast to all the residents highlighting the student and teacher of the month at each school because she believes it is important to positively market and encourage our public school system in Delray Beach. It was the consensus of the Commission to support bringing this back to the Commission meetings. Secondly, Deputy Vice Mayor Jarjura stated she and Dana Little, Director of Planning and Zoning did an alley tour with Mr. Chard yesterday and suggested that staff come up with packet on how to beautify your alley, etc. to make it easy for residents to clean up their alleys. 12.C.3. Vice Mayor Petrolia None. 12.C.4. Mr. Jacquet Mr. Jacquet apologized for being tardy for the 5:00 p.m. Executive Session today as he was in Orlando handling a pro Bono issue. Secondly, Mr. Jacquet stated former Governor Charlie Crist was in Delray meeting with the clergy and community leaders. Mr. Jacquet stated some of the City Commission will be at the Florida League of Cities Annual Conference from August 14-16, 2014. Mr. Jacquet thanked Mr. Stewart for the Agenda being delivered early to the City Commission and the Commission getting out of the meetings at a reasonable time. Mr. Jacquet stated he appreciates everything Mr. Stewart is doing and he feels the meetings are running smother. 29 08/05/14 II Lastly, Mr. Jacquet thanked and commended Suzanne Davis, Director of Parks and Recreation, for attending almost every community event and for the excellent job she is doing. 12.C.5. Mayor Glickstein Mayor Glickstein asked the Interim City Manager for more information about moving the City's Fire dispatch to the County. Secondly, Mayor Glickstein stated he appreciates Mr. Stewart's decision to advertise the position of a Senior Procurement Officer. Mayor Glickstein stated there was an article in the New York Times this weekend regarding "Drones Outpacing the Rules" and stated as demand grows there are pilotless aircraft often with cameras which raises safety and privacy concerns. Mayor Glickstein gave the article to the City Attorney and requested that he look into this. Mayor Glickstein stated one of the points the article makes is that the cost of a drone is becoming geometrically inexpensive and they are talking about Christmas gifts as drones. He commented that there have been issues with piloted aircraft here being nuisances and would like to see the City Attorney to see what he can do. Mr. Jacquet echoed comments about the safety and privacy concerns expressed by Mayor Glickstein with respect to drones and stated he applauds him for addressing this. Mr. Jacquet stated he believes that other municipalities around the country have already addressed this. Mayor Glickstein expressed concern over the unregulated nature of Kava Bars in Delray Beach and that compounded with a legal but dangerous substance called "Kratom". Mayor Glickstein stated this is impacting a lot of different demographic groups because it is cheap, legal, and it is entirely unregulated but it is very dangerous. Mayor Glickstein asked the City Attorney to contact the State Attorney regarding this because he stated this is a hug e problem affecting our young people and it is proven to be lethal. Mr. Jacquet stated he would like to see a moratorium for this. There being no further business, Mayor Glickstein declared the meeting adjourned at 9:28 p.m. City Clerk ATTEST: 30 08/05/14 I Ili CALdY I 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 August 5, 2014, which Minutes were formally approved and adopted by the City Commission on December 2 2014. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. i 31 08/05/14 �� I I i IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DEL.RAY BEACH, FLORIDA ORDER OF THE CITY CQMMISsm OF THE CITY OF DELRAY BEACH, FLORIDA i 1. This appeal of the Site Plan Review and Appearance Board's denial of a color change application for the building located at 96 SE 6t" Avenue has come before the City Commission on August 5, 2014. 2. The Appellant, Appellee: and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the Site Plan Review and Appearance Board's:denial of a color change application for the building located at 96 SE 6th Avenue. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsection I below, i I. LDR PROVISIONS A. LDR Requirements: The minimum requirements for building color are expressed in LDR Section 4.6.18(A) and (B). Pursuant to 4.618(B) (3) All facades visible to public or adjacent property shall be designed. to create a harmonious whole_ Materials shall express their function clearly and not appear as a material foreign to the rest of the building. . (4)To be harmonious, it is not to be inferred that buildings must look alike or be of the same style. Harmony can be achieved through the proper consideration of scale, proportion; site planning, landscaping:, materials, and color. B. LDR Criteria: Pursuant: to LDR Section 4.6.18(E), the following criteria shall be considered in the review of color change applications. If the following criteria are not met, the application shall be disapproved. (1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness,, harmony, taste, fitness; broad vistas, and high quality.. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the August 5,2014 City Commission Meeting;Item 9.A. local environmental or evolving environment to materially depreciate in appearance and value.. (3) The proposed structure, or project, is. in harmony With. the proposed developments in the general area; with the Comprehensive .Plan, and with the supplemental criteria which' may p pp Y be set forth for the Board from time to time. Have the requirements of LDR.Section 4,6.18(E) been met? Yes ✓ No I The City Commission has applied the LDR requirements in existence at the time the original color change application was submitted. 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 o.th:er competent .witnesses supporting these findings; 5. Based on the entire record before it, the City Commission approves denies the appeal and hereby adopts this Order this 5th day of August, 2014; by a vote of 5 in favor and 0 opposed; ATTEST: tarf 0;. Glickstein, Mayor Chevelle Nubin City Clerk August S,2014 City Commission Meeting;Item 9.A. 2 I i IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA. i ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR MINDFUL MANAGEMENT LLG 1. This in lieu parking fee request for the purchase of two (2) parking spaces ire-lieu has came before the City Commission on August 5, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for Mindful Management LLC. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to !_DR Section 4.6.9(E)(3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. I Does the In L.leu .Parking Fee request for the purchase of 2 parking spaces in-lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? The in lieu parking fee is.$7,800.00 per space totalin 15 600.00. Payment is due upon issuance of a building permit. Yes ✓ No 1 The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 08-05-14 cit y 9 Commission Meeting;Item 9.B. 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 In lieu parking fee request as set forth above:. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of August, 2014, by a vote of 5 in favor and 0' opposed. ATTEST: C Glickstein, Mayor Chevelle.Nubin, City Clerk I I I 2 08-05-14 City Commission Meeting;Item 9.13. I i