07-15-08 Minutes RegJULY 15.2008
A Regulaz Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, July 15, 2008.
1. Roll call showed:
Present - Commissioner Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Woodie McDuffie
Commissioner Brenda B. Montague
Mayor Rita Ellis
Absent - None
Also present were - David T. Hazden, City Manager
Susan A. Ruby, City Attorney
Terrill Pyburn, Assistant City Attorney
Lanelda D. Gaskins, Acting Deputy City Clerk
2. The opening prayer was delivered by Reverend Dan Hecker with Church
of the Palms.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor Ellis stated Item 8.A., Acceptance of Water Easement Deed/N.E.
5~" Avenue and Item B.F, Ratification of Appointments to the Parlcine Management
Advisory Board of the Consent Agenda have been removed from the Agenda.
She noted the addition of Item 9.L., Chanee Order No. 2BSA
Corporation/City Hall Interior Renovations Proiect/IT Remote Buildine Project to
the Regular Agenda by addendum. Mayor Ellis stated Item 9.M., Reconsideration of
Appointment to the Downtown Development Authority has been moved to Item
9.H.H. of the Regulaz Agenda.
Mayor Ellis stated Item 10.A., Develonment Aereement/Vista Del Mar.
L.L.C., was removed from the Agenda.
_ The City Attorney requested that Item 8.N., Review of Appealable Land
Develonment Board Actions of the Consent Agenda be moved to the Regulaz Agenda as
Item 9.A.A.
07/15/08
Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes.
Said motion passed with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. Eliopoulos moved to approve the Minutes of the Workshop Meeting
of July 8, 2008, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos
-Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
Mr. McDuffie moved to approve the Minutes of the Regular Meeting of
July 1, 2008, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Recognizing and commending Carole R Shetler for 34 veers of
dedicated service at the School District of Palm Beach County and her many
contributions to the Delray Beach Community
Mayor Ellis read and presented a proclamation hereby extending our
heartfelt thanks and appreciation to Carole R Shetler upon her retirement from the
School District of Palm Beach County. Carole Shetler came forwazd to accept the
proclamation and gave a few brief comments.
7. PRESENTATIONS:
7.A. Recognizing Lula Butler for her oarticination as a case study
presenter in the Transforming Local Government Conference
Lula Butler, Director of Community Improvement, stated her teammates
who did the presentation were Diane Colonna, Executive Director of the Community
Redevelopment Agency (CRA) and Paul Dorling, Director of Planning and Zoning and
they travel as a team. Mrs. Butler stated on an annual basis they write their best practices
and submit them to the Innovation Group for consideration for presentations because they
believe they aze always on the cutting edge and this yeaz they were successful in getting
them to allow them to present on the Community Land Trust (CLT) initiative because
they believe the partnership between the City, the CRA, and the CLT is a win-win and is
a good example of how cities and non-profits can come together to do what is right in the
City for its residents.
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7.B. S.P.I.RI.T. (Service, Performance, Inteerity, Responsibility,
Innovation, Teamwork) Committee Ouarterly Awards Presentation
The City of Delray Beach implemented the S.P.LR.LT. Quarterly Award
Program in April 2006. The S.P.I.R.I.T. Program's main objective is to award the efforts
of employees who provide outstanding quality service to the City of Delray Beach.
Al Berg, Assistant Director of Community Improvement, presented a
S.P.LR.LT. Award to Al Angulo, Code Enforcement Officer; Dot Bast presented a
S.P.I.R.I.T. Award to Officer Jim Finley of the Police Department; and Amy Alvarez,
Historic Preservation Planner, presented a S.P.I.R.I.T. Award to Michael Vinci,
Assistant Planner.
7_C. RESOLUTION NO. 29-08: Approve Resolution No. 29-08 recognizing
and commending Commissioner Brenda Montague for her dedicated public service to the
City of Delray Beach.
The caption of Resolution No. 29-08 is as follows:
office).
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA RECOGNIZING
AND COMMENDING COMMISSIONER BRENDA B.
MONTAGUE FOR HAVING SERVED THE CITY OF
DELRAY BEACH WITH DISTINCTION AND
DEDICATION.
(The official copy of Resolution No. 29-08 is on file in the City Clerk's
Mr. McDuffie moved to approve Resolution 29-08, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said
motion passed with a 5 to 0 vote.
Mayor Ellis read and presented a resolution recognizing and commending
Commissioner Brenda Montague for her excellent record of dedicated and faithful public
service and extends the sincere thanks and appreciation of the citizens of Delray Beach for
a job well done. Commissioner Montague gave a few brief comments and accepted her
resolution.
8. CONSENT AGENDA: City Manager Recommends Approval.
8_A. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
'- 8_B. CONTRACT CLOSEOUT (C.O. NO. 7/FINAL)/CHAZ
EQUIPMENT COMPANY, INC/BLOCK 64 WATER MAIN IMPROVEMENTS
PROJECT: Approve a Contract Closeout (C.O. No. 7/Final) in the amount of a
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$9,668.50 decrease and final payment in the amount of $11,314.57 to Chaz Equipment
Company, Inc. for the completion of the Block 64 Water Main Improvements Project.
Funding is available from 442-5178-536-65.33 (Water/Sewer Renewal and Replacement
Fund/Other Improvements/Block 64).
8_C. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/RANDOLPH AND
DEWDNEY CONSTRUCTION, INC./POMPEY PARK IMPROVEMENTS
PROJECT: Approve a Contract Closeout (C.O. No. 2/Final) in the amount of a $462.62
decrease and final payment in the amount of $60,291.99 to Randolph & Dewdney
Constructions, Inc. for the completion of the Pompey Pazk Community Center
Improvements Project. Funding is available from 380-4150-572-62.61 (2004 G.O.
BondBuildings/Pompey Park Expansion).
8_D. SUPPLEMENT NO. 3 TO SERVICE AUTHORIZATION NO.
Approve Supplement No. 3 to Service Authorization No. 2 in the amount of $3,000.00 to
CH2M Hill regazding the Pompey Pazk Building Improvements. Funding is available
from 380-4150-572-62.61 (Parks & Recreation/Pompey Pazk Expansion).
8_E. AMENDMENT NO. 1 TO THE DISASTER RECOVERY
INITIATIVE AGREEMENT/PALM BEACH COUNTY: Approve Amendment No.
1 to the agreement between the City and Palm Beach County for Disaster Recovery
Initiative (DRI) funding of the extension of Mango Road/S.W. 7`h Avenue
project extending the deadline for completion to December 31, 2008.
8_F. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
8.G. RESOLUTION NO. 26-08: Approve and adopt Resolution No. 26-08
providing that the City of Delray Beach will apply to be designated as a Preserve
America Community.
The caption of Resolution No. 26-08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PROVIDING
THAT THE CITY OF DELRAY BEACH WILL APPLY
TO BE DESIGNATED AS A PRESERVE AMERICA
COMMUNITY.
(The official copy of Resolution No. 26-08 is on file in the City Clerk's
office.)
8.H. APPLICATION/COMMERCIAL EQUIPMENT DIRECT
ASSISTANCE PROGRAM tCEDAPI: Approve and authorize submission of an
application to the Department of Homeland Security, Urban Area Security Initiative
(UASI) for the "dTective Forensic Video Evidence Enhancement Clarification and
Analysis System in an estimated value of $10,000.00 for the Police Department. Funding
is available from 001-2115-521-46.20 (General Fund/Equipment Maintenance).
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8.I. LEASE AGREEMENT/'T-MOBILE/TELECOMMUNICATIONS
TOWER AT BARWICK PARK: Approve a lease agreement between the City and T-
Mobile providing T-Mobile will pay the City a monthly rental fee of $1,800.00 with a
3% annual increase in the rental fee, plus 30% of the gross monthly rent received by T-
Mobile for each subtenant co-locating on the tower; and the City shall lease an azea not to
exceed 800 square feet to allow T-Mobile to construct a 90 foot stealth flagpole
communications tower (monopole) at Barwick Pazk.
8_J. FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM (FRDAPI GRANT/DELRAY BEACH FAMILY RECREATION AND
FITNESS CENTER: Approve an agreement between the City and the Florida
Department of Environmental Protection for a reimbursable grant from the Florida
Recreation Development Assistance Program (FRDAP) in the amount of $61,025.00 and
the City match of $20,342.00 for construction of the playground azea at the Delray Beach
Family Recreation and Fitness Center. Funding is available from 334-4148-572-68.44
(General Construction Fund/Other hnprovements/Family Recreation Playground Area).
8.K. SPECIAL EVENT REQUEST/10`h ANNUAL GARLIC FESTIVAL:
Approve a special event request for the 10 Annual Gazlic Festival to be held on the
grounds of Old School Squaze on February 13 -15, 2009, and to grant a temporary use
permit per LDR's Section 2.4.6(F) for use of City rights-of--way to include NE 15` Avenue
from Atlantic to the grass azea at Old School Squaze, Swinton Avenue from Atlantic to
NE 1 S` Street, the southwest section of the Old School Squaze parking lot, from 6:00 a.m.,
February 12 through midnight, February 15, 2009 and use of the Old School Squaze
Parking Garage, CRA pazking lots in Block 60, the City Attorney lot and the County
Pazking Garage and Library lots for event parking, and authorize staff support for traffic
control and security, EMS assistance, barricading, banner hanging, signage prepazation
and installation, site clean up and trash removal, City generator use, and waiver of the
two (2) hour parking limit in the downtown area during the event; subject to the
conditions outlined in the staff report.
8.L. SPECIAL EVENT REQUEST/5TH ANNUAL FAMILY FUN DAY AT
POMPEY PARK: Approve a special event request for the 5 Annual Family Fun Day
at Pompey Pazk co-produced by the Pazks and Recreation Department and Roots Cultural
Festival Inc. proposed to be held August 2, 2008 at Pompey Pazk from 4:00 p.m. to 11:00
p.m. and authorize staff support for security, trash removal and clean up assistance, trash
boxes, use of the lazge City stage, City generator use, preparation and installation of
event signage, and EMS assistance, if required by the Fire Department.
8.M. SPECIAL EVENT REQUEST/SAINT PATRICK'S DAY PARADE:
Approve a special event request to conduct the 41s` Annual Saint Patrick's Day Pazade
proposed to be held on Saturday, Mazch 14, 2009 beginning with set up at 11:00 a.m.,
pazade starting at 1:00 p.m. and ending at approximately 3:00 p.m. and event at Old
School Squaze from 11:00 a.m. to 7:30 p.m., and to grant a temporary use permit per
LDR's Section 2.4.6(F) for the use of Atlantic Avenue from Venetian Drive to NW 15`
Avenue for the pazade and Venetian Drive and Gleason Street for staging of parade
entries; and to approve staff support for traffic control and security, barricading, trash
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removal, EMS assistance, use of a City generator, use of the small stage, assistance in
obtaining the FDOT permit and to allow event signage to be put up 10 days prior to the
event; subject to the conditions listed in the staff report.
8_N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period June 30, 2008 through July 11, 2008.
8.0. AWARD OF BIDS AND CONTRACTS:
1. Contract awazd to Berg Demolition, Inc. in the amount of
$20,025.00 for the demolition of four (4) structures, subject to
execution of the City's standazd agreement and approval by
the City Attorney. Funding is available from 118-1965-554-34.35
(Community Development/Other Contractual Services/CTnsafe
Buildings/Structures).
2. Purchase awazd to Dell Corporation in the amount of $37,417.45
through Florida State Contract #250-000-03-1 for the purchase of
additional disk storage space for the Storage Area Network
(SANS). Funding is available from 334-6112-519-64.11 (General
Construction Fund/Professional Services/Other Professional
Services) and 441-5161-563-64.11 (Water and Sewer
Fund/Professional Services/Other Professional Services).
Mrs. Montague moved to approve the Consent Agenda as
amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows:
Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes;
Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period June 30, 2008 through July 11, 2008.
Mr. Eliopoulos declazed a conflict of interest and stepped down from the
dais.
Mrs. Montague moved to approve and file the report, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4
to 0 vote.
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_ 9.A. WAIVER REQUEST/ALOHA CLEANERS: Consider a waiver
request to Land Development Regulations (LDR) Section 4.3.4(H)(6)(b)(2), "Special
Landscape Setbacks", which requires a 10 foot landscape setback along Federal Highway
in association with the Aloha Cleaners Development Proposal. Aloha Cleaners is located
at 501 N.E. 2"a Street. (Quasi-Judicial Hearing)
Mayor Ellis read the City of Delray Beach procedures for aQuasi-Judicial
Hearing into the record for this item and all subsequent Quasi-Judicial items.
Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals
who wished to give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex pane
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2008-157 into the record.
Mr. Dorling stated this waiver request is to LDR Section 4.3.4(H)(6)(b)(2)
which requires a ten foot landscape strip along Federal Highway. The applicant came to
the City with a modification to add a 1,243 squaze foot second story addition to Aloha
Cleaners that would go directly above the first floor structure. He stated in the review of
that development proposal this item was noted as anon-conforming situation and they
requested a waiver.
At its meeting of June 25, 2008, the waiver was considered by the Site
Plan Review and Appearance Board (SPRAB) and they recommended approval of the
addition as well as the waiver on a 4 to 0 vote. Mr. Dorling stated the required findings
are made in the staff report and those aze to LDR Section 2.4.7(B)(5).
At this point, Commissioner Montague left the dais briefly.
Francisco Perez-Azua, Applicant, stated he is present this evening to
answer any questions the Commission may have regazding the project.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the waiver request, to please come forwazd at this time.
Pauline Moodv, 609 S.W. 8th Avenue, Delray Beach, inquired about the
ten foot landscaping and asked how this is set up.
There being no one else from the public who wished to address the
Commission regazding the waiver request, the public hearing was closed.
Mr. Dorling stated this is a waiver and the existing two foot landscape
strip and any landscaping that exists within it he believes there is a hedge but there is no
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additional landscaping proposed at this point. He reiterated that this is a waiver to the ten
foot width.
Mr. Perez-Azua stated they plant and maintain the trees on that strip and
there is a hedge as well.
The City Attorney briefly reviewed the Boazd 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. Montague moved to adopt the Boazd Order as presented, seconded
by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -
Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes.
Said motion passed with a 5 to 0 vote.
9_B. WAIVER REOUEST/WAL-MART: Consider a waiver request to Land
Development Regulations (LDR) Section 4.6.9(D)(3)(a), "Point of Access to the Street
System", which allows for a maximum driveway width of up to 36 feet (48 feet
proposed) for Wal-Mart, located at 16205 South Military Trail. (Quasi-Judicial Hearin
Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals
who wished to give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-368 into the record.
Mr. Dorling stated this is a waiver request associated with a Class III site
plan modification for the Wal-Mart project on Military Trail just south of Linton
Boulevazd. This is a waiver to LDR Section 4.6.9(D)(3)(a) that allows a maximum
driveway width of 36 feet and the proposal is for 48 feet to accommodate four lanes. Mr.
Dorling stated this configuration would allow for an exclusive right turn lane southbound,
two left turn northbound and one right tum in and that requires the 48 feet. He stated this
was to accommodate appropriate traffic circulation on site.
At its meeting of Mazch 26, 2008, the Site Plan Review and Appeazance
Boazd (SPRAB) approved the Class III site plan modification fora 2,843 square foot
building addition which includes a new vestibule and enclosed loading dock to the
existing facility. The applicant is proposing this improvement as well as some significant
landscape improvements and lighting improvements associated with the Class III site
plan modification. The required findings aze made in the staff report and staff
recommends approval at this time.
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- Susan Motley. 200 E. Broward Boulevard, Fort Lauderdale (Attorney
representine Wal-Mart), introduced the Project Engineer and the Traffic Engineer with
Kimley-Horn. She made the staff report part of the record and reiterated that SPRAB did
recommend approval of this. She stated this is the last approval for the renovations to the
store to make it into a super center and hopes the community will be as pleased with it as
Wal-Mart wants them to be. Ms. Motley stated they believe that this waiver for the
driveway meets the City's code requirements for such a waiver and asked the
Commission to approve it.
Mayor Ellis 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.
There was no cross-examination or rebuttal.
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. Fetzer moved to adopt the Board Order as presented, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes;
` Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said
motion passed with a 5 to 0 vote.
9.C. WAIVER REOUEST/La CIGALE RESTAURANT: Consider a
request for waiver of Land Development Regulations (LDR) Sections 4.6.7 (E)(3)(c)(2),
"Allowed Totally in Standard Setback", governing the size and placements of signs
related to the La Cigale Restaurant, located at 253 S.E. 5`h Avenue. (Quasi-Judicial
Hearing)
Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals
who wished to give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. Mr. McDuffie stated he had a brief conversation with Michael Weiner
regarding the makeup and the construction of the sign. Mrs. Montague stated she too had
a brief conversation with Michael Weiner regarding the makeup and the construction of
the sign. Mayor Ellis stated she received a voice mail from Michael Weiner and she was
unable to return it. Mr. Eliopoulos stated he received a telephone call from Michael
Weiner but did not talk to him and then they ran into each other in the lobby this evening.
Lula Butler, Director of Community Irnprovement, entered the file into the
record. She stated the item before the Commission this evening is consideration of a
waiver to LDR Section 4.6.7(E)(3)(c)(2) governing the size and placement of signs as
requested by the Agent representing La Cigale Restaurant. This restaurant is located on
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South Federal Highway and it has two entrances between the two Federal Highway pairs.
Mrs. Butler stated there is an approved freestanding sign at each entrance and they are
approved within regulations.
On June 25, 2008, the applicant requested SPRAB's consideration to a
waiver to the same section of the City code governing setback requirements which states
that free standing signs may be located within the setback if the sign area is less than 20
square feet. The applicant is now requesting a waiver to increase the size of that sign to
28 square feet. The applicant's position is that the proposed sign change blends in
aesthetically with the existing sign design and provides pertinent information to the
customers of La Cigale. SPRAB supported the waiver request to the Commission by a
vote of 5 to 0. Mrs. Butler stated generally with these types of waivers staff has to look
at the sign and if the sign is redesigned could it come into compliance with the LDR's.
She stated staff's opinion is that although it is a costly item for the applicant they could
redesign the sign and come into compliance. Mrs. Butler stated LDR Section 2.4.7(B)(5)
of the Land Development Regulations allows the Commission to grant waivers of this
code, which governs signs, providing the Commission shall make a finding of fact based
on one of the following: (1) the granting of a waiver shall not adversely affect the
neighboring area, (2) shall not significantly diminish the provision of public facilities, (3)
shall not create an unsafe situation, and (4) does not result in the granting of a special
privilege in that the same waiver would be granted under similar circumstances on other
property for another applicant or owner. Staff recommends that the Commission deny
this request because they believe that the sign could be redesigned to meet the Land
Development Regulation requirements.
Michael Weiner. 10 S.E. 1'~ Avenue. Delray Beach (Attorney with
Weiner and Aronson. P.A.), noted in staff's presentation they told the Commission
about the four requirements for waivers but it is not what is in the ordinances. He stated
they have a policy that if someone could come up with a design then you do not deserve
the waiver and this is not what the City's ordinances say. Mr. Weiner stated the applicant
meets the four points (requirements for the waiver) and the City did not put his
alternative design in the sign code. Mr. Weiner stated he understands this is a policy of
staff but the applicant has been going through this before SPRAB and on numerous
occasions staff has tried to convince them that this policy is not correct and that they
should not go forward with it. Mr. Weiner stated staff wishes to stick with their policy
and he respects that opinion but this is not what the City ordinances say.
Mr. Weiner stated if the Commission would like to have a discussion with
respect to the eleven letters they are adding to the sign he is more than happy to walk
through the same presentation that they made before SPRAB. He stated they believe,
under these circumstances, since this has just been a problem of the policy of staff and
not what our ordinances really say that they meet the requirements for a waiver and
therefore they should not reverse it. Mayor Ellis requested to here the presentation.
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_ Mr. Weiner stated the sign was before SPRAB on numerous occasions and
they made comments on the sign. He stated they have made changes to the sign and this
was their first proposal and they found that there was just too much infonnation and they
wanted a cleaner look. He stated they had a second proposal and found out it was too
large and the third proposal is the one SPRAB approved with conditions that they agreed
to having to do with the 253 on the side and cleaning it up even more. Mr. Weiner stated
under the City's code sign regulations should be an effective means of communication
and should be a way to attract sources of economic development and growth and should
have fair enforcement (LDR Section 4.6.7). He stated it is not that you have to put in the
smallest possible sign that you can design but to the contrary the City code says that they
want you to effectively communicate and assist with economic growth and development
and have fair and consistent enforcement. He stated there have been proposals for
decreasing the right-of--way of the Federal Highway corridor. Mr. Weiner stated if the
permanent improvements aze made the setback for the sign will end up being much
farther from the road than other commercial signs usually are in our area. He stated if the
permanent improvements aze not made then we aze still faced with the problem that we
have this wide roadway in terms of the substantial speeds of the traffic down this
corridor. Mr. Weiner stated sign ordinances aze designed to allow waivers and waivers
are placed in the code to give some flexibility. He stated in some circumstances where
there is a one-way road and maybe the street is going to become smaller or even if it
remains the same size there are difficulties making that turn into the restaurant because of
its design.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the waiver request, to please come forwazd at this time.
Pauline Moodv, 609 S.W. 8`n Avenue. Delrav Beach, stated the
restaurant is neat, clean and kept up and would like to know what is holding up the
waiver. She stated the sign looks fine and does not understand what the problem is with
the sign. Ms. Moody stated she agrees with Mr. Weiner regarding the theory of his sign
and supports the waiver.
There being no one else from the public who wished to address the
Commission regazding the waiver request, the public hearing was closed.
There was no cross-examination.
The following individuals gave a brief rebuttal.
Lula Butler, Director of Community Improvement, stated the City's code
provides that a sign can be located within the setback but it has to be under 20 square feet
or lower. She stated the way the signs are measured is that staff squares off the copy and
by adding the additional line of copy it actually makes the sign 28 squaze feet because
they square it off. Mrs. Butler stated the location of the sign itself is fine; however, staff
is concerned about the area of copy.
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The City Manager stated the agenda backup points out that the problem is
really that we are granting a special privilege in this instance if this were to be approved
and that the City would grant it in similaz circumstances which all deals with the ten foot
setback. The City Attorney stated this really has to do with where the sign is and if the
sign is within that ten foot setback then the sign has to be 20 squaze feet. She stated if it
was in back of that 10 foot setback it could be 28 squaze feet.
Mr. Eliopoulos stated this is the one that already had a waiver because of
the three flags.
The following individual gave a brief rebuttal:
Mr. Weiner stated Mrs. Butler's argument proves the azgument that he
made previously. He stated while they would like to see signs smaller they in fact allow
waivers to get the signs lazger. Mr. Weiner stated he respects the City Attorney but the
words "special privilege" does not mean you have to find a precise sign that in fact was at
this location in this place. He stated what you have to prove is that you use your waiver
ordinance in order to give waivers two signs and that this would not be out of the
ordinazy. Mr. Weiner stated you could not grant a first one if everyone had to be exactly
on point. Therefore, what you aze talking about is whether or not there have been
waivers granted for unique circumstances for signs. Mr. Weiner stated there is a unique
circumstance in that the City is presently working on that road to either make it lazger or
at least to place it back in the position that it was. Mr. Weiner stated the Commission
complained about the road because there is either traffic going too fast down it in which
case they cannot recognize the signs or will be faz more than the setback requirements
from the street once the permanent improvements aze put in. He stated logic dictates in
his direction and stated (1) it is not in the ordinances to say it has to be the smallest sign,
and (2) with respect to special privileges it is not that it has to be precisely on one that has
to do with a setback on Federal Highway only that the Commission give sign waivers
similaz. The City Attorney corrected Mr. Weiner and stated that it is the same waiver not
similaz waivers.
Mrs. Montague asked if this is the only request for this type of thing. Mrs.
Butler stated this is the only establishment that has come forwazd with this at this time.
The City Manager asked Mrs. Butler if she is awaze of any other
businesses up or down Federal Highway that have been granted size waivers to put in a
lazger sign in this setback. In response, Mrs. Butler stated she would have to reseazch
and noted that generally staff is able to work these things out and try to keep these things
from coming to the Commission because they work with the applicant in redesigning
these signs.
The City Attorney stated the requirement is not so much that it would not
result in a special privilege because the same waiver would be granted in that particulaz
azea which is really what the criteria is. The City Attorney stated if the Commission
grants this waiver then they need to be prepared to grant other waivers of this type (i.e.
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bigger signs and setbacks) under similar circumstances on that corridor. She stated what
this is really about and is not really about so much as what has been done in the past.
Mayor Ellis stated the sign is difficult to see and if we do what we really
hope and narrow Federal Highway down the sign will be even further back. Mayor Ellis
stated she is in favor of the waiver for the sign.
Mrs. Montague stated this could be an issue in the future and as we go
through this twelve month period she suggested that staff look at language to modify this.
She stated it is not just a matter of difficult economic times but it is a business surviving
on Federal Highway and attracting business. Mrs. Montague stated she too will support
this.
Mr. McDuffie stated he would assume by these measurements that we
exclude the street number and the street name from the sign.
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. McDuffie moved to adopt the Board Order as presented, seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes;
Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes.
Said motion passed with a 5 to 0 vote.
At this point, the time being 7:21 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. DEVELOPMENT AGREEMENT/VISTA DEL MAR. L.L.C.:
Consider a development agreement with Vista Del Mar, L.L.C. and associated Class V
Site Plan for the property located at 64 South Ocean Boulevard. (Quasi-Judicial
Hearin
The City Attomey stated this was an advertised public hearing and the
development agreement for Vista Del Mar, L.L.C. will come back at a later time and will
be re-advertised.
10_B. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
ANNUAL ACTION PLAN tFY 2008 - 2009): Consider approval of the Community
Development Block Grant (CDBG) Annual Action Plan required by the United States
Housing & Urban Development Department (HUD) for utilization of federal grant funds.
Lula Butler, Director of Community Improvement, stated this is the
Annual Plan recommending the City's proposed use of funds for the Annual Community
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Development Block Grant Program. The public hearing is to be a requirement under the
Federal regulations and it requires that the City hold two public hearings. One meeting is
referred to as a Citizens Meeting held on June 16, 2008 hosted by the Neighborhood
Advisory Council (NAC). Mrs. Butler stated at that time we invited all of the HOA's
within the Community Development Block Grant (CDBG) tazget azea and invited the
non-profit partners to come and consider our proposed use of funds. She stated
approximately 16 people came to the Neighborhood Advisory Committee Meeting to
heaz the proposed use of funds and there aze no recommendations for changes other than
what staff has proposed. The allocation this yeaz is proposed at $576,634.00. Mrs.
Butler stated staff is disappointed that the grant keeps being reduced every year and will
be reduced again this yeaz for the third consecutive yeaz. Staff is limited to spending
20% of the grant for administration of their programs and this year staff proposes that
$104,000.00 of that amount be used for administration. She stated they continue to
support making sure that they have safe existing housing by allocating dollars for housing
rehabilitation and their new program is their Neighborhood Enhancement Program where
they provide for Neighborhood Pride Grants and other enhancements. Mrs. Butler stated
this yeaz they are going to bring back the "Paint up Delray" Program; they aze allocating
$100,000.00 for new sidewalks in the Southwest neighborhood in support of the SW 12
Avenue improvements and MLK Drive; they will also shutter the second building at the
Neighborhood Resource Center and they have put aside $25,000.00 for economic
development and they may contract again with the TED Center or use it for some other
business that comes before them for help; staff is limited to 15% of their grant for public
service and this yeaz that amount is $86,500.00. Mrs. Butler stated their agreements for
public service will come back to the Commission under separate cover as sepazate items
to be approved. Staff continues to want to support the Beacon Center and Mrs. Butler
states she believes that it has a lot to do with the success that the City has received at
Village Academy this yeaz. Staff also supports the Urban League and Fair Housing.
Mrs. Butler stated the proposed use of funds ($576,634.00) was advertised in a local
newspaper and the public comment period was June 13-July 15, 2008 and staff has
received no comments. Staff also posted the Annual Plan at the Delray Beach Library
and at the Delray Beach Housing Authority.
Mrs. Montague inquired about the budget total for fiscal yeaz 2007/2008.
In response, Mrs. Butler stated the budget was approximately$587,000.00 and the budget
for fiscal yeaz 2008/2009 has been reduced by 10%.
Mayor Ellis declazed the public hearing open.
Pauline Moody, 609 S.W. 8t" Avenue, Delray Beach, asked Mayor Ellis
to repeat the Item number.
Mayor Ellis stated the Item number is 10.B.
There being no one else from the public who wished to address the
Commission regazding the CDBG Annual Action Plan (FY 2008/2009), the public
hearing was closed.
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Mr. Fetzer moved to approve the Community Development Block Grant
(CDBG) Annual Action Plan (FY 2008-2009), seconded by Mr. Eliopoulos. Upon roll
call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5
to 0 vote.
10.C. ORDINANCE NO. 17-08 (FIRST READING/TRANSMITTAL
HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2008-1): Consider on
first reading an ordinance adopting Comprehensive Plan Amendment 2008-1 and
associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the
State Deparhnent of Community Affairs. Amendment 2008-1 includes:
A. Text Amendments:
i. Update Introduction and support data throughout all the
Elements of the Comprehensive Plan as appropriate to
reflect cun'ent conditions; update all maps as appropriate to
reflect current city boundaries; update all maps and tables
as appropriate; and, update the Goals, Objectives and
Policies as required to modify partially completed or
eliminate completed initiatives and to incorporate
appropriate changes to goals and objectives gleaned from
the EAR public hearing processes.
ii. Future Land Use Element -Update existing land use and
population data, including supporting maps and tables.
a. Future Land Use Element -Update vacant land analysis.
b. Future Land Use Element-Update Redevelopment Analysis
section to reflect completion of all Redevelopment Plans.
c. Future Land Use Element -Update descriptions for all land
use categories to include intensities and densities.
d. Future Land Use Element -Add new policies to achieve an
appropriate mix of uses, direct resources to infrastructure
improvements downtown, and explore additional
downtown open space opportunities.
e. Future Land Use Element -Add policies to affirm the
City's continued commitment to workforce housing.
f. Future Land Use Element -Add policies to develop design
guidelines for the North Federal Highway azea and evaluate
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the need for guidelines in the Congress Avenue Corridor
and Four Corners Area.
g. Future Land Use Element -Amendment to the Land Use
Designation/Zoning Matrix table to add SAD, OS and OSR
zoning districts to be consistent with additional Future
Land Use categories.
h. Transportation Element -Add new policy to designate the
railroad parking lot, north of East Atlantic Avenue as a
potential railroad stop for future passenger service on the
FEC Railroad.
i. Housing Element -Update Affordable Housing section to
reflect new City initiatives.
j. Housing Element-Add new policies to affirm the City's
continued commitment to workforce housing.
k. Public Schools Facilities Element -Update element to
reflect changes related to the second amendment to the
Interlocal Agreement.
B. Future Land Use Amendments Map:
i. City initiated Future Land Use Map amendment from
County INST/18 (Institutional, with an underlying High
Residential 18 units per acre) to City CF (Community
Facilities) for Fair Oaks Center, located approximately 650
feet south of Linton Boulevazd, and on the east side of
LWDD E-3 Canal.
The caption of Ordinance No. 17-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ADOPTING COMPREHENSNE PLAN AMENDMENT
2008-1, PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSNE
PLANNING AND LAND DEVELOPMENT
REGULATION ACT", FLORIDA STATUTES SECTION
163.3161 THROUGH 163.3243, INCLUSNE; ALL AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ENTITLED "COMPREHENSNE PLAN AMENDMENT
2008-1" AND INCORPORATED HEREIN BY
REFERENCE; PROVIDING A SAVING CLAUSE, A
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GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 17-08 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.
Ron Hoggard, AICP, Principal Planner, entered the Planning and Zoning
Department project file #2008-092 and #2008-091 into the record.
Mr. Hoggazd stated this is the Comprehensive Plan Amendment and
mostly this is the EAR-based amendments from the Evaluation Appraisal Report that was
done approximately 18 months ago adopted in December 2006. It includes all the
changes that have happened since the last Evaluation Appraisal Report which was in
1996. Mr. Hoggard stated the Goals, Objectives, and Policies were reviewed during the
EAR process. Also, the Planning and Zoning Boazd reviewed the Goals, Objectives, and
Policies at a Workshop Meeting, and then there was a Regular Meeting and then the
recommended adoption of the Plan transmittal last night. Mr. Hoggard briefly reviewed
the proposed text changes to the Future Land Use Element, the Transportation Element,
the Housing Element, the Public Facilities Element, the Coastal Management Element,
the Conservation Element, the Open Space and Recreation Element, and the Public
Schools Facilities Element.
Mayor Ellis declazed the public hearing open. There being no one from
the public who wished to address the Commission regarding Comprehensive Plan
Amendment 2008-1, the public hearing was closed.
Mr. Eliopoulos moved to approve Ordinance No. 17-08 (First
Reading/Transmittal Hearing for Comprehensive Plan Amendment 2008-1), seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 5 to 0 vote.
10.D. RESOLUTION NO. 25-08: Approve Resolution No. 25-08 establishing
a budget for the Stormwater Utility System, establishing the rates for FY 2009
Stormwater Management Assessments, and certifying and adopting the Stormwater
Assessment Roll.
The caption of Resolution No. 25-08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
ESTABLISHING A BUDGET FOR THE
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STORMWATER UTILITY SYSTEM; ESTABLISHING
RATES FOR STORMWATER MANAGEMENT
ASSESSMENTS FOR EACH PARCEL WITHIN THE
BENEFITTED AREA, OTHER THAN NON-ASSESSED
PROPERTY; PROVIDING FOR A PUBLIC HEARING;
PROVIDING FOR THE CERTIFICATION AND
ADOPTION OF THE STORMWATER ASSESSMENT
ROLL IN ACCORDANCE WITH CHAPTER 56 OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA; AND PROVIDING AN EFFECTNE
DATE.
(The official copy of Resolution No. 25-08 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.
Richazd Hasko, Director of Environmental Services, stated there aze no
rate increases proposed for the stonnwater utility budget.
Mayor Ellis declazed the public hearing open. There being no one from
the public who wished to address the Commission regarding Resolution No. 25-08, the
public hearing was closed.
Mr. Fetzer moved to adopt Resolution No. 25-08, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mr. McDuFfie -Yes; Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said
motion passed with a 5 to 0 vote.
10_E. ORDINANCE NO. 28-08: Privately initiated amendments to the Land
Development Regulations (LDR), by amending Section 2.2.6(D), "Duties, Powers, And
Responsibilities"; Section 4.5.1(J), "Historic Preservation Boazd To Act On Variance
Requests", to provide that appeals of decisions of the Historic Preservation Boazd
regazding variances shall be to the City Commission. (REQUEST POSTPONEMENT
TO AUGUST 5. 2008 DUE TO NEED FOR FURTHER ADVERTISING)
The caption of Ordinance No. 28-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 2.2.6(D), "DUTIES, POWERS,
AND RESPONSIBILITIES"; SECTION 4.5.1(J),
"HISTORIC PRESERVATION BOARD TO ACT ON
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07/15/08
_ VARIANCE REQUESTS", TO PROVIDE THAT
APPEALS OF DECISIONS OF THE HISTORIC
PRESERVATION BOARD REGARDING VARIANCES
SHALL BE TO THE CITY COMMISSION; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
office.)
(The official copy of Ordinance No. 28-08 is on file in the City Clerk's
The City Attomey read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
The City Attorney stated this was scheduled For a public hearing at this
time but is being postponed to August 5, 2008 in the City Commission Chambers.
Mr. Eliopoulos moved to postpone Ordinance No. 28-08 to August 5,
2008, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr.
McDuffie -Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
11_A. Citv Mana¢er's response to urior aublic comments and inquiries.
inquiries.
The City Manager had no response to prior public comments and
11. From the Public.
11.B.1. Mike McClearv. Fire-Rescue Deuartment, read a brief statement into
the record about what it is like to be a professional firefighter. He stated labor and
management aze forming a committee to look at some cost saving ideas and they have
also worked very hazd over the yeazs to be competitive in their pay and benefits to attract
and retain the very best firefighters they can. Mr. McCleary stated as everyone looks at
ways to cut costs it is very important to remember that the main responsibility of all
governments (Federal, State, and Local) should always be to protect its citizens and
provide essential services before anything else.
Mr. McCleary thanked Commissioner Montague for her service to the
Commission and stated she has done a great job while she has been in office and will be
missed.
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07/15/08
11.B.2. Crate Gerlach 4687 Holly Drive, Palm Beach Gardens, briefly spoke
about the risks of being a firefighter and urged the Commission to work together to come
up with ways to cut costs without cutting the firefighters' pension benefits. +
11.B.3. Susan Nelson, 13 N.E. 13t" Street, Delray Beach, expressed concern
about the future of the Fire Department and stated she read in the newspaper that there
aze problems with the budget and the City is considering either cutting their pension or
cutting back on training or maybe having the firefighters increase the payment that they
make into the firefighters health insurance in some kind of way. She stated she feels it is
very important to have the best trained and most qualified firefighters and pazamedics
that we can get. Ms. Nelson stated the City of Delray Beach will hire firefighters here
and they will get trained and then find out that after they have been working for a while
that they can do better by leaving and going to work somewhere else. She does not
believe this is to the City's best interest and does not feel we should cut any pay and
benefits from the firefighters so that the City of Delray Beach can keep the best
firefighters here.
11.B.4. Alice Finst. 707 Place Tavant. Delray Beach, stated in recently listening
to the budget reviews this past month and recent discussions on the downtown shuttle she
decided to ride the shuttle downtown from the tri-rail station to the beach. She stated
they sat for 15 minutes waiting for the library beach shuttle to pass by to pick up people
waiting at the Marriott Hotel across the street. In her opinion, Mrs. Finst stated it makes
no sense that the bus goes down the same route as the existing bus. She stated there are
two bus routes in the same place at the same time doing the same thing. Mrs. Finst stated
her driver drives back and waits back at the tri-rail and it seems that he is driving 15
minutes on and 15 minutes off. She stated she does not understand why there is an
additional route to the beach when there is already a route to the beach. Mrs. Finst
suggested eliminating this library route because it would help in the budget process. She
stated other ways the City could improve the shuttle service is through the literature and
noted that the literature is totally unrelated to the shuttle. Mrs. Finst stated a better way
would be to number the stops and number the things at the stops. She stated an item
which would add to promoting the bus would be to have adequate marking on Congress
Avenue into the shuttle area and at the tri-rail station. Mrs. Finst stated there is a sign
there that reads "bus" but it does not read "shuttle". She stated another addition that
would be nice and bring a lot of different groups together would be to have an audio tape
running on the PA system in the bus directing riders to what is adjacent to the stops as
well as what businesses and historic items aze in the azea. For example, Mrs. Finst stated
that no one knows where Pineapple Grove is. Mrs. Finst stated by adding the details to
the downtown part of the shuttle sign which might be "downtown shop and have fun
shuttle" or something clever that would make people know that it was not just a shuttle
but a shuttle where something was really happening she feels the shuttle could be made a
destination place in Delray Beach.
11.B.5. Ilene Rose, 3315 Spanish Wells Drive "B", Delray Beach stated the
other day she volunteered her time to take blood pressures and pulses of everyone that
was going to be joining the fitness group spearheaded by Dot Bast. She stated while she
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07/15!08
_ was waiting for people to come in and get their blood pressure checked she stepped into
the lobby of City Hall and was talking with Danielle Beazdsley and noticed "SPIRIT"
recognition letters and four of the letters are from residents saying how great the Fire
Department is and approximately seven letters saying how great the Police Department is
and one or two talking about how great a ribbon cutting ceremony was. She stated this is
just a small example of letters the City has received from residents that have called 911
for Police or Fire and believes that the Police and Fire Pension should be saved.
11.B.ti. Joe Liguori, Boynton Beach (Firefiehter for the City of Delray Beach),
stated there are firefighters present not just from Delray Beach and the reason everyone is
here is to support the firefighters because they are a community and a family and they are
here to say whatever you do to us you do to them. In his opinion, Mr. Liguori stated this
would be a bad precedent to send the rest of the County. He stated if the City of Delray
Beach is even considering cutting benefits or pensions from the firefighters then it will be
thought about doing somewhere else. Mr. Liguori stated this is not a precedent they want
to set. He stated when he attended the Hometown Meeting approximately 3-4 months
ago 12 speakers got up and 10 out of those twelve asked the Commission not to cut
benefits for Police and Firefighters and he feels it is pretty significant when 80% of
people ask the Commission not to cut their benefits.
At this point, the time being 8:04 p.m. the Commission moved to Item 12,
First Readings.
12. FIRST READINGS:
12_A. ORDINANCE NO. 32-08: An ordinance amending Chapter 35,
"Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of
Ordinances by amending Section 35.097, "Retirement Income; Basis, Amount and
Payment", providing up to one (1) additional year of credited service for certain
employees who elect to terminate City employment and retire on or before September 3Q
2008. If passed, a public hearing will be scheduled for August 5, 2008.
The caption of Ordinance No. 32-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEES POLICIES
AND BENEFITS", SUBHEADING "RETIREMENT
PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 35.097, "RETIREMENT
INCOME; BASIS, AMOUNT AND PAYMENT",
PROVIDING UP TO ONE ADDITIONAL YEAR OF
CREDITED SERVICE FOR CERTAIN EMPLOYEES
WHO ELECT TO TERMINATE CITY EMPLOYMENT
AND RETIRE ON OR BEFORE SEPTEMBER 30, 2008;
PROVIDING A GENERAL REPEALER CLAUSE; A
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VALIDITY CLAUSE; AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 32-08 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated the
ordinance has changed slightly from what the Commission may have seen previously.
The changes aze that staff left in what was in there for the last yeaz because there are
people who aze retired under the 2007 credited one yeaz. Staff added additional language
that says effective 2008 and once in every yeaz thereafter the City Commission may
allow a 60 day period of availability at the Commission's sole discretion for one yeaz of
additional credited service. She stated this way the ordinance does not have to be
changed every year for those employees that are in the union.
The City Manager stated as he mentioned in his cover memo the City did
this last yeaz and there were a number of employees that took advantage of it. He stated
some positions the City did not replace and other positions the City replaced with
employees at a lower salazy. The City Manager stated this is a way of saving the City
money and urged the Commission to approve this ordinance so that the City can offer it
again this yeaz to help the City in cutting its budget.
Mayor Ellis asked if employees have until September 30, 2008 if they
want to notify the City or does that have to be their retirement date. In response, the City
Attorney stated the Commission really needs to set the window which is the 60 day
period. The City Manager suggested that those employees who elect to retire eazly must
do so no later than September 30, 2008.
Mrs. Montague asked if this automatically takes places without the
approval of the Commission every yeaz. The City Manager stated the Commission would
have to vote to open the window each yeaz.
Mr. Fetzer asked who would be eligible for this. The City Attorney stated
no more than 30 years of service and employees can be 58 years of age (normal
retirement age is 60) because if someone has 30 years of service it is not aged based. The
City Attorney stated an employee cannot be in the Deferred Retirement Option Plan
(DROP) Plan because you aze already retired for pension purposes so you cannot get an
additional credited service. The City Manager stated for the most part it is for people
who aze between the ages of 58-60 that can get the full retirement and not have it
actuazially reduced and they have enough service for qualifications.
Mr. Fetzer stated he supports the ordinance; however, philosophically he
has a problem in offering the early retirement incentive to employees then planning to
backfill that position. He stated he understands that we need this as a budget initiative to
help us reduce some of the salazy costs but he does not agree with backfilling positions.
Mr. Eliopoulos stated the City's logic is that someone would be hired at a
lower salary. The City Manager stated we are under great financial restraints this coming
yeaz as we were last year and it is much more likely that the position would be left open.
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- The City Manager stated he would like to have the flexibility that some positions are
pretty critical and it would be difficult to delete them but we do need to create some more
vacant positions right now. Mr. Fetzer stated it should be targeted and should be
managements' decision as to who gets the package. Mr. Fetzer stated in his opinion
management ought to be able to target which positions we are not going to backfill and
those should be the people that the City gives the eazly retirement incentive to.
Mr. McDuffie asked if this covers all classes of employees. The City
Manager stated it covers bargaining unit employees as well but it does not cover Police
and Fire because they are in a sepazate pension plan and they have their own early
retirement plan and they can get two yeazs of credit.
The City Attorney stated we need to bazgain the impact of this with the
general employees union before it affects them.
Mayor Ellis stated she will support the ordinance as is. Mr. Fetzer stated
he too will support the ordinance as well. Mr. Eliopoulos stated he will support it and
would like to see staff look into the different ways of looking at this because he feels it
has to be common practice in the business world. Mr. Eliopoulos asked if the City being
a governmental entity makes it prohibitive to do that.
The City Attorney stated this is a governmental scenario so everything
_ related to the pension (including any revisions) is done by ordinance. She explained this
is not just developing a program as an incentive but this is a pension ordinance and has to
apply to all of those that aze covered under the pension plan. The City Attorney stated
that does not mean that as a policy the City is not going to fill any of the positions that
may become vacant but it needs to be applied equally.
Mrs. Montague stated she would prefer to move this forward as a one year
ordinance and have it brought back and examined next year. Mrs. Montague stated she
objects to the language in the ordinance which states "once each yeaz thereafter" and
would like to see it brought back.
The City Attorney stated the new language in subsection 4 states
"effective in 2008 and once each year thereafter the City Commission may determine and
may allow in their sole discretion a 60 day period of availability." Mrs. Montague stated
she does not know where we are going in terms of this economy and she would approve
it for another year but for year 3 she would like to take a look at it more closely.
Therefore, she will support the ordinance but only effective in year 2008. The City
Attorney stated if that is the case staff can add a different paragraph and basically state
"effective September 1, 2008 through September 30, 2008 any eligible employee who
elects the eazly retirement incentive and any employee age 58 or older who elects to
terminate City employment and retire on or before September 30, 2008 shall receive up
to one additional year of credited service at no cost to the employee for the purpose of
calculating the employees normal retirement income providing that in no event shall any
employees credited service exceed 30 years." Mrs. Montague stated this language she
will support.
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It was the consensus of the Commission to support the new language. The
City Attorney stated the language will be added to the ordinance.
Mr. McDuffie moved to approve Ordinance No. 32-08 as amended,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs.
Montague -Yes. Said motion passed with a 5 to 0 vote.
12_B. ORDINANCE NO. 31-08: An ordinance amending Chapter 51,
"Garbage and Trash" of the Code of Ordinances by amending Section 51.01,
"Definitions", Section 51.16, "Exceptions in Certain Areas and for Certain Types of
Collection Services", Section 51.19, "Industrial and Hazardous Waste Disposal", Section
51.20, "Building Materials", Section 51.35, "Containers Required for Residential and
Commercial Sites", Section 51.37, "Use of Other Units and Containers", to clarify certain
definitions and terms regarding recycling and roll-off containers to provide that they aze
consistent with State Law and the City's Franchise Agreement; amending Section 51.45,
"Construction and Demolition Sites", to provide for the Non-Exclusive Collection Of
Construction and Demolition Debris and to provide for regulations governing such
collection. If passed, a public hearing will be scheduled for August 5, 2008.
The caption of Ordinance No. 31-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 51, "GARBAGE AND TRASH"
OF THE CODE OF ORDINANCES BY AMENDING
SECTION 51.01, "DEFINITIONS", SECTION 51.15,
"REFUSE COLLECTION RESERVED EXCLUSNELY
IN CITY OR ITS CONTRACTORS", SECTION 51.16,
"EXCEPTIONS IN CERTAIN AREAS AND FOR
CERTAIN TYPES OF COLLECTION SERVICES",
SECTION 51.19, "INDUSTRIAL AND HAZARDOUS
WASTE DISPOSAL", SECTION 51.20, "BUILDING
MATERIALS", SECTION 51.35, "CONTAINERS
REQUIItED FOR RESIDENTIAL AND COMMERCIAL
SITES", SECTION 51.37, "USE OF OTHER UNITS
AND CONTAINERS", TO CLARIFY CERTAIN
DEFINITIONS AND TERMS REGARDING
RECYCLING AND ROLL-OFF CONTAINERS TO
PROVIDE THAT THEY ARE CONSISTENT WITH
STATE LAW AND THE CITY'S FRANCHISE
AGREEMENT; AMENDING SECTION 51.45,
"CONSTRUCTION AND DEMOLITION SITES", TO
PROVIDE FOR THE NON-EXCLUSIVE COLLECTION
OF CONSTRUCTION AND DEMOLITION DEBRIS
AND TO PROVIDE FOR REGULATIONS GOVERNING
SUCH COLLECTION; PROVIDING A SAVING
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CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTNE DATE.
(The official copy of Ordinance No. 31-08 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Lula Butler, Director of Community Improvement, stated staff has
developed for the Commission's consideration as part of this ordinance the requirements
for non-exclusive participation in the City of Delray Beach for Construction and
Demolition Debris (C&D) roll-off services. Staff has provided for an application
process, standards of performance, insurance requirements, etc. and all those things come
into having the non-exclusive contract.
Mr. Eliopoulos asked if this is modeled after other cities. In response,
Mrs. Butler stated staff looked at the City of Hollywood, the City of West Palm Beach,
Wellington and the City of Boca Raton. She stated most of this is similaz to what Boca
Raton has offered.
Mrs. Montague asked if the fees are comparable. In response, Mrs. Butler
stated the fees aze comparable.
Mr. Fetzer asked if staff feels that the fees established here will make the
non-exclusive part of the C&D part of the contract where it will not impact our
residential and commercial rates. He stated we aze now going to add some fees to these
non-exclusive providers and inquired if that will offset so that we do not have to impact
the rates for our residential and commercial customers. Al Berg, Assistant Director of
Community Improvement, stated it will not impact it and what staff has done is really
open it up so that if you think you can get a better buy with someone else and if it is okay
and they have a good reputation the City will go ahead and give it to them. Mr. Berg
stated staff is asking fora $15,000.00 letter of credit so that everyone keeps within line
and does not do any damage to the property. He stated with regard to residential they
should get as good of a rate as they can with the competition.
The City Manager stated based on the City of Boca Raton the revenue
from this will more than offset the increase. Mrs. Butler stated staff expects a little more
revenue this way and they expect to have four major companies participating and the City
does not regulate their rates so they will compete on their own. Mr. Fetzer stated this is
what they aze trying to accomplish (non-exclusive but not drive the rates up for our other
residential and commercial customers).
Mr. McDuffie asked if there is any wording or language regarding the
_ Green Task Force's concerns that they brought to the Commission about the Construction
and Demolition (C&D) roll-off services being recycled and would like to make certain
that these haulers are going to deliver to a facility that will recycle. Mrs. Butler stated
staff did not mandate this in the ordinance; however, they can look into this.
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07/15/08
Mr. Eliopoulos stated he would like to caution the Commission about
mandating something like that but would definitely strongly encourage it. Mrs.
Montague suggested that the Commission put language in the ordinance "strongly
encourage".
Mayor Ellis stated this is a good thing and competition is the American
way and the neighboring cities that have done this have found that the consumers tend to
be the beneficiaries for these types of things.
Mr. Fetzer moved to approve Ordinance No. 31-08 on FIItST Reading as
amended to encourage Construction and Demolition (C&D) recycling, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said
motion passed with a 5 to 0 vote.
At this point, the Commission moved back to Item 9.D. of the Regular
Agenda.
9_D. PARHING LICENSE AGREEMENT/GAFFE LUNA ROSA. INC.:
Consider approval of a pazking license agreement with Gaffe Luna Rosa which amends
the language in Pazagraph 16, "Assignment" to provide that the agreement may be
assigned with the express written consent of the City Manager or his/her designee; and
also combines the agreements entered into on April 1, 2007 and April 1, 2008 to provide
for one complete agreement.
Terrill Pyburn, Assistant City Attorney, stated staff combined the
agreement from April 1, 2007 with the amendment from April 1, 2008 and changed
pazagraph 16 to provide that the City Manager may expressly permit the owner to assign
the contract in the event the restaurant changes ownership without the agreement coming
back before the City Commission.
Mr. Eliopoulos moved to approve the Parking License Agreement with
Gaffe Luna Rosa, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -
Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote.
9_E. RESOLUTION NO. 28-08: Consider approval of Resolution No. 28-08
amending Resolution No. 67-07 which created the Green Task Force in order to provide
an extension of time to November 27, 2008.
The caption of Resolution No. 28-08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
RESOLUTION 67-07, WHICH CREATED THE GREEN
TASK FORCE IN ORDER TO PROVIDE FOR AN
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EXTENSION OF TIME; PROVIDING AN EFFECTIVE
DATE.
(The official copy of Resolution No. 28-08 is on file in the City Clerk's
office.)
Richard Hasko, Director of Environmental Services, stated members of
the Green Task Force aze requesting the extension of time for the Task Force to
November 27, 2008. Mr. Hasko stated the Task Force spent an inordinate amount of time
eazly on reviewing the single stream versus dual stream recycling issues to make that
individual recommendation. Within the last month, the Green Task Force has lost a
member and a new member has been appointed and there are issues that they feel are
very important to accomplish in terms of some public input to come to a conclusion and
finalize the recommendations that they aze going to bring forward to the Commission.
Mrs. Montague moved to approve Resolution No. 28-08, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said
motion passed with a 5 to 0 vote.
9_F. SPONSORSHIP REOUEST/FLORIDA TRUST FOR HISTORIC
PRSERVATION 2009 CONFERENCE: Consider a request for funding a sponsorship
of the Florida Trust for Historic Preservation 2009 State Conference to be held in Palm
Beach County. Funding is available from 001-1111-511-34.90 (General Fund/Other
Contractual Services).
Paul Dorling, Director of Planning and Zoning, stated this is for
consideration of funding to sponsor the Florida Trust for Historic Preservation 2009 State
Conference to be held in Palm Beach County. Mr. Dorling stated this is the 31S` Annual
State Conference and Palm Beach County was chosen for 2009 in celebration of the
County's centennial. He stated the City of Delray Beach along with other cities within
the County as well as the County has been asked to consider supporting the Florida Trust
by sponsoring the conference. In 2004, the subject conference was held in Delray Beach
and the City donated $10,000.00. Staff recognizes the budget conditions have changed
from 2004 and staff recommends a funding level of $5,000.00 which is a platinum
sponsor. The City of West Palm Beach has sponsored at the level of $10,000.00
($5,000.00 cash and $5,000.00 in-kind services) and the Palm Beach County Board of
County Commissioners has donated $15,000.00. Mr. Dorling stated there is an option to
split the sponsorship with in-kind services and a cash contribution if that is the desire of
the Commission.
Mayor Ellis asked what type of in-kind services they are using. Mr.
Dorling stated West Palm Beach is not committed to the specific in-kind services. As a
recommendation, we could utilize the shuttle service for some sort of in-town local
tour(s). Mr. Dorling stated the City could provide printing assistance for maps and
brochures that sponsor and promote the City or it could be a combination of those (i.e.
presentation assistance with equipment for any of the facilities that eventually end up in
the City or in West Palm Beach at the County level). Staff has not finalized that nor has
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West Palm Beach.
Mrs. Montague stated with the City's commitment to historic preservation
she would like to see the City participate. However, she would recommend $2,500.00 in
cash and $2,500.00 for in-kind services. She states she realizes we are in difficult
economic times but some things we still need to pursue.
Mr. Eliopoulos stated he agrees with the in-kind services and the
$2,500.00. Mr. McDuffie stated he too feels the City should participate but contribute a
lesser amount.
Mr. McDuffie moved to approve the sponsorship request for the Florida
Trust for Historic Preservation 2009 State Conference to be held in Palm Beach County
with $2,500 in cash and $2,500 for in-kind services, seconded by Mrs. Montague. Upon
roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to
0 vote.
9_G. FILLING UNEXPIRED TERM OF COMMISSIONER
MONTAGUE: Provide direction regazding the process for filling the unexpired term of
Commissioner Brenda Montague.
Mayor Ellis stated in looking at how this has been handled in the past and
what our options aze she is recommending that as of today we make it known that anyone
who is interested in being appointed to this position send us a letter of interest along with
a resume that be directed to the City Manager's office where copies will be made and
distributed to the City Commission and that the letters of interest and resumes should be
in the City Manager's office by the close of business on July 22, 2008. Mayor Ellis
stated there will be a Workshop Meeting for the Budget on July 22, 2008 and she
proposes that the City Commission do due diligence and can talk or interview with any of
the applicants that the Commission receives interest from and be prepazed for a Special
Meeting on Tuesday, July 29, 2008 to have ranked the top three choices for the
appointment to disposition. Mayor Ellis stated this will be a special item on the Agenda
and these will be forwarded to the City Attomey who will tally the votes and hopefully
there will be a consensus. If there is not a consensus, the Commission would have the
option to discuss it and would also have the opportunity to postpone it to the next regulaz
City Commission Meeting of August 5, 2008.
Mr. Fetzer stated as he understands the Charter the City Commission has
to have an appointment finalized by August 19, 2008 without a Special Election. He
stated he feels the goal of the Commission should be to get this done without a Special
Election the City does not need the extra cost with all the budget issues right now. Also,
if the Commission appoints someone to this office they would have to run for re-election
in March 2009 for the remaining one year on that term. The City Attorney stated
whoever runs it will be for the remaining one yeaz on that term. Mr. Fetzer expressed
concern that July 22, 2008 is one week from tonight and he is not sure if this is adequate
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time to receive applications. He stated his preference is to allow two weeks to receive
applications because he feels this would allow the Commission time to review the
applications and talk to these people and act on it August 5, 2008.
Mayor Ellis stated everyone knows that Mrs. Montague is leaving and
those who are interested have probably already expressed that interest. She stated the
Commission has a lot of work to do and prolonging it is not in the best interest of the
Commission or the citizens' best interest. Mayor Ellis stated she is not expecting a flood
of applications; however, if this should turn out to be the case then on July 29, 2008 if the
Commission decides to they can postpone it until August 5, 2008. Mayor Ellis stated this
will be publicized with a press release. She stated it has been done like this in the past
and feels this is sufficient time.
Mr. Eliopoulos stated it will be difficult for him because he will be out on
vacation while the applications are coming in. He stated he would support placing this
item on Tuesday, July 29, 2008 because he will be back from vacation then and then
make a decision at the meeting of August 5, 2008.
Mr. Fetzer stated he would support having the letters of interest and
resumes due to the City Manager by July 29, 2008 and this will actually be discussed and
decided at the August 5, 2008 meeting. Mr. McDuffie stated because Commissioner
Eliopoulos will be out on vacation he feels more comfortable with this timeframe as well.
Mayor Ellis stated she would like to make sure that it is made clear that all
of the applications must go through the City Manager's office so that they can be logged
in and get distributed to the Commission properly.
The City Attorney stated at the meeting each Commissioner will have a
piece of paper with the applicants and they will rank them (top three choices) and this
will become part of the public record that night and the appointment will also be decided
that night.
Mr. McDuffie stated that nothing will be considered that has not gone
through the City Manager's office. Mayor Ellis stated everything has to go through the
City Manager's office because that is the only way to be certain that everyone receives
the same information.
Mr. McDuffie asked that the applications and resumes be scanned to PDF
format and emailed to the Commission.
It was the consensus of the Commission to support having the letters of
interest and resumes due to the City Manager by July 29, 2008 and that the filling of the
unexpired term of Commissioner Montague will be discussed and decided at the August
5, 2008 meeting.
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9.H. BID AWARD/SPORTS TURF ONE, INC.: Consider a bid award to
Sports Turf One, Inc., second low bidder, in the total annual cost of $56,400.00 for
landscape maintenance of approximately 8.7 acres of property at the Seacrest Soccer
Complex. Funding is available from 001-4131-572-34.90 (General Fund/Other
Contractual Services).
Linda Kazch, Director of Parks and Recreation, stated this item is before
the Commission to consider awazding a bid to Sports Turf One, Inc. (second low bidder)
in the amount of $56,400.00 for landscape maintenance for the property at the Seacrest
Soccer Complex. Sports Turf One, Inc. is the City's current vendor for other sports
related fields and has been servicing the City of Delray Beach contracts to the satisfaction
of the department within all the guidelines of the contract specifications. The low bidder,
Hany Maxime Landscaping, LLC is also a current landscape contractor for medians but
has had little or no experience with the caze of Bennuda sod and the maintenance
requirements for sports fields and is deficient in having the proper equipment required to
perform the work as outlined in the specifications of this bid package.
Mr. McDuffie moved to approve the bid award to Sports Turf One, Inc.,
for the Seacrest Soccer Complex, seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote.
9.H.H. RECONSIDERATION OF APPOINTMENT TO THE
DOWNTOWN DEVELOPMENT AUTHORITY: Reconsideration of a boazd
member appointment to the Downtown Development Authority (DDA) made by
Commissioner McDuffie on July 1, 2008. (ADDENDUM)
The City Attomey placed this on the Agenda at the request of
Commissioner McDuffie and this is for a reconsideration of the appointment of Hazold
Van Amem that was made to the Downtown Development Authority (DDA) on July 1,
2008. She explained that attached to the backup materials is Section 32.08 -Length of
Terms, Subsection "E" and it talks about serving on two boazds except in certain
circumstances that aze delineated in that section. The City Attorney stated at the current
time Mr. Van Arnem is the Vice Chair of the Education Boazd and is up for
reappointment. The City Attomey stated if the Commission is going to consider a
reconsideration it had to be at this next meeting under Robert's Rules that we have
adopted. The City Attorney stated if the Commission votes to reconsider then tonight the
Commission can vote to rescind the appointment but the reappointment of someone else
would not occur until the next regulaz meeting.
Prior to the vote, Mr. Fetzer stated we are in the process of losing some
very valuable people on the Education Boazd.
Mr. Fetzer moved to reconsider the appointment to the Downtown
Development Authority (DDA) by Commissioner McDuffie from the July ls` meeting,
seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr.
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Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor
Ellis -Yes. Said motion passed with a 5 to 0 vote.
Mr. McDuffie moved to rescind the appointment, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 5 to 0 vote.
9_I. APPOINTMENTS TO THE EDUCATION BOARD: Appoint five (5)
regulaz members to the Education Board for two (2) yeaz terms ending July 31, 2010.
Based upon the rotation system, the appointments will be made by Commissioner
Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3),
Commissioner Montague (Seat #4) and Mayor Ellis (Seat #5).
Mr. Eliopoulos moved to appoint Kenneth Zeno as a regulaz member to
the Education Board for a two (2) year term ending July 31, 2010, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said
motion passed with a 5 to 0 vote.
Mr. Fetzer moved to reappoint Hazold Van Arnem as a regulaz member to
the Education Board for a two (2) year term ending July 31, 2010, seconded by Mrs.
'- Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes;
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said
motion passed with a 5 to 0 vote.
Mr. McDuffie moved to appoint Gerald Crocilla as a regulaz member to
the Education Board for a two (2) yeaz term ending July 31, 2010, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said
motion passed with a 5 to 0 vote.
Mrs. Montague moved to appoint Derline Pierre-Louis as a regulaz
member to the Education Boazd for a two (2) yeaz term ending July 31, 2010, seconded
by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -
Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes.
Said motion passed with a 5 to 0 vote.
Mayor Ellis stated she wished to appoint Sandra Weatherspoon as a
regulaz member to the Education Boazd for a two (2) yeaz term ending July 31, 2010.
Mrs. Montague so moved, seconded by Mr. McDuffie. Upon roll call the Commission
voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs.
Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote.
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9.J. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD:
Appoint three (3) regulaz members to the Public Art Advisory Board to serve two (2)
yeaz terms ending July 31, 2010. Based upon the rotation system, the appointments will
be made by Mayor Ellis (Seat #5), Commissioner Eliopoulos (Seat #1) and
Commissioner Fetzer (Seat #2).
Mayor Ellis stated she wished to appoint Richard McGloin as a regulaz
member to the Public Art Advisory Board to serve two (2) yeaz terms ending July 31,
2010. Mr. Eliopoulos so moved, seconded by Mr. McDuffie. Upon roll call the
Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -
Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote.
Mr. Eliopoulos moved to appoint Dana Donaty as a regulaz member to the
Public Art Advisory Boazd to serve a two (2) yeaz term ending July 31, 2010, seconded
by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -
Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes.
Said motion passed with a 5 to 0 vote.
Mr. Fetzer moved to appoint Michiko Kurisu as a regular member to the
Public Art Advisory Boazd to serve a two (2) year term ending July 31, 2010, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -
Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes.
Said motion passed with a 5 to 0 vote.
9_K APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS
COMMISSION: Appoint one (1) regulaz member to the Public Employees Relations
Commission to serve an unexpired term ending August 1, 2012. Based upon the rotation
system, the appointment will be made by Commissioner Fetzer (Seat #2).
Mr. Fetzer moved to reappoint Edwazd Desmond as a regular member to
the Public Employees Relations Commission to serve an unexpired term ending August
1, 2012, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows:
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs.
Montague -Yes. Said motion passed with a 5 to 0 vote.
9_L. CHANGE ORDER NO. 2BSA CORPORATION/CITY HALL
INTERIOR RENOVATIONS PROJECT/IT REMOTE BUILDING PROJECT:
Consider approval of Change Order No. 2 in the amount of $39,909.00 to BSA
Corporation regarding the new Information Technology (IT) Remote Building Project.
Funding is available from 334-6112-519-62.85 (General Construction Fund/Capital
Outlay/City Hall Exp-IT Building) and 334-6112-519-62.86 (General Construction
Fund/City Hall-North Wing). (ADDENDUM)
Richard Hasko, Director of Environmental Services, stated this item is a
request for approval of Change Order No. 2 to the contract with BSA Corporation for the
north wing improvement which includes the IT Building. He stated these items relate
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directly to the IT Building and the total amount of the change order as submitted is
$39,909.00. Mr. Hasko stated most of the line items that the change order consists of aze
either unforeseen conditions or SPRAB approval requirements. He stated there were
some walls moved and some requests for additional outlets (both electrical and
communication, etc.) which was approximately $6,600.00. Mr. Hasko stated they started
out with a $31,000.00 credit because they originally had a flat roof on the building which
they changed to a normal roof. He stated they ended up needing about $8,500.00 versus
$31,000.00 was a layer of 5/8" drywall to segregate the attic space from the actual azea
above the acoustical ceiling so that tamed into a code requirement. Mr. Hasko stated this
was a fast track project and once staff did get moving on it they made some assumptions
that they were going to verify when they got to constmction about the soilest conditions.
Staff did not have reason to believe that they were going to have any dilatory soilest
conditions being as close to City Hall as it was. He stated staff thought they were just
going to go in there and compact a subgrade and build a slab and bring the building up
from there as you would normally expect. Mr. Hasko stated once the soil work was done
staff received recommendations from the geotechnical engineer to do some undercutting
and some back filling to replace some soils. He stated this represents a little over
$9,000.00 of the change order. Regarding lighting fixtures on the south side of the
building in the azea between the new building and City Hall, there were some
underground conflicts that they ran into with roof drains. Some electrical light conduits
and some very old underground junction boxes that staff did not realize were there added
some to the cost. Mr. Hasko stated there was a little less than $3,700.00 in additional
costs of electrical service because staff knew generally where the FPL drop was going to
be but you never really know exactly where it is until they actually finish their
engineering and put the post in the ground. It fumed out to be another 30 feet to get to
the service drop. Mr. Hasko stated one item that the City Manager caught was the
location of the generator. Originally staff sited the generator in one of the pazking spaces
adjacent to the building and the idea was to put it in close proximity to the building. He
stated staff knew the size of the generator based on the capacity that the building needed;
however, staff did not know the dimensional criteria for the generator which dictated the
size of the enclosure until they received the approved drawings from the sub-contractor.
He stated because of the physical size of the generator and the dimensions, the enclosure
grew and now it was starting to take up 1 %Z - 2 parking spaces. Mr. Hasko stated at that
time staff felt they were stazting to impact the available pazking close to City Hall and the
decision was made to relocate the generator and associated enclosure in the green space.
He stated much of the $13,600.00 has to do with the generator relocation. Mr. Hasko
stated $5,200.00 was needed for a handicapped access ramp and staff anticipated having
a level entrance but discovered that there was too much of a grade brake there to not have
an Americans with Disability Act (ADA) compliant ramp. Mr. Hasko stated another
major item on the change order was a requirement for part of the Site Plan Review and
Appeazance Board (SPRAB) approval to put a series of trellises between the new IT
building and City Hall and make it more appealing as a walkway. Mr. Hasko stated staff
is not sure that it will have much of an aesthetic benefit and noted that the City Manager
- recommended that we only build one trellis rather than three as to the timing since this
was a condition of SPRAB approval. He stated according to the City's ordinances he
believes there is a certain maximum period of time that can go by after which you do not
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have the appeal rights for their decision. Mr. Hasko suggested that we approach this as a
deferral as opposed to an ovemde if there is an issue with the Land Development
Regulations or the ordinances. He stated if the City chose to build one trellis instead of
three the cost would be $5,500.00 versus $17,400.00 and it would reduce the overall
change order. Mr. Hasko stated there is funding available for these increases in the
project accounts.
Mr. Eliopoulos stated he is a little disappointed and discussed with staff
about preventing these things from happening. He stated some of these items are really
simple and agrees with staff that some of it is value added but in the business when you
add it after the fact the contractor gets more profit than overhead and it ends up costing
the City more money. Mr. Eliopoulos stated it is the City's policy and feels it should be
most azchitects and engineers' policy that you do not design anything until you have a
soils report. Mr. Eliopoulos stated the soil in this whole azea is sand and it's not that
good. He stated we cannot do anything about the change order because the building is up
and BSA already did the work. Mr. Eliopoulos suggested that staff mandate that on
every project that we provide that whoever the consultants aze because they need it and it
is critical. He stated he agrees that some of the costs would have been in the price and
sometimes it gets lost in the price and you don't pay the full value. Mr. Eliopoulos stated
he could not see that this professional had an accurate survey and with the surveys there
is topos. Mr. Eliopoulos stated we should not be adding things such as handicapped
ramps at this point and commented about a light fixture on site and the light had to be -
moved and feels we should not making these mistakes. Mr. Eliopoulos stated
Environmental Services is phenomenal when it comes to underground work but for above
ground work they need help and he does not feel they should just depend on the
consultants. He stated we depend on the consultants but we need somebody within this
City to look at things and see that these aze some simple code items. Mr. Eliopoulos
commented about the generator and the loss of the two parking spaces and stated these
things need to be communicated to the City Manager so that he is made awaze of it in the
beginning. Mr. Eliopoulos stated any time we can prevent some of these things from
happening this is what he wants to see. Mr. Eliopoulos stated the consultant has done a
good job but there is some missing information on the drawings and we should have
asked for a survey because all these things are standazd. He concurs with SPRAB that
this is not an attractive building but we aze in hazd times now with regard to the budget.
Mr. Eliopoulos concurs with the City Manager that instead of building three trellises we
should build one trellis. Mr. Eliopoulos stated he would like to defer it and there aze
definitely possibilities of doing an alternate design which will be much more affordable
and will give the same affect. He stated it is way too late in the game to be adding things
like the ramps and the stairs. Mr. Eliopoulos reiterated that he would like to see staff
communicate with the consultant and/or especially with the City Manager about what is
going on because he does not totally agree that this was a rush job. Mr. Eliopoulos stated
this was being looked at last summer about whether or not this was something the City
wanted to do. He stated he feels that there was time and that this could have been
avoided. Mr. Eliopoulos stated when it comes to buildings the Engineering staff needs -
some more input.
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07/15/08
Mr. Hasko stated one of the things they did discuss potentially with the
understanding that there is some level of additional costs versus change orders has to be
weighed out but for projects such as this perhaps in the future it might be a good idea if it
is standard practice. He stated that his staff is generally civil oriented and there are a
couple of guys that aze qualified to review this type of thing but noted he does not have
any azchitects on staff. Mr. Hasko stated they rely on the consultants and maybe as a
standazd practice for this type of work in the future staff will factor in some level of value
of engineering on each of these projects to get a separate detached unbiased review of the
plans.
Mayor Ellis inquired about the FPL drawing. She stated Mr. Hasko stated
that the drop is not always where it is supposed to be and asked if he means that not only
did we not know where the drop was but FPL did not know where it was either. Mr.
Hasko stated FPL does not know where it is going until they finish their engineering even
on something as simple as a drop for this building. Mr. Hasko stated their plans are
pretty well along if not done and bid by the time that happens. He stated staff made some
assumptions in the general azea and discussed with FPL and their representatives as to
where the drop is going to go. Mr. Hasko stated after that point FPL sends it to their
Engineering Department and it is not uncommon that it gets shifted ten feet one way and
five feet another way.
The City Manager stated some of the City's private contractors have had
this problem as well.
Mayor Ellis inquired about the deferral. Mr. Hasko stated after the
SPRAB meeting if you get approval with conditions attached the applicant can appeal
any of those conditions that he does not agree with to the City Commission and believes
there is a ten (10) day window that the applicant has to do that which staff did not do
because at that time staff did not think there was going to be a significant cost to the
trellis. Therefore, staff did not pursue it and we are well beyond that ten (10) day point.
The City Attorney stated one idea would be to defer the trellis building
until there is a notice to proceed specifically for that and go back to SPRAB and tell them
that the Commissions recommendation is monetary and we cannot do it and have a
modification to the site plan on that basis. She stated if they decide not to modify it then
you have the ability to appeal.
Mrs. Montague asked if the original contract amount of $684,783.00
includes the $31,000.00. Mr. Hasko stated that amount includes the $31,000.00. He
stated an additional item that staff is not bringing before the Commission tonight but
would like them to be aware of is to do with the site landscaping. He stated the landscape
plan was done in-house last yeaz and there was an allowance in the contract and the cost
that staff has for that plan is exceeding the allowance. Mr. Hasko stated staff would like
to give that back to the new in-house horticulturist and have him review that landscape
plan and see if he can do something to get them back into budget. Mrs. Montague stated
given the fact that SPRAB added the trellises for aesthetic reasons can we review that
-35-
07/15/08
section as part of what staff is doing with the horticulturist. Mr. Hasko stated that is part
of what the horticulturist will look at.
The City Attorney stated she believes that can we delete the trellises from
this change order and bring it back when staff has the landscaping. Mr. Hasko stated
staff is hoping not to do that because they need to get it back down under the allowance
number that is in the contract.
Mr. Eliopoulos stated without having the chance to talk to the azchitect he
thinks we can come up with a more reasonable solution if we go with the trellis. He
stated from what he saw with regazds to some sketches on the stairs and the ramp the
architect might be able to look at that too and possibly save the City some money.
Prior to the vote, there was brief discussion between the Commission and
staff regarding the $17,455.00. For clarification, the City Attorney recommended that the
motion also include eliminating the $17,455.00 from the change order with the direction
to get a review by SPRAB to remove that requirement.
Mrs. Montague moved to approve Change Order No. 2 for BSA
Corporation putting a hold on the implementation of the trellis portion so that staff can
take it back to SPRAB and let them know that the City Commission desires to eliminate
the trellises from the approval and removing the $17,455.00 from the change order,
seconded Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -
Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes.
Said motion passed with a 5 to 0 vote.
9.M. MOVED TO THE REGULAR AGENDA AS ITEM 9.H.H.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Mana¢er
The City Manager echoed comments expressed by the City Attorney's
office and stated it has been a real pleasure working with Commissioner Montague and
she will be missed.
13.B. City Attorney
The City Attorney reported that she had a telephone conference with some
lawyers today and it seemed to go pretty well.
Secondly, the City Attorney stated she will miss Commissioner Montague.
-36-
07/15/08
13.C. City Commissiou
13.C.1. Mr. Fetzer
Mr. Fetzer wished Commissioner Montague and her family the best in
their new life in California. He stated it has been a pleasure to work with Commissioner
Montague and wished her the best of luck.
Secondly, he announced that Mazlo Belkin is resigning as our Executive
Director of the Milagro Center because she is going to be moving to Califomia and will
also be missed.
Lastly, Mr. Fetzer commented about the improvement to the FCAT scores
in Delray Beach. He stated when he moved here in 1982 his children were elementary
school age and the schools in Delray Beach had a terrible reputation. He stated three
schools moved into the "A" category (Plumosa, Orchazd View and Carver) and noted that
regazding the nine schools we have in Delray Beach that aze under the FCAT system, six
of them aze "A" schools, two of them are "B" schools and one is a "C" school. Mr.
Fetzer stated our City is one of the few municipalities that get involved in working with
our schools. He stated this is a remazkable achievement for our schools and he is proud
of what Delray Beach has been able to contribute to that.
13.C.2. Mr. Eliououlos
Mr. Eliopoulos stated Commissioner Montague is the whole package and
wished her well. He stated it has been an honor to serve with Commissioner Montague
and commented that she brought class and wisdom to this place and will be missed. Mr.
Eliopoulos wished the best of luck to Commissioner Montague and her family.
13.C.3. Mr. McDuffie
Mr. McDuffie stated Commissioner Montague has been an asset to the
City Commission and to the City.
Secondly, Mr. McDuffie stated he stepped out of a restaurant on Saturday
in St. Augustine and ran into Perry DonFrancisco.
13.C.4. Mrs. Montague
Mrs. Montague said "goodbye" to Alice Finst and "goodnight" to
everyone.
13.C.5. Mayor Ellis
Mayor Ellis stated the FCAT scores are truly phenomenal: She stated she
moved to Delray Beach in the early 1970's and did not have children until 1975. Mayor
-37-
07/15/08
Ellis stated where they lived off Swinton Avenue was zoned for Spady Elementary at the
time and they were having a meeting for orientation. Mayor Ellis stated she had an
unpleasant encounter in the parking lot while trying to attend this orientation meeting.
She stated in those days it was called the "Delray Dilemma" and the improvement of the
schools was a turning point in Delray Beach. Mayor Ellis stated they knew that nothing
else was going to work if they did not improve their schools because they were not going
to attract businesses or attract people who wanted to live here if we did not have decent
schools for them to attend. Mayor Ellis stated when she looks at where Delray Beach is
today and the involvement of the community, the education process was the difference.
Secondly, she stated so many people contacted her because it was their
first time seeing the fireworks and they were very complimentary of all the 4`h of July
activities. Mayor Ellis stated this was a phenomenal event and it made her very proud.
Mayor Ellis stated she met with Lincoln Properties who owns the old
Office Depot property and they discussed their plans and timeframes, etc. She stated they
aze right in line with what Delray Beach is looking for which is mixed use retail office
residential. Mayor Ellis stated their intent is to do a first class job and they are looking at
3-5 yeazs down the road for this. She stated Lincoln Properties is actually going to the
County next to try and work out a different exit from the property without going through
Germantown Road which would be a plus. Mayor Ellis stated she has done some
reseazch and Lincoln Properties has done good projects.
Mayor Ellis stated not only is Commissioner Montague a talented woman
and a great contributor to our community but she has also become a wonderful friend.
Mayor Ellis stated Commissioner Montague will be missed.
Lastly, Mayor Ellis stated we aze in real tough times with regazds to the
budget and commented that the Commission is going to make this happen and get the job
done with the help of the department heads and the City Manager. She thanked the entire
Commission and stated it is truly a pleasure and honor to be Mayor of the City of Delray
Beach and work with such a wonderful group of people.
There being no further business, Mayor Ellis declazed the meeting
adjourned at 9:45 p.m.
~~,~0. .~..,:.,
City Clerk
ATTEST:
~'~~~~ ~~
MAYOR
-38-
07/15/08
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on July 15, 2008, which Minutes were formally approved and adopted by the City
Commission on August 5, 2008.
`J. \y
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.
-39-
07/15/08
FIt1RM AR IIACIIAA~A~~nf~w^ ~~.~..~....~ __ - __-
• •••~•^^ ..~+ m~~nvll~eiwuVwl vl- VV 111110 GUNFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
_ T NAME-FIRSTNAME-MIDDLE NAME N~ ~ ~ ~4 ~
Elio oulos Gar P. ~~'~'~~~
DelrayBeach City Commission
AAIUNG ADDRESS THE BOARD COUNCIL. C041MISSION, AUTHORITY oR
205 George Bush Boulevard wwcHlsERVE lsatxaroF. CDMMtTTEE ON
~' 7Fi:crtY ocouNrv ooTt~RLOCgLACENCr
Delray Beach, Florida 33444 Pa m Beach wIMEOFppLmcALSUeomslorr:
DATE ON WHICH VOTE OCCURRED
7/15/2008 tea` 1~eLECTwE o APPOIlRIYE
WHO MUST FILE FORM 8B
This farm is for use by any person serving at the county, dty, w other k1ca1 level of govemment on an appointed w elected boarcl, coundl,
commrsskxl, authority. or committee. It applies equally to members of advisory and nonadvisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsU>iGUes under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
an whether you hoW an elective w appointive position. For this reason, please pay dose attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, munidpal, or other kraal public office MUST ABSTAIN from voting on a measure which
lures to his w hor spadal private gain or bss. Each elected or appointed bcal officer also is prohibited from knowingly voting on a mea-
ure whkh inures to the spedal gain w loss of a prindpal (other than a govemment agency) by whom he or she is retained (inducting the
anent organization or subsidiary of a corporate prindpal by which he or she is retained); to the specal private gain or loss of a relative: or
to the specal private gain or loss of a business associate. Commissioners of community redevelopment agendas under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a oneacre, one-vote basis are not prohibited from voting in that
capaclty.
For Purposes of this law, a "relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother~Maw, son-IMaw, and daughter-iMaw. A 'business assodate" means any person or entity engaged in or canying on a business
enterprise with the officer as a partner, joint venWrer, ccowner of property, w corporate shareholder (where the shares of the corporation
are not listed on any national w regional stock exchange).
ELECTED OFFICERS:
In additbn to abstaining from voting In the situations described above, you must disclose the conflict
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting. who shouts incorporate the (onn in the minutes.
APPOINTED OFFICERS:
Aflhough you must abstain from voting in the situations described above. you oUlerwise may participate in these matters- Howevw, You
must disclose the naWre of the conflict before making any attempt to influence the deasion, whether orally or in writing and whethw made
~Y You or at your direction.
YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
U<EN:
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
nxnutes of the meeting, who will incorporate the farm in the minutes. (Continued on other side)
CE FORM BB-EFF.1/2000 ITEM S.N. = ITEM 9.A.A. (Marriott Residence Inn) pgGE1
APPOINTED OFFICERS (continued)
• A copy of the tam must be provided immediately to the other members of the agerwy.
• The forth must be read publicly at the next meeting after the fOrrrr is flied.
IF YOU MAKE NO ATTF~IPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• Yau must disclose salty the nature of your conflict in fire measure before participating.
• You must complete the (arm and file ft within 15 days after flee vote oxurs with the person responsible for recording the minutes el the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediatey to the other members el the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Gary P. Eliopoulos
July 15
(a) A measure camA a will come before my agency which (check one)
Inured b my spedal private gain a bss;
XXX Inured to the specal gain or bss of my business assodate,
inured to the special gatn or bss of my relative,
Inured to the special gain a loss of
whom I am retained; a
_ inured to ttre specal gain a loss of
Eliopoulos Architecture, .Inc.
hereby disclose that on , 20 _:
is the parent organization or subskliary of a pdndpal which has retained me.
(b) The measure before mY agency and the nature of my conflicting interest in the measure is as fellows:
Gate Filed
as
by
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED 510,000.
CE FORM 8B - EFF. 12000. PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIODLE NAME NAME OF BOARD, COUNCLL, COMMISSION, AUTHORITY, OR COMMITTEE
Eliopoulos, Gary P. Delray Beach City Commission
MNLING ADDRESS THE 60ARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
205 George Bush Boulevard wMICHISERVE ISauNrt oF:
GTY COUNTY CffY ^COUNTY
Delray Beach, Florida 33444 Palm Beach NAME OFPOUTICALSUaonnsloN:
DATE ON VVFfICFI VOTE OCCURRED
7 / 15 / 2008 My roslrloN ls;
_. O ELECTIVE O
WHO MUST FILE FORM86
This form ~ for use by any person serving at the county, dty, or other kTCal level of government on an appointed or elected board, ceundl,
commission, authority, w committee. It applies equally to members of advisory and nonadvisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Fbrida Statutes.
Your responsl'M'lifies under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hoW an elective or appointive position. Fw this reason, please pay cbse attentan to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective w appointive county, municipal, w other lops public office MUST ABSTAIN from voting on a measure which
inures to his or her specal private gain or bss. Each elected or appointed lops officer also is prohibited from knowingly voting an a mea-
sure which inures to the special gain or loss of a prncpal (other than a government agency) by whom he or she is retained (inGuding the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business assocate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent speaal tax districts elected on a one-aae, one-vote basis are not prohibited from voting in that
capacity.
Fw purposes of this law, a "relative' indudes only the officer's father, mother,son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-iMaw, and daughter-iMaw. A "business associate' means any person or entity engaged in or prrying on a business
enterprise with the officer as a partner, joint venturer, ceowner of property, w corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situatons described above, you must disGose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate The form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose The nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at yaw direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE HALL BE
TAKEN:
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording The
minutes of The meeting, who will incorporate the form in the minutes. (Continued on other sides
CE FORM BB - EFF. 12000 PAGE 1
ITEM 8. N. =ITEM 9.A.A. (226-228 & 230-232 .Palm Court)
APPOINTED OFFICERS (continued)
• A ~Y of fhe form must be pro~rided immediately to the other members of the agency.
• The form must be read publidy at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must discbse orally the nature of your conflict in the measure before partidpating.
• You must complete the form and file d wAhin 15 days attar the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to fhe other members of fire
agency, and the form must be read puf~lidy at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
l Gary P. Eliopoulos .herebydisdosethaton July 15 .40 08
(a) A measure came or will come before my agency which (dredr one)
_ inured to my special private gain or loss;
R7QC inured to the special gain orbssofmybusinessassociate, Elioooulos Architecture Inn.
inured to the spedal gain or loss of my relative,
inured to the spedal gain or loss
whom I am retained; or
_ inured to the spedal gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
7/15/2008
Date Filed
by
which
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 7/2000 PAGE 2
L
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR ALOHA CLEANERS
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This waiver request has come before the City Commission on July 15,
2008 where the applicant is requesting a waiver to the 10' landscape setback
requirement.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for Aloha Cleaners.
Ail 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 4.3.4(H)(6)(b)(2), which requires that along Federal Highway,
double frontage lots up to 200' in depth, shall provide a 10' landscape setback. The
applicant has requested a waiver to this requirement.
Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body
shat{ make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not sign~cantly 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.
Does the minimum width landscape setback waiver request meet all the requirements
of 2.4.7(8)(5)?
Yes 5 No 0
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.
1
I ~ "l . ~, ~~f~/oP
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 n3cord 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 X
denies _ the waiver request to LDR Section 4.3.4(H)(6)(b)(2).
6. Based on the entire recorcl before it, the City Commission hereby adopts
this Order this 15"' day of July, 2008, by a vote of 5 in .favor and 0
opposed.
~,~
ATTEST: ~ R ta~, Mayor
~ ~ ~~
Chevelle Nubin, City Clerk
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
-. DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR WALMART
ORDER OF THE CITY COMMISSION
OF THE G`ITY OF DELRAY BEACH, FLORIDA
1. This waiver request. has come; before the City Commission on July 15,
2008 where the applicant is requesting a waiver to the maximum driveway width
requirement increasing it to 48 feet for this waiver.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for Wal-Mart. All of
the evidence is a part of the record in this case. Required findings are made in
accordance with Subsection I.
I. WAIVER:
Pursuant to LDR Section 4.1i.9(D)(3)(a), the point of access to a street or alley shall be
a maximum of 24 feet unless a greater width is specifically approved as a part of site
and development plan approval. However, in no event shall such point of access be
greater than 36 feet. The applicant has requested a waiver to increase the width of the
driveway along Military Trail to 48 feet.
Pursuant to LDR Section 2.4.7(8)(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 signiflicantlydiminish 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 applipnt
or owner.
Does the minimum width landscape setback waiver request meet all the requirements
of 2.4.7(8)(5)?
Yes 5 ~ No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
1
~~erY1 q. Q ?~ts o,s
..,~:
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 5
denies 0 the waiver request to LDR Section 4.6.9(D)(3)(a).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 15"' day of July, 2008, by a vote of 5 in favor and 0
opposed.
ATTEST: Ri Ellis, Mayor
h velle Nubin, City Clerk
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR LA CIGALE RESTAURANT
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This waiver request has come before the City Commission on July 15,
2008 to allow for an increase in the size of a sign.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for La Cigale
Restaurant. All of the evidence is a part of the record in this case. Required findings
are made in accordance with Subsection I.
I. WAIVER:
LDR Section 4.6.7(H)(3)(c)(2).provides that free standing signs may be located within
the setback if the sign area is less than 20 square feet. The Applicant has requested a
waiver from this requirement to allow a 28 square foot sign to be located in a setback.
Pursuant to LDR Section 2.4.7(8)(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
Does the waiver request meet all the requirements of 2.4.7(8)(5) subject to the
conditions, if any, listed below?
Yes 5 No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
1
+~ q. c '~15 ~~~
submitted and finds that its determinations set forth in this Order are consistent wfth 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 X
denies _ the waiver request to LDR Section 4.6.7(H)(3)(c)(2) regarding the size of
the sign, subject to the oondftions, if any, imposed in this order.
6. Based on the entire record before R, the City Commission hereby adopts
this Order this 15"' day of July, 2008, by a vote of 5 in favor and 0
opposed.
~~
ATTEST: Rita Ellis, Mayor
(J~e.~ • ~Ga~Gr~. ~VL btrta.t.1~
Chevelle Nubin, City Clerk (~ (~
2