01-06-09 Regular Meeting MinutesJANUARY 6.2009
A Regular Meeting of the City Commission of the City of Dekay Beach,
Florida, was called to order by Vice Mayor McDuffie in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, January 6, 2009.
1. Roll call showed:
Present - Commissioner Gary Eliopoulos
Vice Mayor Woodie McDuffie
Commissioner Mackenson Bernard
Absent - Mayor Rita Ellis
Commissioner Fred Fetzer
Also present were - David T. Harden, City Manager
Terrill Pyburn, Assistant City Attorney
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Kathleen Gannon with St.
Paul's Episcopal Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
The City Attorney stated there is a revised Board Order for Item 9.A.,
Waiver Request/S.W. 14th Avenue.
The City Attorney suggested that Item 9.B., Waiver Request/Pugliese
Office Building and Item 9.C., Waiver Reguest/Worthing Place be postponed to the
meeting of January 20, 2009.
Mr. Eliopoulos requested that Item 8.C., Supplemental Consulting
Services Agreement/Glatting Jackson Kercher Anglin, Inc./Old School Square Park
of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A., Item 8.E.,
Contract Closeout (C O No 1/FINAL) West Construction, Inc./Fire-Rescue Station
No. 4 of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A., and Item
8.G., Resolution No 01-09/Alternative Water Supply Grant/South Florida Water
Management District (SFWMD) of the Consent Agenda be moved to the Regular
Agenda as Item 9.A.A.A.A.
Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mr.
Bernard. Upon roll call the Commission voted as follows: Vice Mayor McDuffie -Yes; Mr.
Bernard -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote.
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5. APPROVAL OF _MINUTES: ,
Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of ~
December 2, 2008, seconded by Mr. Bernard. Upon roll call the Commission voted as
follows: Mr. Bernard -Yes; Mr. Eliopoulos -Yes; Vice Mayor McDuffie -Yes. Said
motion passed with a 3 to 0 vote.
Mr. Bernard moved to approve the Minutes of the Regular Meeting of
December 9, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mr. Eliopoulos -Yes; Vice Mayor McDuffie -Yes; Mr. Bernard -Yes. Said
motion passed with a 3 to 0 vote.
6. PROCLAMATIONS:
6.A. Martin Luther King, Jr. Day -January 19, 2009
Vice Mayor McDuffie read and presented a proclamation hereby proclaiming
January 19, 2009 as Martin Luther King, Jr. Day in the City of Delray Beach. Lillie Strainge
came forward to accept the proclamation and gave a few brief comments.
6.B. Recognizing and Commending the Delray Rocks Football and
Cheerleading Squads
:~
Vice Mayor McDuffie read and presented a proclamation hereby recognizing
and commending the Delray Rocks Football and Cheerleaders Participants for their
representation of the City of Delray Beach Parks and Recreation Department and offer them
congratulations on an outstanding job in the 2008 South Florida Youth Football &
Clieerleading Competition. Linda Karch, Parks & Recreation Director and David Ricks,
Recreation Supervisor IV came forward to accept the proclamation and gave a few brief
comments.
7.
PRESENTATIONS:
7.A. None
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. WATER AND SANITARY SEWER EASEMENT
AGREEMENT/WALMART: Approve an easement agreement for water and sanitary
sewer lines associated with the renovation of the Walmart store located at 16205 S. Military
Trail.
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8.B. HOLD HARMLESS AGREEMENT/NEW CENTURY LINTON
ONE, LLC: Approve and authorize execution of a Hold Harmless Agreement between the
City and New Century Linton One, LLC for improvements placed within a utility easement
located at 500 Linton Boulevard.
8.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.D. REIMBURSEMENT/FLORIDA EAST COAST RAILROAD
(FEC)/S.E. 10 STREET: Approve a request to reimburse Florida East Coast Railroad
(FEC) in the amount of $36,743.81 for the reconstruction of the S.E. 10`h Street crossing.
Funding is available in 334-3162-541-46.90 (General Construction Fund/Repair & Maint.
Services/Other Repair/Maint. Costs).
8.E. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.
8.F. CONTRACT ADDITION (C.O. NO. 1)/DELTA PETROLEUM &
INDUSTRIAL, INC.: Approve a Contract Addition (C.O. No. 1) in the amount of
$15,229.00 to Delta Petroleum & Industrial, Inc. for connecting the recently
installed emergency generator at the Police Department to the existing underground diesel
tank. Funding is available from 334-6112-522-64.90 (General Construction
Fund/Machinery/Equipment/Other Machinery/Equipment).
8.G. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.A.
8.H.
AGREEMENT W
COUNTY/EXTENSION OF MANGO DRIVE AND S. W. 7th AVENUE: Approve
Amendment No. 2 to the Agreement between the City and Palm Beach County to extend
the deadline to May 31, 2009 for the extension of Mango Drive and S.W. 7th Avenue
through the Disaster Recovery Initiative (DRI) Program.
8.I. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT/ACHIEVEMENT CENTERS FOR
CHILDREN'AND FAMILIES: Approve and authorize the execution of the funding
agreement with one (1) sub-recipient (Community Childcare Center d/b/a Achievement
Centers for Children and Families) under the Community Development Block Grant
(CDBG) program for FY 2008-2009 Annual Action Plan, with the total funding in an
amount not to exceed $80,000.00. Funding is available from 118-1966-554-82.09
(Neighborhood Services/Aid to Private Organ./Child Care Center).
8_J. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT/FAIR HOUSING CENTER OF THE
GREATER PALM BEACHES: Approve and authorize the execution of the funding
agreement with one (1) sub-recipient (Fair Housing Center of the Greater Palm. Beaches,
Inc.) under the Community Development Block Grant (CDBG) program for FY 2008-2009
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Annual Action Plan, with total funding in an amount not to exceed $5,000.00. Funding is ~ .~
available from 118-1961-554-49.17 (Neighborhood Services/Other Current
Charges/Promotion of Fair Housing).
8.K. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT/URBAN LEAGUE OF PALM BEACH
COUNTY: Approve and authorize the execution of a funding agreement with one (1) sub-
recipient (the Urban League of Palm Beach County, Inc.) under the CDBG program for FY
2008-2009, with total funding in an amount not to exceed $6,500.00. Funding is available
from 118-1966-554-83.01 (Community Development Fund/Other Grants and Aids).
S.L. FUNDING AGREEMENT/PALM BEACH COUNTY/DELRAY
DIVAS STEP TEAMS AND DELRAY DIAMONDS AND PEARLS DANCE
TEAM: Approve and accept an agreement between the City and Palm Beach County for
the Recreation Assistance Program (RAP) District 7 to reimburse the City in an amount not
to exceed $5,000.00 for the Delray Divas Step Teams and Delray Diamonds and Pearls
Dance Team for eligible expenses incurred between January 1 and October 1, 2009.
8.M. PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES
GRANT: Approve and accept a Palm Beach County Emergency Medical Services (EMS)
Grant in the amount of $43,880.00; and authorize staff to submit a letter of confirmation to
the Palm Beach County Division of Emergency Management to officially accept the grant
award and the State and County grant requirements.
8.N. SPECIAL EVENT REQUEST/HOWARD ALAN 12`" ANNUAL
WINTER STREET CRAFT FESTIVAL: Approve a special event request to endorse
the 12` Annual Delray Beach Winter Street Craft Festival to be held on February 28 and
March 1, 2009 from 10:00 a.m. - 5:00 p.m.; including a temporary use permit per LDR
Section 2.4.6(F) for use of N.E./S.E. 4`h Avenue, one block north/south of Atlantic Avenue
as well as the north end of Hand's, parking lot for vendor parking; and to authorize staff
support for security and traffic control with the event sponsor paying all overtime costs, and
to permit an event sign to be erected on Atlantic Avenue just east of I-95, 10 days prior to
the event.
8.0. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE:
Approve a special event request to endorse the Art & Jazz on the Avenue scheduled for
January 29, 2009 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR
Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton Avenue to the west side of
N.E./S.E. 7`'' Avenue, Railroad Avenue from Atlantic Avenue north to the north side of the
east/west alley, and to the alleys north and south of Atlantic on N.E./S.E. ls` Avenue,
N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, N.E./S.E. 4`" Avenue; and to authorize staff support
for security and traffic control, banner hanging and removal, barricade set up and removal,
trash removal and clean up; contingent on the receipt of an updated certificate of liability
insurance.
8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
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the period December 8, 2008 through January 2, 2009.
8.(Z AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Petroleum Traders Corporation in the amount of
$375,000.00 for the purchase and delivery of gasoline and SMF
Energy Corporation in the amount of $200,000.00 for the purchase
and delivery of diesel fuel ([Jura Low Sulfur No. 2), via the Florida
State Contract #405-000-04-1. Funding is available from 501-3311-
591-52.51(Garage Fund/Operating Supplies/CG Inventory-Fuel).
Mr. Eliopoulos moved to approve the Consent Agenda as amended,
seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Vice Mayor
McDuffie -Yes; Mr. Bernard -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0
vote.
9. REGULAR AGENDA:
9.A.A. SUPPLEMENTAL CONSULTING SERVICES
AGREEMENT/GLATTING JACKSON KERCHER ANGLIN, INC./OLD
SCHOOL SQUARE PARK: Approve a Supplemental Consulting Services Agreement
with Glatting Jackson Kercher Anglin, Inc., in an amount not to exceed $23,700 for
supplemental consulting services requested by staff relative to the Old School Square Park
project. Funding is available from 334-4151-572-63.59 (General Construction
Fund/Improvements Other/Old School Square Park Improvements).
Richard Hasko, Director of Environmental Services, stated this item is a
request for Commission consideration of a supplemental agreement with Glatting Jackson
Kercher Anglin, Inc. and has to do with the Old School Square Park improvements. Mr.
Hasko stated staff met with Glatting Jackson Kercher Anglin, Inc. on the project to develop
and refine our scope for the Phase I design scope for their contract. He stated in
discussions staff identified a number of things that needed to happen either prior to or in
conjunction with the design of the project. Staff requested proposals from Glatting Jackson
Kercher Anglin, Inc. for that work and there are basically three tasks. The first is not to
exceed $9,500.00 on an hourly basis was to update the FCT Grant documents. Mr. Hasko
stated we now have an approved Master Plan that has shifted some things around that they
had not seen. He stated essentially the whole document has to be reviewed and any
revisions that the Master Plan has effect on the document has to actually be made in the
document and provided with the Master Plan and show them where all of the elements that
were required in the FCT Grant are going to go. Mr. Hasko stated it is basically an entire
update of that document. Staff did not feel comfortable doing that in-house because of the
technical aspects involved with it. Mr. Hasko stated the other two items have to do with
funding. He stated City staff spoke with the Old School Square staff and agreed that it was
very important that we had some vital exhibits as well as some ballpark costs for the
components that are shown in the Master Plan in future phases so that Old School Square
staff could begin to use those materials to solicit sponsorships and get the word out about
the project to hopefully advance availability of funding so that staff could move on with the
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project after Phase I. One of those was the preparation of a brochure of a graphic
illustration in several perspectives of the project. Mr. Hasko stated the other one was the
preparation of the actual estimated cost of individual components that would match the
brochure. Mr. Hasko stated those were proposed for $6,700.00 and $7,500.00; and the total
proposal amount is $23,000.00.
Mr. Eliopoulos stated at the last presentation it appeared that the
stakeholders were pleased with what they saw. Mr. Eliopoulos asked Mr. Hasko if he has
anything in his hands now. Mr. Hasko stated staff has what the Commission saw at the last
meeting (both in electronic form and the visual boards). Mr. Eliopoulos stated the way he
interpreted it the last time was they were going to give what the stakeholders would be happy
with and we got that. At that point, Mr. Eliopoulos stated he thought the next step was that
the City would then go out for an RFP (Request for Proposal) for someone to actually
produce the drawings for this phase. Mr. Eliopoulos asked if there is a timeframe with the
FCT Grant. In response, Mr. Hasko stated Mr. Barcinski has been working closely with the
grant people keeping them current on the status of the project. They have been flexible until
this point but there are requirements that kick in with the FCT Grant in terms of updating
and maintaining that document. Mr. Hasko stated there are time limits involved in getting
the project started. Mr. Eliopoulos asked if the updating requires drawings or is it more
written form. Mr. Hasko stated there is a lot of research that has to go back into reviewing
the original submittal updating everything that was in there. He stated there is some drawing
and some graphics and a lot of written. Mr. Hasko stated it is a combination of time and the
level of currency on part of the staff of the consultant in terms of the ability to do it quickly.
Mr. Hasko reiterated that the reason staff met with Glatting Jackson Kercher Anglin, Inc.
was to review the scope for a Phase I design. He stated staff's intent was to get a proposal
from Glatting Jackson Kercher Anglin, Inc. for that work and were not intending to go out
for another RFP.
Mr. Eliopoulos stated he feels that the consulting company got paid a good
amount of money. He expressed concern that they clearly have the lead on it because they
know this project better than anybody else. Mr. Eliopoulos stated if they are just locked in
we are naturally going to them then staff has no control over what fee they give the City.
Mr. Eliopoulos suggested that this item be postponed until the entire Commission is present.
He stated a lot of money has been spent. Mr. Eliopoulos expressed concern over the
brochures and noted in his profession they would not be going to an Engineering company
to do brochures. He asked what level is staff talking about that we're handing out to get this
money that we are going to be starting to solicit people with (i.e. naming rights). Mr.
Eliopoulos expressed concern over the contract with regard to meeting with the
stakeholders and getting their input. He noted that this last go around we went a lot further
than what they were anticipating. He stated everyone needs to be aware that this is
important and there is still going to be a lot of input. Mr. Eliopoulos stated he is not sure if
this is the right direction we need to go in. Mr. Eliopoulos stated he would like more
communication with Old School Square, the DDA (Downtown Development Authority)
and everybody who was involved in it to make sure they know exactly what direction we are
going with this. Mr. Hasko stated staff requested this from Glatting Jackson Kercher
Anglin, Inc. He stated as far as any references in this document to meeting with
stakeholders, etc. staff is primarily talking about Old School Square because Joe Gillie and
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his staff have offered and are intending in terms of trying to drum up funding for some of
these components to advance the ability to develop the park. Mr. Hasko stated they are
going to be a driving force behind what this exhibit looks like.
Mr. Bernard stated they agreed to finish Phase I of the Plan and now the
Commission is seeing a bill for $23,000.00 and expressed concern whether or not these
prices are reasonable and if the City has compared them with other prices. He asked how
staff arrived at this amount. The City Manager stated under the Consultant Competitive
Negotiation Act you choose based on their qualifications and you cannot ask for competitive
prices because it violates State law.
The City Manager stated with regard to the cost estimates, there are cost
estimators and they are using a consultant themselves and the City could get someone to do
that off of their plans. As far as the brochures, the City Manager suggested that someone
else could do that as well. However, the City Manager stated with regard to the design work
the City is locked in.
Brief discussion between Mr. Hasko, the Commission and the City Attorney
followed.
Mr. Eliopoulos moved to postpone Item 9.A.A. to the Special Workshop
Meeting of January 13, 2009, seconded by Mr. Bernard. Upon roll call the Commission
voted as follows: Mr. Eliopoulos -Yes; Vice Mayor McDuffie -Yes; Mr. Bernard -Yes.
Said motion passed with a 3 to 0 vote.
9.A.A.A. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL) WEST
CONSTRUCTION, INC:/FIRE-RESCUE STATION NO. 4: Approve a Contract
Closeout (C.O. No. 1 /Final) in the amount of $47,824.24 and final payment in the amount
of $119,613.74 to West Construction, Inc. for completion of Fire Station No. 4. Funding is
available from 334-6112-522-62.88 (General Construction Fund/Buildings/Fire Station No.
4).
Richard Hasko, Director of Environmental Services, stated this is the final
contract closeout for Fire Station #4. Mr. Hasko stated the project is complete and the
original budget for this project was a little over $3.1 million because of the economic
conditions in the construction industry. He stated the bid came in just under $2.4 million
and the low bidder was a contractor who the City has had extremely good experiences with
so consequently staff has felt very comfortable with the project. Mr. Hasko stated the
project was finished 2-3 months in advance ahead of schedule. He stated this is an excellent
facility that is going to provide the facilities that fire-rescue need in that area for years to
come. Mr. Hasko stated due to a number of conflicting conditions during the construction
of this project, the City ended up exceeding the project contingency and the project contract
amount by a total of almost $48,000.00. He stated because in staff's zeal to finish the
project and because of the pace at which it was going and for a couple of other reasons, this
caused a major oversight on staff's part and many of those items should have been brought
before the City Manager or the City Commission for approval according to Purchasing
procedures and they were not. Mr. Hasko stated they have reviewed this extensively and the
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reason for what happened with his staff and they are making adjustments in-house, reporting
adjustments, tracking adjustments and internal authorization adjustments. He stated staff is
confident that they are going to come up with a better system that is going to prevent this
from reoccurring. However, Mr. Hasko stated at this point in time staff is guilty of a breach
of violation of the City's purchasing procedures. He stated there was value received for all
of the changes and the additions and the bottom line came in well within what would be an
acceptable range over and under for the project (2%). Mr. Hasko stated there was a
significant dollar value of approvals that should have been solicited from this body and they
were not. Mr. Hasko stated staff acknowledges that and takes complete responsibility for it.
Mr. Eliopoulos stated the work is done for this project. He stated they ran
into a similar situation with the IT building where it came to the Commission after the work
was already done. Mr. Eliopoulos stated he would like to know whose watching the store.
He stated he realizes that there are sometimes things that happen in construction and they
happen fast and at some point it has to go to the City Manager because there is no way staff
will be able to get a hold of the Commission. Mr. Eliopoulos stated the contingency is not
meant to be used just because it is there. He stated he is fine that the budget actually came
down with regard to this project. Mr. Eliopoulos stated that is not a savings for us to look at
that we are saving all this money but that is the taxpayers' money because we went to a bond
on this one. Mr. Eliopoulos expressed concern about staff making decisions without it
going through Mr. Hasko or the City Manager because they are stroking checks that they
cannot afford. Mr. Eliopoulos stated this has happened recently now twice and he feels
something needs to be done so that this does not happen again.
Brief discussion between staff and the City Commission followed.
Mr. Eliopoulos stated his concern is that the Commission said "no" and
asked how this should be handled. He asked where the money comes from to pay West
Construction, Inc. Mr. Eliopoulos stated as he mentioned in previous meetings the staff in
engineering does great underground construction but feels we are missing it when it comes
to the above ground work. He asked if this is something that the City needs to get the
Building Department more involved in.
Mr. Hasko stated this was a serious significant oversight by staff. He stated
they are going through the implementation in-house of safeguards to prevent it from
happening again. He stated we are not talking about design work or plan review but we are
clearly talking about a violation of the City's purchasing policies. The City Manager stated
the change order for the break room is an example of the kind of thing with the new
procedures in place it came before him and is coming to the City Commission at the
appropriate levels. The City Manager explained that he can approve up to $15,000.00 and
when it goes over this amount it has to come to the City Commission.
Mr. Eliopoulos stated it is great technology wise to have state-of--the-art
items and it is also nice to have a nice environment for employees. However, he feels the
City did not need to spend the money on state-of--the-art items and that these items should
be looked at with more scrutiny as to whether we really need them today. The City Manager
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stated there are definitely some things here that are discretionary in knowing that we were
over budget and had it come forward it probably would not have been approved.
Mr. Bernard stated today he will approve the $47,824.24 and noted he was
not present for the Change Order that occurred for the IT site. However, he concurs that
we have to get the right procedures in place in terms of establishing how to not get these
issues to come before the Commission again. Mr. Bernard stated we have to get this right so
that this does not come before the Commission again.
Mr. McDuffie stated approximately 22 months ago we came in here with a
$24 million park bond that ballooned to $64.5 million and it slipped through the cracks. He
stated this is minuscule compared to that but systematic of the same thing. He asked what
oversight is missing for all of our projects that would prevent this from happening again.
Mr. McDuffie stated this has been too frequent and noted many months ago he brought a
Capital Improvement Tracking System down to let people look at it and there was a
prototype done and he has not seen anything since then. Mr. McDuffie would really like to
have something come back from staff to say here is what we know and understand now and
can articulate that these processes are in now place and this will not happen again. He stated
the City is going to pay the contractors because they have done the work. Mr. McDuffie
stated in 2005 the value of the CRA (Community Redevelopment Agency) went up 37% in
Delray Beach and the value of property across the board went up 19%. He stated times are
tight and we cannot make these mistakes.
Mr. Hasko stated this is not excusable in any economic conditions and will
provide the City Commission with a list and explanation of what they are planning to do
internally to make sure that this does not happen again.
Mr. Bernard moved to approve Item 9.A.A.A. (formerly Item 8.E.),
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice Mayor
McDuffie -Yes; Mr. Bernard -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0
vote.
9.A.A.A.A. RESOLUTION NO. 01-09/ALTERNATIVE WATER SUPPLY
GRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD)•
Approve and adopt Resolution No. 01-09 authorizing execution of an Alternative Water
Supply Grant Agreement with the South Florida Water Management District (SFWMD) for
funding in the amount of $1,118,000.00 for the construction of the Area 11 Reclaimed
Water System Project- Phase A.
The caption of Resolution No. 01-09 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
APPROVING THE SFWMD 2008-2009
ALTERNATIVE WATER SUPPLY FUNDING
PROGRAM AGREEEMENT AND AUTHORIZING
THE EXECUTION OF THE AGREEMENT.
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(The official copy of Resolution No. 01-09 is on file in the City Clerk's
office.)
Richard Hasko, Director of Environmental Services, stated this is for the
$1.1 million Alternative Water Supply Grant that the City was awarded a couple of months
ago for Area 11A -Reclaimed Water System Project, which will bring the product to the
barrier island.
Mr. Eliopoulos stated he pulled this item from the Consent Agenda because
of some dialogue with regards to communication with the public. He stated when we were
in drought conditions we used less water and the City had to raise the water rates because we
were not making enough money to pay for the chemicals and to treat the water. Mr.
Eliopoulos stated it seemed as though the Commission was receiving calls from the public
that they were being punished for using less water. Mr. Eliopoulos expressed concern over
the first phase of the Area 11 system expansion which when complete will provide reclaimed
service between Atlantic Avenue and George Bush Boulevard. Phase 11A will generate
approximately 0.234 mgd of additional reclaimed water demand which will reduce demand
on the City's drinking water system by an equal amount. Mr. Eliopoulos expressed concern
that as we are advertising that we are doing reclaimed water all of a sudden we are going to
have to charge the citizens more for treating our portable water because we are using less of
it for irrigation.
Mr. Hasko stated what Commissioner Eliopoulos is alluding to is true and we
experienced that in the last couple of years with the drought and the City had the mandatory
water restrictions which were very successful. He stated people started getting more water
conscious and conserving water. Mr. Hasko stated since less than 80% of the City's
operating and maintenance costs are related to flow was the need to raise utility rates to
customers so that we could continue to operate at the same level. He stated there was a
dollar for dollar loss in revenue. Mr. Hasko stated it is not exactly the same when replacing
drinking water flows for irrigation with reclaimed water flows. There is going to be some
level of reduction in revenue although it is not dollar per dollar because the City is charging
based on meter flows for reclaimed water. Mr. Hasko stated whether it is going to balance
out, they really do not have the experience yet with it to make that determination. The
reclaimed water rate is lower than the drinking water rate.
The City Manager stated the profit margin might actually be higher. Mr.
Hasko stated the profit margin might be higher but we're probably going to end up selling
more reclaimed water because when you irrigate reclaimed water you are exempt from water
restrictions. Mr. Hasko stated he would suspect that as we connect people on the barrier
island to the reclaimed water system and they understand that they are exempt from water
restrictions on some level those flows will probably increase above what staff is predicting
based on historical flows particularly over the last couple of years. He stated as we go
through and implement and expand the reclaimed water system we are transferring flows to
some degree, particularly on the barrier island, from the drinking water system to a reclaimed
water system. Mr. Hasko stated at some point in time the flows are going to stabilize anal
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when that happens the rates are going to stabilize. He stated there will probably be some
variation in rates as we go through this expansion for the reclaimed water. Mr. Hasko stated
it is supply and demand and noted we are changing the supply end of it but at some point in
time it will stabilize and in terms of potential rate increases the City will then be dealing with
covering our normal increases in operation and maintenance expenses. He stated when that
happens it should be minimally affected by transplanting one use for another.
At this point, Mr. Bernard declared that his wife works for the South Florida
Water Management District (SFWMD) and stated neither himself nor his wife would receive
any benefits in him voting on this matter today.
Mr. McDuffie asked if all of the capital expenditures for the Wastewater
Treatment Plant are now done. In response, Mr. Hasko stated that this is correct. Mr.
McDuffie asked if maintaining the same reclaimed rates should give the City a higher
profitability on those. Mr. Hasko stated he would expect so. Mr. Hasko stated the primary
thing that they are accomplishing is the postponement, deferment and perhaps elimination
until facilities absolutely wear out of having to spend 7 or 8 figures on changing technology
at the Water Treatment Plant because they are basically replacing capacity at the plant. He
stated they are not really looking at any capacity issues to service the population and growth
until year 2030. Mr. Hasko stated he feels this is a significant benefit to the City.
Mr. Eliopoulos moved to approve Item 9.A.A.A.A. (Resolution No. 01-09),
seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -
Yes; Mr. Eliopoulos -Yes; Vice Mayor McDuffie -Yes. Said motion passed with a 3 to 0
vote.
At this point, the time being 7:00 p.m. the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. RESOLUTION NO. 02-09 AUTHORIZING PURCHASE AND SALE
OF REAL PROPERTY/COMMUNITY REDEVELOPMENT AGENCY
~CRA)/MOUNT OLIVE MISSIONARY BAPTIST CHURCH: Consider approval of
Resolution No. 02-09 authorizing the CRA to. sell property located at 429 N.W. ls` Street to
Mount Olive Missionary Baptist Church for $1,000.00 with the Community Redevelopment
Agency receiving a perpetual parking easement over Mount Olive Missionary Baptist
Church's thirty-five (35) space parking lot located on N.W. 5`h Avenue.
The caption of Resolution No. 02-09 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY (CRA) TO SELL CRA
PROPERTY LOCATED AT 429 N.W. 1sT STREET TO
MOUNT OLNE.MISSIONARY BAPTIST CHURCH OF
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DELRAY BEACH FOR ONE THOUSAND DOLLARS
($1,000.00) WITH THE CRA RECEIVING A
PERPETUAL PARKING EASEMENT OVER MOUNT
OLIVE MISSIONARY BAPTIST CHURCH'S THIRTY-
FIVE (35) SPACE PARKING LOT LOCATED ON N.W.
5TH AVENUE; SETTING A PUBLIC HEARING AT
CITY HALL, 100 N.W. 1sT AVENUE, DELRAY BEACH,
FLORIDA FOR 7:00 P.M. ON JANUARY 6, 2009,
PURSUANT TO FLA. STAT. 163.380(2).
(The official copy of Resolution No. 02-09 is on file in the City Clerk's
office.)
The City Attorney read the caption of the resolution which authorizes the
CRA (Community Redevelopment Agency) to sell property at 429 N.W. 1S` Street to Mount
Olive Missionary Baptist Church of Delray Beach for $1,000.00 with the CRA receiving a
perpetual parking easement over Mount Olive Missionary Baptist Church's 35 space parking
lot located on N.W. 5`h Avenue. The City Attorney stated this is being advertised as a
public hearing in compliance with CRA statutes because of the price. The City Attorney
stated staff wanted to make sure to get this formal approval because it is not a straight
forward the CRA is going to receive in cash the exact amount but the CRA will receive a
long-term easement. ,
Diane Colonna, Executive Director of the Community Redevelopment
Agency (CRA), stated this is reviving an old contract that the CRA had with the Mount
Olive Missionary Baptist Church from 2003. Ms. Colonna stated that deal was a little more
complicated because it involved Mount Olive selling some property to Atlantic Grove
partners and they were going•to build townhouses on that property. She stated that deal fell
through but is now being revived as well as the CRA's portion of it. Ms. Colonna stated the
CRA purchased a lot on N.W. ls` Street with the intention of providing parking for the area.
She stated the CRA can maybe get 12 spaces on that lot and the CRA would have to
improve it themselves. The property is valued currently at $130,000.00 and the CRA has the
opportunity to trade with Mount Olive to let them have that property in exchange for
$1,000.00 plus the granting of a perpetual easement to the public for parking on Mount
Olive's 35-space parking lot on N.W. 5`h Avenue. Ms. Colonna stated there is already a
driveway going in but the CRA would have to create an entrance. The CRA would have to
remove a piece of fence and do some resurfacing and it will be fairly minimal to be able to
use that parking lot. She stated it will be a public easement and will be available six days a
week to the public Monday through Saturday in perpetuity. Ms. Colonna stated the CRA
feels this is a good trade because they do not have to spend the money to improve the small
lot on N.W. ls` Street. She stated this lot is on N.W. 5` Avenue and is across from property
that the City owns at 82 N.W. 5`h Street where the CRA demolished a blighted apartment
building and that property is under contract with the Delray Beach Housing Authority to
construct offices (three-story) for them. Ms. Colonna stated the CRA feels it is consistent
with the goals for redeveloping the CRA area and particularly with everything that has
happened on 5`h Avenue which has seen improvement and more activity in terms of new
businesses and housing. Ms. Colonna stated the CRA would like the consent of the City
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Commission to this transaction and noted that the way the statute reads is if the CRA is
selling property for less than fair value that this needs City Commission approval.
Vice Mayor McDuffie declared the public hearing open.
Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, expressed concern
over this purchase and sale agreement for certain parking spaces. Ms. Moody stated Mount
Olive people should be present this evening and it does not make any sense to make a
church pay $1,000.00. She inquired what happens if the church does not make the
$1,000.00.
There being no one from the public who wished to address the Commission
regarding Resolution No. 02-09, the public hearing was closed.
With regard to Ms. Moody's comments, Ms. Colonna clarified that Mount
Olive Missionary Baptist Church has signed the contract and they are paying $1,000.00 and
giving the CRA an easement to park on their property in exchange for a piece of property
that they are receiving from the CRA. Ms. Colonna reiterated that Mount Olive has
consented to the arrangement and will be receiving a lot from the CRA that they need for
their daycare center to construct a building in the future in exchange for $1,000.00 and
providing an easement for the public to park on their existing parking lot.
Mr. Eliopoulos moved to approve Resolution No. 02-09, seconded by Mr.
Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Vice
Mayor McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 0 vote.
10.B. ORDINANCE NO. 01-09 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendments to the Land Development Regulations (LDR)
Section 4.3.3, "Special Requirements for Specific Uses", Subsection (A), "Self-Service
Storage Facilities (SSSF)" and Subsection (~, "Gasoline Station", to revise and/or clarify
parking requirements for these uses; Section 4.4.13, "Central Business (CBD) District",
Section 4.4.17, "Residential Office (RO) District", Section 4.4.24, "Old School Square
Historic Arts District (OSSHAD)", Section 4.4.28, "Central Business District-Railroad
Corridor (CBD-RC)", and Section 4.4.29, "Mixed Residential, Office and Commercial
(NIlZOC) District", to change the parking requirements for business and professional offices
within these zoning districts and to expand the area subject to special parking requirements
within the CBD zoning district; amending Section 4.6.9, "Off-Street Parking Regulations", to
modify how fractions are rounded, to change the parking requirements for business and
professional offices and to clarify the parking requirements for other uses; amending
Appendix "A", "Definitions", to enact new definitions for "Gross Floor Area" and "Net
Floor Area". If passed, a second public hearing will be held on January 20, 2009.
The caption of Ordinance No. 01-09 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF .
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
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REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", ~
SUBSECTION (A), "SELF-SERVICE STORAGE
FACILITIES (SSSF)" AND SUBSECTION (J),
"GASOLINE STATION", TO REVISE AND/OR
CLARIFY PARKING REQUIREMENTS FOR THESE
USES; AMENDING SECTION 4.4.13, "CENTRAL
BUSINESS (CBD) DISTRICT", SUBSECTION (G),
"SUPPLEMENTAL DISTRICT REGULATIONS",
SECTION 4.4.17, "RESIDENTIAL OFFICE (RO)
DISTRICT", SUBSECTION (G), "SUPPLEMENTAL
DISTRICT REGULATIONS", SECTION 4.4.24, "OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT
(OSSHAD)", SUBSECTION (G), "SUPPLEMENTAL
DISTRICT REGULATIONS", SECTION 4.4.28,
"CENTRAL BUSINESS DISTRICT-RAILROAD
CORRIDOR (CBD-RC)", SUBSECTION (G),
"SUPPLEMENTAL DISTRICT REGULATIONS", AND
SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE
AND COMMERCIAL (MROC) DISTRICT",
SUBSECTION (H), "SUPPLEMENTAL DISTRICT
REGULATIONS", TO CHANGE THE PARKING
REQUIREMENTS FOR BUSINESS AND
PROFESSIONAL OFFICES WITHIN THESE ZONING
DISTRICTS AND TO EXPAND THE AREA SUBJECT
TO SPECIAL PARKING REQUIREMENTS WITHIN
THE CBD ZONING DISTRICT; AMENDING
SECTION 4.6.9, "OFF-STREET PARKING
REGULATIONS", SUBSECTION (C), "NUMBER OF
PARKING SPACES REQUIRED", TO MODIFY HOW
FRACTIONS ARE ROUNDED, TO CHANGE THE
PARKING REQUREMENTS FOR BUSINESS AND
PROFESSIONAL OFFICES AND TO CLARIFY THE
PARKING REQUIREMENTS FOR OTHER USES;
AMENDING APPENDIX "A", "DEFINITIONS", TO
ENACT NEW DEFINITIONS FOR "GROSS FLOOR
AREA" AND "NET FLOOR AREA"; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
office.)
(The official copy of Ordinance No. 01-09 is on file in the City Clerk's
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.
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01/06/09
Paul Dorling, Director of Planning and Zoning, stated this involves
modifications to the parking requirements in order to promote office development in the
City of Delray Beach. On October 10, 2008, the City received a memo from the Chamber
of Commerce Economic Development Committee regarding various incentives and
modifications to promote office development in the City. Mr. Dorling stated some of the
recommendations can be accomplished very quickly and this is the first phase of the process.
He stated some additional changes are on their way and will be before the Commission but
will require some additional analysis. This modification has a couple of components to it
and expands the area now where there is a parking reduction given which currently extends
one block north and south of Atlantic Avenue and this extends two blocks north and south
as the City has expanded the downtown and has parking garages that have provided some
parking alternatives. Mr. Dorling stated it also bases the parking on net floor area versus
gross floor area. He stated this promotes those bigger lobby areas which are indicative of
Class A office and there is a slight modification to the way numbers are calculated. Mr.
Dorling stated the calculation of the number of parking spaces resulting in a fraction is
rounded up to the next whole number and this modifies that to allow you to run down if the
number is less than .5. In addition, Mr. Dorling stated it provides definitions of gross floor
area and net floor area to accommodate the change in how parking spaces are calculated.
At its meeting of December 8, 2008, the Planning and Zoning Board voted
to recommend approval with a 7 to 0 vote; the Downtown Development Authority (DDA)
recommended approval of the proposed text amendment; at its meeting of December 10,
2008, the West Atlantic Avenue Redevelopment Coalition (WARC) recommended approval
of the proposed amendment; at its meeting of December 11, 2008, the Community
Redevelopment Agency (CRA) recommended approval of the proposed text amendment; at
its meeting of December 16, 2008, the Parking Management Advisory Board (PMAB) voted
8-1 to recommend approval of the proposed text amendment; and the Pineapple Grove
Main Street Board meeting will occur on January 7, 2009 and the Board's recommendation
will be reported to the City Commission at second reading of the ordinance.
Vice Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 01-09, the
public hearing was closed.
Mr. Bernard moved to approve Ordinance No. 01-09 on FIlZST
Reading/FIRST Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Vice Mayor McDuffie -Yes; Mr. Bernard -Yes; Mr.
Eliopoulos -Yes. Said motion passed with a 3 to 0 vote.
10.C. ORDINANCE NO. 56-08: Consider aCity-initiated amendment amending
the Land Development Regulations (LDR) of the Code of Ordinances, by amending Section
2.4.3, "Submission Requirements", Subsection (K), "Fees", Sub-subsection (1),
"Development Applications", in order to provide fees for requests for a change of historic
designation or classification, and ad valorem tax exemption applications.
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01/06/09
The caption of Ordinance No. 56-08 is as follows: 3
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 2.4.3, "SUBMISSION
REQUIREMENTS", SUBSECTION (K), "FEES", SUB-
SUBSECTION (1), "DEVELOPMENT
APPLICATIONS", IN ORDER TO PROVIDE FEES
FOR REQUESTS FOR A CHANGE OF HISTORIC
DESIGNATION OR CLASSIFICATION, AND AD
VALOREM TAX EXEMPTION APPLICATIONS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 56-08 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.
Paul Dorling, Director of Planning and Zoning, stated this modifies the
Section of the LDRs to provide for a fee for a request for a change in historic designation
and/or classification as well as ad valorem tax exemption applications. At their meeting on
December 9, 2008, the City Commission considered this item and recommended approval
for second reading tonight. Mr. Dorling stated this establishes a fee of $60.00 per property
which is consistent with the fee associated with giving it a historic designation. He stated
other parts of the Code talk about private applications also being required to provide
postage and advertising costs similar to other development proposals in the City.
Mr. McDuffie inquired about a change regarding someone submitting two
applications as opposed to one. Mr. Dorling stated this allows someone to pay the one fee
for the two items. Mr. McDuffie asked if there is a break in the fee if someone submits both
applications at the same time. In response, Mr. Dorling stated this is correct.
Vice Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 56-08, the
public hearing was closed.
Mr. Bernard moved to adopt Ordinance No. 56-08 on Second and FINAL
Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
Bernard -Yes; Mr. Eliopoulos -Yes; Vice Mayor McDuffie -Yes. Said motion passed with
a 3 to 0 vote.
At this point, the time being 7:20 p.m., the Commission moved to Item
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11, Comments and Inquiries on Non-Agenda Items from the City Manager and the
Public.
11.A. City Manager's response to prior public comments and inquiries.
In response to a previous inquiry about getting street lights installed in the
Country Club Acres area, the City Manager stated the City contacted Florida Power & Light
(FPL) and were informed that they no longer do street light design and the City would have
to have someone else do that. The City Manager stated the City contacted the street light
vendor, Municipal Lighting, for assistance and the City is currently awaiting their design
proposal and schedule for providing street lighting in the Country Club Acres area and will
advise when that information is available.
Secondly, the City Manager stated there was also a request from residents of
the Marina Historic District in the 300 block that the City initiate the removal of their
properties from the district. He stated the Planning staff feels it is reasonable to require the
direct recipients of the benefit that is the removal from the district to pay the amount of the
processing fee of $60.00 per property and the applicant should pay the related expenses
associated with postage, advertising, and mailing labels rather than passing these expenses
through to all City residents thus what would occur if the application were City-initiated.
The City Manager stated the 300 block has been in the historic district for many years and
staff feels that it is entirely appropriate for those residents in the 300 block to pay the
associated costs.
11. From the Public.
11.B.1. Alice Finst, 707 Place Tavant, Delray Beach, stated several months ago
when the CVS/Office Depot project was presented with much public comment a proposal
was made to create a five member group to review, revise, etc. the plans for the North
Federal Highway Comdor and the north entrance to the City. Mrs. Finst stated yesterday
she drove by where the CVS property was proposed and saw that O.C. Taylor has a "For
Sale" sign on the property. She urged the Commission to advise the public of what has
happened with the proposed Review Committee and what needs to be done to get the
committee activated to make sure that there is an appropriate entrance to the north end of
the City.
11.B.2. Vincent Dole, 245 N.E. 8th Avenue, Delray Beach, stated it has been
approximately 2 years since the last election for Mayor and asked when the photograph of
the previous Mayor, Jeff Perlman, will be added to the distinguished panel in the
Commission Chambers.
The City Manager stated as part of the remodeling project the City plans to
move the frame down toward the end of the wall and create space for several additional
Mayors to be placed on the panel.
11.B.3. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, expressed concern
over the street lighting and noted that on S.W. 8` Avenue near the cemetery it is very dark.
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01/06/09
Ms. Moody stated she is concerned for the safety of people who maybe walking in this area ~ ,~
and she has witnessed some individuals jumping over the gate towards the back of the
cemetery and cutting through the cemetery. She asked that there be better lighting and more
surveillance in this area.
Secondly, Ms. Moody expressed concern over the alleged harassment by the
Police Department towards her.
11.B.4. Shelly Weil, 925 Greensward Lane, Delray Beach, stated with regard to
the lighting issue expressed by Ms. Moody, this was discussed at the Police Advisory Board
(PAB) and young men that are going for their eagle scouts have to perform a project by
demonstrating leadership and community service. Mr. Weil stated there are a group of
young scouts currently getting together to tour the City to see where lights are out and where
we need additional lights. As Chairman of the Police Advisory Board, Mr. Weil stated he
would like to take Ms. Moody's concerns about the Police Department under consideration
so that they can settle the matter.
At this point, the time being 7:30 p.m., the Commission moved to Item 12,
First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 03-09: City initiated amendment to the Land
Development Regulations (LDR) Section 8.5.1., "Establishment of Public Arts Program," to
provide that the City may contribute funds through the Public Arts Program to other entities
in order to help fund public art. If passed, a public hearing will be held on January 20, 2009.
The caption of Ordinance No. 03-09 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 8.5.1,
"ESTABLISHMENT OF PUBLIC ARTS PROGRAM",
SUBSECTION (C), "OWNERSHIP AND
MAINTENANCE", TO PROVIDE THAT THE CITY
MAY CONTRIBUTE FUNDS THROUGH THE PUBLIC
ARTS PROGRAM TO OTHER ENTITIES IN ORDER
TO HELP FUND PUBLIC ART; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTNE DATE.
office.)
(The official copy of Ordinance No. 03-09 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
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Paul Dorling, Director of Planning and Zoning, stated this provides some
more flexibility for the Public Arts Program to allow people that may be proposing art on
private property to receive funds. Mr. Dorling stated it is subject to an agreement with the
City that the art would be available and visible to the public at all times.
Mr. Eliopoulos asked if there is a reason this was added to the ordinance. In
response, Mr. Dorling stated this is in response to a specific request but he is not sure what
entity suggested it.
The City Attorney stated staff can provide some more information at the
second reading.
Mr. Bernard moved to approve Ordinance No. 03-09 on FIlZST Reading,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
Eliopoulos -Yes; Vice Mayor McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with
a 3 to 0 vote.
At this point, the time being 7:32 p.m., the Commission moved to Item 9.A.
of the Regular Agenda.
9.A. WAIVER REQUEST/S.W. 14~h AVENUE: Consider a waiver request to
Land Development Regulations (LDR) Section 6.1:2(A)(2)(a), "Streets and Alleys", to
allow a Certificate of Occupancy to be issued prior to completion of alleyway improvements
for seventeen (17) single family homes located adjacent to S.W. 14th Avenue between S.W.
1St and 2"a Streets. (Quasi-Judicial Hearing)
The City Attorney stated there are only three Commissioners present this
evening and noted that it takes three positive votes to take any action. She stated staff has
postponed two of these waivers for that requested reason to postpone them. The City
Attorney stated the waivers that have not been postponed staff wanted to give the
opportunity to ask for a postponement if they wish to do so.
Vice Mayor McDuffie read into the record the City of Delray Beach
procedures for aQuasi-Judicial Hearing for this item and all subsequent Quasi-Judicial
Hearings.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give
testimony on this item.
Vice Mayor McDuffie 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, stated there is not a project
file number to enter into the record; however, staff has a formal request from the CRA
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(Community Redevelopment Agency) and the CLT (Community Land Trust) which is
attached to the City Commission documentation.
Mr. Dorling stated this is a waiver to LDR Section 6.1.2(A)(2)(A) to allow
issuance of a certificate of occupancy (C.O.) to occur prior to completion of required
infrastructure (alley improvements) between S.W. 13`h Avenue and S.W. 14`h Avenue as well
as alley improvements between blocks 14"' and 15~' south of 15` Street behind the five lots
shown on the overhead. He stated the improvements are in fact planned and construction
drawings are being prepared; however, it is not anticipated that these improvements will be
completed prior to some of the single family homes being ready for C.O. Mr. Dorling stated
this is not a waiver to the improvement but a waiver to allow the C.O.'s to be issued without
the improvements completed. However, he stated there would be accommodations for
temporary alley access if those homes are C.O. prior to the improvements being completed.
The improvements are expected to begin in May and take approximately 120 days. Mr.
Dorling stated staff did not want to run into issues about not being to occupy the houses with
C.O.'s if the improvements are still pending. Staff recommends approval of the request at
this time.
Jeff Costello, Assistant Director of the Community Redevelopment
Agency (CRA), stated Evelyn Dobson, Interim CLT Executive Director and Kymenski
Kemp, Development Manager of the CLT are present for any questions the Commission may
have. Mr. Costello stated positive findings can be made with respect to LDR Section
2.4.7(B)(5) and he requested the support of the City Corrunission.
There was no cross-examination or rebuttal.
Vice Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forward at this time.
Pauline Moody, 609 S.W. 8`h Avenue, Delray Beach, expressed concern
over lighting in the alleyways and streets. She suggested that these areas be well lit to help
prevent crime.
There being no one else from the public who wished to give testimony on
this item, the public hearing was closed.
Mr. Dorling stated the improvements will involve paving of the alleys and
the single family homes will take access to the rear. Therefore, Mr. Dorling stated the alleys
will be paved and believes there is lighting already in those alleys but if not the CRA can
address that.
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. Eliopoulos moved to adopt the Board Order as presented (approving the
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waiver request), seconded by Mr. Bernard. Upon roll call the Commission voted as follows:
Vice Mayor McDuffie -Yes; Mr. Bernard -Yes; Mr. Eliopoulos -Yes. Said motion passed
with a 3 to 0 vote.
9.B. THIS ITEM HAS BEEN POSTPONED TO THE REGULAR
MEETING OF JANUARY 20, 2009.
9.C. THIS ITEM HAS BEEN POSTPONED TO THE REGULAR
MEETING OF JANUARY 20, 2009.
9.D. REQUEST FOR IN-LIEU PARHING SPACES/TASTE
RESTAURANT: Consider a request from Taste Restaurant for the purchase of eight (8) in-
lieu parking spaces in the amount of $62,400.00. Taste Restaurant is located at 169-171 N.E.
2°a Avenue. (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give
testimony on this item.
Vice Mayor McDuffie asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Scott Aronson, Parking Management Specialist, stated this item is a request
from Taste Restaurant located at 169-171 N.E. 2°d Avenue (Pineapple Grove Way) has
submitted a Class III site plan modification for the conversion of 1,690 square feet of existing
retail to restaurant and the addition of a 1,031 square foot courtyard dining area at the rear of
the property. The Land Development Regulations require parking to be provided for the
conversion of use by calculating the difference of 4.5 spaces per 1,000 square foot required
for the existing retail uses, (7.7 spaces), and 6 spaces per 1,000 square feet required for the
proposed restaurant, (10.14 spaces). An additional 6 spaces per 1,000 square feet must be
provided for the 1,031 square feet outdoor dining area, (6.19 spaces). A total of nine (9)
parking spaces are required for the proposed site modifications (10.14 - 7.6 = 2.54 + 6.19 =
8.73 which rounds up to 9). Mr. Aronson stated the applicant is requesting to purchase eight
(8) in-lieu parking spaces. Due to site constraints and a concrete FPL power pole partially
blocking access to the property, it is impossible to provide more than the one ADA accessible
parking space already proposed. Mr. Aronson stated LDR Section 4.6.9(E)(3) allows for the
City Commission to allow an in-lieu of parking payment in the amount of $7,800.00 in that
area per space resulting in a one time fee of $62,400.00 to be paid via an in-lieu parking fee
agreement which allows a 50% payment up front and two subsequent payments of 25% on
the second and third anniversaries. The subject property is in close proximity of the Old
School Square parking garage and has been showing increased utilization recently. Staff has
posted new signage on Pineapple Grove Way and N.E. ls` Street to help invite traffic into the
area. The site plan also proposes a sidewalk cafe which has proven to improve pedestrian
activity. Staff recommends approval.
Mr. Aronson stated the item was reviewed by the Parking Management
Advisory Board, the Downtown Development Authority, the Community Redevelopment
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Agency and the Pineapple Grove Main Street Board. Mr. Aronson stated there was one
dissenting member on the Parking Management Advisory Board.
Bob Currie, Currie Sowards Aquila Architects, 134 N.E. 1St Avenue,
Delray Beach (Applicant), stated they are excited about having Taste Restaurant come into
their district and will be a really fun place.
Vice Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the request for in-lieu parking spaces, to please come forward at this
time. There being no one from the public who wished to address the Commission regarding
the 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. Bernard moved to adopt the Board Order as presented (approving the
request for in-lieu parking spaces and that the parking payment of $7,800.00 per space
totaling $62,400.00 be paid on the condition that 50% be paid upon signing the agreement;
25% to be paid on the second and third anniversaries of the agreement), seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard =Yes; Mr.
Eliopoulos -Yes; Vice Mayor McDuffie -Yes. Said motion passed with a 3 to 0 vote.
9.E. WAIVER REQUEST FOR IN-LIEU PARKING FEES/AAMMAD
SHOPPES: Consider a waiver request from Hammad Shoppes to waive in-lieu parking fees
in the amount of $16,000.00 for the purchase of four (4) parking spaces. Hammad Shoppes is
located at 139 N.W. 5th Avenue. (Quasi-Judicial Hearing)
Chevelle D. Nubin, 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.
Scott Aronson, Parking Management Specialist, stated this is a waiver to waive
the in-lieu fees that were approved by the City Commission at their August 5, 2008 meeting.
Mr. Aronson stated approval was granted for four (4) in-lieu parking spaces at a total cost of
$16,000.00. Hammad Shoppes had received approval from the Historic Preservation Board
for site plan modifications and a 1,072 square foot expansion and facade improvements.
Subsequently, during the building of the construction of the property it was recognized that a
1,152 square foot mezzanine was being constructed that was not on the approved plans. Mr.
Aronson stated the applicant was asked to cease his construction at that point because
parking was needed to be provided for the 1,152 square foot mezzanine. The applicant went ~
through an in-lieu process and it was approved with the in-lieu payment agreement. Upon '.
payment of the first installment a protest was sent by the applicant and the letter of protest is
why this item is before the Commission this evening. The applicant is requesting that the
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01/06/09
Commission waive those in-lieu fees. Mr. Aronson reiterated that the mezzanine was not on
the original plans. The applicant had six (6) parking spaces on N.W. 5`h Avenue in front of
his establishment (convenience store) and the parking that backed onto N.W. 5`h Avenue was
very convenient for those customers. The Community Redevelopment Agency (CRA) had
accommodated those six (6) spaces and they were relocated to the rear of the property along
with an additional four (4) spaces to accommodate the use for the construction. There are
another four (4) spaces on N.E. 2°d Street that are adjacent to the northern entrance of the
property. The applicant feels that during the N.W. 5`h Avenue Redevelopment project which
was why the six back-out spaces needed to be eliminated from in front of the property so that
the beautification project and the on-street parking could be placed in front of the owner's
property. Mr. Aronson stated four (4) on-street parking spaces now exist in front of the
property. Mr. Aronson stated the applicant feels that the four (4) spaces should be credited
towards his property. Mr. Aronson stated although there was some discussion that the CRA
and the applicant had regarding this, he was not privy to those discussions. Mr. Aronson
stated the four (4) spaces are in the public domain and they were built during the
beautification but they are in the public right-of--way. He stated the back-out spaces were not
eliminated they were placed in the rear of the property at the full expense of the CRA. Mr.
Aronson stated prior to granting the waiver the Commission shall make findings that the
granting of the waiver shall (1) 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 grant of a special privilege in that the same waiver would be
granted under similar circumstances on other property for another applicant or owner. Mr.
Aronson. stated positive findings for (b) and (c) can be made, however, expressed concern
over (d). He stated staff does not know if this could be found as consistent with another
circumstance. There were areas where in-lieu requests were asked for the waiver of the fees
(i.e. Bob's Famous Bar). Mr. Aronson stated they had a rooftop dining area that had a
planter box that was requested. During the deliberations they requested that the fees be
waived and that was denied. He stated the Code calls for all square footage to require parking
and staff feels to waive the fees would be a bad precedent to set. Staff understands the
convenience of spaces being in the front; however, the applicant still has back-out parking
spaces. Mr. Aronson made reference to LDR Section 4.6.9(B)(4) and noted that there was no
purchase of the property. He stated crediting any parking to the property does not appear to
be justified and commented that the parking spaces were actually replaced. Staff recommends
that the City Commission use its discretion in the resolution of this matter.
Mr. Aronson stated the Parking Management Advisory Board (PMAB)
reviewed this at their recent meeting and recommended approval of the applicant's request.
Mike Hammad, owner of 139 N.W. 5`h Avenue (Applicant), stated he
had six (6) parking spaces in the front of his business and he deeded his front to the City so
that they could do their project. Mr. Hammad stated that the four (4) parking spaces should
be added to his property and when he deeded the spaces in the front to the City it eliminated
half of his business. He stated although the City gave him parking behind building but it is
not the greatest area and consequently hardly anyone parks behind the building. Mr.
Hammad stated since there is no parking in front people just keep driving and reiterated that
more than 50% of his business did go down.
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01/06/09
Diane Colonna, Executive Director of the Community Redevelopment
Agency (CRA), stated this is an issue of fairness. Ms. Colonna stated Mr. Hammad had
back-out parking in front of his building (6 spaces) that he did not have to remove for the
beautification project. She stated the fact that Mr. Hammad did let the City build the
sidewalk, the streetscape, and do the parallel parking there at a cost of eliminating those very
convenient spaces that he had going up into the front entrance. Ms. Colonna stated Mr.
Hammad agreed to let them do that with the understanding that they would replace that
parking in the back of the building which they did although it is much less convenient. She
stated Mr. Hammad has added additional floor area to his building and if he had not
removed those spaces in the front he would have still had room in the back to put additional
parking so that he could add on to his building. Ms. Colonna stated Mr. Hammad no longer
has the use of the front of his building for parking and the CRA feels that Mr. Hammad in a
sense is being penalized and should be credited for those four (4) spaces that he gave up for
this project. Therefore, Ms. Colonna stated the CRA supports the waiver.
There was no cross-examination or rebuttal.
Vice Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the request, to please come forward at this time. There being no
one from the public wh.o wished to address the Commission regarding the waiver, the public
hearing was closed.
Mr. Eliopoulos stated he attended the Parking Management Advisory Board
(PMAB) Meeting and there was a lot of conversation over what happened with this property.
He stated his does not believe that the Commission is voting here tonight to give the
applicant back the land and/or the four (4) spaces in the front of his property but the
Commission is voting to do a waiver of his in-lieu fee that came with this mezzanine that was
constructed. The City Attorney stated that Mr. Eliopoulos is correct.
Mr. Eliopoulos stated safety comes first when it comes to backing out on the
street but convenience wise the applicant is correct that it is easier to have someone pull right
up as opposed to going behind the business. He understands the situation and sympathizes
with this but at the same time he is not saying that he would particularly condone this as far
as doing a mezzanine without approval because there are certain things he feels that one still
needs to do but for this particular request he can justify due to it as a fair swap of the spaces
lost.
Mr. McDuffie stated in the beautification of St" Avenue we did some things
that are very nice but agrees that we took some access away from this owner. Mr. McDuffie
stated although we built spaces in.front of his property we also took those spaces that he had
there away. Mr. McDuffie stated it is punitive in nature to charge him so he supports waiving
those fees.
The City Attorney stated this is not a taking of property in an eminent domain
sense.
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01/06/09
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. Eliopoulos moved to adopt the Board Order as presented (approving the
waiver request), seconded by Mr. Bernard. Upon roll call the Commission voted as follows:
Mr. Eliopoulos -Yes; Vice Mayor McDuffie -Yes; Mr. Bernard -Yes. Said motion passed
with a 3 to 0 vote.
9.F. CONTRACT ADDITION (C.O. NO. 1)BSA CORPORATION/CITY
HALL NORTH WING RENOVATIONS: Consider a Contract Addition (C.O. No. 1)
in the amount of $8,115.00 to BSA Corporation for City Hall North Wing to add Break
Room Renovations. Funding is available from 334-6112-519-62.86 (General Construction
Fund/City Hall -North Wing & Chamber).
Richard Hasko, Director of Environmental Services, stated this is a request
for consideration by Commission for a contract addition to the City Hall North Wing
project. The amount of the project is $8,115.00 and the proposed work is the remodeling of
the primary downstairs break room off the staff hallway. Mr. Hasko stated it is quite dated
and the cabinets are quite worn. Mr. Hasko stated knowing that the North Wing project was
coming up it was his suggestion to hold off and wait until we had that contract and get
prices from BSA while they were in building. He stated he figured since we had a contact in
the building and that the City could get the remodeling redone for less money. The
remodeling proposal would include new cabinets, floor, wall coverings, etc.
Mr. Bernard moved to approve the Contract Addition (C.O. No. 1) in the
amount of $8,115.00 to BSA Corporation for City Hall North Wing to add break room
renovations, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows:
Vice Mayor McDuffie -Yes; Mr. Bernard -Yes; Mr. Eliopoulos -Yes. Said motion
passed with a 3 to 0 vote.
9.G. GENERAL RULES OF PROCEDURE OF THE CODE
ENFORCEMENT BOARD: Approve the revised Code Enforcement Board Rules
which change Article VI, Paragraph 2 to provide that each party will have up to 20 minutes
to present their case; Citizen Participants or their representatives may speak up to three (3)
minutes regarding the violation; and cross examination and rebuttal shall last no longer than
two (2) minutes.
Temll Pyburn, Assistant City Attorney, stated the City recently amended the
rules of procedure of the Code Enforcement Board in June. However, staff realized that the
Code Enforcement Board did not follow the Quasi-Judicial rules as some of the other City
Boards. Ms. Pyburn stated staff thought that by implementing these rules would help their
meetings be more efficient on some of the longer items. Therefore, staff recommends that
these Quasi-Judicial rules be implemented for the Code Enforcement Board as well.
Mr. Eliopoulos moved to approve Item 9.G., seconded by Mr. Bernard.
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01/06/09
Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mr. Eliopoulos -Yes;
Vice Mayor McDuffie -Yes. Said motion passed .with a 3 to 0 vote.
9.H. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) regular member to the Neighborhood Advisory Council to
serve an unexpired term ending July 31, 2010. Based upon the rotation system, the
appointment will be made by Mayor Ellis (Seat #5).
The City Attorney stated Mayor Ellis' appointment will be automatically
deferred to the next regular meeting of January 20, 2009 pursuant to the City Commission's
local rules.
9.I. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD:
Appoint three (3) regular members to the Code Enforcement Board for three (3) year terms
ending January 14, 2012. Based upon the rotation system, the appointments will be made by
Commissioner Eliopoulos (Seat # 1), Commissioner Fetzer (Seat #2), and Commissioner
McDuffie (Seat #3).
Mr. Eliopoulos moved to reappoint Robert Marks as a regular member to the
Code Enforcement Board for a three (3) year term ending January 14, 2012, seconded by
Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Vice
Mayor McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 0 vote.
The City Attorney stated Mr. Fetzer's appointment will be automatically
deferred to the next regular meeting of January 20, 2009 pursuant to the City Commission's
local rules.
Vice Mayor McDuffie stated he wished to reappoint Mark Behar as a regular
member to the Code Enforcement Board for a three (3) year term ending January 14, 2012.
Mr. Bernard so moved, seconded by Mr. Eliopoulos. Upon roll call the Comrission voted
as follows: Vice Mayor McDuffie -Yes; Mr. Bernard -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 3 to 0 vote.
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 Manager
The City Manager stated Mr. Eliopoulos asked about the pre-application
process that the City of Boynton Beach uses. He stated the City of Delray Beach did contact
the City of Boynton Beach and the pre-application process is conducted with new r
developments, redevelopments, and modification to existing developments. The Boynton ,
Beach Land Development Regulations do not require this conference but they encourage the
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01/06/09
conference. The City Manager stated this is very similar to the pre-conference process
which has been in place in Delray Beach for several years. He stated the reference to this
pre-conference meeting is in the development applications for Class III-V site plans,
rezonings, FLUM amendments, plats, abandonments and Certificate of Appropriateness
Applications and is noted as apre-application conference with a member from the Planning
staff. The City Manager stated this is strongly recommended and can be scheduled at your
convenience. The City Manager stated the pre-application meeting when elected by the
applicant is conducted by the Planning Department.
Secondly, the City Manager provided Mr. Eliopoulos with a list of Presidents
of the Homeowners Associations and noted that if anyone else would like this list it is
available.
With regard to the status of the one-way pairs, the City Manager stated for
N.E. ls` Street the issue has to do with the intersection of N.E. ls` and N.E. 5`". The process
of bringing one-way traffic to two-way involves the addition of signal heads and the concern
the County had was that the existing poles would not support the additional weight and new
poles would have to be installed. The City Manager stated the current standard procedures
would require that the entire intersection then be converted to mast arms if additional poles
are required. He stated after numerous meetings with FDOT and Palm Beach County
Traffic, the City was able to convince Palm Beach County to submit a plan that would not
require converting the intersection to mast arms. The City Manager stated Palm Beach
County has submitted for an FDOT permit and it is the understanding of the City that the
permit is being processed by FDOT at this time. He stated once the permit is issued, staff
will get with Palm Beach County and ask them for a timeframe for the conversions of the
signals so that N.E. ls` can be converted to two-way traffic. The City Manager stated S.E. ls`
has two intersections with issues; Swinton Avenue and 5`h Avenue. He stated Swinton
Avenue requires at least one new pole and there is not sufficient right-of--way for additional
poles. The City Manager stated in recent conversation with Palm Beach County it was
concluded that the County would look at a joint use agreement with the owner of the
existing poles and staff hopes to hear about the status of the joint use agreement this month.
The City Manager stated the intersection of S.E. ls` and 5`h Avenue will require at least two
new temporary poles. The City has met with FDOT and they have agreed to temporary
poles because this intersection will be reconfigured and mast arm signals installed when the
US-1 project is constructed. The City Manager stated mast arms cannot be constructed at
this time because they will most likely be located in landscape nodes that do not currently
exist. Two new temporary poles will require easements from abutting property owners. The
County has indicated that they will have preliminary designs to the City this month which
will show the temporary location of the poles.
Lastly, the City Manager stated with regard to Commissioner Bernard's
concern expressed about early voting, he stated the City Clerk spoke with Susan Bucher on
December 4, 2008 expressing the City's interest for an early voting site for the 2010 Primary
and General Election. He stated the City also discussed the possibility of asking the
Legislature to amend the law regarding what sites can be used for early voting. The tentative
early voting dates are August 16-29, 2010 and October 18-31, 2010. The City Manager
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01/06/09
stated Charmaine Kelly, Deputy Supervisor of Elections, stated that Susan Bucher will be ,
sworn in on January 6, 2009 and when she has time to settle in, the City Clerk will meet with
her about early voting sites.
13.B. City Attorney
The City Attorney stated the City received the ruling on the Boca Raton/City
of Delray Beach/Palm Beach County dispatch case that she emailed to the City
Commission. The City Attorney stated the City is proceeding with seeking discretionary
jurisdiction by the Supreme Court of Florida on the matter. She stated the City did not get it
certified as an issue of great public importance by the 4th District Court of Appeal; however,
staff would like to proceed pursuant to other direction.
13.C. City Commission
13.C.1. Mr. Eliopoulos
Mr. Eliopoulos stated he would like to see the City Manager continue to
work with staff to have a format in place regarding the change orders, etc.
Secondly, he inquired about the status of the window replacement at Old
School Square.
.l
Mr. Eliopoulos commented about the two-way pairs and noted that this
seems .to be dragging on but urged staff to keep pushing forward.
Mr. Hasko stated staff has received the agreement from FEMA for the
window replacement at Old School Square and staff is in the process of putting together the
bid documents and this should be ready in the next month or so.
13.C.2. Mr. Bernard
Mr. Bernard stated he would like the Commission to give the City Manager
direction in terms of when we should have the picture of former Mayor Perlman up because
he does believe that it should not take two years to get a picture hung up. Mr. Bernard
stated he feels the picture of former Mayor Perlman should be put up immediately and that
staff should start making plans now for the current Mayor's picture. The City Manager
stated during the remodeling project the entire frame will be made bigger so that it will
accommodate another 6-8 pictures.
Secondly, Mr. Bernard stated he received statistics from last year in regards to
the reading for the 10th graders and 54% percent of the white non-Hispanics passed the
FCAT; however, the African-American students passed the FCAT at a 14% rate. Mr.
Bernard stated he believes the City of Delray Beach should do everything in its power to
help Atlantic High School and the Education Board in terms of making sure that the
students can pass the FCAT.
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01/06/09
13.C.3. Mr. McDuffie
Mr. McDuffie commended the Police Department, staff and everyone who
came out to manage the crowds for the First Night event and stated it was done quite well.
He commended staff for the wonderful job of crowd control and clean up of the City after
the event was over.
Secondly, Mr. McDuffie stated he spoke to one of the family members of the
Weekes Family and reported that Leon Weekes is doing very well.
Lastly, Mr. McDuffie asked about the status of the offers from the Office
Depot Foundation regarding printers, monitors, and PC's. Lula Butler, Director of
Community Improvement, stated staff did receive an email back from the contact person at
Office Depot and they have not made a final decision but she hopes to have an answer by
the end of the week.
There being no further business, Vice Mayor McDuffie declared the meeting
adjourned at 8:21 p.m.
ATTEST:
VICE MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on January 6,
2009, which Minutes were formally approved and adopted by the City Commission on
January 20, 2009.
City Clerk
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01/06/09
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they are R
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.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR SW 147H AVENUE
BETWEEN SW 1ST STREET AND SW 2ND STREET
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This waiver request has come before the City Commission on January 6,
2009.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for SW 14tt' Avenue
between SW 1St Street and SW 2"d Street. All of the evidence is a part of the record in
this case. Required findings are made in accordance with Subsection I.
1. WAIVER:
Pursuant to LDR Section 6.1.2(A)(2)(a), the developer is required to upgrade the
adjacent alley concurrent with or prior to construction of the single family development
to provide continuous paved access from the nearest paved street or alley to the
project. The applicant is seeking relief from that requirement until after a Certificate of
Occupancy (C.O.) is issued for the last house in the development.
Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving
body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner.
Would the waiver of Section 6.1.2(A)(2)(a) comply with the requirements of
2.4.7(6)(5) subject to the condition that all alley improvements shall be completed
within sixty (60) days of a C.O. being issued for the last house in the
development?
Yes 3 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 X are not
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 X
denies the waiver requests to LDR Section 6.1.2(A)(2)(a).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 6th day of January, 2009, by a vote of 3 in favor and 0
opposed. / .
/~ i
ATTEST: Rita Elfi ,Mayor
4
Chevelle Nubin, City Clerk ~
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY 6EACH, FLORIDA
WAIVER REQUEST FOR HAMMAD SHOPPES
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This waiver request to provide 4 parking spaces has come before the City
Commission on January 6, 2009.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for Hammad
Shoppes. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsection I.
1. WAIVER:
Pursuant to LDR Section 4.4.13(G)(1) the applicant was required to provide 4 parking
spaces due to the addition of a 1,072 sq. ft. mezzanine on the applicant's property.
The applicant is requesting a waiver to this LDR Section.
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 uhder similar circumstances on other property for another applicant or
owner.
Would a waiver to Section 4.4.13(G)(1), waiving the requirement for the payment for 4
parking spaces, comply with the requirements of 2.4.7(8)(5)?
Yes 3 No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original application was submitted and finds
that its determinations set forth in this Order are consistent with the Comprehensive
Plan and Land Development Regulations.
1
1 ~P,r~~ G '~ . ~.;~ ~ nYY1~t~M ~~~ G 1 1 ~1'~ 101 ~~ ~~['' ~
M
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 as set forth above.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 6~' day of January, 2009, by a vote of 3 in favor and 0
opposed.
ATTEST: Rita Ellis, Mayor
Chevelle Nubin, City Cler
g
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0