03-03-09 Regular Meeting MinutesMARCH 3, 2009
A Regular 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, March 3, 2009.
1. Roll call showed:
Present- Commissioner Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Woodie McDuffie
Mayor Rita Ellis
Absent - Commissioner Mackenson Bernard
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Terrill Pyburn, Assistant City Attorney
Brian Shutt, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Mayor Ellis.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mr. Fetzer moved to approve the Agenda as presented, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr.
McDuffie — Yes; Mayor Ellis — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 4
to 0 vote.
5. APPROVAL OF MINUTES:
None.
6. PROCLAMATIONS:
G.A. None
7. PRESENTATIONS:
7.A. Student Art Bus Shelter Winners — Public Art Advisory Board
Kevin Rouse, Chairman of the Public Art Advisory Board, stated the
Public Art Advisory Board (PAAB) selected four (4) entries submitted for its Student Art
03/03/09
Bus Shelter Call to Artists. The intent of the project was to celebrate the City's historic
districts and sites and to encourage students to submit artwork reflecting Delray Beach's
historical resources. The selected bus shelter locations are those located within or
adjacent to a designated historic district. The artwork will be transparent and displayed
in the glass of the shelter, similar to those previously installed within the downtown. The
Call to Artists was sent from the School District to those teachers at schools located
within the Delray Beach city limits and a Media Release was also sent out by the City.
The winning entries were submitted by the following students who received certificates:
Student: Kori Clark
Grade: 4th
School: SD Spady Elementary
Shelter Location: 1st Block of NW 5th Avenue/West Settlers Historic District
Student: Delaney Tavoletti
Grade: 4th
School: Trinity Lutheran
Shelter Location: North Swinton Avenue, north of NE 4th Street/Del -Ida Park
Historic District
Student: Lilly Putnam
Grade: 4th
School: Trinity Lutheran
Shelter Location: SE 6th Avenue, south of East Atlantic Avenue
Student: Paige Fraser
Grade: 4th
School: Trinity Lutheran
Shelter Location: NE 1st Street, between NE 4th and 5th Avenues
Mr. Rouse congratulated the students for winning these awards and stated
this is a great process for the Public Art Advisory Board to be creating this environment
to look forward to something in their life. He invited the Commission and anyone from
the public to come see what the Board is doing. Mr. Rouse acknowledged Amy Alvarez,
Historic Preservation Planner, for her participation with the Board.
S. CONSENT AGENDA: City Manager Recommends Approval.
S.A. FINAL SUBDIVISION PLAT/FLORIDA BOULEVARD
TOWNHOMES AT DELRAY BEACH: Approve a final subdivision plat for a 0.26
acre property to be subdivided into three (3) lots associated with the construction of a
three unit townhome structure for Florida Boulevard Townhomes at Delray Beach
located west of Florida Boulevard, approximately 125' south of La -Mat Avenue.
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S.B. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL) /JW
CHEATHAM/ENVIRONMENTAL SERVICES NEW ENTRANCE: Approve
Contract Closeout (Change Order No. 1/Final) in the amount of a $8,909.24 decrease and
final payment in the amount of $20,648.68 to JW Cheatham, LLC for completion of the
Environmental Services Department (ESD) New Entrance. Funding is available from
441 -5161 -536 -68.24 (Water /Sewer Fund/hnprovements Other/ESD Access Road).
S.C. AGREEMENT /OCEAN HAMMOCK HOMEOWNERS
ASSOCIATION: Approve and authorize the Mayor to execute an Agreement with
Ocean Hammock Homeowners Association for the installation of a temporary speed
hump on Pelican Lane.
S.D. RULES OF THE BOARD OF ADJUSTMENT: Approve the rules of
the Board of Adjustment to include a minor clarification to Article II, Paragraph 1,
regarding the election of officers and when that may take place; and Article V, Paragraph
1, extending the time to file an appeal.
S.E. SPECIAL EVENT REQUEST /12TH ANNUAL DOWNTOWN
DELRAY CRAFT FESTIVAL: Approve a special event request to endorse the 1�2t
Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be
held May 23 - 24, 2009 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per
LDR Section 2.4.6(F) for the closure and use of N.W. 3rd Avenue from Atlantic Avenue
north to the south entrance of Atlantic Grove and the Tennis Center parking lot, to
provide staff support for traffic control and security, barricading and fire inspection
services; contingent on the receipt of a hold harmless agreement and the certificate of
liability insurance.
S.F. RESOLUTION NO. 16 -09 /ABANDONMENT OF A WATER
EASEMENT /CVS PHARMACY: Approve Resolution No. 16 -09 abandoning a 5' x
54' water easement near the northern border of the proposed CVS Pharmacy site to
accommodate the installation of improvements and FPL Utilities associated with the
construction of a 15,266 sq. ft. CVS Pharmacy building located south of George Bush
Boulevard (N.E. 8th Street) between N.E. 5th Avenue (southbound Federal Highway)
and N.E. 6th Avenue (northbound Federal Highway).
8.G. LANDSCAPE MAINTENANCE AGREEMENT /CENTRES
DELRAY LLC: Approve and accept a landscape maintenance agreement with Centres
Delray LLC for certain landscaping to be placed in the City right-of-way along the south
side of George Bush Boulevard (N.E. 8th Street) in conjunction with construction of the
CVS drugstore.
8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period February 17, 2009 through February 27, 2009.
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S.I. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Automotive Resources, Inc. in the amount of
$19,159.86 via GSA (General Services Admin.) Contract No. GS
07F -7172B for the purchase of two (2) single post, 15,000 pound
capacity mobile lifting systems for the Fleet Maintenance Division.
Funding is available from 501 - 3311.591 -64.90
(Machinery/Equipment/Other Mach/Equipment).
2. Purchase Award to Chemical Lime Company of Alabama, Inc. in
an estimated amount of $450,000.00 via the City of Boynton
Beach Co -op Bid #005 - 2821 -09 /JA for the purchase of bulk
quicklime. Funding is available from 441- 5122 -536 -52.21 (Water
and Sewer Fund/Operating Supplies /Chemicals).
3. Purchase award to Show Turf of South Florida in the amount of
$40,200.00 for the purchase of two (2) 2005 Toro 3150 used
fairway mowers, one (1) LasTec 721 and one (1) John Deere used
2005 utility cart. Funding is available from 445- 4761 -572 -64.90
(DB Municipal Golf Course /Machinery/Equipment/Other
Machinery/Equipment).
Mr. Eliopoulos moved to approve the Consent Agenda as
presented, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows:
Mr. McDuffie — Yes; Mayor Ellis — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said
motion passed with a 4 to 0 vote.
9. REGULAR AGENDA:
9.A. FINAL SUBDIVISION PLAT/REQUEST FOR WAIVERS /240
MARINE WAY: Consider approval of the subdivision plat and associated waivers to
Land Development Regulation (LDR) Section 4.3.4(K), "Development Standards
Matrix ", regarding a reduction below the minimum lot dimension requirements for 200
Marine Way, a 2 -lot single family subdivision, for one of the two proposed lots, located
at the southwest corner of S.E. 2'd Street and the Intracoastal Waterway. (Quasi- Judicial
Hearing)
from the dais. Commissioner Eliopoulos declared a conflict of interest and stepped down
Mayor Ellis read the City of Delray Beach procedures for a Quasi - Judicial
Hearing into the record for this item and all subsequent Quasi - Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who gave
testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications.
03/03/09
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2008 -241 into the record.
Mr. Dorling stated this is a certification of a final plat and approval of two
associated waivers for 200 Marine Way. On September 17, 2008 the Historic
Preservation Board (HPB) approved a COA (Certificate of Appropriateness) for a re-
orientation of the existing house onto Lot 1 and also a COA (Certificate of
Appropriateness) for construction of a new single family home on what will become Lot
2. The required findings for the waivers are identified in the backup material to LDR
Section 2.4.7(B)(5). The LDR Section requires that Lots created after October 1, 1990
meets the minimum requirements established in Chapter 4 unless the Commission
determines at the time of approval of the associated development application that it is
necessary and appropriate to create a non - conforming lot. Mr. Dorling stated the waivers
are with respect to lot width and lot frontage. He stated lot width is required to be 75 feet
and the lot width is actually 63.37 feet and the frontage is actually 24 feet. Mr. Dorling
stated although this form of subdivision design is not normally encouraged, in this
situation it is being done to accommodate the creation of a new single family lot which
provides economic viability to save and renovate the existing home which is going to be
located on Lot 1. He stated that home is currently non- contributing but is recommended
for contributing status in the resurvey of the Marina District. Staff recommends approval
of the two waivers. Mr. Dorling stated the plat and the associated waivers also went to
the Historic Preservation Board (HPB) and were recommended for approval on October
15, 2008.
David P. Lindley, P.L.S. with Caulfield & Wheeler, Inc. 7301A W.
Palmetto Park Road, Suite 9100A, Boca Raton (Civil Enaineerinu and Land_
PlanninM, stated they feel it is a benefit to the City of Delray Beach to have this historic
building preserved and improved. He stated the building will be located on N.E. 2" d
Street so the public will be able to enjoy it as well.
Mayor Ellis stated if anyone from the public who wishes to speak in favor
or in opposition of the final subdivision plat/request for waivers, to please come forward
at this time. There being no one from the public who wished to address the Commission,
the public hearing was closed.
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.
McDuffic. Upon roll call the Commission voted as follows: Mayor Ellis — Yes; Mr.
Fetzer — Yes; Mr. McDuffie — Yes. Said motion passed with a 3 to 0 vote.
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9.B. FINAL SUBDIVISION PLAUTALLMAR: Consider approval of a
subdivision plat for Tallmar, a 1.65 acre property which contains the existing Delray
Marriott Residence Inn hotel complex associated with the construction of two and four -
story additions located at the northeast corner of East Atlantic Avenue and Seabreeze
Avenue. (Quasi- Judicial Hearing)
Commissioner Eliopoulos declared a conflict of interest for Item 9.B. and
Item 9.C. and stepped down from the dais.
Chevelle D. Nubin, City Clerk, swore in those individuals who gave
testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2008 -200 into the record.
Paul Dorling, Director of Planning and Zoning, stated this is the final plat
known as the Tallmar Plat and is a 1.65 acre property which contains the existing Delray
Marriott Residence Inn and the replat is associated with a two and four -story addition on
the site.
On October 18, 2008, the Site Plan Review and Appearance Board
(SPRAB) approved a modification which included the construction of two and four -story
addition, an off -site valet parking area, an expansion of the existing restaurant and the
addition of retail and commercial uses. The plat will provide a dedication at the corner
located on East Atlantic Avenue and Seabreeze Avenue. Mr. Dorling stated it meets all
the technical requirements of a final plat and staff recommends approval.
The applicant was not present.
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. McDuffie moved to adopt the Board Order as presented, seconded by
Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr.
McDuffie — Yes; Mayor Ellis — Yes. Said motion passed with a 3 to 0 vote.
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9.C. RESOLUTION NO. 15 -09: ABANDONMENT OF A WATER
EASEMENT/DELRAY MARRIOTT RESIDENCE INN: Consider approval of
Resolution No. 15 -09 abandoning a 5 -foot water easement along the north western border
of the Delray Marriott Residence Inn property in conjunction with the construction
of two -story and four story hotel additions located at 1145 East Atlantic Avenue. (Quasi -
Judicial Hearing)
The caption of Resolution No. 15 -09 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
VACATING AND ABANDONING A WATER
EASEMENT LOCATED WITHIN THE DELRAY
MARRIOTT RESIDENCE INN PROPERTY LOCATED
EAST OF SEABREEZE AVENUE, APPROXIMATELY
170' NORTH OF EAST ATLANTIC AVENUE AND AS
MORE PARTICULARLY DESCRIBED HEREIN.
(The official copy of Resolution No. 15 -09 is on file in the City Clerk's
office.)
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 #2008 -200 into the record.
Mr. Dorling stated this is the Delray Marriott Residence Inn site. He
stated this easement is an old easement and currently has no facilities in it. Mr. Dorling
stated the applicant wants to remove this encumbrance with a new plat.
At its meeting of October 14, 2008, the Site Plan Review and Appearance
Board approve a Class IV Site Plan Modification for the Delray Marriott Residence Inn
expansion and the Board recommended approval. Mr. Dorling stated required findings
with respect to the abandonment are identified under LDR Section 2.4.6(1)(5) and staff
recommends approval.
The applicant was not present.
There was no cross - examination or rebuttal.
Mr. Fetzer moved to approve Resolution No. 15 -09, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie --- Yes;
Mayor Ellis — Yes; Mr. Fetzer Yes. Said motion passed with a 3 to 0 vote.
At this point, Commissioner Eliopoulos returned to the dais.
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9.D. SELECTION OF CONSULTANT FOR THE GREEN TASK FORCE
ONLINE MEETING BULLETIN BOARD: Consider two (2) proposals received for
computer software development and select one to implement the Green Task Force online
bulletin board meetings.
Terrill Pyburn, Assistant City Attorney, stated in May 2008 the City
Commission requested that City staff and specifically the City Attorney's office to do
some research regarding whether or not the City's Green Task Force Board could hold
on -line Board Meetings. In June, the Commission directed the City Attorney's office to
obtain an opinion from the Attorney General's office as to that matter. In December, the
Attorney General responded and said that we could pursue holding on -line Workshop
Board Meetings for the Green Task Force and after that the City's Purchasing
Department requested proposals which they are allowed to do under ordinance Section
36.02 which provides that items under $15,000.00 you can request proposals from at least
three vendors. Ms. Pyburn stated they sought to do that and they received two proposals
back in response; one from ComputerWorx which submitted a proposal in amount of
$1,600.00 and one from Wright Communications & Technology, Co. which submitted a
proposal in the amount of $9,150.00 for the On -line Bulletin Board Committee met in
February and recommended that ComputerWorx be selected by the Commission and they
determined that additional work may be required as this is a new concept that has not
really been tested yet. Therefore, staff has drafted a proposed agreement that the
contractor the Commission selects tonight will have to enter into to with the City of
Delray Beach which provides that they would provide the framework to hold the
meetings based on their proposed amount but also that any additional work would have to
be agreed to by the City and they would have to submit a proposal for any additional
work for maintenance or repair before it would be agreed to. Ms. Pyburn stated that per
the agreement the consultant would have to provide the City with all software source
codes so that the City of Delray Beach would have the ability to advertise, sell, distribute
and use the software as we see fit in the future without paying any royalties to the
consultant.
Dan Sloan, 106 S.E. 7th Avenue, Delray Beach, stated this was an idea
that the Green Task Force had because they had a lot of volume of technical material they
wanted to discuss on an interim basis. He stated this bulletin board software where you
can have on -line meetings fully transparent where any citizen anywhere in the world can
check read this if they are traveling, it can be archived, searchable for public records
purposes, and could be utilized for things such as a Budget Task Force in the future that
has a lot of data. Mr. Sloan stated this would have wide applicability.
Mr. McDuffie asked who the design team is. Mr. Sloan stated this is
actually a free software package that the Green Task Force is going to customize to meet
the City's requirements for data security, archiving, and adapt it for the particular
requirements to comply with the sunshine law. Mr. McDuffie asked Mr. Sloan if he feels
this can be accomplished with $1,600.00. Mr. Sloan stated he is convinced that this can
be accomplished for $1,600.00.
03/03/09
Mr. McDuffie asked what this software is written in. Ed DelPortillo,
Project Manager, stated open source BB bulletin Board (PHP). For the record, Mr.
DelPortillo stated this could possibly cost a little more than $1,600.00 although staff does
not anticipate it to be an exorbitant amount. He stated the only other cost there would be
is to secure it on the server side. Mr. McDuffie asked if there is a data base involved. In
response, Mr. DelPortillo stated "my sequel" which will be hosted in the IT's
environment and protected in IT's environment. Mr. DelPortillo stated it will be in the
control of IT and the source code is IT's.
Mr. Fetzer stated he understands that this is the first application of this sort
in the State. Ms. Pyburn stated it appears that other cities, counties, and other agencies
have requested permission from the Attorney General's office in the past to do something
similar but they never quite got it off the ground because either the Attorney General
responded that they could not meet the requirements or they thought that it would be too
costly at that time to meet the requirements. However, at this time, Ms. Pyburn stated the
technology is much better and much easier to apply. Ms. Pyburn emphasized that this is
only for Workshop Meetings so it cannot be applied to any meetings where there would
be a vote taken and for that it is still required that you must have a physical presence of at
least a quorum of the board members. Mr. Fetzer asked if Ms. Pyburn sees applications
for other cities to do a similar type of thing. Ms. Pyburn stated the City is hoping to sell
it at some point in the future.
Mr. Eliopoulos stated he thinks this is great and would be a great thing to
implement for the Budget Task Force.
Mayor Ellis stated she appreciates Mr. Sloan's efforts.
Prior to the vote, The City Attorney stated she too would like to thank Mr.
Sloan for his efforts.
At this point, Mr. Clifford Wright, owner of the company who submitted
the other proposal (Wright Communications & Technology, Co.) came forward. Mr.
Wright stated his company is the one who initially turned in the proposal for $100,000.00
and they knew exactly what they were doing. Mr. Wright stated they later came back
because they were asked to do another proposal with additional software. He stated they
took a very analytical approach to what they were doing and did not just do this to just
turn a bid in.
Mr. Fetzer moved approval of the contract and award to ComputerWorx in
the amount of $1,600.00 and incidentals, seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mayor Ellis — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer —
Yes; Mr. McDuffie — Yes. Said motion passed with a 4 to 0 vote.
efforts.
The City Attorney stated she too would like to thank Mr. Sloan for his
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At this point, Mr. Clifford Wright, owner of the company who submitted
the other proposal (Wright Communications & Technology, Co.) came forward. Mr.
Wright stated his company is the one who initially turned in the proposal for $100,000.00
and they knew exactly what they were doing and have been in this business almost 50
years. Mr. Wright stated they later came back because they were asked to do another
proposal with additional software. He stated they took a very analytical approach to what
they were doing and did not just do this to just turn a bid in.
9.E. AQUIFER STORAGE AND RECOVERY WELL: Approve and
authorize the discharge of contaminated water from the Aquifer Storage and Recovery
(ASR) Well to the City's sanitary sewer system for approximately four (4) months at an
estimated cost of $165,000.00 for treatment, required materials and equipment. Funding
is available from 441- 5142 - 536 -34.80 (Water and Sewer Fund/Share Wastewater
Treatment) and 442 - 5178 -536 -46.90 (Water and Sewer Renewal/Other Repair &
Maintenance Costs).
Richard Hasko, Director of Environmental Services, stated this item is a
request for approval of an expenditure amount not to exceed $165,000.00 to reactivate
the viable nature of the Aquifer Storage and Recovery (ASR) Well located just north of
the City Attorney's office. Mr. Hasko stated the ASR was constructed years ago as a cost
effective alternative to proposed ground water storage and pumping stations in the
northeast area. Mr. Hasko stated there was a long period of testing because it was
relatively new technology for the City. Staff just obtained an operational permit on it and
started having problems with the pumping equipment and every time a pump would burn
out it was 250 feet into the well so a contractor would have to come in with a big crane
and the well is under artesian pressure so the City had to keep a salt plug in it to keep the
water down there and noted it was very costly every time the pump burnt out. He stated
the well has remained static for some period of time while the City was redesigning the
pump equipment, etc. to overcome those issues which staff has done. Mr. Hasko stated
staff found out that because of the length of time that the treated product sat in the
chloride environment we had the arsenic problem crop up that many of the ASR's around
the State for the same reason are trying to deal with it at this point. Mr. Hasko stated
staff had one of the consultants look at alternative methods for arsenic removal so that the
City could start operating the well. He stated these cost approximately $4 -$13 million at
the wellhead. Mr. Hasko stated the City worked with the Palm Beach County Health
Department and did some testing of the water at the Water Treatment Plant sending
samples of the product from the ASR through the plant process. Staff determined that the
flow of that through the plant process was well below the allowable limits in drinking
water. The Health Department took a conservative approach and they insisted on some
sort of wellhead treatment. Mr. Hasko stated staff has received approval through the
Health Department and FDEP (Florida Department of Environmental Protection) as well
having been being accepted by the South Central Regional Wastewater Plant is to do a
controlled withdrawn and discharge to the City's wastewater system. He stated it would
go out to the plant through the City's normal sewer system and it would get processed
through the plant and the dilution factor would bring the arsenic levels well below the
maximum levels that are controlled in wastewater flows per the City's ordinance. Staff is
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confident that they will be able to get the arsenic water out of there at such point in time
that the sampling and testing protocol shows the City that the arsenic is gone. Mr. Hasko
stated then the City can re- implement and re- permit the ASR Well itself and begin to use
it as it was originally intended to be used. He stated less than $20,000.00 is for
equipment that is needed and in sending the flow to the plant we are going to add to the
flow going to the meter so we are going to get charged for that. Staff estimates
approximately $145,000.00- $145,500.00 that operating costs for treatment at the plant
will increase.
Mr. McDuffie asked if this is a common occurrence. Mr. Hasko stated it
is the City's experience and is a similar experience that a number of utilities are having
with ASR's around the State and there is a time limit how long you can leave the treated
water in the well and creates the arsenic. Mr. Hasko stated staff is flushing the
contaminated what used to be treated water so that it is not contaminated with arsenic at a
controlled rate as to not to exceed the industrial pretreatment limits at the Wastewater
Treatment Plant and over time staff will be sampling and testing that on a regular basis
and over time that arsenic level will decrease until the contaminated product is out of
there. He stated then at that point staff can start recharging the well and recycle testing
and get aiming towards re- permitting it for operation.
Brief discussion between Mr. Hasko and Commissioner McDuffie
followed.
Mr. McDuffie moved to approve expenditures not to exceed $165,000.00
related to the removal of arsenic contamination from the Aquifer Storage and Recovery
Well (ASR), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mr. Fetzer — Yes; Mr. McDuffie — Yes; Mayor Ellis — Yes; Mr. Eliopoulos
Yes. Said motion passed with 4 to 0 vote.
9.F. REQUEST FOR DIRECTION REGARDING THE BEACH
EQUIPMENT RENTAL BID: Provide direction concerning questions raise
. d during
the pre -bid meeting held on February 11, 2009 regarding the Beach Equipment Rental
Invitation to Bid.
Brian Shutt, Assistant City Attorney, stated on February 11, 2009, there
was a pre -bid meeting regarding the Beach Equipment Rental Invitation to Bid. Mr.
Shutt stated in his memo there are some clarifications that were requested and staff has
also addressed some of the clarifications. He stated one of the other issues that came
from that meeting was a request to change the point system in order to do that the City
would have to go out for re-bid. Mr. Shutt stated one of the other issues that he did not
make a clarification on is under the "additional amenities ". He stated Bob Taylor, Ocean
Rescue Superintendent, checked with the Delray Beach Marriott to see what they were
looking for and they wanted the ability to have their hotel guests to be able to charge the
cabanas to the room. Mr. Shutt stated the proposed clarifications are in the addendum.
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Brief discussion between Linda Karch, Director of Parks and Recreation,
and the City Commission followed. Ms. Karch stated the current vendor rates list shows
whole day, by the hour, by the type of chair, seasonal memberships, yearly memberships
and multi -day rate.
Mr. Eliopoulos moved to approve the addendum and add the list of rate
categories with the caveat that it can modified for the proposer to list other categories and
rates, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
McDuffie — Yes; Mayor Ellis — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said
motion passed with a 4 to 0 vote.
At this point, the time being 7:03 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 06 -09 (SECOND READING /SECOND PUBLIC
HEARING): Consider an ordinance providing for the reclassification of nineteen. (19)
properties from non - contributing to contributing in the Marina Historic District.
The caption of Ordinance No. 06 -09 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 4.49, "GENERAL
COMMERCIAL (GC) DISTRICT ", SUBSECTION (G),
"SUPPLEMENTAL DISTRICT REGULATIONS ", AND
SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT ", SUBSECTION (G), "SUPPLEMENTAL
DISTRICT REGULATIONS ", SUB- SUBSECTION (1)
"CENTRAL CORE AND BEACH AREA
SUPPLEMENTAL REGULATIONS ", TO CHANGE THE
PARKING REQUIREMENTS FOR BUSINESS AND
PROFESSIONAL OFFICES WITHIN CERTAIN
PORTIONS OF THESE ZONING DISTRICTS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 06 -09 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.
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Paul Dorling, Director of Planning and Zoning, stated this ordinance
reclassifies 19 properties from non - contributing to contributing in the Marina Historic
District and corresponds with the report and the survey that recommended extending the
period of significance. Mr. Dorling stated these 19 properties are now eligible for this
reclassification.
At its meeting of February 17, 2009, the Historic Preservation Board
(HPB) was presented with two versions of the ordinance and actually considered 21
properties. Mr. Dorling stated on the Agenda this evening there is a request to
reconfigure this district and eliminate those properties so staff felt it was prudent at this
time to not classify them as contributing and then take them out of the district in the next
action. Therefore, this includes the 19 properties versus the 21 properties. Mr. Dorling
stated if for some reason the Commission would not support the reconfiguration of that
boundary, then staff would add those two properties at a later date. Staff recommends
approval as did the Historic Preservation Board at their meeting of February 17, 2009.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 06 -09, the
public hearing was closed.
Mr. Eliopoulos moved to adopt Ordinance No. 06 -09 on Second and
FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mayor Ellis — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer Yes; Mr. McDuffie —
Yes. Said motion passed with a 4 to 0 vote.
10.B. ORDINANCE NO. 07 -09 (SECOND READING/SECOND PUBLIC
HEARING): A city initiated amendment to the Land Development Regulations (LDR)
Section 4.4.9(G), "Supplemental District Regulations ", and Section 4.4.13(G)(1),
"Central Core and Beach Area Supplemental Regulations ", to change the parking
requirements for business and professional offices within certain portions of these zoning
districts.
The caption of Ordinance No. 07 -09 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 4.4.9, "GENERAL
COMMERCIAL (GC) DISTRICT ", SUBSECTION (G),
"SUPPLEMENTAL DISTRICT REGULATIONS ", AND
SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT ", SUBSECTION (G), "SUPPLEMENTAL
DISTRICT REGULATIONS ", SUB - SUBSECTION (1)
"CENTRAL CORE AND BEACH AREA
SUPPLEMENTAL REGULATIONS ", TO CHANGE
THE PARKING REQUIREMENTS FOR BUSINESS
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................
AND PROFESSIONAL OFFICES WITHIN CERTAIN
PORTIONS OF THESE ZONING DISTRICTS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 07 -09 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 is second
reading on an amendment to both the GC (General Commercial) and the CBD (Central
Business District) sections of the LDRs. Mr. Dorling stated this modifies the parking
requirements for the areas shown on the overhead and allows a reduced parking rate
similar to the reduced parking rate which the CBD two blocks north and south of Atlantic
Avenue enjoys. He stated this is one of the recommendations of the Chamber of
Commerce Economic Development Committee with the goal of promoting Class A office
in town. Mr. Dorling stated the parking reduction would go from the required 3.5 and 4
spaces per 1,000 to 1 per 300. That would be further reduced by the amendment the
Commission approved previously that talks about assessing net versus gross area in office
buildings so that you do not have to provide parking for lobbies and bathrooms.
At its meeting of February 24, 2009, the Parking Management Advisory
Board (PMAB) considered this ordinance and recommended approval of this
modification.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 07 -09, the
public hearing was closed.
Mr. Eliopoulos moved to adopt Ordinance No. 07 -09 on Second and
FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. McDuffie — Yes; Mayor Ellis --
Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7 :03 p.m., the Commission moved to Item
11, Comments and Inquiries on Non- Agenda Items from the City Manager and the
Public.
II.A. Ci Manager's response to prior imphlic comments and inquiries.
The City Manager stated at the last two meetings Mr. MacNamec raised
questions about the garbage franchise and the service given in the beach area and
provided the City Commission with an extensive report. The City Manager stated he
responded to Mr. MacNamee's concerns via a letter with exhibits.
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Mr. Eliopoulos suggested that this be a Workshop item and that the Beach
Property Owners (BPOA) be invited to the meeting. He stated it would be informative
for the new Commission to understand what has been done. Mr. Eliopoulos stated there
were a lot of items that were brought up and believes staff has responded to them but he
does think that there is some additional information that needs to be available.
Mr. Fetzer asked if staff has heard from Mr. MacNamee after the City
Manager sent him the latest response. The City Manager stated Mr. MacNamee asked for
and received a register of all the customers on the barrier island and the beach area and he
has been contacting those customers trying to verify whether or not everything in the
register was accurate. The City Manager stated Mr. MacNamee contacted a couple
different staff members saying that he had found some inaccuracies but did not disclose
any details.
Mr. McDuffie asked if there is a fuel index in there as well. The City
Manager stated there is a fuel index and the pricing will change next fiscal year based on
fuel costs. Mr. McDuffie stated what we should see is a decline because fuel was nearly
twice as much when the contract was negotiated. The City Manager reminded the
Commission that the fuel is diesel so it has not gone down as much as gasoline has.
It was the consensus of the Commission to have the City Manager to move
forward with this. The City Manager stated this will be scheduled for the April
Workshop Meeting once the new Commission is seated.
Secondly, with regard to a concern expressed by Mr. Kuhn over the loss of
parking around the VFW, the City Manager stated the dumpster that was on the east side
of 2 d Avenue is gone. There are four available parallel parking spaces on the east side of
2"d Avenue in front of the VFW and two parallel parking spaces on the west side. The
City Manager stated none of these are designated as handicapped spaces. The two spaces
on the west side are reserved for the valet after 5:00 p.m. per the valet agreement. The
parking that was in Worthing Park was replaced by what is in the Federspiel Garage with
the intent of providing more space to the public. He stated that does have four
handicapped spaces on the first floor but it is a block away from the VFW.
The City Manager stated Mrs. Finst had raised questions about some of
the City's revenue projections that were in the Annual Report. He stated general building
permits may be down but the overall permit revenue is at 25% at the end of the first
quarter. The City Manager stated the City still expects to make its year -end estimate for
overall permit revenue based on projects in the pipeline. He stated this is one of the
things that Mrs. Butler looks at in developing revenue estimates. The City knows what
projects are being planned and when they think they will be coming in for permits. The
City Manager stated things like plumbing and air conditioning are well above 25% and
noted that they are in the 35 -40% range so far. With regard to parking revenue, the City
Manager stated that the meter charges were increased from seventy -five cents to $1.00
per hour (one -third increase) and also last year's revenue was artificially depressed due to
construction on A -1 -A and the process of acquiring and installing new parking meters.
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Staff believes that they will meet their projections on parking revenue. With regard to
fines and forfeitures, the City Manager stated the City has reinstituted parking
enforcement on the weekends and that will bring in some additional fines. Also, the City
Manager stated the City received some revenue from the County this year that we really
should have received last year. He stated the County is still working to try to sort out
what we are supposed to get versus what we have actually gotten. The City Manager
stated the City continues to work with the County to determine why our fine revenue has
declined and believes that we will receive additional payments from them. He stated if
we do not, the City could get as much as a $200,000.00 shortfall in that category. With
regard to franchise fees, the City Manager reiterated that the City is at 25% at the end of
the first quarter. However, the City Manager stated the City could have a shortfall of as
much as $100,000.00 in this category because when staff does the budget estimates
Florida Power & Light (FPL) was projecting a 15% rate increase but they will only be
increasing rates by 8 %. The City Manager stated at this point staff is projecting a
$1,000,000.00 shortfall overall in the budget and the City is taking steps to be sure to
close this gap.
11. From the Public.
W. 13Ih Street, Delray Beach,
11.B.1. Commander Robert Kuhn, 531 N .
current Commander of Veterans of Forcian Wars at Post 4141 chartered in this ci
on June 21, 1945 and a resident of the City of Delrav Beach since 1979, VFW Post in
Delray Beach, asked for clarification regarding the City Manager's comments about the
parking and inquired if they are going to see any relief with the handicapped spaces.
The City Manager stated the closest handicapped parking space is about
one block away which is not what the VFW needs for handicapped parking. Mr. Kuhn
stated the VFW is looking for some temporary help because of what is going on in the
vicinity right now. The City Manager stated he will have the City Engineer get in touch
with Mr. Kuhn and staff will work something out.
11.B.2. David Hawke, 121 Heather Lane, Delray Beach (Code Enforcement
Chair ), stated the Code Enforcement Board has a number of code cases that have
become before the Board where the homeowners have hardships (i.e. unemployment and
single parents) and the properties have accumulated liens in excess of $10,000 - $12,000
and have sat in bad condition for a number of months. Mr. Hawke asked for
recommendations from City staff or the Commission on where the Code Enforcement
Board can advise these people to go to for help. He stated there is a Workshop Meeting
in April and noted that if Doug Smith, Assistant City Manager, or Jennifer Costello,
Neighborhood Planner would like to attend then he will have this on the Agenda as a
discussion item.
Mr. McDuffie suggested that Mr. Hawke contact Mrs. Butler and noted
that Jennifer Costello, Neighborhood Planner may also be able to help.
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03/03/09
Mr. Eliopoulos stated there are a lot of issues with properties that Code
Enforcement is going to be dealing with and the City is going to have to look at and see
how we want to deal with it and how these properties should be up kept because he does
not feel this is going away anytime soon.
Mayor Ellis asked if Mr. Hawke is talking about one individual. Mr.
Hawke stated this is a massing of more cases, larger fines, more times where we are
months and years without any action. He stated in some cases it is sometimes just a
simple coat of paint, some cases it is commercial properties that have not started
construction, and a variety of economic things. Mr. Hawke stated the Code Enforcement
Board is trying to address the single family houses so that they can keep the
neighborhoods more stable. Mayor Ellis asked what the Board has done in the past. Mr.
Hawke stated the Code Enforcement Board has tried to direct them to Community
Relations or Boot Strap or Paint up Delray.
Mayor Ellis stated she noticed that Mr. MacNamee came in and was
sitting next to Mr. Hawke and she informed Mr. MacNamee that his item came up for
discussion before he arrived to the meeting. Mayor Ellis informed Mr. MacNamee that
the Commission did discuss this and felt it would be best to pursue a Workshop Meeting
(Tuesday, April 14, 2009) and review the garbage rates and how the City got to where it
is now and what other options we may want to pursue.
At this point, the time being 7:32 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 10 -09: Consider an ordinance which modifies the
Marina Historic District boundaries to remove twelve (12) properties as recommended by
the Marina Historic District resurvey. If passed, a public hearing will be held on March
17, 2009.
The caption of Ordinance No. 10 -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 4.5.1,
"HISTORIC PRESERVATION SITES AND
DISTRICTS ", SUBSECTION (L), "DESIGNATION OF
HISTORIC DISTRICTS ", SUBSECTION (2) "MARINA ",
TO PROVIDE FOR THE REMOVAL OF CERTAIN
PROPERTIES WITHIN THE MARINA HISTORIC
DISTRICT AND AMENDING THE MARINA HISTORIC
DISTRICT BOUNDARIES; PROVIDING A GENERAL
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office.)
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 10 -09 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
For the record, Commissioner El'iopoulos stated in the past he has always
stepped down on this item because there was a house in that section that he was the
architect for; however, the project has been dissolved and he received a letter in January
2009 to stop this project.
Paul Dorling, Director of Planning and Zoning, stated this ordinance
modifies the Marina Historic district boundaries resulting of the removal of 12 properties.
The recommendation is to modify the legal description in he LDR's to remove these 12
properties. This was a result of a survey which was conducted by GAI Consultants of the
Marina District and that report included a recommendation that the district boundaries be
amended because this area had been adversely affected by the scale of new construction
along the Intracoastal.
At its meeting of February 18, 2009, the Historic Preservation Board
(HPB) considered this item and the Board voted 5 to 0 to recommend approval. At its
meeting of February 23, 2009, the Planning and Zoning Board considered this item and
the Board voted 7 to 0 for the re- describing of this district for removing these properties.
Staff recommends approval.
Mr. Fetzer moved to approve Ordinance No. 10 -09 on FIRST Reading,
seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer
— Yes; Mr. McDuffie — Yes; Mayor Ellis — Yes; Mr. Eliopoulos Yes. Said motion
passed with a 4 to 0 vote.
12.B. ORDINANCE NO. 12 -09; Consider a city initiated ordinance amending
Section 112.28, "Disconnection of Alarm System", to provide for a limited response to
alarm systems; amending Section 112.29, "Appeal" to remove all references to
disconnecting; repealing Sections 112.30, "Failure to Disconnect or Unauthorized
Reconnection of Alarm System" and 112.31, "Reconnection of Alarm Systems" in their
entirety; and amending Section 112.51, "Enforcement through Code Enforcement
Board ", to provide for enforcement through civil citation. If passed, a public hearing will
be held on March 17, 2009.
The caption of Ordinance No. 12 -09 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 112.28, "DISCONNECTION OF
ALARM SYSTEM ", TO PROVIDE FOR A LIMITED
RESPONSE TO ALARM SYSTEMS; AMENDING
SECTION 112.29, "APPEAL" TO REMOVE ALL
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office.)
REFERENCES TO DISCONNECTING; REPEALING
SECTIONS 112.30, "FAILURE TO DISCONNECT OR
UNAUTHORIZED RECONNECTION OF ALARM
SYSTEM" AND 112.3 1, "RECONNECTION OF ALARM
SYSTEMS" IN THEIR ENTIRETY; AND AMENDING
SECTION 112.5 1, "ENFORCEMENT THROUGH CODE
ENFORCEMENT BOARD ", TO PROVIDE FOR
ENFORCEMENT THROUGH CIVIL CITATION;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 12 -09 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Terrill Pyburn, Assistant City Attorney, stated this ordinance is to update
the City's current alarm code to provide for a limited response for an alarm user's failure
to register their alarm within thirty (30) days of notice of same, failure to provide a
written "Affidavit of Service/Repair" within thirty (30) days of notice that they have had
a false alarm, failure to pay response fees for false alarms where such fees are overdue by
over one hundred twenty (120) days, or failure to appear within thirty (30) minutes of the
notice to respond if the failure has occurred four (4) times or more within a registration
period which is one year. Staff has also provided that enforcement may be via the civil
citation provision in the City's Code with appeals to be heard through the City's hearing
officer because staff feels that this will help to cut down on some of the false alarms that
the City has had.
Mr. Eliopoulos moved to approve Ordinance No. 12 -09 on FIRST
Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows:
Mr. McDuffie — Yes; Mayor Ellis — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes.
Said motion passed with a 4 to 0 vote.
At this point, the time being 7:38 p.m., the Commission moved to Item
9.G. of the Regular Agenda.
9.G. AGREEMENT /LANGTON ASSOCIATES, INC. /GRANT WRITING
SERVICES: Consider approval of a Consulting Agreement between the City and
Langton Associates for American Recovery and Reinvestment Act grant writing services.
The City Manager stated the City has used Langton Associates, Inc. for
numerous years for grant writing services and did not renew the contract with them this
year because of budget constraints, etc. He stated the City is now in a different situation
where we have the stimulus bill with numerous programs to which might apply. The City
Manager stated there is a very tight timeframe to get applications in and he does not
believe that City staff can get all the applications done that we would have the
opportunity to submit within those timeframes. Therefore, the City Manager stated the
City needs assistance and thus the reason for this proposal.
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03/03/09
Mayor Ellis stated she is very much in favor of this and feels that this is
the time for the City to act on this.
Prior to the vote, Mr. McDuffie asked how much longer is the window
open if the City were to bid this. The City Manager stated it would take approximately
six (6) weeks to do an RFP (Request for Proposal) and the agencies are supposed to have
their proposals out within seventy -five (75) days which is about ten weeks and beyond
that there is an equal amount of time to get the application together and submitted.
Mr. McDuffic moved to waive the competitive bidding requirements
under the auspices of Section 30.15(B) emergency waivers, seconded by Mr. Eliopoulos.
Upon roll call the Commission voted as follows: Mayor Ellis — Yes; Mr. Eliopoulos
Yes; Mr. Fetzer — Yes; Mr. McDuffie Yes. Said motion passed with a 4 to 0 vote.
Mr. Eliopoulos moved to award the Consulting Agreement between the
City and Langton Associates for American Recovery and Reinvestment Act grant writing
services, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows:
Mr. Eliopoulos -- Yes; Mr. Fetzer — Yes; Mr. McDuffie Yes; Mayor Ellis - Yes. Said
motion passed with a 4 to 0 vote.
9.11. APPOINTMENT TO THE CODE ENFORCEMENT BOARD:
Appoint one (1) alternate member to the Code Enforcement Board to serve an unexpired
term ending January 14, 2010. Based upon the rotation system, the appointment will be
made by Commissioner Bernard (Seat 44).
Mayor Ellis stated she would like to defer the appointment to the Code
Enforcement Board to the regular meeting of March 17, 2009.
991. APPOINTMENT TO THE DELRAY BEACH HOUSING
AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority
to serve an unexpired term ending July 14, 2010. Based upon the rotation system, the
appointment recommendation will be made by Commissioner Bernard (Seat #4).
Mayor Ellis stated she would like to defer the appointment to the Delray
Beach Housing Authority to the regular meeting of March 17, 2009.
At this point, the time being 7:46 p.m., 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
With regard to the status of the Hilltopper Stadium Agreement, the City
Manager stated the terms of the lease agreement were finalized this morning because the
City was waiting on some cost estimates from Florida Power & Light (FPL) and the Palm
Beach County School District pertaining to installation of underground power lines. The
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03/03/09
City Manager stated the Palm Beach County School Board will consider the lease
agreement at their Board meeting of March 18, 2009 and that it be before the City
Commission at their first meeting in April.
D.B. City Attorney
The City Attorney had no comments or inquiries on non- agenda items.
D.C. City Commission
D.C.I. Mr. Fetzer
Mr. Eliopoulos stated this afternoon he met with Usher Brown the
Attorney who is doing the Bond investigation and he has been through the 17,000 pages
of documentation and is now in the process of interviewing various people. Mr. Fetzer
stated Mr. Brown interviewed City staff today and will be doing interviews tomorrow as
well. He is going to be talking to our financial advisor and also our bond attorney. Mr.
Fetzer stated he and Mr. Brown talked about trying to schedule a special meeting to get
his feedback. Mr. Fetzer stated he has asked for a complete written report on his findings
and recommendations and also for him to give the Commission a verbal overview of the
report and give the Commission the opportunity to ask questions. Mr. Fetzer stated he
has also requested that Mr. Brown provide a written report approximately 3 -4 days before
the Commission meets with him.
It was the consensus of the Commission to hold a Special Meeting on
Monday, March 23, 2009 at 5:00 p.m. with Mr. Usher Brown for feedback. Mr. Fetzer
stated he will ask Mr. Brown to provide the written material to the Commission as soon
as he can. Mr. Fetzer stated if everything is not settled on March 23, 2009 then there is a
possibility that the Commission may have to meet on Wednesday, March 25, 2009 as
well.
Secondly, Mr. Fetzer stated he had a meeting with the Beach Property
Owners Association (BPOA) with Chief James and Chief Stravino to talk about the
staffing of Fire Station #2. He stated he met earlier in the week with both of them and
went over the staffing plan on Fire Station 112 and they are recommending a modified
approach to the way that this is being handled. Mr. Fetzer stated after going through this
proposal with them and based on our current financial situation he feels it make sense.
Mr. Fetzer stated this is a temporary proposal because ultimately we want to staff that
station like the other stations. He stated this gives the City an ability to solve some of the
safety issues related to this and do that on a temporary basis. Mr. Fetzer stated there is an
education process that the City will have to go through particularly with the BPOA and
the people who are within Fire Station 42 and make them understand what the City is
proposing. Mr. Fetzer stated he does not see a significant impact on service to residents
of that area and he does see a big improvement in the safety issues. Mr. Fetzer stated the
BPOA has a membership meeting on March 19, 2009 and Chief James will be there to
explain and communicate to as many people as possible specifically what they are
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03/03/09
proposing on the staffmg. The City Manager stated this would need to come back to the
Commission because it has financial implications to the City and it also has a lot of
implications on perceptions of service to our residents particularly the beach area.
Mr. Fetzer stated the tennis event was great this weekend and the event
promotes the downtown area very well.
13.C.2. Mr. EIiopoulos
Mr. Eliopoulos commented about an email from David Clowney N (Jets
player) and stated he wants to have a development program at Seacrest. The City
Manager stated Linda Karch responded to Mr. Clowney's email today. Mr. Eliopoulos
stated it could be a real great program and hopes that the City will look into it. He stated
he is not sure if there are any costs associated with this or if he is actually bringing in
NFL players to help out and work on one of the City's fields.
Secondly, he asked about the towing contract. The City Manager stated
Brian Shutt, Assistant City Attorney, gave a very comprehensive response to that via
email. The City Manager stated it is a different corporate entity and what they are
hauling is construction equipment (i.e. tract vehicles that are not defined as vehicles
under the towing contract) and explains the definition of a vehicle.
13.C.3. Mr. McDuffie
Mr. McDuffie stated he attended the African Diaspora at the Convention
Center and noted that it was incredible, very well done, and the crowd size was
enormous. He stated one of the dance groups (Diamonds & Pearls) from Delray Beach
received one of the awards.
Secondly, he stated he too received some early information on the towing
issue and suggested that the Commission review this and see if there is some substance
there that may need to be researched.
Mr. McDuffie commented about Earth Hour 2009 and explained that this
is an hour around the globe on March 28, 2009 from 8:30 a.m. — 9:30 p.m. where
everyone turns off the lights. He suggested that this information be posted on the City's
website to inform the residents about it.
13.C.4. Mayor Ellis
Mayor Ellis stated this was a fairly light meeting and the Commission got
a lot accomplished.
There being no further business, Mayor Ellis declared the meeting
adjourned at 8:05 p.m.
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ATTEST:
City Clerk
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 March 3, 2009, which Minutes were formally approved and adopted by the City
Commission on March 17, 2009.
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.
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03/03/09
FORM SB MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Elio onios , GAly P Delray Beach City Ctm►miLssion
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORM DR COMMITTEE ON
205 George Bush Boulevard - WHICH I SERVE IS A UNIT OF:
CITY COUNTY )XITY ❑COUNTY 0 OTHER LOCAI_ AGENCY
Delray Beach, Florida 33445 Palm -Beach NAME OF POLITICAL SUBDIVISION:
City of Delray Beach.
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
3/3/2009 XK ELECTIVE 0 APPOINTIVE
WHO MUST FILE FORM $B - : •
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities 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 hold an elective or appointive position. For this reason, please pay close 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, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including 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 associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity_
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange),
x
ELECTED OFFICERS:
In addition 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 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 your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL 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 farm in the minutes. (Continued on other side)
CE FORM 813 - EFF.1/2000 PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly 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 disclose orally the nature of your conflict in the measure before participating_
• You must complete the form and file it within 15 days after 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 the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Gary P. Eliopoulos hereby disclose that on March 3, 2009
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
]M inured to the special gain or loss of my business associate Eliopoulos Archltett:ure„ Inc.
inured to the special gain or loss of my relative,
inured to the special gain or loss of , by
whom I am retained; or
inured to the special gain or loss of which
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:
3/312009
Date Filed 5ignatuie
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.31T, 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 813 - EFF. 1/2000 PAGE 2
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Eliopoulos, Cary P. Delray Beach City Commission.
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
205 George Bush Boulevard WHICH I SERVE IS A UNIT OF:
CITY COUNTY- CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY
Delray Beach, Florida 33445 Palm Beach NAME OF POLITICAL SUBDIVISION:
City of Delray Beac
DATE ON WHICH VOTE OCCURRED 3/3/2009 MY POSITION IS:
ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee, It applies equally to members of advisory and non- advisory bodies who are presented with a voting
conflict of interest under Section 112,3143, Florida Statutes.
Your responsibilities 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 hold an elective or appointive position. For this reason, please pay close 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, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including 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 associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, r.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or 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 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 -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 your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO iNFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL 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 side)
CE FORM 813 - EFF, 112000 -- 7-L c\. PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTFMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after 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 the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I Gary P. Eliopoulos hereby disclose that on March 3 , 20 09
(a) A measure came or Will come before my agency which (check one)
inured to my special private gain or loss;
XX inured to the special gain or loss of my business associate, Eliopoulos Architecture, luc..
inured to the special gain or loss of my relative,
,T,_„ inured to the special gain or loss of
whom 1 am retained; or
inured to the special 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;
.3/3/2009
Date Filed
M
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 813 - EFF. 1/2000 'AGE 2
FORM SB MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Eliopouloss Gary P. Delray Beach City Comutission
MAILING ADDRESS THE HOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
205 George Bush Boulevard, WHICH I SERVE Is A UNIT OF:
CITY COUNTY CITY L}COUNTY ❑ OTHER LOCAL AGENCY
Delray Beach, Florida 33+45 Palm Beach NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED aft aft `SDelra Beath
. 3/312009 MY POSITION IS:
7pt' ELECTIVE C] APPOINTIVE
WHO MUST FILE FORM SB
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities 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 hold an elective or appointive position. For this reason, please pay close 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, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting an a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including 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 associate. Commissioners of community redevelopment agencies under Sea 163.356 or
163.357, F-S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
x
ELECTED OFFICERS:
In addition 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•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 your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL 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 side)
CE FORM 88 - EFF. 112000 ` L PAGE 1
APPOINTED OFFICERS (cdntinued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at "the next meeting after the form is tiled.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING__
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recordind fheminutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is feted.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1, Gary P. Eliopoulos hereby disclose that on March 3
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
X%. inured to the special gain or loss of my business associate, Tel OPOUlos A:rch3te-ctureo Inc.
inured to the special gain or loss of my relative, .
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or ions 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:
3/3/2009
Date Filed
20 09
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. 112000 PAGE 2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
FINAL SUBDIVISION PLAT APPROVAL REQUEST
FOR THE FLORIDA BOULEVARD TOWNHOMES AT DELRAY BEACH PROJECT
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This final subdivision plat approval request came before the City
Commission on March 3, 2009.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the final subdivision plat approval
request for the Florida Boulevard Townhomes at Delray Beach project. All of the
evidence is a part of the record in this case. Required findings are made in accordance
with Subsection (A).
A. LDR REQUIREMENTS FOR FINAL SUBDIVISION PLAT APPROVAL:
LDR Section 3.1.1 Required Findings: Pursuant to Section 3.1.1 (attached as
Exhibit "A ") the requirements of this Section must be met for land development
applications
Does the final subdivision plat meet the requirements of Section 3.1.1?
Yes ✓ No
LDR Sect_ ion 3.2.3 Standards for Plat Actions: Pursuant to Section 3.2.3
(attached as Exhibit "B "), the requirements of this section must be met for plat
actions.
Does the finale subdivision plat meet the requirements of Section 3.2.3'
Yes ✓ No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements including, but not limited to, Sections 2.4.5(x) (Minor Subdivisions), 3.1.1
(Required Findings), and 3.2.3 (Standards for Site Plan and/or Plat Actions), and finds
1
CC Meeting from. March 3, 2009; Item 8.A.
that the LDRs are met and that the determinations set forth in this Order are consistent
with the Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves ✓
denies the final subdivision plat for the Florida Boulevard Townhomes at Delray
Beach project. The City Commission hereby adopts this Order this 3rd day of March,
2009, by a vote of 4 in favor and 0 opposed. If this item is on the consent
agenda and the consent agenda is approved, then the responses under Paragraphs
2(A) and 5 are deemed to be in the affirmative.
ATTEST:
Chevelle Nubin, City Cleric
K
R "is.
! Ellis, Mayor
CC Meeting from March 3, 2009; Item $.A.
EXHIBIT "A"
TO THE BOARD ORDER REGARDING THE
FINAL SUBDIVISION PLAT APPROVAL REQUEST FOR
THE DELRAY MARRIOTT RESIDENCE INN HOTEL COMPLEX
(A) Future Land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map.
(B) Concurrence: Concurrency as defined pursuant to Objective B -2 of the
Future Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs, including public schools, of the requested land use
and/or development application will not exceed the ability of the City and The School
District of Palm Beach County to fund and provide, or to require the provision of,
needed capital improvements in order to maintain the Levels of Service Standards
established in Table CI -GOP -1 of the adopted Comprehensive Plan of the City of Delray
Beach.
(C) Consistency: A finding of overall consistency may be made even though
the action will be in conflict with some individual performance standards contained
within Article 3.2, provided that the approving body specifically finds that the beneficial
aspects of the proposed project (hence compliance with some standards) outweighs the
negative impacts of identified points of conflict.
(D) Com lliance with LDRs: Whenever an item is identified elsewhere in
these Land Development Regulations (LDRs), it shall specifically be addressed by the
body taking final action on a land development application /request. Such items are
found in Section 2.4.5(J) and in special regulation portions of individual zoning district
regulations.
CC Meeting from March. 3, 2009; Item. 8.A.
EXHIBIT "B"
TO THE BOARD ORDER REGARDING THE
FINAL SUBDIVISION PLAT APPROVAL REQUEST FOR
THE DELRAY MARRIOTT RESIDENCE INN HOTEL COMPLEX
(A) Building design, landscaping, and lighting (glare) shall be such that they
do not create unwarranted distractions or blockage of visibility as it pertains to traffic
circulation.
(B) Separation of different forms of transportation shall be encouraged. This
includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found
under Objectives D -1 and D -2 of the Transportation Element.
(C) Open space enhancements as described in policies found under Objective
B -1, of the Open Space and Recreation Element are appropriately addressed.
(D) The City shall evaluate the effect that any street widening or traffic
circulation modification may have upon an existing neighborhood. If it is determined
that the widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
(E) Development of vacant land which is zoned for residential purposes shall
be planned in a manner which is consistent with adjacent development regardless of
zoning designations.
(F) Vacant property shall be developed in a manner so that the future use and
intensity are appropriate in terms of soil, topographic, and other applicable physical
considerations; complementary to adjacent land uses; and fulfills remaining land use
needs.
(G) Redevelopment and the development of new land shall result in the
provision of a variety of housing types which shall continue to accommodate the diverse
makeup of the City's demographic profile, and meet the housing needs identified in the
Housing Element. This shall be accomplished through the implementation of policies
under Objective B -2 of the Housing Element.
(H) The City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes
and circulation patterns shall be reviewed in terms of their potential to negatively impact
the safety, habitability and stability of residential areas. If it is determined that a
proposed development will result in a degradation of any neighborhood, the project shall
be modified accordingly or denied.
(1) Development shall not be approved if traffic associated with such
development would create a new high accident location, or exacerbate an existing
CC Meeting from March 3, 2009; Item $.A.
situation causing it to become a high accident location, without such development taking
actions to remedy the accident situation.
(,f) Tot lots and recreational areas, serving children from toddler to teens,
shall be a feature of all new housing developments as part of the design to
accommodate households having a range of ages. This requirement may be waived or
modified for residential developments located in the downtown area, and for infll
projects having fewer than 25 units.
K
CC Meeting from March 3, 2009; Item 8.A.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
FINAL SUBDIVISION PLAT AND WAIVER
APPROVAL REQUESTS FOR 200 MARINE WAY
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This final subdivision plat and waiver approval requests came before the
City Commission on March 3, 2009.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the final subdivision plat and waiver
approval requests for the 200 Marine Way. All of the evidence is a part of the record in
this case. Required findings are made in accordance with Subsections I and II.
I. LDR REQUIREMENTS FOR FINAL SUBDIVISION PLAT APPROVAL:
LDR Section 3.1.1 Rewired Findings: Pursuant to Section 3.1.1 (attached as
Exhibit "A ") the requirements of this Section must be met for land development
applications
Does the final subdivision plat meet the requirements of Section 3.1.1?
Yes 3 No 0
LDR Section 3.2.3 Standards for Plat Actions: Pursuant to Section 3.2.3
(attached as Exhibit "B "), the requirements of this section must be met for plat
actions.
Does the final subdivision plat meet the requirements of Section 3.2.3?
Yes 3 No 0
II. LDR REQUIREMENTS FOR WAIVERS:
(a) Waivers: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver,
the approving body shall make a finding that the granting of the waiver:
(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
1
CC Meeting from March 3, 2009; Item 9.A.
(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.
(b) Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1,
1990 shall meet the minimum requirements established by Chapter 4, unless the City
Commission declares at the time of approval of an associated development application,
that it is necessary and appropriate to create such nonconformity. The required
minimums versus actual lot sizes of the proposed lots are listed bellow:
Lot Size (Square Feet) Lot Width Lot Depth Lot Frontage
Minimum Required 9,500 75' 100' 75'
Proposed Lot 1 13,135 75.32' 175.13' 75.16'
Proposed Lot 2 12,335 63.37' 194.79' 24.00'
Should the waiver to reduce the lot width of Lot 2 be granted?
Yes _3 No 0
Should the waiver to reduce the lot frontage of Lot 2 be granted?
Yes 3 No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements including, but not limited to, Sections 2.4.5(x) (Minor Subdivisions),
2.4.7(13)(5) (Waivers), 3.1.1 (Required Findings), 3.2.3 (Standards for Site Plan and/or
Plat Actions), and 4.3.1(D) (Lot Size) and finds that the LDRs are met and that the
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 V
denies the final subdivision plat and waivers for 200 Marine Way. The City
2
CC Meeting from March 3, 2009; .Item 9.A.
Commission hereby adopts this Order this 3rd day of March, 2009, by a vote of 3
in favor and 0 opposed.
ATTEST:
CN
Chevelle Nubin, City Clerk Rita Ellis, Nayor
3
CC Meeting from March 3, 2009; Item 9,A.
EXHIBIT "A"
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
FINAL SUBDIVISION PLAT AND WAIVER
APPROVAL REQUESTS FOR 200 MARINE WAY
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
(A) Future Land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map.
(B) Concurrenc : Concurrency as defined pursuant to Objective B -2 of the
Future Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs, including public schools, of the requested land use
and/or development application will not exceed the ability of the City and The School
District of Palm Beach County to fund and provide, or to require the provision of,
needed capital improvements in order to maintain the Levels of Service Standards
established in Table CI -GOP -1 of the adopted Comprehensive Plan of the City of Delray
Beach.
(C) Consistency: A finding of overall consistency may be made even though
the action will be in conflict with some individual performance standards contained
within Article 3.2, provided that the approving body specifically finds that the beneficial
aspects of the proposed project (hence compliance with some standards) outweighs the
negative impacts of identified points of conflict.
(D) Compliance with - ,LDRs: Whenever an item is identified elsewhere in
these Land Development Regulations (LDRs), it shall specifically be addressed by the
body taking final action on a land development application /request. Such items are
found in Section 2.4.5(J) and in special regulation portions of individual zoning district
regulations.
CC Meeting from March 3, 2009; Item 9.A.
EXHIBIT "B"
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
FINAL SUBDIVISION PLAT AND WAIVER
APPROVAL REQUESTS FOR 200 MARINE WAY
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
(A) Building design, landscaping, and lighting (glare) shall be such that they
do not create unwarranted distractions or blockage of visibility as it pertains to traffic
circulation.
(B) Separation of different forms of transportation shall be encouraged. This
includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found
under Objectives D -1 and D -2 of the Transportation Element.
(C) Open space enhancements as described in policies found under Objective
B -1, of the Open Space and Recreation Element are appropriately addressed.
(D) The City shall evaluate the effect that any street widening or traffic
circulation modification may have upon an existing neighborhood. If it is determined
that the widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
(E) Development of vacant land which is zoned for residential purposes shall
be planned in a manner which is consistent with adjacent development regardless of
zoning designations.
(F) Vacant property shall be developed in a manner so that the future use and
Intensity are appropriate in terms of soil, topographic, and other applicable physical
considerations; complementary to adjacent land uses;, and fulfills remaining land use
needs.
(G) Redevelopment and the development of new land shall result in the
provision of a variety of housing types which shall continue to accommodate the diverse
makeup of the City's demographic profile, and meet the housing needs identified in the
Housing Element. This shall be accomplished through the implementation of policies
under Objective B -2 of the Housing Element.
CC Meeting from March. 3, 2 009; Item 9.A.
(H) The City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes
and circulation patterns shall be reviewed in terms of their potential to negatively impact
the safety, habitability and stability of residential areas. If it is determined that a
proposed development will result in a degradation of any neighborhood, the project shall
be modified accordingly or denied.
(l) Development shall not be approved if traffic associated with such
development would create a new high accident location, or exacerbate an existing
situation causing it to become a high accident location, without such development taking
actions to remedy the accident situation.
W Tot lots and recreational areas, serving children from toddler to teens,
shall be a feature of all new housing developments as part of the design to
accommodate households having a range of ages. This requirement may be waived or
modified for residential developments located in the downtown area, and for infill
projects having fewer than 25 units.
2
CC Meeting from March 3, 2009; Item 9.A.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
FINAL SUBDIVISION PLAT APPROVAL REQUEST
FOR THE DELRAY MARRIOTT RESIDENCE INN HOTEL COMPLEX
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This final subdivision plat approval request came before the City
Commission on March 3, 2009.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the final subdivision plat approval
request for the Delray Marriott Residence Inn hotel complex. All of the evidence is a
part of the record in this case. Required findings are made in accordance with
Subsection (A).
A. LDR REQUIREMENTS FOR FINAL SUBDIVISION PLAT APPROVAL:
LDR Section 3.1.1 Required Findings: Pursuant to Section 3.1.1 (attached. as
Exhibit "Al the requirements of this Section must be met for land development
applications
Does the final subdivision plat meet the requirements of Section 3.1.1?
Yes 3 No 0
LDR Section 3.2.3 Standards for Plat Actions: Pursuant to Section 3.2.3
(attached as Exhibit "B "), the requirements of this section must be met for plat
actions.
Does the final subdivision plat meet the requirements of Section 3.2.3?
Yes 3 No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements including, but not limited to, Sections 2.4.5(K) (Minor Subdivisions), 3.1.1
(Required Findings), and 3.2.3 (Standards for Site Plan and/or Plat Actions), and finds
1
CC Meeting from March 3, 2009, .Item 9.B.
that the LDRs are met and that the determinations set forth in this Order are consistent
with the Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves
denies the final subdivision plat for the Delray Marriott Residence Inn hotel
complex. The City Commission hereby adopts this Order this 3rd day of March, 2009,
by a vote of 3 in favor and- 0 opposed. If this item is on the consent agenda
and the consent agenda is approved, then the responses under Paragraphs 2(A) and 5
are deemed to be in the affirmative,
ATTEST:
Chevelle Nubin, City Clerk Rita Ellis, Mayor
2
CC Meeting from March 3, 2009; Item 9.B.
EXHIBIT "A"
TO THE BOARD ORDER REGARDING THE
FINAL SUBDIVISION PLAT APPROVAL REQUEST FOR
THE DELRAY MARRIOTT RESIDENCE INN HOTEL COMPLEX
(A) Future Land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map.
(B) Concurrence: Concurrency as defined pursuant to Objective B -2 of the
Future Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs, including public schools, of the requested land use
and/or development application will not exceed the ability of the City and The School
District of Palm Beach County to fund and provide, or to require the provision of,
needed capital improvements in order to maintain the Levels of Service Standards
established in Table CI -GOP -1 of the adopted Comprehensive Plan of the City of Delray
Beach.
(C) Consistency: A finding of overall consistency may be made even though
the action will be in conflict with some individual performance standards contained
within Article 3.2, provided that the approving body specifically finds that the beneficial
aspects of the proposed project (hence compliance with some standards) outweighs the
negative impacts of identified points of conflict.
(D) Compliance with LDRs: Whenever an item is identified elsewhere in
these Land Development Regulations (LDRs), it shall specifically be addressed by the
body taking final action on a land development application /request. Such items are
found in Section 2.4.5(J) and in special regulation portions of individual zoning district
regulations.
CC Meeting from March 3, 2009; Item 9.B.
EXHIBIT "B"
TO THE BOARD ORDER REGARDING THE
FINAL SUBDIVISION PLAT APPROVAL REQUEST FOR
THE DELRAY MARRIOTT RESIDENCE INN HOTEL COMPLEX
(A) Building design, landscaping, and lighting (glare) shall be such that they
do not create unwarranted distractions or blockage of visibility as it pertains to traffic
circulation.
(B) Separation of different forms of transportation shall be encouraged. This
includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found
under Objectives D -1 and D -2 of the Transportation Element.
(C) Open space enhancements as described in policies found under Objective
BM1, of the Open Space and Recreation Element are appropriately addressed.
(D) The City shall evaluate the effect that any street widening or traffic
circulation modification may have upon an existing neighborhood. If it is determined
that the widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
(E) Development of vacant land which is zoned for residential purposes shall
be planned in a manner which is consistent with adjacent development regardless of
zoning designations.
(F) Vacant property shall be developed in a manner so that the future use and
intensity are appropriate in terms of soil, topographic, and other applicable physical
considerations; complementary to adjacent land uses; and fulfills remaining land use
needs.
(G) Redevelopment and the development of new land shall result in the
provision of a variety of housing types which shall continue to accommodate the diverse
makeup of the City's demographic profile, and meet the housing needs identified in the
Housing Element. This shall be accomplished through the implementation of policies
under Objective B -2 of the Housing Element.
(H) The City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes
and circulation patterns shall be reviewed in terms of their potential to negatively impact
the safety, habitability and stability of residential areas. If it is determined that a
proposed development will result in a degradation of any neighborhood, the project shall
be modified accordingly or denied.
(1) Development shall not be approved if traffic associated with such
development would create a new high accident location, or exacerbate an existing
CC Meeting from March 3, 2009; Item 9.B.
A
situation causing it to become a high accident location, without such development taking
actions to remedy the accident situation.
{J} Tot lots and recreational areas, serving children from toddler to teens,
shall be a feature of all new housing developments as part of the design to
accommodate households having a range of ages. This requirement may be waived or
modified for residential developments located in the downtown area, and for infill
projects having fewer than 25 units.
2
CC Meeting from March 3, 2009; .Item 9.B.
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