07-07-09 Regular Meeting MinutesJULY 7, 2009
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at
6:00 p.m., Tuesday, July 7, 2009.
1. Roll call showed:
Present - Commissioner Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Adam Frankel
Commissioner Mackenson Bernard
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Doug Smith, Assistant City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Dr. Gary Guerrier, Pastor with First Baptist
Church.
3. The Pledge of Allegiance to the flag of the United States of America was given.
4. AGENDA APPROVAL.
Mr. Eliopoulos requested that Item 8.N.3., Purchase Award/ Camalucci Signs
of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. and that Item 8.A.,
Service Authorization No. 03-04/Kim1eY-Horn Associates of the Consent Agenda be moved to
the Regular Agenda as Item 9.A.A.A.
Mayor McDuffie stated there is additional information for Item 9.D., Interlocal
~reement/Town of Gulf Stream/Fire-Rescue.
Mr. Frankel moved to approve the Agenda as amended, seconded by Mr. Bernard.
Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr.
Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0
vote.
5. APPROVAL OF MINUTES:
Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of June 2,
2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Frankel -
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Yes; Mr. Bernard -Yes; Mayor McDuffie -- Yes;l~rlr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said
motion passed with a 5 to 0 vote.
Mr. Fetzer moved to approve the Minutes of the SpeciaUWorkshop Meeting of
Tune 9, 2009, seconded by Mr. Frankel. TJpon roll call the Commission voted as follows. Ivlr.
Bernard -Yes; Mayor McDuff e -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -
Yes. Said motion passed with a 5 to 4 vote.
6. PROCLAMATIONS:
A. None
7. PRESENTATIONS:
7,A, Life Saving Award Presentation reco#~nizing and coxnmendin~ Luca Carucci,
David D' Eugenia and Paramedic Brian Pallack
Division Chief Williams, Fire-Rescue Department, stated on Tune 15, 2009, a
motorist ran over a street sign while leaving a doctor's office, and a fire had ignited. The
motorist continued to drive into oncoming traffic on Linton Boulevard. Finally the car came to a
complete stop and burst into flames. Mr. Williams stated the lady who was trapped is Mrs. Katz.
He stated two nearby motorists Mr. Carucci and Mr. D'Eugenia stopped and realized that
someone was still inside the car. Division Chief Williams stated since all the doors were locked
these two individuals sprang into action by smashing out the window and pulled her out of the
car to safety. Mrs. Katz is alive today because of these heroes.
DIVIS1on Chief Williams stated off-duty Delray Beach Fire-Rescue Paramedic
Brian Pallack was also driving in the vicinity and immediately took action.
Division Chief Williams presented a Life Saving Award to Mr. Luca Carucci,
Mr. David E'Eugenia and Paramedic Brian Pollack far their outstanding efforts to save a life.
7.B. Senator Chris Smith - Legislative Update
Senatar Chris Smith was not able to attend.
8, CONSENT AGENDA: City Manager Recommends Approval.
8.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGEI~TDA AS
ITEM 9,A.A.A.
8.B. AMENDI4HNT NO. lIIFZORIDA PUBLIC UTILITIES COMP.~-NY
HURRICANE DISASTER AGREEMENT; Approve Amendment No. l to the Hurricane
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Disaster Agreement between the City of Delray Beach and Florida Public Utilities Company
regarding procedures to be followed in the event of hurricane disaster.
B.C, LANDSCAPE MAINTENANCE AGREEIV~ENT/PINEAPPLE GROVE
CORPORATE CENTER: Approve and accept a Landscape Maintenance Agreement for
landscaping within the right-of-way of N.E. 3T~ Avenue located at 101. N.E. 2"a Avenue at the
Pineapple Grove Corporate Center (a!kla Creations Office Building).
B.D. PROJECT AGREEMENTIFLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTIONICLEAN VESSEL ACT GRANT PROGRAM:
Approve a Project Agreement between Florida Department of Environmental Protection and the
City of Delray Beach far the Clean Vessel Act Grant Program for the purchase and installation of
a pumpout system with sewer connection located at the Municipal Marina. Funding is available
from 426-4311-575-64.90 (City Marina FundlOther MachinerytEquipment).
B.E. COMMUNITY DEVELOPMENT BLOCK GI~:ANTIHOUSING
REIIABILITATION GRANTS: Approve two (2) Housing Rehabilitation grant awards to the
lowest responsive bidder for the following projects: 318 Washington Avenue to IQ Construction,
Inc., in the amount of $17,812.89 and 123 N.W. 6th Avenue to CT Contracting, LLC., in ~ the
amount of $38,422.86; and waive the Neighborhood Services Division's approved Policies and
Procedures that limits bid awards to be within 10% of the in-house estimate and waives the
$37,000.00 maximum grant award established for housing rehabilitation under the Community
Block Grant Program. Funding is available from 118-1963-554-49.19 (Neighborhood
ServiceslOther Current ChargeslHousing Rehabilitation}.
B.F. RESOLUTION NO. 28-091i~yIAINTENANCE MEMORANDUM OF
AGREEMENT/FLORIDA DEPARTI4I.ENT OF TRANSPORTATION (FOOT): Approve
Resolution No. 28-09 authorizing the Mayor to execute Amendment No. 1 to the Maintenance
Memorandum of Agreement dated February 24, 2004 with the Florida Department of
Transportation {FOOT) for additional landscape andlor hardscape improvements within the
right-of way of State Road 5.
The caption of Resolution No. 28-09 is as follows:
A F~ESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, APPROVING
AMENDMENT ONE {1} TO THE MAINTENANCE
MEMORANDUM OF AGREEMENT DATED FEBRUARY' 24,
2004 FOR ADDITIONAL LANDSCAPE AND/OR
PI.A:RDSCA,PE ISvIPROVEMENTS WITHIN THE RIGHT-OF-
WAY OF STATE ROAD 5 AND AUTHORIZING THE
EXECUTION OF THE AGREEMENT.
(The official copy of Resolution No. 28-09 is on file in the City Clerk's office.)
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B.G. _NEIGHBORHOOD STABILIZATION PROGRAM 2 (NSPZ}
APPLICATION SUBMITTAL: Authorize staff to submit an application through the
competitive process for funding under the Neighborhood Stabilization Program 2 (NSP2~, under
the American Recovery and Reinvestment Act (AdtRA) 2009. Staff is proposing to apply under
the Delray BeachlBoynton Beach Consortium for a funding allocation in the amount of
$20,000,404.00.
B.H. GRANT APPLICATIONIEDWARD BYR.NE MEMORIAL J[JSTICE
ASSISTANCE GA:A,NT {JAG) FOR FY 2009: Authorize staff to submit an application for
funding in the amount of $70,375.04 through the U.S. Department of Justice's Edward Byrne
Memorial Justice Assistance Grant {JAG) Program's 2009 local solicitation (CFDA# 1b.738) to
support the salary of an officer to staff the Department's Criminal Justice Academy at Atlantic
High School.
B.I. AMENDMENT TO THE RATE AGREEMENTIFA,MILY CENT,
INC.: Approve an Amendment to the Rate Agreement between Family Central Inc., and the
City of Delray Beach to extend the term through and including September 3q, 2009.
8_J. SPECIAL EVENT REQUESTISPADY LIVING HERITAGE DAY: Approve
a special event request to endorse the 4t Annual Spady Heritage Day to be held on August 22,
2009 from lq:g4 a.m. to 14:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6(F)
for the closure of N.W. 5~' Avenue from Martin Luther King, Jr. Boulevard to N.W. lst Street; to
authorize staff support for security, clean up, barricading, City generator use, set up and use of
the large mobile stage, and event signage; contingent upon the receipt of a hold harmless
agreement ten (10) days prior to the event.
S.K. SPECIAL EVENT REQUESTIIY[USICFEST (~, THE PAVILION: Approve a
special event request for MusicFest @ the Pavilion to be held an July 31, 2049 from 7:04 p.m. to
11:04 p.m., on the grounds of Old School Square; and authorize staff support far traffic control
and security, event signage, clean up, barricading and Fire inspection services; contingent upon
receipt of a certificate of event and liquor liability insurance.
B.L. SPECIAL EVENT REQI.TESTIHAITIAN CULTURAL FESTIVAL:
Approve a special event request to allow the Annual Haitian Cultural Festival to be held on
September 12, 2449 from 3:00 p.m. until 11:00 p.m. on the grounds of Old School Square; and
authorize staff support for traffic control and security, event signage, and Fire inspection
services; contingent upon receipt of a certificate of liability insurance and hold harmless
agreement by September 1, 2009; and contingent on obtaining a Health Department inspection.
B.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period June 15,
2449 through July 2, 2049.
B.N. AWAi2D OF BIDS AND CONTRACTS:
1. Bid award to BSA Corporation in the amount of $77,947.00 for
renovations to the Community Center Locker Rooms which includes the
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base bid plus alternates A, B and C. Funding is available from 334-4125-
5'72-46.10 {General Construction FundlRepair & Maintenance
ServiceslBuilding Maintenance).
2. Contract award to Technical Inspections, Inc. in the amount of $82,285.00
for the rehabilitation of Lift Station No. 1 as part of an annual program for
Wet Well Rehabilitation of building Lift Stations. Funding is available
from 442-51'78-53b-68.53 {Water & Sewer Renewal & Replacement
Fund/Improvements Other/Wet Well Rehabilitation Building LS).
3. THIS ITEM HAS BEEN MOVED TO TlE[E IECEGULAR AGENDA
AS ITEM 9.A.A.
4. Purchase award to Club Car in the amount of $131,420.00 for the purchase
of 82 Club Car DS model golf carts for the Municipal Golf Course.
Funding is available through a lease purchase, which will be bid at a future
date.
Nlr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by
Mr. Bernard, Upon roll call the Commission voted as follows; Mayor McDuffie -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -- Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed
with a 5 to 0 vote.
9. 1ELEGULAR AGENDA:
9.A.A. PURCHASE AWARD TO CAMALUCCI SIGNS IN THE AIYIOUNT OF
$28,526.00 FOR TWO (2) ILLUMINATED DI~tECTIONAL SIGNS TO BE
PREFABRICATED AND INSTALLED FOR DIRECTING TRAFFIC TO THE
ENTRANCE TO THE OLD SCHOOL SQUARE GARAGE. FUNDING IS AVAILABLE
FROM 334-3162-541-63.90 (GENERAL CONSTRUCTION FLTNDIIMPROVEMENT
OTHER THAN BLrILDINGS/OTHER IMPROVEMENTSI
Richard Hasko, Director of Environmental Services, stated this is a request for
approval of two directional signs for the 41d School Square Garage. He stated this is the signage
the Commission saw about a month or two ago at a Workshop Meeting. The Commission had
continents and staff made some minor revisions. Mr. Hasko stated this is the formal proposal for
the prefabrication and installation of those signs. He stated the signs are going to be lit with
directional arrows pointing to the entrance of the garage; one is proposed at the intersection of
Pineapple Grove Way and N.E. 1ST Street southwest corner) and the other one is proposed at
N.E. 1~` Street and N.E. ls` Avenue to direct people coming from the south and the east to the
access point to the garage.
Mr. Eliopoulos moved to approve Item 9.A.A. (formerly Item 8.N.3.), seconded
by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Nlr,
Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion
passed with a 5 to 0 vote.
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9.A.A.A. SERVICE AITTHtJRIZATION NU. 03-041lKIMLEY HiJRN ASSOCIATES:
Approve Service Authorization No, 03-04 in the amount of $33,000.40 to ~:imley-Horn
Associates for preparation of a waste relocation plan, combustible gas evaluation and final
summary report for the relocation of landfill debris within the footprint of the farmer landfill
site within Miller Park. Funding is available from 334-4173-572-63.90 (General Construction
Fund/Improvements Other/Other Improvements).
Richard Hasko, Director of Environmental Services, stated last month the City
Commission approved a $99,000.00 contract addition which was the first half of the rest of the
debris issue at Miller Park. At that point, Mr, Hasko stated he informed the Commission of how
we got there in terms of our ability to relocate this debris on site within the footprint of the
existing former landfill. He stated one of the requirements was a series of reporting, sampling,
and testing and monitoring that would have to be written into a report form and submitted to the
Florida Department of Environmental Protection (FDEP} post construction. Mr. Hasko stated
the $33,000.00 was attached for the Commission's information and staff was hoping to reduce
this amount in terms of how they were going to deal with the issue of combustible gases. He
stated the consultant advised that in their experience that was one of the primary portions of the
report that they were going to be looking for.
Mayor McI}uffie asked if staff is encountering any combustible gases. In
response, ~?ir. Hasko stated staff is pretty confident that we are not going to encounter any
combustible gases. He stated there is a process that staff has tc~ go through which includes some
monitoring, etc, particularly around the buildings for those types of gases that FDEP is going to
want to see in the post construction report.
Mr. Eliopoulos ask if the Commission is going to see Mr, Hasko again on this
project. In response, Mr, Hasko stated the Commission will probably see Mr. Hasko again
regarding this project because staff still has a lot of construction to do; however, he does not
believe that he will be back before the Commission regarding the debris issue. However, in the
process of doing that the City has well exceeded the threshold beneath which either he or the
City Manager can approve anything. 11?1r, Hasko stated there is some contingency money left in
the contract. Mr. Eliopoulos encouraged Mr. Hasko to try and work within his means and
hopefully not have to come back before the Commission regarding this project. Mr. Eliopoulos
stated he realizes there have been some unforeseen conditions underground. Mr. Hasko stated
staff will probably run into same issues with underground electric in terms of the depth. He
stated anything that staff does they have to came back to the Commission with it. Mr.
Eliopoulos asked if there is a reason why all of sudden we are Winning into something like this
with regard to the underground electric. 11?[r. Hasko stated this is typical on a project like this,
He stated staff is talking to FPL and the contractor now has to do the saver on a particular
distribution service line which you would typically not pothole that. 11?lr. Hasko stated what is
causing it, is the finished grade is a cut section sa it has to be lowered; by either lowering it or
concrete encasing it and there will be a cost associated with that,
Mayor McDuffie stated hopefully we will remain within contract and within
budget.
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Mr, Eliopoulos moved to approve Item 9.A,A,A, {formerly Item B,A,), seconded
by Mr. Frankel. Upon mll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel
- Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed
with a 5 to 0 vote.
9,A, WAIVER 1~CEQUEST/WEST ATLANTIC PUBLIC PLAZA: Consider a
request for waiver of Land Development Regulations {LDR) Section 4.6.14{A}{2), "Visibility at
Intersections," which requires a 40-foot visibility triangle at the intersection of two {2} public
rights-of--way. The property is located at the southwest corner of West Atlantic Avenue and
S. W. 5~' Avenue, (~uu~i-Judicial Hearing}
Mayor McDuffie read into the record the City of Delray Beach procedures for a
Quasi-Judicial Hearing far this item and all subsequent Quasi-Judicial Hearings,
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give
testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex pane
communications, The Commission had no ex pane communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2009-169.
Mr. Dorling stated this is a consideration of a waiver to the LDR Section
4,6.14{A}{2) associated with a Class V site plan approval for West Atlantic Public Plaza. The
property is a 0.228 acre site, C}n June 24, 21109, the Site Plan Review and Appearance Board
{SPR:AB) approved the Class V site plan application which included the construction of a raised
concrete platform with a shade sail structure, decorative paver blocks, aluminum picket fence,
optional trellis, two °°future" public art locations, and associated landscaping. The required
findings of LDR Section 2.4.7{B){5) are made and the rationale includes the fact that this is a
signalized intersection. If and when a car is sitting at this signalized intersection, by virtue of its
location, should have 40 feet of visibility but by the LDR requirements and the way it is
measured, it technically does not meet it and thus the reason for the waiver request.
At its meeting of June 24, 2009, the Site Plan Review and Appearance Board
{SPRY) approved the Class V site plan application for the West Atlantic Public Plaza
development.
Mayor McDuffie stated if anyone from the public would like to speak in favor or
in opposition of the waiver zequest, to please come forward at this time.
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).
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Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -
Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with
a 5 to 0 vote.
9.B. CHANGE ORDER NO. 4/WEST CONSTRUCTION INC./MILLER PARK
IMPROVEMENTS: Consider approval of Change Order No. 4 in the amount of $95,069.04 to
West Construction, Inc., for the excavation required to bury the unsuitable materials onsite; to
include compaction and placement of the unsuitable materials for the Miller Park Improvements.
Funding is available from 334-4173-572-63.90 (General Construction/Miller Park/Other
Improvements).
Richard Hasko, Director of Environmental Services, stated this is the rest of the
costs involved with the debris handling at Miller Park for the debris that was excavated and has
to be excavated from the building pads from the supplemental trench work for Water and Sewer
that staff is going to relocate onsite. Mr. Hasko stated staff is getting some additional boring
work done in the outfield areas of a couple of the fields towards the railroad tracks on the east
side where prior investigations have shown minimal debris and contamination. He stated this
cost is involved with excavating that and burying the debris, compacting it, and then covering
that up which is a little over $95,000.00.
Mr. Eliopoulos asked how much staff is over budget. Mr. Hasko stated from day
one with the original approval for debris handling including the $33,000.00 discussed earlier, the
total cost of dealing with this debris issue has been around $390,000.00. Mr. Eliopoulos stated
when staff knew that this was a previous dumping site; to actually lock on to what would be
accurate borings, would have been more like a grid system that would have been done across the
entire site and asked whether or not that was ever discussed. Mr. Hasko stated it was an option
that was discussed briefly and noted that they would have been looking at a grid pattern set of
borings probably 50 foot centers over the entire site would have been a six figure geo-tech
contract. Mr. Hasko stated based on the information that they have had and the historical
information which was sketchy along with some institutional information from employees who
were familiar with the park and had dealt with some issues out there years ago, with some of
these things that have come to the surface and in looking at the pre-construction borings that staff
did do, they did not feel it was cost effective based on the information that they had (per the
recommendation of the consultant which staff agreed with). Mr. Hasko stated staff did not think
they were going to encounter anywhere near this type of material particularly for what they were
doing. He reiterated that staff did not envision encountering anywhere near this magnitude just
based on the information that they had.
Mr. Bernard moved to approve Change Order No. 4 in the amount of $95,069.04
to West Construction, Inc., seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes;
Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote.
9.C. CONSULTING SERVICE AUTHORIZATION/CURRIE SOWARDS
AGUILA ARCHITECTS/FIRE STATION N0.3: Consider approval of a Consulting Service
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Authorization to Currie Sowards Aguila Architects in the amount of $25,000.00 for design
activities adequate to accommodate the City's application for a Fire Station Construction Grant
{SCG) under the American Recovery and Reinvestment Act {ARRA) for the reconstruction of
Fire Station No. 3. Funding is available from 334-2311-522-31.30 {General Construction
Fund/Professional Services/Engineering/Architect).
Richard Hasko, Director of Environmental Services, stated this is a request for
approval of a service authorization of $25,000.00 for the first phase of consulting work far the
replacement of Fire Statian #3 which is the oldest remaining station in the City. Mr. Hasko
stated it has had a history of problems and issues due to the age and condition of the structure
having to do with roof leaks, mold, and rodents. He stated in te~rrr~s of Fire-Rescue's ability to
house the facilities and the personnel for the types of services that they provide in the 215`
centlxry are very limited for the existing station. Mr. Hasko stated the Fire-Rescue Department
has identified a competitive grant program under the American Recavery and Reinvestment Act
{ARRA) that will award up to $15 million far a single award far Fire Station
replacementlrehabilitationlconstruction, etc. Mr, Hasko stated the award of the grant is nat
expected to be announced until between September and December. He stated ante the award is
announced staff has to deal with the shovel ready aspect of the project and wauld have to start
now to get some level of consulting and engineering done. Mr. Hasko stated in order to position
ouzselves to do that we really need to start now to get some consulting and engineering done and
one of the ways of rninirnizing that time and also giving Fire-Rescue a facility that they really
like was to take the footprint far the structure that Jose designed for Fire Statian #4 and see if it
would fit on the property where Fire Station #3 now sits. He stated staff found that the footprint
of that building will fit and the site plan essentially works on the Station #3 site with the
exception that it is a little bit narrower than the Fire Station #4 site so they do not get the by-pass
lane around the three fire bays that they have on Fire Station #4. Mr. Hasko stated Fire-Rescue
is fine with that and potentially at some paint in time in the future if the adjacent vacant parcel
becomes available the City may be able to acquire a piece of that property to attach then that
could be added but it not necessary for the appropriate operation of the station. Mr. Hasko stated
the $25,000.00 was a safe risk in terms of the ability to potentially get grant money that would
pay for a three or sa million dollar fire station replacement.
11?ir. Eliopaulos stated he is not in support of moving Fire Station #4.
Mr. Bernard asked if there is a timeframe in terns of doing improvements to Fire
Station #3. The City Manager stated we need to take a more comprehensive look at that in view
of the problems that they are having. He stated within the next year ar two the City is going to
have to invest same money in Fire Station #3. The City Manager stated this is really a question
if the Commission would like to spend $25,000.00 in order to see if they can get a stimulus
package to replace the entire station or not. The City Manager stated Fire Statian #3 will have to
be replaced sometime in the future or spend a significant amount of money to solve the problems
with the existing building. Mayor McDuffie inquired about the approximate age of Fire Station
#3. It was noted that the approximate age of Fire Station #3 is 38 years.
Mr. Frankel moved to approve the Consulting Service Authorization to Currie
Sowards Aguila Architects in the amount of $25,000.00, seconded by Mr. Bernard. Upon roll
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call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos - No; Mr. Fetzer
- No; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 2 vote,
Commission Eliopoulos and Commissioner Fetzer dissenting.
9.D. INTERLOCAL AGREEMENT/TOWN OF GULF STREAM/FIRE-
RESCUE SERVICES: Consider approval of an Interlocal Agreement with the Town of Gulf
Stream for Fire-Rescue Services.
The City Manager stated the City of Delray Beach has provided fire-rescue
services to the Town of Gulf Stream since 1983 and the current agreement was approved in 1999
and will expire on September 30, 2009. He stated the City has prepared a successor agreement
using the same methodology as the current agreement which is the City's per capita cost
multiplied by Gulf Stream's population. The City Manager stated the Fire-Rescue Department
and the Commission raised a valid concern that the cost the City was using did not incorporate
the City's investment in Fire Station facilities and some of the City's capital equipment. He
stated as an alternative staff has proposed an agreement with a 25% surcharge following the
model and State Statutes for the utilities so the initial base charge for this proposed agreement is
$286,250.00 and is an increase of about 80% above the current year of $159,080.00. The City
Manager recommends approval of the agreement with a 25% surcharge.
Mr. Fetzer stated he has struggled with the rationale that the 25% surcharge under
State Statutes has been in place for other utilities. He feels this is a reasonable proposal and
supports it.
Mr. Eliopoulos stated this is fair and reasonable.
Mr. Frankel agrees that we have to be fair; however, the new price of $286,250.00
with the Gulf Stream population of 716 gives a per capita cost of $399,079. He briefly discussed
the information that was provided at the Workshop Meeting and stated it is over $200.00 less per
capita than any other locale. Mr. Frankel stated the City is struggling with the budget and feels it
is important to be fair with our neighbors; however, he still thinks that on a long-term contract it
is low. The City Manager stated it is not less than any other locale. The City Manager stated
Hillsboro Beach is actually lower than the City's initial proposal and Hillsboro Beach is served
by Deerfield. The City Manager stated each one of those situations is different in terms of
response time and the location of stations and what we have in our relationship with Gulf
Stream. The City Manager stated with Manalapan and South Palm Beach, they have a contract
with Palm Beach County to man a station that is located in Manalapan that serves both
communities and the contract provides that they pay either the cost of the station or the County's
fire millage whichever is less. He stated in this case we do not have a station in Gulf Stream but
we do in Highland Beach so they are being served from an existing station. Mr. Frankel
expressed concern that it is being serviced by Fire Station #2 which is not fully staffed. The City
Manager stated this is a decision that the Commission will make as they go through the budget
process and expects that staff will make some proposals for increasing the staffing there. The
City Manager stated the budget figures so far do not include this increase.
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Mayor McDuffie stated this is a tough decision and feels the information brought
to the Camxnission by the Fire-Rescue Department has been very valuable in making a decision.
Mayor McDuffie concurred with Commissioner Fetzer that we have something that we can
substantiate by law that is normal in regular business for any other municipality providing
outside services to someone which is a 25°lo increase above what we are doing. He stated this
raises Gulf Stream's bill to the City dramatically {80°lo aver what the City was asking for last
year}. Mayor McDuffie stated this is fair and equitable and is something that we can justify
based upon law and he supports it.
Ztilr. Fetzer moved to approve the Interlocal Agreement with the Town of Gulf
Stream for Fire-Rescue services, seconded by Mr. Eliopoulos. Upon roll call the Commission
voted as follows. 1tirlr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - No; Mr. Bernard -
Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 1 vote, Commissioner Frankel
dissenting.
At this point, William F. Kach, Mayar of Gulf Stream, thanked the City
Con~nissian for considering Gulf Stream's problems. Mr. Koch stated Gulf Stream has been a
good neighbor and they da not compete with any of the stores i.n the community and they spend
their money there. He stated per capita the people in Gulf Stream contribute more to the
charities and special things that Delray has probably mare than the people in Delray do. Mayar
Kach stated Gulf Stream has always felt that they have been abrother/sister community and this
arrangement they have had far years. Mr. Kach thanked the Cominissian for considering
keeping the doors between the two communities open.
9.E. REQUIREMENT TO CHANGE BUDGET HEARING DATES: Consider
approval to change the first budget public hearing date, currently scheduled far September 8,
2009, to September 10, 2009.
The City Manager stated there is a problem with the budget public hearing date
scheduled far Tuesday, September 8, 2009. He stated Palm Beach County is holding its budget
hearing on September 8, 2009 and the Schaal Board is holding its budget hearing on Wednesday,
September 9, 2009. By law, the City of Delray Beach cannot bald a budget hearing an the same
date as the County or the School Board. The City Manager suggested that the budget hearing
scheduled for September 8, 2009 be moved to Thursday, September 10, 2009, or, the other
option would be to move both September meetings and meet on September 14, 2009 and
September 29, 2009.
Mr. Frankel moved to approve to change the first budget public hearing date from
Tuesday, September 8, 2009 to Thursday, September 10, 2009, and reschedule the September 8,
2009 City Commission meeting to Thursday, September 10, 2009, seconded by Mr. Eliapoulos.
Upon roll call the Commission voted as follows; Nlr, Fetzer -Yes; Mr, Frankel -Yes; Mr.
Bernard -Yes; Mayor McDuffie -Yes; Nlr. Eliopoulos -Yes, Said motion passed with a 5 to 0
vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
11
07t07f09
lU. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 27-09 (SECOND READINGlSECOND PUBLIC
HEARING): Consider acity-initiated amendment to the Land Development Regulations {LDR}
Appendix "A", "Definitions", to provide an updated definition of "Family".
The caption of Ordinance No. 27-09 is as follows:
AN ORDINANCE OF THE CITY COIVLMISSION OF TIIE CITY
OF DELRAY BEACH, FLORIDA, AMENDING TIIE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, BY A,MENDIlVG APPENDIX "A",
"DEFIlVITIONS", TO PROVIDE AN UPDATED DEFIl~IITION
OF FAMILY; PROVIDING A SAVING CLAUSE, A GEI~~IERAL
REPEALER CLAUSE, A,ND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 27-09 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 aCity-initiated
amendment to the LDRs that provides an updated definition to the term family. The current
definition refers to one or more persons related by blood and marriage and have a graduated
scale that allows additional persons to live with the family depending upon how many family
members there are. These are as follows: If there is only 1 family member, an additional 4
unrelated persons may reside in the dwelling; if there are 2 family members, an additional 3
unrelated persons may reside in the dwelling; if there are 3 family members, an additional 2
unrelated persons may reside in the dwelling; if there are 4 family members, an additional 1
unrelated person may reside in the dwelling. Mr. Dorling stated the new definition of the term
44Family" as two tlr more persons living together interrelated by bonds of consanguinity,
marriage, legal adoption, legal custodian and faster situations ar, not mare than 3 persons that are
not interrelated. He stated group homes and community residential homes axe excluded from
this definition as they are regulated by State law and have their own definition under that Statute.
Mr. Dorling stated the ordinance also talks about currently occupied dwellings that do not meet
this definition and they would be given 12 months from the effective date of the ordinance
enactment or the termination of the current lease agreement to came into compliance, whichever
occurs first.
At its meeting of May 18, 2009, the Planning and Zoning Board recommended
denial with a 5 to 0 vote {Glickstein and Dowd absent}. The denial centered around concerns
that people who cohabitated and were not married would not be able to stay together if they
exceeded the 3 under this scenario. The City Commission considered this amendment on June 2,
2009 and recommended approval.
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07107109
Mayor McDuffie declared the public hearing open.
Ger Franciosa 939 Eve Street Delra Beach s eakin on behalf of
Progressive Residents of Delrayl, distributed a booklet and entered it into the record. Mr.
Franciosa stated he ernailed a lot of the information that is in the booklet to the Commission and
noted that the booklet consists of an ,analysis of Professor Jan's statistical analysis. He stated
when this issue came before the Board of Directors of P.R.O.D. the majority of the Board voted
to support Ordinance No. 27-09 as written for 3 unrelated persons. Mr. Franciosa stated he
spoke to City Commissioners, Code Enforcement staff, City staff, and the City Attorney. He
contacted residents and members of various homeowners' associations and the consensus was an
overwhelming support of 3 unrelated people per dwelling. Mr. Franciosa stated he found that the
opposition to Ordinance Na. 27-09 comes from several large groups of property owners all with
a common denominator, money. He stated the first group is seasonal rental property owners who
are driven by profit; the second is the immigrant population of Delray Beach which is driven by
need; the third are the sober houses whose ownership is driven by greed. Mr. Franciosa stated
this ordinance is money versus a quality of life for our residents.
George Jahn, 1021 East Heritage Club Circle Delray BeachlDelray Place
Apartments (resident, property owner, and Professor of Mathematics at Palm Beach
Community Colie~e~, stated the last time he came before the Commission he gave a
presentation on the statistical analysis with regards to the definition of family, After that, there
was much discussion about half-way houses, etc. so he decided to collect some additional data
which came from SCR:RA (South County Recovery Residence Association) and other various
sober house websites in regards to their locations and sizes. Mr. Jahn stated the first ordinance
was Ordinance No. 29-09 which is transient living and in reality if Ordinance No. 29-09 came up
first based on the data that he collected, b$% of all the recovery residents that fall under that
definition of transient living would not be able to exist anymore in the City of Delray Beach
because of the fact that they are in asingle-family residential neighborhood. Also, Ordinance
No. 29-09 which prohibits transient residential uses in single-family addresses 100% of the
problems that were issued on the June 2, 2009 meeting. Mr. Jan stated there were no complaints
in that hearing with regard to having transient residential uses in residential medium density
areas. He stated the data that the ordinance is based on is 2.87 which is the definition of family.
Mr. Jahn stated the other group of data he collected is the data from the sober houses which is
approximately 5. He stated if there are 3 or fewer individuals that includes 74% of the families
in the definition, but it does exclude 93% of the transient residential uses; if there are 4 or fewer,
it includes 95°l° of the family and still excludes 69% with regard to the definition of family; and,
it excludes 100°l0 of the transient uses in single family residences. In conclusion, Mr. Jahn stated
3 are not statistically significant but 4 or fewer in conjunction with the other ordinances does
meet the goals of the City. In conclusion, Mr. Jahn stated 3 single family works well in the
western conununities, the northern communities, and Lake lda, etc. but does not work well
downtown and recommended 4 for the downtown area. Mr. Jahn suggested that if the
Commission is going to be inclusive of all the individual interest, family interest, and business
interest as well as all the different diverse communities that are in the City of Delray Beach that
number is going to be 4.
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07/07/09
nson, P.A., 10 S.E. 15` Aven
Delray Beach (representin Mr. Jahn and his sober living facility on S.W. 10"' Street),
stated there has been a long debate in the City of Delray Beach concerning the definition of
family. In the early 1990's, there was a revision of the local ordinances and this was based upon
the perception of ethnic neighborhoods. Mr. Weiner stated the definition of family from 1991
was a definition that was associated with the greatest rise in our neighborhoods that we have ever
had in Dekay Beach and that was the ordinance that allowed our neighborhoods to emerge from
where they were in 1991 to where they are in the present. He stated even if the Commission just
passes the ordinance on transient residential uses it is satisfactory. Mr. Weiner stated the
rationale for initiating all this is a case called "Jeffrey O" and it says that a City can regulate and
police powers but it provides no guidance on regulation. He stated what everyone should be
following is the United States Supreme Court case of 1995 entitled the City of Edmonds v.
Oxford House and it protected single family neighborhoods but acknowledged your
responsibility to protect certain classes of individual citizens. Mr. Weiner stated the City should
approve 3 in single family and 4 in multi-family. He stated if the Commission passes the
ordinance the way it is now, the City will discriminate against those who are economically
disadvantaged. If the City acknowledges the case law that they are going to make this difference
between single family and multi-family and if they are going to avoid a bad planning decision,
then the City should acknowledge the difference in the City's particular zoning districts. Mr.
Weiner stated the defuution of family should be at least 1 family member plus 4 unrelated
persons citywide; and, if not, the City should make a distinction.
Reverend Kathleen Gannon, St. Paul's Episcopal Church, 188 S. Swinton
Avenue, Delrav Beach and also a resident at 2014 Alta Meadows Lane, Delrav Beach, read a
statement into the record from Reverend William "Chip" H. Stokes.
James K. Green, represents the Wellness Center, 222 Lakeview Avenue,
West Palm Beach (Attorney for Jeffrey "O" and represented the American Civil Liberties
Union (ACLC) in the case of Jeffrey "O" against the City of Boca Raton), stated they are
against this ordinance because the reduction from 5 to 3 is unnecessary but it will violate the
Americans with Disability Act (ADA) and the Fair Housing Amendments Act of 1988. Mr.
Green stated mutual support of the proposed ordinance is critical to addiction recovery and an
addict's and alcoholic's biggest enemy is being alone and is being around other people who are
drinking or drugging. He stated the reason you need 4, 5, or sometimes 8 unrelated people living
together committed to sobriety is that they will support each other. Mr. Green stated the more
that live together the less likely it is that a person will be left alone and go back to drinking and
drugging. Mr. Green made reference to a comment expressed by Judge Middlebrooks in the
Jeffrey "O" case v. City of Boca Raton. He stated in the last whereas clause of the ordinance
there is "nothing wrong with the number three that the City has chosen." was taken out of
context. Mr. Green stated what Judge Middlebrooks actually ruled was that "while I find no
legal problem with the cap of three (3) unrelated individuals per say, the limitation without any
exception for handicapped individuals or an established reasonable accommodation procedure
this number violates the Fair Housing Amendments Act." Mr. Green stated people who are in
active recovery from drug or alcohol addiction are considered handicapped individuals within the
protection of the Fair Housing Amendments Act (FHAA) and within the protection of Americans
with Disability Act (ADA). Mr. Green stated from his client's perspective reducing it from 5 to
14
07/07/09
4 unrelated persons would not adversely affect their operation, However, if this ordinance were
to be adopted then they would have no choice but to pursue administrative complaints with
HUD, complaint with the Department of Justice, and the City would be jeopardizing the City's
TARP money. Mr. Green urged the Conunission to not pass this ordinance but if they do pass
something to reduce the number from 5 unrelated persons to 4 unrelated persons.
Daniel Mnrtaugh, 296 S.W. 29th Avenue, Delray Beach, opposed to the
proposed ordinance to reduce the number of unrelated persons allowed in asingle-family home
from 5 to 3. Although it applies to all types of residents, this would not be before the
Commission if it were not for the concern expressed in same quarters about sober houses. Mr,
Murtaugh stated there are two objections to the proposed change; first, its inclusiveness means
that a common living arrangement far college students and a local industry of vacation rentals
will be eliminated or severely encumbered. Furthermore, Mr. Murtaugh stated a temporary
arrangement for the economically dislocated with be cut off just as its necessity is becoming
most acute. He stated the target of the proposal is a particular group of sick people who are
trying to get better and the proposal seeks to obscure this with its broad applicability because
Federal law protects the rights of these sick people. Mr, Murtaugh stated there are those that
complain that Delray Beach is becoming known as the sober pause capital of the world but it is
better known as an All America City and considers carefully the generosity of spirit that we
associate with the phrase All America and set this ungenerous proposal aside.
Jason Lazar, 215 N. Federal Highway, Baca Raton (speaking on behalf of
Investments Limited a property owner in Delray Beachl» urged the Commission to look at the
cost benefit analysis at passing this ordinance. Mr. Lazar stated Mr. Jahn has done a good job in
looking at it from a statistical perspective in seeing that the passing of this ordinance from S to 3
will really not have the affect that's intended but also to look at it from a real life analysis. Mr.
Lazar stated from a landowner's perspective it is a profit making endeavor but it is those profits
that are put back into the community to develop and make the City a better place to live, He
stated decreasing landowners' ability to get increased rental income will decrease their interest in
providing for two and three bedroom apartment housing complexes. IVIr. Lazar stated it would
be appropriate to go from 4 in the medium density areas and 3 in the single-family density areas
but a 4 person minimum is the way to go.
Pat Archer, 380 Sherwood Forest Drive, Delray Beach (former City
Commissioner and new Chair of the Drug Task Force), reiterated for the record that there are
no halfway houses in Delray Beach operated in residential neighborhoods. Mrs. Archer stated a
halfway house requires supervision and licensing; sober houses are unlicensed and unsupervised.
She stated there is no treatment provided and a meeting does .not constitute treatment, Mrs.
Archer stated those located in single-family residential areas are high traffic businesses.
Therefore, Mrs. Archer stated they da not meet the Delray Beach zoning requirements for
residential areas if they are not owner occupied. The Delray Beach Drug Task Force supports
the reduction of family to 4 rather than 3.
Terry Lee Winters, 925 Kokomo Key Lane, Delray Beach, read a brief
statement into the record and stated the proposed ordinances will place still more people out on
our streets homeless and create more economic hardship in times where we can afford no more.
15
0'710?109
Ms. Winters stated better regulations can be adopted and put into practice and enforce
regulations already in place. She stated if these proposed ordinances are directed at those people
in recovery while paying rent and hopefully taking good care of the premises they are
shouldering responsibility for themselves. Ms. Winters urged the Commission to implement
kind and caring solutions while respecting and not invading the personal freedoms and quality of
life of our neighbors.
John Robertson, 600 Gardenia Terrace, Delray Beach, stated he is in favor of
the ordinance.
Lori Dykeman, 1120 Ocean Terrace, Delray Beach, stated she is a snowbird
and as such would not want one of the sober house properties that were not well maintained by
her property. Mrs. Dykeman stated she and her husband have worked very hard to have their
dream vacation here and with the challenging economic times if they were to lose income from
rental when they are not able to use the house they would not be able to keep the house. She
stated the snowbirds help to keep Delray going and noted the summer months here are much
different than the winter months. She stated if the City is going to reduce the number of places
that they can come then everything will be hurting and there will be a trickle down affect. Ms.
Dykeman urged the Commission to find another solution to the problem that they are trying to
solve.
Jana Costa, 707 Lake Avenue North, Delray Beach, stated she lives across the
street from a halfway house and when she first moved in her yard was nothing but sand. She
stated she had piles of dirt delivered and then there were piles of dirt for quite a while. Ms.
Costa stated the guys in the halfway house came over and helped with her yard. She stated the
halfway house is clean and has been painted. Ms. Costa stated these people are part of the
community, they are good people, and are striving to get well. She stated she has no family and
feels if she wants to live with more than 3 people who she considers being family to help her pay
her bills then she should be allowed to do that. Ms. Costa stated if Delray Beach is the recovery
capital of the world then it is the saving lives capital of the world. She stated these halfway
houses are very important to people who are trying to recover and feels if we lose 68% of the
halfway houses in Delray Beach it will be a big loss. Ms. Costa stated if this disease were talked
about as a disease rather than a moral issue there would be a lot less relapse and a lot more
people out there whose lives are being saved. She stated they spend money in this community
and without the recovery houses that will be gone.
Scott Thompkins, 257 N.E. 11th Street, Delray Beach (resident of Delray
Beach since 20001, stated in his four bedroom house the City would be asking him to make one
of those bedroom an office and not allow any of the people in his house to have any boyfriends
or girlfriends as their partners in the room. Mr. Thompkins stated he is in favor of keeping the
ordinance as it stands. He feels it should be made more economically feasible for people to work
downtown in Delray and become a household owner in Delray Beach. Mr. Thompkins stated
this is the All America City and feels we should give the American people a chance to live here.
Tom Honker, 615 William Road, Delray Beach, stated his neighbor Doug
Ayerst asked him to read a letter which he previously sent to the Commission regarding Mr.
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07/07/09
John's Statistical Analysis of Proposed Ordinance on Definition of Family Supplement dated
May 16, 1009 and pointed out errors that render this document to be incorrect and misleading
with respect to the numbers of unrelated individuals living in the same household.
Michael Herwitz, 110 Kokomo Key Lane, Delray Beach, stated he came to
Delray Beach five years ago tci a treatment center that kicked him out into the streets of Delray
Beach within two weeks of him being here. Mr. Herwitz stated he did not know what to do and
went back to the treatment center that he got thrown out of a second time and he ended up in a
halfway pause. He stated after 14 months and fallowing all the rules that were set forth by the
property manager there he was able to integrate himself slowly back into society. Mr. Herwitz
stated if he had not lived with one or two other people he never would have been able to afford
living in Delray Beach. He stated had that happened he would have been in a shelter, in custody,
or a burden on the taxpayers. Mr. Henvitz stated he is now a homeowner and a business owner.
Pauline Moody, 609 S.W. 8th Avenue, Delrav Beach, agrees with the proposed
ordinance to reduce the number of people in these homes and stated a lot of false information has
been presented.
Joann Peart, 107 N.W. 9th Street, Delray Beach {Lake Ida Neighborhood),
stated she has friends who live in the RM (Medium Density} zoning districts who really don't
want the numbers to be different because they da not want the problems to ga to their
neighborhoods. Mrs. Peart asked why Delray Beach can't have an ordinance for three ~3}
unrelated people. She stated the City of Baca Ratan has one as do many other cities as well as
Indialantic has one far two (2) unrelated people. Mrs. Peart stated this is a "zoning free far all"
and there are hawses in Lake Ida that are rented to vacationers weekly and monthly and we also
now have same disruptive saber pauses that are really not saber houses at all but they hide
behind a Federal law. She stated there were five college girls partying on Beverly Drive, a flap
house in Tropic Isle, and a man complained at the first reading of this ordinance an June 2, 2009
and he clearly sounded as though he was running a boarding house. 11?lrs. Peart urged the
Commission to give the City staff the tools they need to bring some law and order back to the
neighborhoods and the families that live there and she urged the CorC12T11SSlon to vote in favor of
this ordinance.
Deb Sullivan, 1002 Lake Shore Drive, Delray Beach, stated she is in favor of
the proposed ordinance and feels that enforcement is another part of the solution.
Harold Jonas, 297 N.E. 6th Avenue, Delrav Beach (President of the South
County Recovery Residence Association known as SCRRA), stated he spoke at the June 2,
2009 City Corrnnissian meeting urging the Corninissian to reconsider a final vote specifically a
definition of family and again submits the same request. Mr. Jonas stated the negative impact for
our community if this ordinance is passed as written will create severe hardship for the residents
contributing in a positive way to enhancing their lives and in turn. our city. He stated that the
landlords and operators recognize and agree much work lies ahead to weed out unlawful,
unscrupulous, and unethical business operators. He stated one of the current Carr~missianers
spoke out and ran his campaign an cleaning up sober houses in Delray and feels these ordinances
were written targeting the recovery housing population and operators that cater to them. In his
17
07107109
opinion, this is discriminatory and is subjecting recovering and non-recovering taxpayers to
potential costly litigation. Mr. Jonas urged the Commission to table these ordinances in open
workshops for all concerned to identify and implement governance that serves all.
El a ier Hudson 230 N.W. 2°d Avenue Delra Beach wife mother and
caPastor of the Cathedral oaf Hape in the City of Delray Beach), stated she is opposed to the
ordinance passing, Her ministry has had the privilege of serving the recovery community
through their transitional house program and she has personally seen success stories within the
community. Mrs. Hudson stated young men have gone on to the military and college. She stated
Delray Beach lives up to its name by being the All America City that is inclusive, responsible,
and humane. Mrs. Hudson stated where there are breaches of law there is also opportunity for
abuse and inappropriate actions.
John Crane, 217 Beverly Drive, Delray Beach {lived here since 1992), stated
the problem with transient homes and five unrelated people are there are multiple people living
there and each one can have their own vehicle and houses are not designed to have five vehicles
parked in front of their homes at all times with their friends coming in at different hours. Mr.
Crane stated these people are not connected to the neighborhoods with which they live in and
that is part of what decays the value asingle-family neighborhood. He stated transient homes
have leases that tx~rnover frequently and they da not have enough time to belong and connect
with that neighborhood. Mr. Crane stated he is not against people in recovery or people who
need a place to live and there are places for these people to fmd legal homes in Delray Beach.
He applauded the City for taking up this issue and following up on its target value for 200812009
fiscal year. Mr. Crane stated the recovery statistic that was pointed out in the earlier presentation
showed an average of five people per recovery home and that means that 50°lo have more than
five people and 50°lfl less. He stated these things do decrease the value of the neighborhood and
wants the value of his home and his neighborhood to stay at a high level.
Todd Shumay, Sl9 Palm Trail, Delray Beach, applauded the City for all of the
changes that have been made over the years. He stated it is in the best interest of the City to
reduce the number of unrelated persons living together to 3 persons and join the neighboring
cities like Boca Raton and follow suit with them.
Philita Cary, 80 Salina Avenue, Deiray Beach, expressed concern that as a
taxpayer how much of his money is the City going to spend. Mr. Cory stated if we look at the
precedence of other cities before us they paid out a lot of money and if you divide that up
between every taxpayer in the city he is curious to know what that figure is. He urged the
Commission to not spend his money that way. Mr, Cary asked the Go~nmission to review the
Fair Housing Act {FHA} word for word.
Kevin McNally, 624 Gardenia Terrace, Delray Beachs read a letter into the
record that he had previously written to the City Commission. Mr. McNally stated his first-hand
experience has shown that more than three (3} unrelated people living in a house in his
neighborhood has had several negative results such as: {1) excessive noise from stereos,
televisions, parties, and visitors, {2) excessive vehicle traffic at all hours of the day, (3) behavior
that is not considerate of neighbors including but not limited to speeding vehicles and intoxicated
18
0710'7/09
drivers that pose a threat to children, adults and pets walking and playing in their own yards, {4}
inability of residents who do and who do not belong in a neighborhood as break-ins are
becoming routine in their neighborhood. 1Vlr. McNally urged the Commission to consider the
safety, well-being, and property values of resident property owners more importantly than the
convenience of tourists and profits of landlords that do not live in the neighborhood. He urged
the Commission to vote far no more than three {3} unrelated people in asingle-family dwelling
unit.
,iennifer Cassidy, 710 Gardenia Terrace, Delray Beach, stated she lives around
the corner from the saber house located on El Dorado Lane and 6t . Ms. Cassidy briefly
discussed a few incidences that have occurred and the comings and goings between 10:00 p.m.
and 12.00 midnight and later are questionable and not something that normally happens on
Gardenia Terrace or El Dorado Lane. She stated she does not feel it is the City's responsibility
or the neighborhoods' responsibility to provide for these sober houses and urged the Commission
to vote for no more than three {3} unrelated people in asingle-family dwelling unit.
Mike Estrada, 2101 N.W. 3rd Avenue, Delray Beach (Lake Ida
Neighborhood), stated one of things that appealed to him about this community is that there
seemed to be a spirit of collaboration in the community between the businesses, the private
sector and the government. 1Vlr. Estrada stated he believes this is what lead to the All America
City designation and is something to be proud of. He stated the City is facing same
unprecedented economic challenges right now and there is a lot of temptation to make short-term
decisions that are not in the best interest of the long-tezm growth of the community. He stated
the one of the backbones of the community is the homeowner and in particular the neighborhood
community of people who ban together and look after one another. Mr, Estrada urged the
Commission to support no more than three {3} unrelated people in asingle-family dwelling unit
because it is in the long-term interest of the community and that collaborative spirit is one of the
reasons he bought in Delray Beach.
Kim Morrison, 214 Beverly Drive, Delray Beach {has lived here far 23 years
and also owns a rental property for the same number of years), stated she follows all the
laws and tries to adhere to being friendly. Ms. Morrison stated they always have parties on the
street and try to include everybody as well as the sober house next door to her home. She stated
the opening of the sober house was a big concern to her and her neighbors but she was willing to
see how it would go. Ms. Morrison stated they did a news article on Channel 5 and they quoted
a previous neighbor that she has never heard of that they were an asset to the conununity and
also stated that there were 14 in the home. Ms. Morrison stated this is a 2-bedroom duplex side-
by-side. She inquired how the City proposes to enforce three if the City cannot enforce the five.
Ms. Morrison stated the sober house has had 20 cars at a time in the driveway, beeping horns,
loud music, and she counted 30 door slams in an hour. She stated they cannot live in their homes
in peace. Ms. Morrison urged the Commission to pass this ordinance but at the same time they
need to enforce it.
Dr, Victor Kirson, President of the Board of Directors of Tierra Verde at
Delray Beach {they have 300 residential. unitsl, stated after the June 2, 200~~~~~~~~
9 meeting he spoke
to all his residents informing them that something is going to be done about their problem. Dr.
19
o~io~rOs
E~.irson stated he called Frank Harrison, President of the Board of Directors of the Delray
.Racquet Club, and he has 460 units and he was quite happy and started speaking to everyone.
Dr. E~irsan stated then he started receiving rumors that something may change and they are not
happy about that. Dr. Kirsan stated there are six people living in a 3-bedroom townhouse and
the landlord is getting $175.00 a week but he gets the calls about all the incidences happening at
the pool.. He stated he cannot bring his children to the pool because these individuals (not unit
owners) are drunk in the pool and making out with their girlfriends.
Christie Mularz, 9 N.W. 9th Street, Delray Beach, stated people are running
businesses out of single-family residential neighborhoods and something needs to be lane about
it.
Gary Wolf had lived in Osceola Park for approximately 20 years, stated
Osceola Park has became a slumlhateUhospital and discussed the drug usage in the
neighborhood.
Carolyn Zimmerman, 212 S.W. 2"a Avenue, Delray Beach, stated the reason
we currently have 5 is because of the Haitians and noted she represented the Haitians and the
City got the ACLU to change it to 5. Miss Zimmerman stated there were sa many immigrants
there that people were complaining about it. She suggested that the City enforce the Codes that
they have. Miss Zimmerman stated she has no abjection to people coming here to get well but
asked the Commission to let the community get involved. She stated if the Commission does not
have the entire city behind them nothing is going to change and more people will be complaining
and nothing being done about it.
Michael Dixon 611 EI Dorado Lane Delra Beach ake Ida Nei hborhood
stated when he was asked where he wanted to live by a realtor he stated he did not want to be
near any supermarkets, no churches, no schools or hotels. Mr. Dixon stated he looks across the
street and in his opinion there is a boarding house and his property value has gone down. He
stated his neighbors are complaining but he personally does not have any problems with the
house because they entertain in the back but the people who are living behind them say that there
is a lot of profanity and it is a big problem. Mr. Dixon stated 4 for people who are running
recovery houses 2 people in each bedroom and two baths makes a sensible idea if these sober
houses are going to be in business. However, Mr. Dixon stated he does not want them in
business in an R-1 residential area and that is where he lives and that is what he paid for.
James {~uillian, lives in Osceola Park Neighborhood, stated he is not against
saber houses and noted that some of his best friends are rehabbers but has a problem with
transient houses where multiple people live in these houses. Mr. Quillian stated he knows of
some hawses that have mare than 15 people living in a house where they are collecting over
$150.00 per person. He stated he does not believe these people are paying their fair share of
taxes and some of these people that have transient houses claim homestead exemption on these
houses. Mr. Quillian stated there is a problem with transient houses and they need the City to
help them fix these problems. He stated not only does he pay taxes but he votes in every City
election. Mr. Quillian this ordinance is goad far the City as a whale and stated we need this
ordinance.
20
07107!09
Elaine "Lame" Lewis 1098 Hibiscus Lane Delra Beach reasurer of the
Lake Ida Homeowners' Association), stated she has lived in her house for 31 years and she is
about three houses away from a sober house. Ms. Louis stated she and her dog have almost been
hit three times and there is traffic going crazy. In addition, Ms. Louis stated people are walking
around like zombies all day and nobody knows if they belong in the neighborhood or belong in
the sober house. She urged the Commission to vote for three (3) unrelated people living in a
house.
Alice Fins 70'1 Place Tavant Delra Beach re resentin the Homeowners'
League of Chatelaine}, stated Chatelaine is asingle-family area zoned R-1-AB and designed as
a single family neighborhood. Mfrs, Finst stated the streets axe narrow and they have Gust
acquired sidewalks and swales. She urged the Commission to look at this ordinance as a safety
issue because in Chatelaine three cars barely fit in driveways and five cars do not fit in the
driveways and cars are parked on sidewalks, swales, and in the street making it dangerous for
walkers, drivers, bicyclists, and children. Mrs. Frost stated 3 is enough and feels this is a safety
issue.
Don Thom, 901 S.E. 4th Avenue, Delray Beach, stated it appears that there are
enough rental properties in this town that two people can go out and rent a place. lUfr. Thorp
stated if they are paying $800.04 a month for a bed in one place; two people can get together for
$600.00 a month and rent a place for $1,X}0.00 a month. He stated they have the meetings 24
hours a day seven days a week and if they need support they can call. Mr. Thorp urged these
people to rent these places that are already vacant.
Mark Scolese 801 Andrews Avenue Delra Beach u scale halfwa house
stated he is a member of SCRRA (South County Recovery Residence Association) and they meet
monthly and sometimes more to discuss what is going on in Delray Beach and what it takes to
run a halfway house, He stated he has been in this for three years and deals with a lot of young
men. He stated although every single man that ever came through his way has not always
remained sober, his statistics are a lot better than they are worse. The turnover is far greater to
the positive of the people being in the commitment that they are in for as long as it takes (six
months or a year). He stated SCE has taught him how to handle situations and SCRRA's
goal is to run productive recovery houses in Delray Beach.
Al 3acguet, 236 S.E. 3rd Avenue, Delray Beach stated this could become a
Federal case with equal protection under ADA and under the Fair Housing Act as well. Mr.
Jacquet stated the reason the court struck down so hard in the Jeffrey "O" ease was because it
was quite clear what they were trying to do and who they were targeting, He stated everyone
knows we are talking about sober houses although staff has tried their best to draft their
legislations to not target sober homes or treatment facilities but to target transient housing which
is a hirnover of six or more over the year. Mr. Jacquet stated if we have an enforcement issue
then no legislation they pass can be as effective or successful if we are not in the habit of
enforcing the legislation that we do have.
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0'110?109
Neal U'Dannell, 520 N.W. 8`h Avenue, Delray Beach, stated he had to leave
Delray Beach for a year and rent his house and has to now live in his home. He stated he never
considered renting to anybody but a single family. Mr. O'Donnell stated when you are in a
community you want to protect the community and noted that Mr. Scolese is running a business
and that is not want people want in single-family residences. Mr. O'Donnell stated we don't
need business in single-family neighborhoods and is in favor of 3 is enough.
There being no one else from the public who wished to address the Commission
on Ordinance Na. 27-09, the public hearing was closed.
Mr. Eliopoulos thanked everyone for coming tonight and stated it shows how
citizens are committed to Delray Beach. He stated it comes down to design and what is
appropriate. lkir. Eliopoulos stated as the law currently states you can have 5 unrelated people
with a reasonable accommodation for 6 and what is being discussed is 3 with a reasonable
acconunodation to 4, lvlr. Eliopoulos stated speaking as an architect when there are multiple
people living together it is not safe because it is not designed for this amount of people. He
stated there are two things with Fair Housing; reasonable accorrimodation and reasonable
modification. He stated staff has done a good jab looking at this. 11rIr. Eliopoulos stated they are
not putting limitations on family members but they are putting limitations on unrelated people
with reasonable accommodations. Therefore, Mr. Eliopoulos stated he supports the ordinance
with 3 with a reasonable accommodation to 4.
Mr. Fetzer stated he appreciates from hearing from the public and feels there was
good input from both sides of the issue. He stated staff has been working on this far a long time
and has been concerned about the stability of our single-family residential neighborhoods. Mr.
Fetzer stated 3 is a reasonable number in our residential areas and to be non-discriminatory this
has to be applied across the board to all zoning locations. Therefore, Mr. Fetzer supports the 3
and feels this will help to bring more stability to the residential areas.
I1rIr. Frankel stated he is the person who ran his campaign on this issue because
this was the number one issue brought to his attention. He stated opponents of this ordinance
talk about how it will affect them and argue that this ardz'nance will discriminate. However, Mr.
Frankel stated they ignore the effect they have on others and their neighbors in single-family
neighborhoods and the effect they have with a large number of unrelated people on our police,
fire, EMT, children, and other residents. Mr. Frankel commented about the quote that Mr. Jahn
gave to the Palm Beach Post. He commended the City Attonaey's office for all their hard work
with drafting the andinance, Mr. Frankel stated 3 is a decent number and does not find anything
discriminatory in limiting it to 3 and noted that there is no ban on transient rentals and the
ordinance does not eliminate any of the facilities, Mr. Frankel stated he does not feel that
enforcement is going to be an issue especially with community policing and with some of the
neighbors who are willing to help. He stated if you limit the transient rentals to 3 it maybe less
profit but you are not putting anyone out of business. Mr. Frankel stated the totality of the
residents in Delray want stability in their neighborhoods and the ordinance as presented does
this. Therefore, Mr. Frankel stated he supports the ordinance.
Mr. Bernard stated at the June 2, 2009 meeting he wanted to have 4 but since he
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07107109
has had the opportunity to listen to everyone who spoke this evening and the opportunity to ga
back and take a look at the Jeffrey "O" case. He stated our goals far 2013 states that we need to
have quality neighborhoods where people want to live and our single-family neighborhoods
cannot be used as a business area. Therefore, Mr. Bernard stated he supports reducing this to 3
unrelated peaple because we need quality neighborhoods where people need to live.
Mayor McDuffie thanked everyone from the public for coming out to speak this
evening. He stated this ordinance is not about peaple with addiction problems. Mayar McDuffie
stated the ordinance is about unscrupulous landlords in any area of the city in asingle-family
zoning area far any particular reason, He stated there are facilities within the City of Delray
Beach that are to be admired far taking people with problems and helping them salve those
problems and putting them on the street as productive adults and those are not the peaple that we
are talking about in the ordinances we have drafted aver the last two years. Mayar McDuffie
along with Conunissianer Bernard in listening to the Drug Task Farce was leaning toward 4
people making provision for Chase landlords who da the seasonal rentals and being able to
accommodate two couples in a rental any place in the City of Delray Beach. Mayar McDuffie
reiterated that recovering addicts are welcome in the City of Delray Beach and are pleased and
proud when they get through treatment and become contributing adults, taxpayers, and
homeowners in the City of Delray Beach. However, he stated we cannot tolerate unscrupulous
and profit mongering landlords who not only abuse our system in the City of Delray Beach but
they abuse the very people that are living in the homes. Mayor McDuffie stated their quality of
life if there are 15 people in the home with you cannot be good under any circumstances. Mayar
McDuffie wants to make certain that this not about recovering addicts but is about unscrupulous
landlords and supports the ordinance as written.
Mr. Fetzer moved to adopt Ordinance No. 27-09 an Second and FINAL Reading,
seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Frankel -Yes;
Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; IVIr. Fetzer -Yes. Said
motion passed with a 5 to 0 vote.
10.8. ORDINANCE NO. 28-09 {SECOND READING/SECOND PUBLIC
HEARING!. Consider achy-initiated amendment to the Land Development Regulations
(LDR), Section 4,3.3, "Special Requirements for Specific Uses", Subsection (I), "Community
Residential Homes and Group Homes", to update the section to comport with changes in State
Law.
The caption of Ordinance Na. 2&-09 is as follows:
AN ORDINANCE OF TfIE CITY COMMISSION OF T`IIE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT I~,EGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (I),
<`CONE'vIL?IwIITY RESIDENTIAL HOMES AND GROUP
HO1trLES"; TO UPDATE THE SECTION TO COMPORT WITH
CFCANGES IN STATE LAW; PROVIDING A SAVING
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07/07!09
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 28-09 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 aCity-initiated
amendment that will update various State Statutory and State licensing agency references in the
LDRs. It is administrative in nature and updates the LDRs to be consistent with the State law.
Mr. Dorling stated it adds the term License Service Providers by replacing current terms of
convalescent homes, homes for the aged, and alcohol and drug treatment facilities. He stated
both the terms Community Residential Homes and Group Homes are expanded to include
specific reference to the Department of Elderly Affairs and Agency for Persons with Disabilities,
the Department of Juvenile Justice and a dwelling unit licensed by the Agency for Health Care
Administration.
At its meeting of May 18, 2009, the Planning and Zoning Board considered this
ordinance and recommended approval on a 5 to 0 vote.
Mayor McDuffie declared the public hearing open.
Kathleen Gannon, 188 South Swinton Avenue, Delray Beach (speaking as a
Priest from St. Paul's Episcopal Church and as a resident of the City of Delray Beach),
stated she is disappointed in the actions and the conversations that happened here tonight. Ms.
Gannon stated we have placed in this city a group of people who are greatly at risk at the center
of this issue. She stated her heart breaks for the people in this town whose homes are disrupted
and this is not right. Ms. Gannon expressed concern over the enforcement of this issue and
stated now that the Commission has passed this if we as a city has not been able to enforce the
safety in our community now where is it going to come from. She stated as the Co-President of
the Delray Beach Interfaith Clergy Association they have had extensive conversations at their
meetings and they stand with people in trying to address the issues of sober living in this
community. Ms. Gannon stated they can make it a safe place without the kinds of ordinances
that the city has had. She suggested that we talk to each other about these issues (i.e. like the
study circles on R.A.C.E. relations) and learn the ways that we can speak about it so that we do
not have problems but that we honor the people who live here.
Peggy Eagles, 321 Beverly Drive, Delray .Beach, stated she agrees that this is
not just a sober issue and explained they live on the street that had the college students (six)
along with their six boyfriends. Ms. Eagles stated Friday and Saturday nights there would be 30
and 40 cars on her street because of the parties that would go on and noted they called the Police
Department on numerous occasions. She stated it is really not a sober issue but it is the amount
of people issue.
24
07/07/09
There being na one else from the public who wished to address the Commission
regarding Ordinance No. 28-09, the public hearing was closed.
Terrill Pyburn, Assistant City Attorney, stated she would like to clarify far the
public's benefit that this is to update the City's Community Residential and Group Home
ordinance in order to make it rampart with State law.
Mr. Bernard moved to adapt Ordinance No. 28-09 an Second and FINAL
Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr.
Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; 1Vfr. Fetzer -Yes; Nir. Frankel -
Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO, 29-09 (SECOND READINGISECOND PUBLIC
HEARING): Consider acity-initiated amendment to the Land Development Regulations {LDR)
by amending Section 4.3.3, "Special Requirements for Specific Uses", by enacting a new
Subsection 4.3.3{ZZZ), "Transient Residential Uses", in order to establish prohibitions,
exemptions/exceptions, waivers and penalties amending Section 4.4.6, "Medium Density
Residential {RM) District", to provide that "Transient Residential Uses", shall be allowed as
permitted uses; and, amending Appendix "A," "Definitions", to provide for a definition of
"Transient Residential Uses".
The caption of Ordinance No. 29-09 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORII~A, .AMENDING SECTION 4.3.3,
44SPECIFIC REQCTIRENIENTS FOR SPECIFIC USES", BY
ENACTING A NEW SUBSECTION 4.3.3 {ZZZ), `"TRANSIENT
RESIDENTIAL USES", IN ORDER TO ESTABLISH
PROHIBITIONS, E~!:EMPTIONSIEXCEPTIONS, WAIVERS,
AND PENALTIES FOR SAME; AMENDING SECTION 4.4.6,
"MEDIIUM DENSITY RESIC}ENTIAL {I~IIVTj DISTRICT",
SUBSECTION {B), "PRINCIPAL USES ADD STRUCTURES
PERMITTED", IN ORDER TO PROVIDE THAT TRANSIENT
RESIL3ENTI~~.L, USES SZ;[ALL BE ALLOWED AS PEP;NIITTED
USES Vt~ITT1IN TZ ~ {RM) DISTRICT; AMENDING APPENDIX
"A", "DEFINITIONS", IN ORDER TO PROVIDE A
DEFINITION OF "TR.~~NSIENT RESIDENTIAL USES",
PROVING A SAV~Il~IG CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
{The official copy of Ordinance Na. 29-09 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.
2S
0'7!0'7109
Paul Dorling, Director of Planning and Zoning, stated this is to identify that
Transient Residential Uses will be prohibited in Single Family and Planned Residential
Development zoning districts and will be added as a permitted use in the Medium Density
Residential (R,M) districts. Mr. Dorling stated the ordinance also indicates that if you have an
undo economic hardship it can be addressed through a waiver provision pursuant to LDR Section
2.4.?(B) or through the request for reasonable accommodations through LDR Section 2,4.7{G).
He stated if a horns leases, rents, sub-leases asingle-family dwelling for more than six times a
year it would be in violation of this ordinance, Therefore, it would be a transient residential use
which would not be allowed pursuant to this ordinance.
At its meeting of May 18, 2009, the Planning and Zoning Board
considered the text amendment and recommended denial with a 5 to 0 vote (Glickstein and
Dowd absent). Mr. Dorling stated there was particular discussion about the impact of this
ordinance on seasonal rentals having an effect on not being able to lease or rent in a single-
family neighborhood. He stated it does and that is the intent of this ordinance. Staff
recommends approval.
Mayor McDuffie declared the public hearing open.
David Hawke, 121 Heather Lane, Delray Beach {Chair of the Code
Enforcement Board), stated Code inspectors are not allowed to go into units and noted that the
Code Enforcement Board has had a number of cases where duplexes have became tri-plexes and
duplexes that have became quadplexes. Mr. Hawke stated the inspectors 'are not allowed in to
determine the number of occupants unless they are invited by one ofthe persons renting the unit.
He stated they do charge the annual fee to landlords that rent out the units but at this time they
have no restrictions on the number of times they rent it out or the number of people. Mr. Hawke
stated that the Community Improvement Director would have to work in hand on how to get
access or haw to determine the actual number of occupants and the length of time for those
occupants.
Matthew Hartley, 2522 Ella Street, Delray Beach {President of the Woods of
Sauthrid~e), stated he has sober homes in his neighborhood and they advertise weekly rentals.
Mr. Hartley stated he supports everyl~iing the Commission is doing and thanked them for their
efforts,
Kim Morrison, 214 Beverly Drive, Delray Beach, stated they do have rentals in
their community and they were given notice that they had to allow Code Enforcement inspectors
into their rental units to access the unit for safety, cleanliness, exit signs, fire extinguishers, etc.
Ms, Morrison stated they had to let the inspectors into their home or they would have been fined.
She stated when you sign up to be a landlord and pay for the landlord permit they know who you
are, they know who they owners are, and they know how to access the units. Ms. Morrison
stated it may be a little difficult for them to get an actual count of how many people are living
there. She stated it was not just the sober house that was a problem but there were a bunch of
girls living together that would party regularly on their street and throw their boxes of beer
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0?l0?109
bottles in everybody's yards and tear up people's yards, Ms. Morrison stated that Code
Enforcement is allowed in the hauses and they do know who the owners are,
Al Jacquet, 236 S.E. 3`d Avenue, Delray Beach, stated the transient homes are
already permitted in the R:M (Medium Density Residential) districts and are currently allowed in
the single-family districts so what the City is proposing is prohibiting them in the single-family
district and allowing them to continue in the RM districts. Mr. Jacquet feels this will create an
influx of transient homes and transient housing within the RM districts. He asked where the RAM
districts are located and who lives there. Mr. Jacquet stated this will better the neighborhoods in
the single-family neighborhood but it is probably going to increase a problem in the RM districts
for them. He thanked the Commission for tackling these ordinances.
Claudia Willis,160 Marine Way, Delray Beach, stated she lives and also awns
two rental properties in the R.M (Medium Density Residential) zoning district. Ms, Willis stated
they already have their share of sober houses and the problems that come with it and expressed
concern about not only getting an influx of saber houses but also about enforcement of them.
She urged the Corrzmission to Workshop this issue and see haw the City is going to enforce
these, Ms. Willis stated the entire City is going to move these sober hauses from one
neighborhood to another and expressed concern aver the lass of rights for the people in the
single-family district. She stated historically the entire beach was rentals and these people will
lose the right to do that not because of anything they have ever done wrong but because other
peaple are breakaing the rules.
Shannon Dawson, 521 North Swinton Avenue, Delray Beach (serves on the
Code Enforcement Board}, concurs with comments expressed by Mrs. Willis and if the
Commission passes this ordinance they will be bestowing a huge burden on the property rights of
every single homeowner in Delray Beach. Ms. Dawson stated she commends the Commission
on their previous decision as it relates to family and believes that this combats the entire problem
that we are looking at in terms of sober houses and the problems that are being caused in single-
family neighborhoods. Ms. Dawson stated she owns a business called "Destinations" and she
helps peaple integrate rota this City as one family and if there are additional members it would
be a caregiver. She stated they came to Delray Beach to integrate into the community and if the
City were to narrow dawn the changeover of rentals to six {6) times a year it will hurt
economically the property owners and destroy a gaol chunk of our tourism. Ms. Dawsan urged
the Commission to reconsider this ordinance.
Joann Peart, 107 N.W. 9`" Street, Delray Beach, stated David Henninger
informed her that Indialantic (small town near Melbourne) has two (2) unrelated persons and a
tourist zone that runs along the beach which allows far tourist rentals. Mars. Peart suggested that
the Commission could work with the Beach Property Owners Association {BPOA) at a later time
if three (3) unrelated persons becomes a problem. She supports the ordinance and urged the
Commission to approve it.
.Marv Reanauit, 101'7 Bucida Road, Delray Beach (Realtor}, stated she has
been renting to peaple for ten { i 0) years either seasonally or annually sa twice is enough, She
stated the BPOA supports the Commission.
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47/07109
There being no one else from the public who wished to address the Corrunission
regarding Ordinance No. 29-9, the public hearing was closed.
1~rlr. Eliopoulos stated this is all about zoning and he does not believe that
transient rental use is appropriate in single-family zoning. He stated he did support the six (6)
months because he felt as a seasonal rental community there are at least six (6) months that are
their high priority months (November-April). Mr. Eliopoulos stated the way this is written staff
is providing reasonable acconunodations andlor options for waivers and noted that there are
things that are put in this ordinance to work with the citizens of Delray Beach.
Mr. Frankel concurs with comments expressed by Commissioner Eliopoulos;
however, although he feels that four (4) times is enough but he will support the six (6).
Mr. Bernard asked if there is a way to include the ordinances in the landlord
application. He expressed concern that when the landlords come to the City to apply for a permit
for them to know that you only can have three (3) unrelated individuals in the home and that way
it is spelled out.
Terrill Pyburn, Assistant City Attorney, stated under the next ordinance that is
proposed to come before the Commission that is proposed to be added into the landlord permit
application that the landlord prove that no more than three {3) unrelated persons shall reside in
the unit as defined in Appendix "A" of the LDRs.
Mayor McI)uffie asked if the ordinance addresses turnover. Ms. Fyburn stated
the ordinance does address this issue and also suggests that if you are a transient rental you also
have to apply for an occupational business license as well.
Mr. Eliopoulos moved to adopt Ordinance No. 29-49 on Second and FINAL
Reading, seconded by 1V.lr. Frankel. CTpon roll call the Commission voted as follows: Mayor
McDuffie -- Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Fracikel -Yes; Mr. Bernard -
Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 30-09 (SECOND READINGISECOND PUBLIC
IIEARINGl: Consider achy-initiated amendment to Chapter 117 of the Cade of Ordinances,
"Landlord Permits", Section 117.01, "Fermit Required", to clarify when a permit is required;
Section 117.43, "Approval of Application", to provide additional requirements; Section 117.04,
"Appeals", by renaming it "Denial or Revocation of Permit Application; Appeals", Section
117.05 "Inspection", to provide for inspection with a warrant; enacting a new Section 117.46
"TenantlOccupant Eviction", to ensure notice and due process rights are followed or alternate
housing is provided; and, enacting a new Section 117.47 "Severability", to provide for
severability.
The caption of Ordinance No. 34-09 is as follows:
AN ORDINANCE OF THE CITY COIU111~IISSION OF THE CITY
28
47107!49
OF DELRAY BEACH, FLORIDA, AMENDING CF[APTER 117,
"LANDLORD PEPIVIITS", OF TIIE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 117.01, "PERIVIIT REQUIRED", TO CLARIFY
WHEN A PERMIT IS REQUIlZED; AMENDING SECTION
117.03, "APPROVAL OF APPLICATION", TO PROVIDE
ADDITIONAL REQUIREMENTS; AMENDING SECTION
117.04, "APEALS", BY RENAMING IT "DENIAL OR
REVOCATION OF PERIVIIT APPLICATION; APPEALS"; AND
AMENDING SECTION 117.05, "INSPECTION", TO PROVIDE
FOR INSPECTION WITH A WARRANT; ENACTING A NEW
SECTION 117.06, "TENANT/OCCUPANT EVICTION", TO
ENSURE NOTICE AND DtTE PROCESS RIGHTS ARE
FOLLOWED OR ALTERNATE HOUSING IS PROVIDED;
AND ENACTING A NEW SECTION 117.07,
"SEVER:.ABILITY", TO PROVIDE FOR SEVERABILITY;
PROVIl~ING A SAVING CLAUSE, A GENEI3:AL REPEALER
CLAUSE, AND AN EFFECTNE DATE.
{The official copy of Ordinance No. 30-09 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 aCity-initiated
amendment to the City's Code of Ordinances to amend certain sections of the landlord permits.
Mr. Dorling stated this provides for applications to be approved by the Community Improvement
Director and that the applicant must show that no more than three {3) unrelated persons reside in
the leased unit, they must submit an annual permit fee of $50.00 per unit, provide proof that the
applicant's property is not in violation, prove that sales taxes for rentals less than 6 months have
been paid, provide local business tax receipt and obtain rentals and subleases if you rent more
than six (6} times a year. He stated it also provides for a copy of Chapter 83, Florida Statutes, as
it relates to evictions and it requires that if you are exempt from that you provide 48 hour notice
of eviction in writing to the tenant and provide that tenant an alternate temporary dwelling unit
for 48 hours to reduce homelessness and crime,
At its meeting of May 18, 2009, the Planning and Zoning Board recommended
approval with a 5 to 0 vote. However, the Board requested that LDR Section 117A3(A)(4) and
LDR Section 117.03(A}{8) be stricken and these sections relate to the definition of family and
transient residential uses and suggested that the annual permit fee of $50,00 be increased with the
final fee to be detencnined at the Commission's discretion.
Mayor McDuffie declared the public hearing open.
29
07/07!09
Pat Archer, 380 Sherwood Forest Drive, Delray Beach, stated she hopes that
this ordinance will provide the City with some ability to enforce the other ordinances particularly
as it applies to landlord rentals. Mrs. Archer stated erifarcement has been the biggest issue that
the City has had to deal with. She asked if it is possible for the City under this ordinance to
revoke a rental permit. Mrs. Archer stated the ordinance also states "to provide far inspection
with a warrant" and she would hope that with enough complaints that there would be the ability
to enter a premise to find out what is going on. She stated a Code Enforcement Officer may
came by a neighborhood where there are 5, 7, or $ people living and provides a notice, Mrs.
Archer stated many of those people work during the day and come 6:00, 7:00, 8:00 p.rn. or even
10:00 p.m., the cars start filling up in the neighborhood. She requested that the City send a Cade
Enforcement officer there between 8:00-9:00 p.rn. they will see that there are a lot more cars in
that neighborhood. Mrs. Archer expressed concern over homestead fraud and suggested that the
homestead fraud telephone number be-placed in the City's newsletter and on the City's website
so that it is easily accessible. She also suggested that the City work with the County to get a
monthly report on those reports that have been given to the County about homestead fraud use.
Carolyn Zimmerman, 212 S.W. 2n~ Avenue, Delray Beach, stated the City
needs to either hire more people or ask citizens to came forth and help Cade Enforcement. Miss
Zimmerman stated she knows that these are crack houses and not sober houses because it comes
back and forth every day. She stated there must be a better way to go and look at the properties
that do have these permits or don't have these permits and ask for help from the citizens.
Kim Morrison, 214 Beverly Drive, Delray Beach, stated the ordinance states
that they have 12 months or the end of their lease to comply and asked whose lease the City is
referring to and who will this actually affect.
.Mayor McDuffie stated this is a great question for the City Attorney to give Ms.
Morrisan the interpretation of the ordinance and explained that with same rental properties
typically there is no instrument between the owner and the renter (i.e. lease document).
Matthew Hartley, 2522 Ella Street, Delray Beach {President of the 'Woods of
Southrid~e), expressed concern over the enforcement issue and stated if the City did come up
with a Cade Enforcement Volunteer effort he will be the first to join and would be happy to be
involved in it. Mr. Hartley stated he would like to explore this with 7ennifer Castello,
Neighborhood Planner and Lula Butler, Director of Community Improvement.
There being no one else frarn the public who wished to address the Comrnission
regarding Ordinance No. 30-09, the public hearing was closed.
Mr. Darling stated regarding the question about whether permits could be denied
landlord permits can be denied if the application is incomplete, the fee has not been paid, false
information is provided, the use is not permitted in the zoning district, and the applicant's permit
has been revoked in the last 12 months. Therefore,lVlx. Dorling stated there is an ability to deny
the landlord permits.
30
0'7/0'7109
The City Manager stated there is also a provision for revoking permits for
violation of City ordinances.
Temll Pyburn, Assistant City Attorney stated the provision with regards to the
revocation provides that if you have mare than three code violations in a year you can have your
landlord permit revoked for 12 months and cannot reapply. Ms. Pyburn stated with regards to
access to the property staff can inspect with warrants; however, these warrants cost money and
you have to have probable cause and this would have to be looked at as a case-by-case basis.
She stated with regards to Ms. Morrison's concern pertaining to the leases, the ordinances
provide that they would take effect immediately; however, you have 12 months or the expiration
of the current existing lease whichever comes first. Ms. Pyburn stated if there is not an existing
lease that is documentable or the City cannot prove it then they would go with the 12 month
period from the effective date of the ordinance whether the lease is month-to-month, verbal or
written.
Mr. Bernard stated if someone has conunitted homestead fraud can this be added
to the ordinance as Section 117.04{A)(6). Mr. Shutt stated he would feel better if we referred to
the County ordinance because there are certain County ordinances that cover the City. Mayor
McDuffie stated he believes that this would be regulated by the State Legislation.
Ms. Pyburn stated staff can revise Section 117.44{B)(1) to state "...,,state
landlordltenant laws.. , ." of the ordinance to say "state laws".
11?ir. Eliopoulos moved to adapt Ordinance No. 34-09 on Second and FINAL
Reading with the revision to LDR Section 117.04{B)(1} deleting "state landlordltenant laws" to
"state law", seconded by Mr. Bernard, Upon roll call the Commission voted as follows: Mr.
Eliopoulas -Yes; l~lr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie --
Yes. Said motion passed with a S to 0 vote.
11.A. City Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and inquiries.
11. From the Public.
None,
Readings.
At this paint, the time being 9;34 p.m., the Commission moved to Item 12, First
12. FIRST READINGS:
12.A. ORDINANCE NO, 37-09: Consider an ordinance amending Chapter 141,
"Parks, Beaches, and Recreation", by enacting a new Section 141.37, "Shark Fishing", to
prohibit shark fishing within three hundred feet of the municipal beach. If passed, a public
hearing will be held on July 21, 2449.
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The caption of Ordinance No. 37-09 is as follows:
r~~T ORDINANCE OF Tl`-~ CITY COI~LMISSION OF THE CITY
OF DELRAY BEACFI, FLOR.II~A, AMENDING CF[APTER 101,
"PA,RKS, BEACHES, A~1D RECREATION", BY ENACTING A
NEW SECTION 101,37, "SHA,RK FISHING", TO PROI~CIBIT
SHARK FISHING WITHIN TFCREE HUNDRED FEET OF THE
MUNICIPAL BEACH; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 37-09 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Terrill Pyburn, Assistant City Attorney, stated she is present for any questions the
Commission may have,
Mr. Eliapoulas briefly discussed the language in Section 1(D) "A11 accidental
shark catches must be cut base. Na landing or reeling in of sharks shall be allowed an the
municipal beach." Mr. Eliapoulos expressed concern that this language be rephrased because if
you catch a shark you wauld have to reel them in and bring them up on the beach and take the
hook out and release them. Ms. Pyburn stated staff will leave in the sentence that reads "Ail
accidental shark catches must be cut loose and eliminate the sentence that reads "No landing or
reeling in of sharks shall be allowed on the municipal beach."
Mr. Fetzer moved to approve Ordinance No. 37-09 on FLRST Reading, seconded
by 1Vlr. Eliopoulos. Upon roll call the Coznrnission voted as follows: Mr. Fetzer -Yes; Mr.
Frankel- Yes; Mr. Bernard -Yes; Mayor McI}uffie -Yes; I~lr. Eliopaulas -Yes. Said motion
passed with a 5 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public
Hearings portion of the Agenda,
9.F. FISCAL YEAR. 2009-2010 BUDGET DEVELOPIVIENT STATUS REPORT:
The City Manager stated this is looking at the City's budget and noted after his
first round of cuts he will go through and make the second round of cuts before bringing it to the
Commission. At this point, the City Manager stated the City is looking at a 1% increase over
mid-year and mid-year was a reduction from the beginning of the year budget. He stated in order
to keep the current millage the City would be over $ l0 million short on revenues. The City
Manager stated if the City Commission chose to go with the full rollback rate the City would still
be short revenues over $3.5 million. He stated there are things that cannot be cut such as pension
costs which are roughly $10 million and the bulk of the transfers are to the CRA. The City
Manager stated staff could eliminate all Capital Improvements and that would get the transfers
down to $10 million. Also, he stated there other casts such as debt service that cannot be cut
either, The City Manager stated out of the $100 million $25 million of it are things that cannot
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be cut so the remaining amount that you need to cut whether it is $3.5 million or $10 million has
to come out of the $75 million. The City Manager stated one of the things that staff plans to do
is to rank all the functions in the various departments and staff will bring that ranking to the
Commission and that will help staff in making some recommendations. He stated all the
departments have presented their recommendations on how they would cut their budgets by ten
percent (10%). The City Manager stated staff is trying to bring the Commission a menu of
options for how they might balance the budget at various levels. He stated if there is an
unadjusted calculation of the rollback millage it is at 7.383. The City Manager stated he
previously sent the Commission a figure of 7.4644 and that is the adjusted millage which means
it takes into account the fact that we did not levy the full millage that we could have levied last
year and it allows you to levy that additional millage this year which gets you up to 7.46. The
City Manager stated there is also a State personal income growth that you are allowed to increase
your millage by and if the Commission does this it would bring the millage to 7.65. Therefore,
the City Manager stated the maximum millage the City can levy with a simple majority vote is
7.6510 and the difference between the 7.38 and the 7.65 is $1.8 million in additional revenue.
The City Manager stated he wanted to outline in a public meeting the magnitude and the
challenge the City faces in trying to develop its budget.
9.G. DESIGNATION OF VOTING DELEGATE: Designate the voting delegate to
the Florida League of Cities' 83T Annual Conference to be held at the Marriott World Center in
Orlando, Florida on August 13-15, 2009.
The City Manager stated the City Commission needs to appoint a voting delegate
to the Florida League of Cities' 83rd Annual Conference. He stated Commissioner Frankel has
expressed interest in going and being the delegate.
Mr. Eliopoulos and Mr. Bernard stated they both support Commissioner Frankel
for voting delegate to the Florida League of Cities' 83rd Annual Conference.
Mr. Fetzer moved to appoint Commissioner Frankel as the City's voting delegate
to the Florida League of Cities' 83rd Annual Conference to be held, seconded by Mr. Eliopoulos.
Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor
McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
9.H. AGREEMENT/IMG WORLDWIDE, INC.: Consider approval of an
Agreement between IMG Worldwide, Inc., and the City of Delray Beach which provide for the
sale of sponsorships for two (2) Match Point events and the sale of the naming rights for the
Tennis Center.
Brian Shutt, City Attorney, stated this is an agreement with IMG to allow them to
have the exclusive right to sell the six (6) sponsorships that we have from the ATP World Tour
event as well as the ATP Champions Tour. Mr. Shutt stated at the last Commission meeting the
Commission approved an amendment to the Match Point Agreement that provided for the ATP
Champions Tour Event with the condition upon the Commission approving an agreement with
IMG prior to July 31, 2009. He stated the agreement provides fora 20% commission on the
naming rights or the sponsorship sales and three (3) year exclusivity for the right to market that.
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07/07/09
Mr. Eliopoulos asked when the two events will take place. The City Manager
stated the ATP World Tour event and the ATP Champions Tour event will overlap. Mr.
Eliopoulos expressed concern whether or not Delray Beach can handle these two events with
regards to staffing. The City Manager stated the City will basically keep the same staffing level
the whole time and he does not foresee this increasing the City's staffing burden.
Mayor McDuffie stated after the agreement with IMCr has terminated but within
12 months of such termination IMG shall be entitled to the 20°lo commission. Mr. Shutt stated
the City has had this same time period in prior naming rights agreements. Mayor McDuffie
stated it's essential if IlVIG brings the purchaser to the table then they benefit from that.
I1rlr, Bernard moved to approve the Agreement between IMG Worldwide, Inc. and
the City of Delray Beach for the sale of sponsorships for two (2) Match Point events and the sale
of the naming rights for the Tennis Center, seconded by ~rlr. Frar~Icel. Upon roll call the
Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; 1Vlr. Eliopoulos -
Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote.
9.I. SPECIAL EVENT REQUESTI6TH ANNUAL FAMILY FUN DAY AT
POMPEY PARK.: Consider approval of a special event request for the 6 Annual Family Fun
Day at Pompey Park produced by the Parks and Recreation Department; and authorize staff
support for security, trash removal and clean up assistance, trash boxes, use of the large City
stage, City generator use, and preparation and installation of event signage; with the condition
that the event is held for one (1) day on July 25, 2009 from 4:00 p.rn. to 9:00 p.m.
Doug Smith, Assistant City Manager, stated this item is a request for the 5th
Annual Family Fun Day at Pompey Park produced by the Parks and Recreation Department
proposed to be held July 24-25, 2009 at Pompey Park from 4:00-11:00 p.m. The Commission is
also requested to approve staff support for security, trash removal and clean up assistance, trash
boxes, use of the large City stage, City generator use, and preparation and installation of event
signage.
I1rlr. Smith stated the event will include a talent show, food and non-food vendors,
entertainment, games and motivational speakers. Parks and Recreation staff will be responsible
for overall event management, vendor approval and other site management tasks. The estimated
costs for the event are $'T,200.00 and since this is a City sponsored event there are no charges for
City services or equipment although the City would be providing our staff and any related
overtime would apply. Mr. Smith stated this has been a one day event in the past and was
budgeted for one day which is about half the estimated costs. Also, staff has a concern of
running the event until 11:00 p.m. Therefore, staff is recommending a one (1} day event with
hours of 4:00 p.m. to 9:00 p.rn. on Saturday, July 25, 2009, Parks and Recreation has requested
an ending time of 10:00 p.m.
David Ricks, Recreation Supervisor UP'arks and Recreation Department,
stated the event has been held for the last six (6) years and for the past three (3) years the event
has been running from 4:00 p.m. until 11:00 p.rn. Mr. Ricks stated families come out to the
event after 5:00 p.m. when the sun is starting to go down. He stated with regard to the parking
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07/07/09
they utilize Spady Elementary School parking and they barricade N.W. 10th Street from 2na to 3ra
to eliminate any backlog of cars so they have a pretty good flow of traffic around the site. Mr.
Ricks stated there have been no major issues in the past and they would love to continue to
operate this event.
Mayor McDuffie stated the Commission has agreed to open this item up to the
public. At this point, Mayor McDuffie declared the public hearing open.
Rhonda Miller, 117 N.W. 11th Avenue, Delray Beach, asked why the time of
this event is being restricted. She understands that is a residential neighborhood but it is for the
residents of that neighborhood and the surrounding neighborhoods. Ms. Miller stated to hold the
even from 4:00 p.m. - 9:00 p.m. is not long enough because the talent show alone will take at
least 1% hours and there will be vendors, etc at the event as well. She stated people are trying to
represent something positive for the community and to create a positive environment.
Elizabeth Ta for 106 S.W. 6th Avenue Delra Beach thanked the
Commission for considering the Family Fun Day at Pompey Park. She stated she is a parent of
one of the children who will be showcasing their talents on this day and she urged that the
Commission extend the timeframe until 11:00 p.m. Ms. Taylor stated it will be hard for those
parents who do not get off work until 5:00 p.m. to come see their children. She stated it is hard
for a vendor to make any profit and the money that will be made in the park will go to Pompey
Park. Ms. Taylor urged the Commission to extend the hours of the Annual Family Fun Day from
4:00 p.m. to 11:00 p.m. versus 4:00 p.m. to 9:00 p.m.
Julie Pierre, 835 S.E. 3~d Avenue, Delray Beach, stated she is one of the parents
of one of the talented kids that will be showing their talent on Saturday, July 25, 2009 and she
does not feel that 9:00 p.m. is enough time for the children to be able to show their talent and be
able to enjoy the day. Ms. Pierre expressed concern that the time should not be restricted for the
event and stated that the vendors make profit for the recreation center which is good for the
children.
Chuck Ridley, 210 N.W. 2"d Avenue, Delray Beach, stated they agree with the
event being held for one day; however, he urged the Commission to extend the event past 9:00
p.m. Mr. Ridley asked the Commission to check their records to see if there is anything that
substantiates that the residents in that neighborhood are complaining about Family Fun Day
having a negative impact on the neighborhood. He stated Pompey Park is a special site in the
community and the youth are the most valuable possessions and this is one of the places where
they really get a chance to develop and one of the chances they get to be showcased is on Family
Fun Day. Mr. Ridley stated July is a very hot month so most people do not get out until about
7:00 p.m. He stated the Pompey Park staff is being innovative and feels the event hours have
been reduced substantially already from what it was in the past. Mr. Ridley stated the last hour
or two are very important for the success of this project and urged the Commission to consider
the success of the event and extend the event to 10:00 p.m. or 11:00 p.m.
Rose Hendrix, 318 N.W. 12th Avenue, Delray Beach, stated she does not recall
a lot of residents in the community complaining about this event and feels this is a very
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07/07/09
successful event.
Secondly, Ms. Hendrix stated on July 2, 2449 the After Care Program went on a
field trip to the Rapids Water Park and both her children attended. She stated her son
Christopher Hendrix lost his glasses in the lazy river and immediately went to Shara Self,
Recreation Supervisor II, After SchooUCamps, and informed her that he accidentally lost his
glasses. Ms. Self advised her nine year old son that he was to go over and look for those glasses
himself. Ms, Hendrix stated her son in flan sat down and started to cry when a stranger
approached him and asked him why he was crying. Ms, Hendrix stated her son informed her that
he lost his glasses in the lazy river and this stranger, her daughter and her daughter's friends went
to look for her son's eyeglasses in the lazy river. Ms, Hendrix stated she questions the ability of
some of these recreation leaders that are supervising the children in the Summer Camp and feels
that the City needs more competent people working with children and that the incident at the
Rapids was not handled appropriately. Ms. Hendrix stated she brought several other concerns up
to Rodger Ribeiro, Recreation Superintendent, and Linda Karch, Director of Parks and
Recreation, and has spoken to Mayor McDuffie on another issue as well. Ms, Hendrix stated her
son, who is currently going into 6th grade, was placed in groups for the past four years with 5th
graders. She stated he has been with these kids for the past four years and does not understand
why all of sudden he is placed in a camp group with 3r~ and 4th graders. Ms. Hendrix stated that
parents need to be provided with documentation as to the rules and regulations of this camp and
how certain situations are looked into, She stated her son losing his glasses and not being
assisted appropriately by a counselor that is supposed to be in charge of all of the children is
unacceptable.
Mayor McDuffie stated staff s recommendation is to hold the event until 9:04
p.m, and Parks and Recreation is asking that the event be extended to 14:44 p.m. Mr. Eliopoulos
asked if the City has received any complaints.
Linda Karch, Director of Parks and Recreation, stated she attended last year and
she never received any complaints and the event was held until 11:44 p,m,
The City Manager stated Lula Butler, Director of Community Improvement,
stated there have been complaints with the Roots Festival but not from Family Fun Day.
Mr. Bernard moved to approve the Special Event Request for the 6th Annual
Family Fun Day at Pompey Park to be held one {1}day on July 25, 2449 from 4:44 p,m. to 11:44
p.m., seconded by IV[r. Eliopoulos, Upon roll call the Commission voted as follows: Mayor
McDuffie -Yes; Mr. Eliopoulos -Ices; Mr, Fetzer -Yes; Mr, Frankel -Yes; IV[r. Bernard -
Yes. Said motion passed with a 5 to 0 vote.
9_J. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT
AUTHORITY: Appoint one {1} regular member to the Downtown Development Authority
(DDA} to serve a three {3} year term ending July 1, 2012. Based upon the rotation system, the
appointment will be made by Commissioner Eliopoulos (Seat #1).
11rIx, Eliopoulos moved to reappoint David Cook as a regular member to the
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4714?f 49
Downtown Development Authority (DDA) to serve a three (3) year term ending July 1, 2012,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr, Eliopoulos -Yes;
~?ir. Fetzer -Yes; Mr. Frankel -Yes;11!1x. Bernard -Yes; Mayor McDuffie -Yes. Said motion
passed with a 5 to 0 vote,
9.K. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint one (1} regular member to the Delray Beach Housing Authority to serve a four {4) year
term ending July 14, 2413. Based upon the rotation system, the appointment will be made by
Commissioner Frankel (Seat #3}.
Mr. Frankel moved to appoint Shelly Petrolia as a regular member to the Delray
Beach Authority to serve a four (4) year term ending July 14, 2013, seconded by Mr. Bernard.
Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr.
Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0
vote.
9.L. APPOINTI~~ENTS TO THE EDUCATION BOA,R.D: Appoint six (b) regular
members to the Education Board for two (2) year terms ending July 31, 2011, Based upon the
rotation system, the appointments will be made by Commissioner Frankel (Seat #3),
Commissioner Bernard (Seat #4}, Mayor McDuffie {Seat #S), Commissioner Eliopoulos (Seat
#1), Commissioner Fetzer (Seat #2) and Commissioner Frankel (Seat #3).
Mr. Frankel moved to reappoint Sandra Tobias as a regular member to the
Education Board for a two (2) year term ending July 31, 2011, seconded by Mr, Bernard. Upon
roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. $ernard -Yes; Mayor
McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote,
Mr. Bernard moved to reappoint Perry Stakes as a regular member to the
Education Board far a two (2} year term ending July 31, 2011, seconded by Mr. Eliopoulos.
Upon roll call the Comnalsslon voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes;
iir[r, Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes, Said motion passed with a 5 to 0
vote.
Mayor McDuffie stated he wished to reappoint Peter Raycroft as a regular
member to the Education Board for a two (2) year term ending July 31, 2011. Mr. Frankel so
moved, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor
McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mx. Frankel -Yes; Mr. Bernard -
Yes. Said motion passed with a 5 to 0 vote.
Itirlr. Eliopoulos moved to reappoint Melanee Blankstein as a regular member to
the Education Board for a two (2) year term ending July 31, 2011, seconded by Mr. Frankel.
Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; 1Vlr. Fetzer -Yes; Mr.
Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0
vote.
Mr. Fetzer moved to reappoint Catherine DeMatto as a regular member to the
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Education Board for a two (2) year term ending July 31, 2011, seconded by Mr. Eliopoulos.
Upon roll call the Commission voted as follows: Mr. Fetzer -Yes, Mr. Frankel -Yes; Mr.
Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a S to 0
vote,
Mr. Frankel moved to appoint Theodore Berman as a regular member to the
Education Board for a two (2) year term ending July 31, 2011, seconded by Mr. Eliopoulos.
Upon roil call the Commission voted as follows: Nir. Frankel -Yes; Mr. Bernard -- Yes; Mayor
McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
9.M. APPOINTMENTS TO TFCE POLICE ADVISORY BOARD: Appoint one (1)
regular member to serve an unexpired term ending July 31, 2010 and two {2} regular members to
the Police Advisory Board for two {2) year terms ending July 31, 2011. Based upon the rotation
system, the appointments will be made by Commissioner Frankel {Seat #3) for one {l) regular
member to serve an unexpired term, Commissioner Bernard {Seat #4) and Mayor McDuffie (Seat
#5) for two (2} regular members to serve two {2} year terms.
Mr. Frankel moved to appoint Victor Kirson as a regular member to the Police
Advisory Board to serve an unexpired term ending July 31, 2010, seconded by Mr, Eliopoulos.
Upon roll call the Commission voted as follows; Mr. Bernard -Yes; Mayor McDuffie -Yes;
Mr. Eliopoulos -Yes; Mr, Fetzer -Yes; Mr. Frankel -Yes, Said motion passed with a 5 to 0
vote.
Mr. Bernard moved to reappoint Regine Celestin as a regular member to the
Police Advisory Board for a two {2) year term ending July 31, 2011, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Nlr.
Eliopoulos -- Yes; Mr. Fetzer -Yes; Mr, Frankel -Yes; lUir. Bernard -Yes. Said motion passed
with a 5 to 0 vote.
Mayor McDuffie stated he wished to reappoint Jason Dollard as a regular member
to the Police Advisory Board to serve a two {2) year term ending July 31, 2011. Mr. Frankel so
moved, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Zvir.
Eliopoulos --Yes; Mr. Fetzer -Yes; Mr, Frankel -Yes; lt?ir. Bernard -Yes; Mayor McDuffie -
Yes. Said motion passed with a 5 to 0 vote.
9.N. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint
four (4) regular members to the Public Art Advisory Board to serve two (2} year terms ending
July 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner
Frankel {Seat #3}, Comrissioner Bernard (Seat #4), Mayor McDuffie (Seat #5} and
Commissioner Eliopoulos {Seat #1).
Mr. Frankel moved to appoint Sharon Koskoff as a regular member to the Public
Art Advisory Board to serve a two {2) year term ending July 31, 2011, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -- Yes; Mr. Frankel -
Yes; 1V1r. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed
with a S to 0 vote.
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Nir. Bernard moved to appoint A.rmette Gray as a regular member to the Public
Art Advisory Board to serve a two (2) year term ending July 31, 2011, seconded by IVIr.
Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -
Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with
a 5 to 0 vote.
Mayor McDuffie stated he wished to defer his appointment to the next regular
meeting of July 21, 200}.
Mr, Eliopoulos moved to reappoint Robert Currie as a regular member to the
Public Art Advisory Board to serve a two {2} year term ending July 3l, 2011, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie
- Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -- Yes. Said motion passed with a 5
to 0 vote.
9.0. RESOLUTION NO. 30-09: Consider adoption of Resolution No. 30-09 urging
the Boards of the City's pension funds to operate consistent with the "Protecting Florida's
Investment Act", (AL?.D~1YDt7~I}
The caption of Resolution No. 30-09 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, URGING THE BOARDS OF
THE CITY'S PENSION FUNDS TO OPERATE
CONSISTENTLY WITH T"IIE "PROTECTING FLORIDA'S
II~TVES'T`MENT ACT".
(The official copy of Resolution No. 30-09 is on file in the City Clerk's office.
The City Manager stated State law requires that the City apply the same standards
to the General Employees Pension Board as far as investments in companies that are involved
with Iran or Sudan and they need to divest themselves of any investments involved with those
two countries. The City Attorney stated this resolution is urging the City's Pension Boards to
adapt those standards.
Mr. Frankel moved to approve Resolution No. 30-09, seconded by Mr, Bernard.
Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes;
Mr, Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote,
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. ~ity Manager
The City Manager stated the County is updating their dangerous dog ordinance.
He stated previously a dog could not be declared dangerous for attacking another animal until the
second attack and they are changing that so that it can be declared dangerous after the first
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attack.
Secondly, the Palm Beach County League of Cities has created an Adhoc
Elections Committee and Chevelle Nubin, City Clerk is one of the members of that committee to
work with the Supervisor of Elections office to try to minimize expenses and make the City's
election process go more smoothly. The City Manager stated the Supervisor of Elections office
intends on shifting costs to the municipalities.
The City Manager stated there were a couple of legal items brought to the City's
attention by the League of Cities attorney and noted that there was an Attorney General's
opinion that notes taken at a Commission Meeting are not a public record unless they are shared
but it you have hand written notes and you share them with another Commissioner they are a
public record. The City Manager stated there is also a court case currently underway in Broward
County concerning whether text messages during Commission meetings are public record or not.
Lastly, the City Manager stated Mr. Barcinski's son-in-law is not expected to live
through the week,
13.B. City Attorney
The City Attorney had no comments and inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mr. Frankel
Mr. Frankel stated last week he was invited to speak at the Dori Slosberg event.
He stated last week the prirriary enforcement of the seatbelt law went into effect and
approximately 604 police officers from Palm Beach County were there on behalf of Delray
Beach. Mr. Frankel stated he gave a brief speech. Mr. Frankel stated he recognized Vinnie Gray
and the other officers that were there that night and elected officials such as Steve Abrams,
Shelley Vaasa, and Burt Aaronson.
Secondly, Mr. Frankel stated he was asked by a resident about the mosquito issue
that we have been having and who they should call because they are getting attacked by
mosquitoes. He stated the County referred them to the City. Mayor McDuffie stated they would
need to call Mosquito Control with Palm Beach County.
13.C.2. Mr. Bernard
I1rIr, Bes~nard stated Independence Day an Saturday was great. He stated he had
the opportunity with Mayor McDuffie and Commissioner Fetzer to judge the beautiful baby
bathing suit contest and the bicycle contest. Mr. Bernard suggested that there be better
acconunodations for the judges as it was extremely hat.
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13.0.3. Mr. Fetzer
Mr. Fetzer stated he received an email from Bob Victoria from BPOA and read
this into the record. lUlr. Fetzer asked the City Manager to provide suggestions for the Charrette,
13.0.4. Mr. Elio op silos
Mr. Eliopoulos congratulated Commissioner Bernard on his announcement for
running for the State House of Representatives District #84.
Secondly,l~r.[r. Eliopoulos stated he received a telephone call from Sharon Badwin
and she has several issues. He stated one of her concerns in particular is the grass that the City
plants and that the City is not actually doing things that are drought tolerant. Mr. Eliopoulos
stated Ms. Badwin also expressed concern in haw we are doing the medians and that lights be
installed in the Osceola Park neighborhood before she passes away. He stated he not sure where
the City stands regarding the budget and how the City is actually putting that into the program.
Lastly, Mr. Eliopoulos congratulated the Brian Shutt, City Attorney and Terrill
Pyburn, Assistant City Attorney for their work on the transient ordinances.
13.0.5, Mayor McDuffie
Mayor McDuffie stated Dana Donaty who is on the Public Art Advisory Board
called him yesterday and noted that there is a wand renowned artist by the name of Ytzhak Asher
who has had art displayed in Coconut Grave, South Beach, and Mizner Park. Mayan McDuffie
stated Mx. Asher has had two pieces of artwork that he has personally seen in front of the Kravis
Center, Mayor McDuffie stated these are large bronze sculptures and Mr. Asher would like to
put one of these bronze sculptures on display in Delray Beach. The value of the bronze work is
about $740,000.00. Mayor McDuffie stated Mr. Asher is locking to put the piece here far a year
ar two at no cast to the City. Mr. Asher will pay far the delivery, the crane, and the base to set it
on and requests that the City provide the lighting to light it at nighttime and deal with the liability
insurance. Mayor McDuffie stated this piece is under Gallery One and is tremendous artwork,
Mayan McDuffie stated Mr. Asher wishes to continue that with a full show of his work in Old
School Square indoors and outdoors as well. Mayor McDuffie stated he spoke to Jae Gillie
about it who indicated he could not pull it off this quickly. Mr. Asher stated if the City cacuaot do
it he understands that and he would like to come back and put the full show on during the season.
Mayan McDuffie stated he is lacking at other alternatives far 11r1r, Asher and promised that he
would get back with him.
Secondly, Mayor McDuffie stated Harald Van Arnem has been working with a
company called the Digital Divide for quite some time now and it has gained quite a bit of
traction. Mayor McDuffie stated it is now a project that Inforrnatian System Services in Palm
Beach County is working an. He stated they have already placed transceivers on our public
safety tower and an all the microwave tower pales at Spady, Atlantic High Schaal, and Village
Academy, He stated this is a meeting like in the past where companies have discussed wireless
41
07107J09
and noted that there is a cost to this and the City will ultimately have to pay the cost unless the
City can find donors to support the project. Mayor McDuffie stated it would behoove the City to
invite the County to give a presentation at a Workshop Meeting. The City Manager suggested
that this be placed on a Workshop Meeting in August.
Mayor McDuffie stated the 4th of July was great. He concurs with Commissioner
Bernard that they need to make accommodations for the judges and in addition to the chairs and
umbrellas they need a golf cart to get back and forth between Veteran's Park and A-1-A. Mayor
McDuffie stated he received one complaint through email about the time it took for someone to
get home but other than that everyone had nothing but positive things to say.
There being no fiu~ther business, Mayor McDuffie declared the meeting adjourned
at 14:34 p.m.
City Clerk
ATTEST:
MAYO
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on July 7, 2049,
which Minutes were formally approved and adopted by the City Commission on August 4, 2449.
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,
42
47/47!49
IN THE CITY C{JMMISSIt)N
CHAMBERS OF THE CITY {~F
DELRAY BEACH, FL~}RIDA
WAIVER REQUEST FOR ATLANTIC PUBLIC PLAZA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The waiver request regarding a sight visibility triangle for the Atlantic
Public Plaza Project has come before the City Commission on July 7, 2009.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the Project, All of
the evidence is a part of the record in this case. Required findings are made in
accordance with Subsection I.
I. WAIVER:
Pursuant to LDR Section 4.6.14(A}(2}, the required sight visibility triangle at the
intersection of Atlantic Avenue and SW 5~' Avenue is 40 feet. The applicant has
proposed a sight visibility triangle of 18 feet due to the encroachment of the public art
display area. The applicant has submitted a waiver request to allow an 18 foot sight
visibility triangle rather than the required 40 foot sight visibility triangle .
Pursuant to LDR Section 2.4.7{8}(5}, prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver.
{a} Shall not adversely affect the neighboring area;
{b} Shall not significantly diminish the provision of public facilities;
(c} Shall not create an unsafe situation; and,
{d} Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Would a waiver to Section 4.6.14(A)(2) reducing the sight visibility triangle from 40 feet
to 18 feet comply with the requirements of 2.4.7(8}(5}?
Yes X No_~
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the odginal development application was
submitted and finds that its determinations set forth in this order are consistent with the
Comprehensive Plan.
1
Juty 7, 2009 Cify Commission Meeting; Ifem 9.A.
s
4. The City Commission finds there is ample and competen# 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.
S, Based on the entire record before it, the City Commission approves or
denies the waiver request to LOR Section 4.fi,'14(A)(2).
Approve Deny
X
6. Based on the entire record before it, the City Commission hereby adopts
this Qrder this 7~' day of July, 2009, by a vote of ~ in favorer 0~ opposed.
ATTEST;
S.
Cheveile Nubin, City Clerk
2
July 7, 20119 City Commission Meeting; Item 9.A.