09-22-09 Regular Meeting MinutesSEPTEMBER 22, 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 6:05 p.m., Tuesday, September 22, 2009.
1. Roll call showed:
Present - Commissioner Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Mayor McDuffle.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor McDuffie stated with regard to Item 8.T., Amendment No. 2 to
the Agreement/eCIVIS, INC., of the Consent Agenda, the two amendments in the
Muni-Agenda are both invalid. The correct Amendment {#2} is on the dais. Mayor
McDuffie stated on page two the maintenance and support had been stricken from this
and that was an error and has now been reinstated into Amendment #2.
Also, Mayor McDuff e noted the addition of Item 9.J., Interlacal
A reementlCommunit Redevelo meat A enc for Fundin of
ConstructionlProfessional Services to the Consent Agenda by addendum and Item
12.A., Ordinance No. 55-09 to the Agenda by addendum.
Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Fetzer ---Yes; Mr. Frankel --
Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion
passed with a 5 to 0 vote.
09/22/09
5. APPROVAL OF MINUTES:
Mr. Fetzer moved to approve the Minutes of the Workshop Meeting of
September S, 2009, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -
Yes; Mr. Fetzer -Yes. Said ~xaotion passed with a 5 to 0 vote.
Mr. Frankel moved to approve the Minutes of the Regular Meeting of
September 10, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted
as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer
-Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Pla Da -October 3 2009
Linda Karch read a proclamation hereby declaring Saturday, October 3,
2009 as "A Play Day in the City of Delray Beach". Linda Karch gave a few brief
comments. Mayor McDuffie presented the proclamation to Ms. Karch.
6,B. Abbey_Delray's Renewal and Re-Commitment Week -October 4-10,
2009 ~ ~ ~ ~ .~
Mayor McDuffie read and presented a proclamation hereby proclaiming
the week of October 4, 2009 through October 10, 2009 as "Abbey Delray's Renewal and
Re-Commitment Week". Shawn Perrigo, Executive Director of Abbey Delray, gave a
few brief comments.
7. PRESENTATIONS;
7.A. S ecial Reco nition Award -Bud et Task Force
Mayor McDuffie stated the City has had a group of people that are very
committed to the City of Delray Beach working for two years on assisting the
Commission on finding things in the Budget that they would never have found on their
own. Mayor McDuffie thanked the Finance Director and the Finance Department for
working hand-in-hand with the Budget Task Force and facilitating what they did. Mayor
McDuffie stated the effort was tremendous and the final deliverable product was 98
pages and identified approximately $4'/z million worth of savings that are possibly
attainable. Some of those are through union negotiations and other areas that we cannot
immediately address. Mayor McDuffie stated the Budget Task Force showed dedication,
perseverance in the clear and concise way in which the report was written to the
Commission and he thanked the Budget Task Force members for their service to the City
of Delray Beach.
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09/22/09
Conunittee Members
ranklin Wheat ~Chairrx~an
Howard Ellingsworth ice Chairman
eter Arts
incept Dole
~I'odd L'Herrou ~
lexander Simon
obert Moore
ames Smith Alternate
...........................................................................
ark Denkler lternate
Frank Wheat gave a few brief comments. Jim Smith also thanked Mayor
McDuffie and the City Commission for creating the Budget Task Force.
S. CONSENT AGENDA: City Manager Recommends Approval.
8.A. RE VEST FOR SIDEWALK DEFERR.AI~1213 KINGS LYNN
ROAD: Approve a request to defer the installation of a sidewalk along Kings Lynn Road
and Aylesbury Road for the property located at 213 Kings Lynn Road.
S.B. RESOLUTION NO. 43-09: Approve Resolution No. 43-09 supporting
the petition filed by the Florida Stormwater Association with the Florida Department of
Environmental Protection for rule-making to amend Florida water quality standards by
revising existing water body classifications to provide new and more appropriate
beneficial uses and use expectations.
The caption of Resolution No. 43-09 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SUPPORTING
THE PETITION FOR RULE-MAKING TO AMEND
FLORIDA WATER QUALITY STANDARDS BY
REVISING EXISTING WATER BODY
CLASSIFICATIONS TO PROVIDE NEW AND MORE
APPROPRIATE BENEFICIAL USES AND USE
EXPECTATIONS, FILED BY THE FLORIDA
STORMWATER ASSOCIATION, INC., WITH THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
(The official copy of Resolution No. 43-09 is on file in the City Clerk's
3
o9~z~~o9
office.)
8.C. RESOLUTION NO. 51-09/FLORIDA DEPARTMENT OF
TRANSP_O_RTATION {FDOT)130INT PARTICIPATION AGREEMENT: Approve
Resolution No. 51-09 authorizing execution of the Joint Participation Agreement (TPA)
with the Florida Department of Transportation (FDOT} for installation of 12 bus shelters.
The caption of Resolution No. 51-09 is as follows:
office.}
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
THE JOINT PARTICIPATION AGREEMENT WITH
THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR FUNDING OF TWELVE BUS
SHELTERS AND AUTHORIZING THE EXECUTION
OF THE AGREEMENT.
(The official copy of Resolution No. 51-09 is on file in the City Clerk's
B.D. _CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)IBRANG
CONSTRUCTION, INC.: Approve a Contract Closeout (Change Order No. 2/Fina1} in
the amount of a $45,667.42 decrease and final payment in the amount of $4,749.10 to
Brang Construction, Inc, for completion of the 01d Germantown Road Sidewalk
Improvements. Funding is available from 334-3162-541-68.34 (General Construction
Fund/Other Improvement/ Germantown Rd-Sidewalk).
S.E. CONTRACT CLOSEOUT C.O. N0.3/FINAL /ROSSO PAVING &
DRAINAGE,_ INC_._ Approve a Contract Closeout (Change Order No. 3/Fina1) in the
amount of a $3,240.37 increase and final payment in the amount of $28,749.91 to Rosso
Paving & Drainage, Inc., for the completion of the Homewood Boulevard Bicycle Lanes
Road Widening Project. Funding is available from 334-3162-541-68.46 (General
Construction Fund/Other Irnprovement/Homewood Blvd. Bikepaths).
8.F. CONTRACT CLOSEOUT C.O. NO. 1/FINAL /INSITUFORM
TECHNOLOGIES, INC.: Approve a Contract Closeout (Change Order No. 1/Final} in
the amount of a $42,900.00 decrease and final payment in the amount of $6,515.00 to
Insituform Technologies, Inc, far the completion of the lining of the abandoned 16" force
main under the Intracoastal Waterway. Funding is available from 441-5181-536-65.96
(Water and Sewer Fund/Other Improvements/Reclaim Water Transmission).
8.G. DEL IDA COMMUNITY PARK/I,ANDSCAPING ARTIST IN
RESIDENCY PROJECT/AMENDMENT NO. 1: Approve Amendment No. 1 to the
agreement with Lois Brezinksi for the Landscape Artist in Residency Project for Del Ida
Community Park to increase the amount of the contract by $3,442.04 for the cost of
installing electrical service to the site. Funding is available from 115-1702-579-63.90
(Special Projects Fund/Capital Outlay/Other Improvements).
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09/22/09
S.H. REVISION OF FUNDING SOURCES/SW 14TH AVENUE
ROADWAY ALLEYS & DRAINAGE PROJECT: Approve revising the funding
sources with H & D Construction, Co. for the S.W. 14th Avenue Roadway, Alleys &
Drainage Improvements Project. Funding is available from 101-1969-541-68.25 {ARRA
Economic Stimulus FundlOther Improvement/SW 14th Avenue-SW 2nd to SW 1st), 334-
, 3162-541-68.D5 (General Construction Fund/Other Improvement/SW 14th Alley
Improvement) and 448-5461-538-68.25 {Storm Water Utility Fund/Other
Improvement/SW 14th Avenue-SW 2nd to SW 1st).
S.I. GRANT AWARDIRECOVERY ACT EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT (JAGS. Approve and accept the
Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) award in the
amount of $289,582.00 which will provide funding to support the Holiday Robbery Task
Force, purchase police vehicles, and repair/reconfigure a donated driving simulator.
S.J. EXTENSION TO THE MAINTENANCE AND SUPPORT
AGREEMENT/MOTOROLA INC.: Approve an extension to the Maintenance and
Support Agreement between the City and Motorola, Inc. in the amount of $126,154.08
for Police, Fire, and other City Departments' Motorola SmartZone radio system
maintenance and to service aging equipment. Funding is available from various accounts.
S.K. INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM
BEACH COUNTY/SEACREST ATHLETIC FACILITY: Approve an Interlocal
Agreement between the City and the School Board of Palm Beach County for the Police
Department's use of the Seacrest Athletic Facility.
S.L. AMENDMENT TO THE LEASE AGREEMENTIMETROPCS
FLORIDA, LLC.: Approve an Amendment to the Lease Agreement with MetroPCS
Florida, LLC., for use of the City's generator as an alternate power source for the
MetroPCS antenna on the Police Department radio tower.
S.M. INTERLOCAL AGREEMENTICOMMUNITY REDEVELOPMENT
AGENCY/CLEAN AND SAFE PROGRAM: Approve an Interlocal Agreement
between the City and the Community Redevelopment Agency (CRA) for funding the
Clean and Safe Program.
S.N. AGREEMENTICHILDREN'S SERVICES COUNCILBEACON
CENTER AT VILLAGE ACADEMY: Approve an annual grant between the City of
Delray Beach and Children's Services Council (CSC} in the amount of $792,852.00 and
authorize the execution of the required contract agreement for services provided
through the Beacon Center at Village Academy for FY 2009-201D.
S.O. SUBRECIPIENT AGREEMENTSIACHIEVEMENT CENTERS
FOR CHILDREN AND FAMILIES & FAMILIES FIRST OF PALM BEACH
COUNTY: Approve and authorize the execution of agreements with two {2} sub-
recipients (Community Child Care Center d/b/a Achievement Centers for Children and
Families and Children's Case Management Organization d/b/a Families First of Palm
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09/22/09
Beach County) for the Village Academy Beacon Center program for FY 2009-2010, with
the total funding in the amount of $844,852.00 from the City and Children's Services
Council of Palm Beach County.
S.P. AMENDMENT NO. 2 TO THE SUB-RECIPIENT HOUSING
PARTNERSHIP AGREEMENTIDELRAY BEACH COMMUNITY LAND
TRUST, INC.: Approve Amendment No. 2 to the Sub-Recipient Housing Partnership
Agreement between the City and the Delray Beach Community Land Trust, Inc. for the
purposes of subsidizing the costs associated with affordable housing units within the
Community Land Trust. Funding is available from 118-1924-554-49.20 (Neighborhood
Services/Other Current Charges/Homeowner Subsidy).
5~. SCHOOL READINESS CHILD CARE SERVICE
AGREEMENT/FAMILY CENTRAL, INC.; Approve a School Readiness Child Care
Service Agreement between the City and Farraily Central, Inc., to provide subsidized
child care funding for the Afterschool Program.
S.R. RATE AGREEMENT/FAMILY CENTRAL, INC.: Approve a Rate
Agreement with Family Central Inc., to provide funding to the City through the
Continue-to-Care Afterschool Program from October 1, 2009 through June 30, 2010.
8.5. SERVICE AGREEMENT/PROPERTYROOM.COM, INC.:
Approve a Service Agreement with PropertyRoom.com, Inc., an Internet based
auctioneer, to provide a complete, full service auction system to inventory and sell
abandoned and seized property.
S.T. AMENDMENT NO. 2 TO THE AGREEMENT/eCIVIS, INC.:
Approve Amendment No. 2 to the Agreement between the City and eCivis in the amount
of $19,500.00 to renew the contract for one {1}year. Funding will be available from 001-
1111-511-31.90 {General Fund/Professional Services/Other Professional Services).
S.U. AMENDMENT NO. 2 TO AGREEMENT WITH COASTAL
COMMERCIAL GROUP, LLC.: Approve Amendment Nn, 2 to the Agreement with
Coastal Commercial Group, LLC, which provides for a five {5} year extension as well
as removal of the right of Coastal to terminate the Agreement.
8.V. INTERLOCAL AGREEMENTICOMMUNITY REDEVELOPMENT
AGENCY/SPONSORSHIP OF TENNIS TOURNAMENTS: Approve an Interlocal
Agreement with the Community Redevelopment Agency {CRA) for sponsorship of City
tennis tournaments.
S.W. AMENDMENT NO. 2 TO THE INTERLOCAL
AGREEMENTICOMMUNITY REDEVELOPMENT
AGENCYICONSTRUCTION/PROFESSIONAL SERVICES: Approve Amendment
No. 2 to the Interlocal Agreement between the City and the Community Redevelopment
Agency (CRA) for funding construction/professional services for certain projects as listed
on Exhibit "A" attached to the Agreement for FY 2008/2009.
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09/22/09
S.X. AMENDMENT TO THE LICENSE
AGREEMENTITYCKETMASTER, LLC.;_ Approve an amended license agreement
with Ticketmaster, LLC. for the sale of tickets for events at the Tennis Stadium.
S.Y. AMENDMENT NO. 1 TO THE CONSULTING
AGREEMENT/LANGTON ASSOCIATES, INC.IGRANT WRITING SERVICES:
Approve Amendment No. 1 to the Consulting Agreement between the City and Langton
Associates, Inc. far American Recovery and Reinvestment Act grant writing services.
S.Z. AMENDMENT NO. 3 TO THE AGREEMENTIFLORIDA
HIGHWAY PRODUCTS, INC.: Approve and authorize the Mayor to execute
Amendment No. 3 to the Agreement with Florida Highway Products Inc. (FHP} in the
amount of $17$,310.75 for resurface of streets related to the installation of Area 11A of
the Reclaimed Water System. Funding is available from 441-5181-536-65.96 (Water and
Sewer Fund/Other ImprovementslReclaim Water Transmission).
A.A. SPECIAL EVENT REQUESTIHALLOWEEN PARADE: Approve a
special event request to allow the Annual Halloween Parade sponsored by the Noontime
Kiwanis Club to be held on October 31, 2009 from 1:30 p.m. until approximately 2:30
p.m., including temporary use permit per LDR Section 2.4.6(F) for the rolling closure of
Atlantic Avenue from N.E. 1st Avenue to Veterans Park, staff support for traffic control,
security, and barricading.
A.B. SPECIAL EVENT REQUESTS/ART AND JAZZ ON THE
AVENUEITREE LIGHTING: Approve special event requests to endorse Art and 3azz
on the Avenue and the Tree Lighting to be held on December 3, 2009 from 6:00 p.m. to
10:00 p.rn., to grant a temporary use permit per LDR Section 2.4.6(F) far the closure of
Atlantic Avenue from Swinton to N.E.IS.E. 7th Avenue, to the alley north of Atlantic
Avenue on N.E. 1st Avenue, N.E. 2nd Avenue, Railroad Way, and N.E. 4th Avenue anal
from Atlantic to the alley south on S.E. 1st Avenue, S.E. 2nd Avenue and S.E. 4th
Avenue; to authorize staff support for security, traffic control, banner hanging and
removal, barricade set up and removal, trash removal and clean up, EMS assistance, and
use of the large City stage.
A.C. SPECIAL EVENT REQUEST/HOWARD ALAN 3rd ANNUAL
DOWNTOWN DELRAY BEACH NEW YEAR'S CRAFT FESTIVAL: Approve a
special event request to endorse the 3rd Annual Downtown Delray Beach New Year's
Craft Festival sponsored by Howard Alan Events, Ltd. to beheld from 10:00 a.m. to 5:00
p.m. on December 26-27, 2009, granting a temporary use permit per LDR Section
2.4.6(F) for the closure of N.W. 3rd Avenue from Atlantic Avenue north to the south
entrance of Atlantic Grove and the Tennis Center parking lot, authorize staff support for
traffc control, barricade inspection, fire inspector services and authorize event signage to
be installed fourteen {14) days prior to event with the sponsor paying all overtime casts.
A.D. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period September 7, 2009 through September 18, 2009.
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09/22/09
A.E. AWARD OF BIDS AND CONTRACTS:
1. Bid award to H & D Construction Co., Inc. in the amount of
$479,612.00 for the construction of S.W. 12th Avenue Alleys ~-
Phase 1 Project. Funding is available from 334-3162-541-68.49
(General Construction FundlOther Irnprovement/S.W.
12th/Auburn Alley Improvements).
2. Purchase award to JCI Jade Communication in the amount of
$93,265.24 to supply and install non-public safety fiber optic
communication cable from the IT Building through City Hall to the
Environmental Services Department building and to A2000
Network Solutions in the amount of $24,130.00 for the purchase of
Cisco Catalyst switches for cable connection for the total award
amount of $117,395.24. Funding is available from 441-5161-536-
6390 (Water and Sewer Fund/Improvexnents Other/Other
Improvernents).
Mr. Eliopoulos moved to approve the Consent Agenda as amended,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor
McDuffie -- Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray
---Yes. Said motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. APPEAL/SITE PLAN REVIEW APPEARANCE BOARD
ACTIONICVS/PHARMACY: Consideration of an appeal regarding the Site Plan
Review and Appearance Board's decision to reduce the number of wall signs proposed
for the CVS/pharmacy from four (4) to two (2), pursuant to Land Development
Regulations (LDR} Section 2.4.7(E), "Appeals", The project is located at 700 N.E, 6rn
Avenue. (Quasi~Judicial Hearing)
Mayor McDuffie read into the record the City of Delray Beach procedures
for aQuasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings.
Chevelle D. Nubia, City Clerk, swore in those~individuals who wished to
give testimony on this item..
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated Chairman Conner Lynch sent an email discussing
the findings of SPRAB a couple of weeks ago. Mrs. Gray stated she had no ex parte
communications to disclose. Mayor McDuffie stated he received an email from
Chairman Connor Lynch as well. Mr. Eliopoulos stated he received an email from
Chairman Connor Lynch. Mr. Fetzer stated he too received an email from Chairman
Connor Lynch.
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09/22/09
Lula Butler, Director of Community Impxavemer~t, stated this is an appeal
of the Site Plan Review and Appearance Board {SPRAB) decision to reduce the number
of wall signs proposed for the CVS Pharmacy from four to two pursuant to LDR Section
2.4.7{E). The project is located at 700 N.E. stn Avenue.
At its meeting of August 12, 2409, the Site Plan Review and Appearance
Board considered the Master Sign Program that was proposed by CVS Pharmacy and the
Master Sign Program included their freestanding signs, wall signs, egress and ingress
signs, and pharmacy enter/exit signs. Mrs. Butler stated under the Master Sign Program
the Board is allowed to be flexible with the sign code and they are allowed to grant some
waivers and consider a site that may have extenuating circumstances that needs a little bit
more to affective signing. The Boaxd elected to limit the number of flat wall signs that
were being proposed from four to two. Mrs. Butler stated the Board approved all the
other signs that were proposed except the two flat wall signs proposed for the east and
west elevations. She stated CVS will have two free standing signs; one at the south end
and one at the north end. Mrs. Butler stated one site plan will have to be brought back to
the Board because the Board preferred the initial location that they had reviewed at the
initial meeting in reviewing this plan. The agent wanted to propose signs on all four
elevations of the building. Mrs. Butler stated the flat wall signs were approved by the
Boaxd and are approximately 75 square feet on each elevation and you can see the signs
as you approach from northbound and southbound Federal Highway. The two signs that
were not approved were the ones for the east and west elevations and included a 24-hour
notice fox which they would need conditional use to approve and the Board does not
allow 24-hour signage to go on the wall as it has been proposed. Mrs. Butler stated per
LDR Section 2.~.7(B) the Commission can grant waivers to the section governing the
signs after making a finding of fact based on one of the fallowing: {1) shall not
adversely affect the neighboring area; (2} shall not significantly diminish the provision of
public facilities; (3) shall not create an unsafe situation; and {4} does not result in the
granting of a special privilege in that the same waiver would be granted under similar
circumstances on other pxoperty for another applicant or owner. Staff recommends that
the Commission support SPRAB's decision to modify the Master Sign proposal reducing
the number of wall signs proposed for the project site.
Mark Gre o Vice Chairman of the Site Plan Review and
Appearance Board, stated SPRAB wanted CVS to reconsider some of their objections
and have them come back and make another presentation but they decided not to da that.
Mr. Gregory stated the presentation for the signs did not meet the original spirit and noted
when this building came through there was a lot of attention paid to the signage,
landscaping, and the neighborhood came out and promises by the original applicant were
that they were going to have neighborhood friendly signs, they were going to be smaller
and demure. He stated this representation was made to SPRAB and to the neighbors and
there was a very large turnout. Mr. Gregory distributed a handout of photographs of the
building and of some other neighboring signs that are in the surrounding area. He urged
the Commission to support SPRAB's decision.
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09/22/09
Crai McDonald Cor orate Pro ert Services Inc. A ent for CVS
Pharmacvl, stated they are here this evening to appeal the Master Sign Program for the
wall signage for the CVS Pharaxaacy. Mr. McDonald stated the Committee asked them to
come back and put the landscape elevations on the buildings and they tried to work with
the Board as best as they could to come up with something they thought was acceptable
for CVS as well as the City. He stated they proposed two 36 inch signs on the north and
south elevations and two 40 inch signs and noted they were only approved far the north
and south elevations. Mr. McDonald stated they are requesting signs for the east, West,
and south elevations not the north elevation. He stated based on the City's code you can
have one wall sign per street frontage. Mr. McDonald stated all the signs proposed fall
well below what is allowed by Code. Mr. McDonaid requested approval of the east,
west, and south elevation wall signs but they would like to be able to have the south and
west elevation wall signs if the City feels that only two signs are necessary.
Mrs. Butler stated the Agent has introduced a new request and staff was
not aware that they were modifying their request and she cannot comment on that
because she feels it needs to go back to the Site Plan Review and Appearance Board
(SPRAB) if they would like to modify their Master Sign Program.
Mr. McDonald stated they are asking to have three signs on the building
versus four.
There was no cross-examination or rebuttal.
Mayor McDuffie asked if anyone from the public would like to speak in
favor ar in opposition of the appeal, the public hearing was closed.
James Borsas, member of SPRAB~, stated this item came before the
Board twice already and the applicant has changed their idea of what they Wanted. Mr.
Boros thanked Mr. Gregory for his comments and Hated that he is a sign company owner
and sign expert. Mr. Boros stated according to LDR Section 4.6.24 hours of operation
for a sign on a retail building have been limited to one square foot and that they be non-
illuminated. He stated the Board feels that two signs are sufficient and the Board has
been informed by the public that four signs would be obnoxious and the light glare to the
nearby residents would be offensive and is why the Board approved the two signs. Mr.
Boras urged the Commission. to support SPRAB's decision.
Alice Finst 707 Place Tavant Delra Beach FL 33445 stated she is a
long time observer of SPRAB and it seems like CVS has a new plan tonight. Mrs. Frost
stated she carne to the meetings when there were lots of people from the neighborhood
and certain things were promised. She stated putting the signs on the east and west side
is an invasion into the residential neighborhood. Mrs. Frost stated the Commission's
constituents will be looking at these signs for a very long time if approved and they will
not be happy.
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09/22/09
There being no one else from the public who wished to address the
Commission regarding the appeal, the public hearing was closed.
There was no cross-examination or rebuttal.
Mr. Frankel asked what residences are near the CVS Pharmacy. Mrs.
Butler stated there are residents on either side of Federal Highway and noted that there is
a townhouse development on the east side that backs up against it. She stated the
residents are concerned with the illumination and how that would affect them at
nighttime. Mr. Eliopoulos stated along the west side of the tracks is residentialloffice and
residence.
Mr. Eliopoulos stated he supports SPRAB's decision but he will not
support if they come back regarding the north elevation. He stated you have to have
special zoning there that the City put in place For what they envisioned to 6e one of the
gateways into our city. Mr. Eliopoulos stated he will not support 24-hours because this
places a crutch on the Police Department when places are open for 24-hours and therefore
he will not support it.
Mayor McDuffie stated this is an important building in the City of Delray
Beach although it is not entrance to the City (City limits just north of there) it has been
recognized for the last several years as the entrance to the City and is the first thing
residents see as they come into the north end of the city. He stated the Commission
would like it to be respectful to the entryway to our city and he does not feel that four
signs do that. Mayor McDuff e stated he cannot support it and feels it needs to go back
to SPRAB and start this again.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Eliopoulos moved to approve the appeal regarding the Site Plan
Review and Appearance Board's decision, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mr. Eliopoulos - No; Mr. Fetzer No; Mr. Frankel ---- No;
Mrs. Gray - No; Mayor McDuffie - No. Said motion to approve the appeal was
DENIED with a 5 to 0 vote.
9.B. TEMPORARY USE WAIVER REQUEST/H & H FLOORING:
Consider a waiver request to expand the list of allowed tem orar uses ursuant
p y p to Land
Development Regulations {LDR} Section 2.4.6(F), "Temporary Use Permit", to allow
temporary outside storage of landscape material at H & H Flooring located at 2004 North
Federal Highway. (Quasi-Judicial Hearfng)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
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09/22/09
Mayor McDuffie asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2009-251 into the record.
Mr. Dorling stated this is consideration of a waiver request to expand the
list of temporary uses allowed under LDR Section 2.4.b(F) and to approve a temporary
use permit to allow the temporary storage of landscape material at this site at 2004 North
Federal Highway. This request is by the property owner on behalf of an acquaintance of
his to store palms for a period of nine months. Mr. Dorling stated it would be no retail
sales but only temporary storage of these palm trees until they are dispensed of. He
stated LDR Section 2.4.7(B){5) talks about the necessary waiver criteria and staff
recommends approval at this time of this request for a period of nine months with the
expansion of those temporary uses. Mr. Dorling stated this does include a condition
along this side and along Dixie Highway there is a chain link fence and it is open. Staff
requests that a condition be made that the west side of the outdoor storage .area is
screened (mesh, perma-hedge, hedge, etc.) at a minimum height of 6 feet.
Richard DeSa~uctis, owner of H&H Flooring, 2004 N. Federal
Highway, Delra Beac , p ~ ghout
y h, FL 33483, stated they have done numerous ro'ects throu~~
the city are asking for the temporary use for a piece of their property for a fellow man
that they have worked for that lost his lease to his nursery in West Palm Beach. Mr.
DeSanctis stated these foxtail palms are in 25-35 gallon containers and there will be no
irrigation or fertilization. He stated this is temporary storage and he has found a buyer.
Mr. DeSanctis stated his property is fenced in and is very secure and noted these are all
foxtail palms and is not a mixture of landscape material.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the temporary use request, 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).
Mr. Eliopoulos moved to adopt the Board Order with the condition that
the west side of the outdoor storage area is screened {mesh, perma-hedge, hedge, etc.) at
a minimum height of 6 feet, seconded by Mr. Frankel. Upon roll call the Commission
voted as follows: Mr. Fetzer -- Yes; Mr, Frankel -Yes; Mrs. Gray -Yes; Mayor
McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote.
9.C. DELRAY HARBOR CLUB MOORING RE UEST: Consider a
request from Delray Harbor Club for the Commission to grant permission for the
mooring of a boat along the Knowles Park side of their northern seawall.
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09/22/09
The City Manager stated the City received a request from the Delray
Harbor Club to moor a boat. He stated it would be moored on the north side of their
seawall which would place it in front of Knowles Park. The Delray Harbor Club
indicated that there was a boat moored there years ago. However, it has not been there
for quite a while. The City Manager stated they are planning to do some dredging out of
silt and removing debris that has accumulated in that area and they will be able to moor a
boat there again. The City Manager stated according the City Attorney's office research,
under Florida Law the City is entitled to an unobstructed view. The City Manager stated
staff could not fmd where the City Commission ever approved mooring a boat there.
Mrs. Gray asked if this boat wiIl be larger than the boat that is currently
there.
Sh_e__ldon Bodnicl~, Delray Harbor Club Marina Comamittee Chair,
stated they do not anticipate putting anything larger than the boat that is on the east side
of the seawall area. Mr. Budnick stated in recent years from time-to-time we have had
boats on the north side in front of Knowles Park but because of the silting over of the
area, it has restricted them to relatively small boats.
Mr. Fetzer asked if Mr. Budnick has received permits from the DEP and
the Army Carp of Engineers to do that work for them. Mr. Budnick stated they have not
received permits yet. Mr. Budnick stated they have completed alI of the background
work required for the permits including biological surveys of the area to determine
whether they are in the sea grasses or other biological materials that would be an
environmental issue and there is not.
Mr. Frankel asked if the mooring of the boat would obstruct anyone's
view of the water. Mr. Bobnick stated this would not obstruct anyone's view and feels
that by putting a boat there it will be an added feature of the Intracoastal far people to
look at.
The City Manager made reference to Seawall photo #3.
Mayor McDuff e inquired about the permits being in to DEP and the Corp
of Engineers. Mr. Budnick stated they have completed everything and are ready to send
it and would like to include the approval of the City. Mayor McDuffie asked what depth
they need to go to. Mr. Budnick stated five foot of water and the spoils will be done in
accordance with environmental restrictions. Mayor McDuffie asked what will they do
with this boat in the event there is a hurricane. Mr. Budnick stated since they are going to
be attached to the seawall the Delray Harbor Club will not require anybody to leave in the
event of a hurricane.
Mr. Eliopoulos stated he is supportive of this pursuant to an agreement
that the boat be moved in the event of a hurricane.
Brian Shutt, City Attorney, stated there is a Florida Statute that is
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09/22/09
primarily for marina owners and is not sure how this would affect the Delray Harbor
Club. Mr. Shutt stated he is not sure if the Delray Harbor Club can force the boat owner
to move their boat in the event of a hurricane and would like to research this further.
Mayor McDuffie stated the Commission has no problems with the
visibility; however they would like safety and liability researched. It was the consensus
of the Commission for the City Attorney to bring back an agreement to the Commission
after he has researched the safety and liability issues.
At this point, the time being 9:13 p.m., the Commission moved to Item
12, Frrst Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 55-09: Consider acity-initiated ordinance amending
Chapter 96, "Fire Safety and Emergency Services", of the Code of Ordinances by
amending Section 96.1 I, "Fire Safety Cormmunity Education", to provide for various fees
for Fire Safety Community Education. If passed, a public hearing will be scheduled for
October 6, 2009. (ADDENDUM)
The caption of Ordinance No. 55-09 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 96, "FIRE SAFETY AND
EMERGENCY SERVICES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
BY ENACTING SECTION 96.11. "FIRE SAFETY
COIvIM[JNITY EDUCATION", TO PROVIDE FOR
VARIOUS FEES FOR FIRE SAFETY COMMUNITY
EDUCATION; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN
EFFECTNE DATE.
The City Attorney read the caption of the ordinance.
David James, Fire Chief, stated this would cover the costs for the
instructors and technicians for two community education programs; one being the Cardio
Pulmonary Resuscitation {CPR) Training and the other being the Child Passenger Safety
Seat Program. Chief James stated with regard to the Cardio Pulmonary Resuscitation
(CPR) Training the current fee charge covers the materials and since the budget has been
cut this would provide for the cast of the instructors because the instructors who are used
are paid overtime. He stated with regard to the Child Passenger Safety Seat Program
those technicians require special training in order to install the seats and this would cover
the costs for those employees as well who are also paid overtime.
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09/22/09
Mr. Eliopoulos moved to approve Ordinance No. 55-09 on FIl~ST
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows:
Mayor McDuffie -Yes; Mr. Eliopoulos --- Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes;
Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 9:16 p.m., the Commission moved to Item
9.D. of the Regular Agenda.
9.D. DELRAY BEACH MARINA RATES: Consider approval of a proposed
rate decrease for the annual per foot rate from $21.00 per month to $18.00 per month for
the Delray Beach Marina.
Linda Karch, Director of Parks and Recreation, stated this item is for the
Commission to consider a request to decrease the per foot xate at the municipal marina
from $21.00 per foot per month to $18.00 per foot per month or $.70 per foot per day to
$.60 per foot per day. On September 16, 2008, the City Commission approved a flat rate
of $.70 per foot per day for all boats at the marina. At that time, the marina had three
vacancies. Ms. Karch stated since that -time the economy has sharply declined and there
are currently eleven vacant slips; eight of whore have recently given notice. Staff
recommends that we decxease the rates at the marina in order to help incxease the
occupancy. Staff recommends the fallowing proposed changes: (1} change annual rate
from $.74 per foot per day to $.60 per foot per day, (2) offer a discount of one month
rental fee if the renter pays the full year up front, (3} if the annual license agreement is
terminated before the agreement expires, 50% of the security deposit will be forfeited. In
addition, renters who have paid in full will be back charged for the full $18.00 per foot
per month, (4} presently, our daily rate fox boaters is $60.00 per day or $1,800.00 per
month. Offer a discount of $200.00 for a monthly rental and a $1,500.00 discount on a 6-
month rental which would be discounted at the end of the agreement.
Brief discussion followed by the Commission regarding lowering the
annual per foot rate from $18.00 per month to $16.00 per month.
Mr. Fetzer asked if the City can fill the marina at $18.00 a foot. Ms.
Karch stated if you have a nearly full marina you have room for transients and the City
actually makes a lat more money on a transient boat because they get charged $60.00 per
day. She explained that having some empty marina slots is actually beneficial to the
City. However, Ms. Karch stated the City has not been getting that many transients lately
because of the economy and people are not boating as much because the gas is expensive.
Ms. Karch stated at $16.50 it would be about $.55 per foot per day.
Staff supports the proposed rate decrease for the annual per foot rate at
$16.00 per month.
After brief discussion, it was the consensus of the Commission to support
decreasing the annual per foot rate from $21,00 per month to $16.00 per month for the
Delray Beach Marina.
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09/22/09
Mr. Frankel moved to approve the proposed rate decrease for the annual
per foot rate from $21.00 per month to $16.00 per month Far the Delray Beach Marina,
seconded by Mrs. Gray.
At this point, it was the discretion of the Commission to open this item as
a public hearing.
Robert G. Rillina, 159 Marine Wav, Slip #20, Delray Beach, FL
33483, suggested that the rate be decreased even further to $12.00 a foot and stated we
need to fill the marina. Mr. Killing stated the marina is about SO% filled and there are
security problems. He stated at this rate the City will lose more boats.
George Asplaud, 159 Marine Wav, Slip #9, Delray Beach, FL 33483,
briefly discussed the Lighthouse Point Marina. Mr. Asplaud stated he has lived in Delray
Beach for 15 years, his neighborhood is half abandoned and he does not want to see it get
worse. Mr. Asplaud urged the Commission to consider decreasing the rate to $12.00.
Jahn Miller, 159 Marine Wav, Slip #10. Delray Beach, FL 334$3,
stated he is new to the area and has a daughter who goes to school here. Mr. Miller stated
many people do not have money for their houses anymore and the boats are the first
things to go. He stated people such as him who are fortunate enough to call a boat their
home, still have their home. Mr. Miller stated it is hard for him to justify paying 35-40%
more when he can go ten miles one way or the other and actually still be in the same
school district and go to a place with more amenities. He stated Delray Beach is a great
place and he does not want to leave, Mr. Miller briefly spoke about supply and demand
and stated right now there are too many opportunities to go other places for a lot less with
more amenities.
There being no one else from the public who wished to address the
Commission regarding the Delray Beach Marina rates, the public hearing was closed.
Albert Gaum, Proiect Coordinator/Parks and Recreation
Depart,,, price
meat, stated $16.00 a foot is a good price for the marina and feels with that_~~~-
they will be able to fill the marina. Ms. Gaum stated she already received induiries
online from boaters that she needs to respond to and if the City does not fill the marina at
least there will be boaters in the slips. She noted that in Stuart they are going to fill the
slips and raise the prices. Ms. Gaum stated the City of Boynton Beach is lower than
Delray Beach; however, they do not take live-a-boards and they basically want just
fisherman in their marina. She briefly spoke about Briny Breezes and Loggerhead.
Upon roll tail the Commission voted as follows: Mr. Eliopoulos -Yes;
Mr. Fetzer -Yes; Mr. Frankel -- Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said
motion passed with a 5 to 0 vote.
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09/22/09
Mr. Killing suggested that the Commission do the following; {1) lower
the rate because they can always bring it up according to what happens with the market,
{2) clean up the marina, (3} be customer friendly. He stated it is a competitive market
and stated the $16.00 is not competitive all around us.
9.E. _REQUEST/GREEN MA1ZK_F_,T RELOCATION: Consider approval of
a relocation of the Green Market to be held on October 31, 2009 through May 15, 2010
from 6:00 a.m. to 2:00 p.m. to grant a temporary use permit per (LDR) Section 2.4.6{F)
and closure of S.E. 4th Avenue from just south of the alley, south of Atlantic Avenue to
S.E. 1st Street; contingent on the receipt of a Certificate of Liability Insurance and an
executed Hold Harmless Agreement.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
the Commission to approve the relocation of the Green Market from October 31, 2009
through May 15, 2010 and approve a temporary use permit for the use and closure of S.E.
4th Avenue from just south of the alley, south of Atlantic Avenue to S.E. 1St Street, from
6:00 a.m. to approximately 2:00 p.m. Due to the construction of the Old School Square
Park, the Green Market needs to relocate this season and has requested to relocate to S.E.
4th Avenue. Staff has been assured through discussions with the developer that work will
not start on the Old Library site until after May 2014. The Community Redevelopment
Agency {CRA) has agreed to assume all costs to get electric power supply and water to
this new location. The only Saturday the City cannot accommodate this request is
February 27, 2010 due to the Howard Alan Craft Festival.
Mrs. Gray asked if we have spoken to the business owners and expressed
concern about closing the road and not having the traffic for the businesses that are there.
Lori Nolan, Delray Green Market, stated she has presented a letter to all
the business owners and property owners on 4t Avenue and noted that south of the
alleyway there is only one business that is open that she knows of on Saturday morning
which is a new vintage shop and she is thrilled that the Green Market is going to be there.
Ms. Nolan stated there is a yoga studio that was closed but a letter was left in her mailbox
and she spoke with SunTrust and have worked out their drive-thru exiting issues because
they are open until noon on Saturdays.
Mr. Frankel moved to approve the request to relocate the Green Market
this season to S.E. 4th Avenue and granting of the temporary use permit for the street
closure contingent on the receipt of a Certificate of Liability Insurance and an executed
Hold Harmless Agreement, seconded by Mr. Eliopoulos. Upon roll call the Commission
voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor
McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote.
9.F. ACTUARIAL SERVICES TO EVALUATE POSSIBLE POLICE
AND FIRE PENSION PLAN CHANGES: Consider selection of an actuary to use for
a review of potential Police Fire Pension Plan changes.
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09/22/09
The City Manager stated staff met with the General Employees Pension
Plan actuary Steve Palmquist to talk about possible changes in both the City's pension
plans. The City has directed Mr. Palmquist to evaluate the possible changes to the
General Employees Pension Plan and he recommended that we request permission from
the Police and Fire Pension Board to have their actuary evaluate possible changes to the
Police and Fire Pension Plan. The City Manager stated he was concerned with the
response of the Police and Fire Pension Board and felt like they were asking for a degree
of involvement that was inappropriate since the City would be paying for the study
particularly about them wanting the actuary to report to the Board before releasing
information to anyone else.
Mr. Frankel stated he attended the meeting and noted that the actuary for
the Pension Board felt this would be a conflict. Mr. Frankel stated he supports going
outside the City and inquired whether or not it is appropriate to do an RFP for this. The
City Manager stated the City has an actuary onboard for the General Employees Pension
Plan and feels it is important to start working on next year's budget now and noted this is
a major part of the City's rising expenses. The City Manager stated rather than wait 6 or
8 weeks to select someone through the RFP process, he would rather ask Mr. Palmquist
for a proposal and if it appears acceptable to go ahead and engage him for this.
It was the consensus of the Commission to direct staff to obtain a proposal
from Mr. Palmquist.
At this point, the City Manager stated it is very important that once the
City receives information on the impact of various changes to involve employees. He
stated Chief Strianese has already suggested setting up an employee group to review
various options and give their input on possible changes. The City Manager stated he
believes everyone recognizes that potentially the City's current situation is not
sustainable and would like to he sure to treat everyone as well as they can in making
changes.
9.G. REQUEST FOR PROPOSAL ,(RFP) FOR PROFESSIONAL
AUDITING SERVICES: Consider approval to issue an RFP (Request for Proposal) for
professional auditing services to review franchise fees and charges by Waste
Management for the fiscal year starting October O1, 2008 through September 30, 2009.
Joseph Safford, Finance Director, stated the City Manager advised him at
a previously Commission meeting requesting an audit of the Waste Management
franchise fees. Mr. Safford stated staff contacted the City's external auditors to see if
they were interested and because of year-end this is their busy season as far as municipal
governments, County governments, school districts, etc. they do not appear interested.
He stated he thought of contacting Howard Ellingsworth to see if his firm would be
interested. Mr. Safford stated Waste Management states that per our contract the City
can only have an audit performed by an auditing frm not an accounting firm. Mr.
Safford stated the City is looking for an independent third party to confirm the franchise
fees. Mr. Ellingsworth advised him that it would probably cost approximately $10,000-
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09/22/09
$20,040. Mr. Safford stated before he goes out for an RFP he would like to see if the
Commission is interested in approvizig a budget of $10,000-$20,000 to have the audit of
the Waste Management franchise fees.
The City Manager stated recommends that the Commission approve this.
Mr. Safford stated if this is approved this will be coming out of the
Sanitation Fund. The City Manager stated staff also talked to some firms that specialize
in franchise audits but what they do is determine whether you are getting fees within your
boundaries. Mr. Safford stated the City's external auditors contacted another auditing
firm and they came up with the name of a person who specifically does franchise fee
audits and utility tax audits.
Mr. Eliopoulos asked when staff is suggesting the City go out for an RFP.
The City Manager and Mr. Safford suggested that the City go out for an RFP
immediately. The City Manager stated he wants to make sure that the Commission is
comfortable with the audit assignment and that it covered everything that needed to be
covered and that is what staff will put in the RFP.
Mr. Fetzer stated we need acustomer-by-customer breakdown of the fees
when the fees change from September to October and this should be in the audit. He
stated the City has to have transparency with this and the City needs somebody to do this
as a CPA and is in favor of moving forward.
Mr. Safford stated the City wants to make sure that the City's commercial
customers are paying the rates that are in our ordinance and if they are paying the correct
rates then the franchise fee on those rates should equal a certain amount and then that
should equal the amount that is actually transmitted to the City.
Mr. Frankel concurs with Commissioner Fetzer that we thanked the
Budget Task Force and feels that Mr. Ken MacNamee has been the Task Force for this.
It was the consensus of the Commission to proceed with the RFP (Request
for Proposal) for professional auditing services to review franchise fees and charges by
Waste Management for the fiscal year starting October 1, 2008 through September 30,
2009.
9.H. SELECTION OF NEW DEPUTY VICE MAYOR: Select a new
Deputy Vice Mayor to serve until March 25, 2010.
Mr. Eliopoulos moved to appoint Adam Frankel as the new Deputy Vice
Mayor to serve until March 25, 2010, seconded by Mrs. Gray. Upon roll call the
Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -
Yes; Mr. Eliopoulos--Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
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09/22/09
9~I. COMMISSION LIAISON APPOINTMENTS/SEAT
#4: Reassignment of City Commission Seat #4 Liaison Appointments to various
Advisory Boards and outside agencies.
The Commission designated a liaison to the various boards and outside
agencies previously covered by farmer Carnlnissioner Bernard.
At this paint, it was the consensus of the Commission to postpone the
Intergovernmental Coordination Issues Forum appointment (alternate member) to the
regular meeting of October 6, 2009.
9_J. INTERLOCAL AGREEMENTICOMMUNITY REDEVELOPMENT
AGENCY FOR FUNDING OF CONSTRUCTION/PROFESSIONAL SERVICES:
Consider approval of an Interlocal Agreement with the Community Redevelopment
Agency {CRA) for the funding of construction costs and professional services for certain
projects as listed on Exhibit "A" attached to the Agreement for FY 09110.
(ADDENDUM)
Brian Shutt, City Attorney, stated this is an agreement between the City of
Delray Beach and the Community Redevelopment Agency {CRA} where the CRA is
providing funding to certain projects that are in the CRA area far the fiscal year
2009/2010 and they are on the attached list to the agreement.
Mr. Fetzer moved to approve the Interlocal Agreement contingent upon
the CRA Board approving this agreement at their September 24, 2009 meeting, seconded
by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes, Mayor
McDuffie --- Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said
motion passed with a 5 to 0 vote.
At this point, the time being 7:01 p.m., the Comrriission moved to the duly
advertised Public Hearings portion of the Agenda.
10, PUBLIC HEARINGS:
IO.A. RESOLUTION NO. 47-09 FINAL MILEAGE LE A
resolution levying a tax on all properties within the City of Delray Beach for operation
and maintenance and for payment of principal and interest on bonded indebtedness for
FY 2010.
The caption of Resolution No. 47-09 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL
PROPERTIES WITHIN THE CITY OF DELRAY
BEACH, FLORIDA, FOR MAINTENANCE AND
OPERATION, AND TO LEVY A TAX FOR THE
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09/22/09
PAYMENT OF PRINCIPAL AND INTEREST ON
BONDED INDEBTEDNESS, AND TO ALLOCATE
AND APPROPRIATE SAID COLLECTIONS
THEREUNDER.
office.)
(The official copy of Resolution No. 47-09 is on file in the City Clerk's
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
The City Attorney stated Resolution No. 47-09 sets the final operating
millage rate proposed for fiscal year 2010 is 7.19. The final fiscal year 2010 operating
millage is 7.19, while the final fiscal year 2010 debt service millage is 0.5316. The City
Attorney stated the rollback rate is 7.3833 mills and the operating millage of 7.19 is
2.62% less than the rollback rate.
The City Manager stated the property tax revenue in the current fiscal year
is $54,400,000.00 and in 2007 it was $59,000,000.04. He stated at 7.19 mills the
projected fisca12010 property tax revenue will be $52,000,000.00; adecrease of 4% from
the current fiscal year. The City Manager stated the property tax has gone down 12%
since 2007 and the majority of the tax payers will see a tax decrease; however, because of
the way Save Our Homes Amendment works a lot of people who have been in
homesteads for a good number of years will see their taxes go up. The City Manager
stated Department Heads were informed at the beginning of the year that we had a very
tight budget year. The initial request submitted by Department Heads totaled a little over
$100,000,000.00. The fiscal 2009 adopted budget was $99,000,000.00. The City
Manager stated with the City Commission working with staff they have cut about
$4,000,000.00 from the initial budget request. The proposed fiscal 2010 budget is $96.6
million which is a 2 %z percent decrease over the budget for the current year. The City
Manager stated the City has cut funding for 14 positions resulting in 3 layoffs; last year
and this year the City has cut funding for a total of 51 full-time positions and a little more
than 6 full-time equivalence in part-time positions. The budget freezes salaries and
wages and changes the number of services that the public will see; the City is freezing
two vacant Code Officer positions; eliminated the Animal Control functions; eliminated
the annual brochure that Parks and Recreation has been producing; eliminated the
performances in Veteran's Park; the Pompey Park pool will be closed on Tuesdays
October-April (only open Wednesday-Saturday); cutting all the evening hours at the
Veteran's Park Adult Center; the Teen Center will open at 3:00 p.m. instead of 2:00 p.m.
and be closed on Sundays; Catherine Strong Center will open at 9:00 a.m. instead of 8:00
a.m. and closing at 6:00 p.rn. instead of dusk; eliminated all out-of-school program field
trips; cut overtime for fre safety community education courses; eliminated the college
tour at Pompey Park and cut back the diva coaches and computer instruction by 25%; the
Delray Swim and Tennis Center will close at noon on Saturday and all day Sunday; the
library grant was reduced 5% ($76,500.00) and they are looking at reducing the hours
that the library will be open. The City Manager stated those are the major changes
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09/22/09
although there are a lot of other things cut but are probably not all that visible to the
general public.
Mayor McDuffie declared the public hearing open.
Dr. Victor Kirson, President of the Board of Directors of Tierra
Verde at Delray Beach, sits on the Police Advisory Board (PAB), Vice President of
Progressive Residents of Delray Beach (P.R.O.D.), stated he has attended all the City
Commission meetings and Workshops and cornrnended the City Manager, Mayor
McDuffie, Mr. Frankel, Mrs. Gray and Mr. Eliopoulos.
Veronica Cherry, 1111 South Ocean Boulevard, Delray Beach, FL
33483, suggested that the Commission not raise the millage rate by holding off the $6
million Miller Park baseball complex and have the league's use the four public schools
that have baseball fields, hold off on the CRA's six beautification. projects, concentrate
City efforts the $3.3 million from the Federal stimulus funding and $20 million from the
U.S. Housing and Urban Development. Mrs. Cherry urged the City to not compromise
the Police and Fire for obvious reasons and do not lay off City workers that will only
increase the unemployment fallout. She stated between savings, Federal funding and
waiting one year for the economy to improve as predicted by the economists the City can
assess the budget next year without such a burden.
Eric Cherry, 1111 South Ocean Boulevard, Delray Beach, FL 33483.
stated he runs businesses and does not have the luxury to make cuts and make the
customers pay. Mr. Cherry stated if the taxes and the assessments were voluntary then
people could make a choice whether or not they want to do it. He stated he does not feel
that the City has made drastic enough cuts.
Jane Russo, speaking on behalf of the Realtors Association of the
Palm Beaches, thanked the City Commission for aggressively trying to lower the millage
rate and is pleased to see that the City has devised a Budget Task Force in order to find
deeper budget cuts. Ms. Russo urged the Commission to consider those residents that are
scrapping by just to make ends meet. She stated the services Delray Beach offers are
great but as a realtor the first question any potential homeowner asks them is how much
are the taxes and how much is the insurance.
Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444.
congratulated the Commission for cuts that they have made and feels with regard to the
employees there are some innocent employees who have worked hard and have never
received the amount of money that they need because they have been doing other peoples
job that the City is not paying them far.
Christina Morrison Pearce 2000 South Ocean Boulevard #307
Delra Beach FL 33483 a ealin on behalf the ro er owners throu hont the
C. ity), stated at the last meeting she presented documentation to the Commission showing
that some of the core beautiful properties along Atlantic Avenue are having 12%
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09/22/09
increases again next year with the new budget. Ms. Pearce thanked the Commission, the
City Manager, and the Budget Task Force far their hard work on the budget. She stated
hopefully next year the City can realize some real cut in expenses to try to save our care
businesses downtown. Ms. Pearce stated the City has dropped over 900 business licenses
in the last year; 12% tax increases on some of our core downtown business properties; 30
vacant storefronts on Atlantic Avenue between Swinton Avenue and Ocean Boulevard
and the side streets in Pineapple Grove have more vacancy. She urged everyone to start
tomorrow on next year's budget to try to cut expenses.
Tom Glanfield, 1101 Beach Drive, D_elra_y Beachx,,,FL 33483 (lived in
Delray Beach for 12 years and prior to that he lived in Boca Raton), stated he moved
to Delray Beach for all the fine things that the City has done. Mr. Glanfield expressed
concern that we are going to be looking at ourselves in five years and we are going to
have some issues that we should have addressed tonight and this year that he does not
think we are properly addressing. Mr. Glanfield stated in five years if we continue to let
our expense base exceed our revenue base and we don't dip into appropriate reserves or
we don't do other cuts or we don't forestall different types of borrowings not only are we
going to see our housing values decrease but Delray Beach will be looked at as what a
great place to go because the values are so cheap and people will ask about the taxes.
Phil Colnon, 680 N.W. 11~h Street, Delray Beach, FL 33444, stated that
next year the City will be faced with the same issues and feels that we need to look at the
overall situation from start to finish. Mr. Colnon stated the budget needs to be reduced
and feels that the City should be protecting the taxpayers and not the City employees. He
stated every business has reduced the number of employees and feels we should look at
everything across the board from top to bottom because in seven years expenses have
gone up 84%.
Amy Keown, 1620 N.W. 22°d Avenge, Delray Beach, FL -33445
realtor stated the City needs to be more frugal with our expenses and holding the line
on taxes. Ms. Keown stated if xaising taxes is not the solution then the only way to
balance the budget is to cut the costs and reduce the size of our government. She stated if
no one moves to the City of Delray Beach then there is no one to pay the expenses. Ms.
Keown suggested that the City pursue technology centers to relocate their companies to
our area, to increase homeownership and increase revenue. She urged the Commission to
keep a beautifizl city to live, work, and play in not at the citizens expense.
Tom Honker 615 Wi in Road Delra Beach FL 33444 resident for
4S ears concurred with comments expressed by Mr. Glanfield and Mr. Colnon and
feels the City is in danger of being on a slippery slope where you raise property taxes and
property values drop then you need to raise taxes more and property values drop more.
Mr. Honker stated from 2005 to the present day his property values dropped
approximately 40% and many homeowners have seen a 50% or more drop in value. Mr.
Honker stated he has had to cut his living budget in half and encouraged frugality for City
for the interest of homeowners.
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09/22/09
Shelly Petrolia, 2002 N.W. 4#h Avenues Delray Beach, stated the
consensus is that the public needs relief and needs it bad. Mrs. Petrolia stated we need to
be looking at this from an overall standpoint of how this is going to affect us for the next
5-10 years down the road. She suggested that the City look at its payroll and pension
funding and unless we start addressing it now it will send us over the edge in the future.
Ms. Petrolia stated there was a comment made at the last meeting about the City of Boca
having fees as a means of keeping their budget low and one of the fees that were going up
100% was the garbage fee and the firefighter's fee was going up 25%. She stated that is
a $15.00 increase for the year and this is not what Delray Beach is looking at and noted
when tallcing about mills that is an entirely different situation.
Alvin ..Slianus, 1050 Citrus Way, Delray Beach, FL 33445
(representing Pines of,Delray), stated for the year 2008 there was a 50% increase for
trash pickup by Waste Management. Mr. Shams stated they understand the billing for
water and sewer because that is metered; however, they have 30 garbage dumpsters on
their property and they get billed for 115 buildings.
There being no one else from the public who wished to address the
Commission regarding Resolution No. 47-09, the public hearing was closed.
Mr. Frankel stated the economy is poor and no one wants higher taxes. He
stated when the Commission first started this process the City budget was short about
$10.3 million and when the Commission met several weeks ago they talked about having
a rate at 7.651 and he felt this was much too high. Mr. Frankel stated throughout the last
month or so as a Commission and City government they worked very hard. He stated the
City Manager and the Department Heads weekly found ways to make cuts and follow the
recommendations of the Budget Task Force. Mr. Frankel the City Attorney also had
input and he has met with the Police and Fire. Mr. Frankel stated they do not want to
cause any safety issues for the City. He stated the Commission has heard from City
employees on cuts they have had and how this will affect them and many of the residents
who have spoken during public comments and .have sent the Commission countless
emails some asking to keep City services but a majority (especially the realtors) want to
keep the millage the same. Mr. Frankel stated the Commission has worked diligently and
has met more than any City Commission in the past to deal with these issues. Mr.
Frankel stated you want to maintain essential City services and maintain the safety of the
residents as well as maintain the safety of our fire and police, and take into consideration
the events that define the character of our City. Mr. Frankel stated he has been very
vocal regarding cutting out luxuries and as a Commission they have done things
respectfully and what they believe to be in the best interest of the City and the residents.
He stated in the last weeks he believes all of us as City government, City employees,
residents, and the City Commission that we need to share in this together. Mr. Frankel
stated in the past he has stated he wanted the millage at 7.0 or lower; however, after
going through week and trying to strike out things that the Commission thought they
could cut but not affect our city, he could not see haw this could be done. Mr. Frankel
stated at the Workshop Meeting he proposed that the millage rate be 7.19 because he felt
it was a compromise and a number where the City is contributing (taking money out of
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09/22/09
reserves to get to that number), City employee and Police and Fire have made cuts, and
the residents are contributing. Mr. Frankel stated he feels the millage rate is a fair and
equal balance and supports 7.19 as the City's millage rate.
Mr. Fetzer stated this has been a tough budget process and the
Commission has tried to act professionally with regard to dealing with this. He stated
they are not going to be able to please everyone and noted the Commission has received
correspondence on both sides. Mr. Fetzer stated he had suggested that the City Manager
prepare the Commission a list of proposed budget cuts to get us to the 6.39 millage rate
and the City Manager did that. Mr. Fetzer stated the Commission went through the list
Line item per line item approximately three times and some of those cuts he could not
support. He suggested other alternatives and that the City look at raising fees. Mr. Fetzer
stated people that cause additional costs in the City need to be paying their fair share in
fees. The Commission reviewed fees and raised fees by almost $1 million. Mr. Fetzer
stated he also suggested that the Commission look at the City's reserve levels. Mr. Fetzer
stated several years when he was on the Commission they discussed a strategic goal of
15-25% of our operating budget to be an adequate level of reserves which was at 7%
when the City Manager many years ago. Mr. Fetzer stated the City is currently at 18-
19% and he suggested that the City take some of that money out of reserves to help us
make up some of this gap that we are facing. He suggested that we talk to the unions
about some minimal employee concessions to help the City make up this gap and not put
the entire burden on the taxpayers. Mr. Fetzer stated many Delray residents are on fixed
incomes and even a small increase in taxes makes a big impact on their lives. Mr. Fetzer
stated a 7.19 millage rate increase is a 12 %2 increase in our tax rate. He stated higher
taxes negatively impact our real estate market, job retention and job creation, impact the
regions ability to recovery, and leaves less money in the honr~eowners' pockets. Mr.
Fetzer stated property values went down an average of 15% and if people lose value in
their property government needs to be responsive and actively reduce its cost as well. He
stated we need to start tomorrow on next year's budget with a broader more innovative
approach which leaves no option out. Mr. Fetzer stated he feels the need to stand up For
the taxpayers of the city who need and deserve low taxes in these very difficult economic
times. Therefore, Mr. Fetzer stated he will not support the budget this evening.
Mrs. Gray stated this has not been a "win-win" situation and everyone has
had to participate in the cuts. the stated the City has increased fees, cut jobs, cut much
needed programs, and are looking at reserves. Mrs. Gray stated 7.19 is a medium that she
can support to help balance the City's budget.
Mr. Eliopoulos stated he agrees that after going through this week after
week and trying to find ways of cutting you come to some realization of have we gone as
low as we can go and the Commission is here to protect the citizens' investment. He
stated this Commission got hit in 2007 and has been working on the shortfall since then.
Mr. Eliopoulos stated the Commission implemented the Budget Task Force and noted
that a permanent is being appointed for the Budget Task to continue to review everything
that is being done. Mr. Eliopoulos stated there was a comment about how the City
invests in the downtown and the money that the Downtown Development Authority
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09/22/09
(DDA} spends in advertising, etc. and he agrees that a lot of the times you are investing
to bring people to Delray Beach. He agrees that the realtors see it first on one end and the
businesses people see it on the other end. Mr. Eliopoulos stated taxes are an issue and we
have to keep looking at ways how we can get it down. He stated the City has to protect
its citizens and its investment, and noted City employees are also protecting the
investment because they are the ones that are serving the public. Mr. Eliopoulos stated
cuts have to be done in small measurements and does not support going into reserves
although he has supported dipping into the reserves to a certain amount. Mr. Eliopoulos
stated would like to see if the Commission can get lower than 7.19 mills.
Mayor McDuffie thanked everyone for attending this evening. He stated
he has never seen as protracted an effort in his time here as he has seen with all his
colleagues this year. Mayor McDuffie stated the Commission started working on the
budget months ago with a $10.3 million list of things the City could have cut which
would have decimated the City of Delray Beach. Mayor McDuffie stated the
Commission has looked for everything they could possibly trim from the budget without
taking away the services and the things that make this city unique and also taking the
ability of the city to face the future and realize the vision that the people who came before
this Commission set for the City of Delray Beach. Mayor McDuffie stated he is proud to
have lived in Delray Beach since 1946 and has watched the change in the 1980's as we
came out of a dead Atlantic Avenue, adult book stores, blight areas along US-1 corridors
and nothing on Linton Boulevard. He stated through a visioning process that has
encompassed years and thousands of residents who have sat through hours of putting
together a vision of where they want their elected off cials to take this community.
Mayor McDuffie stated with the issues with restrictions with what local governments can
collect and noted that when Amendment One came along it capped residential and
commercial. He stated everything now is capped at either 3% or 10% and further
capping and restricting what local governments can collect. Mayor McDuffie stated the
City has reduced ways to reduce the budget and is looking at increased automation and
find efficiencies of what it would cost to run the City with less people. He stated through
many weeks and hundreds of hours the Commission has not found a way to get the
millage lower without crippling the community. Mayor McDuffie supports 7.19 mills
and stated the City is going to be looking at cutting more money out of this budget next
year and the year after.
The City Manager stated $621,210.00 in reserves to be contributed at 7.19
mills.
Mayor McDuffie asked if the City lost any revenues since last week in the
projections. The City Manager stated the City did not lose any revenues.
Mrs. Gray asked how much is in reserves. The City Manager stated the
City. has approximately $1$ %2 million in reserves.
Mayor McDuffie stated the Commission has worked to increase the
reserves and noted that reserves are for a number of things. He stated if the City is hit by
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49/22/09
a hurricane and has to wait for FEMA to come back with money then the City is in
trouble unless it has money to front the bill before FEMA comes in. Also, Mayor
McDuffie stated with regard to ad valorem revenues, virtually no ad valorem revenues
conne into the City the first quarter of the fiscal year so the City has to front the first
quarter of fiscal year of ad valorem revenues out of reserves as well (approximately $13
million}. He stated one-tenth of a mil equates to $700,000.00.
Mr. Frankel asked when the Budget Task Force will be seated and feels
this should be looked into for the first meeting in October. Mr. Frankel stated the Budget
Task Force did a great job and the permanent board will do an invaluable job as well.
Mayor McDuffie inquired about drafting an ordinance to seat the
permanent Budget Task Force. The City Manager stated either a resolution or an
ordinance can be drafted.
Mayor McDuffie also inquired about the Green Task Force. The City
Manager stated the Green Task Force has a meeting scheduled for next month.
Mr. Frankel moved to approve Resolution No. 47-09 setting the 2010
millage rate at 7.19, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -
Yes; Mr. Fetzer - No. Said motion passed with a 4 to 1 vote, Commissioner Fetzer
dissenting.
10.B. RESOLUTION NO. 48-09 (MILEAGE LEVY/DDA~: A resolution
levying a tax on all properties within ~ the Downtown Development Authority Taxing
District of the City of Delray Beach for FY 2010.
The caption of Resolution No. 48-09 is as follows:
office.)
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL
PROPERTIES WITHIN THE DOWNTOWN
DEVELOPMENT AUTHORITY TAXING DISTRICT OF
THE CITY OF DELRAY BEACH, FLORIDA, FOR
MAIlVTENANCE AND OPERATION, AND TO
APPROPRIATE SAID COLLECTIONS THEREZ_INDER.
(The official copy of Resolution No. 48-09 is on file in the City Clerk's
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
The City Attorney stated Resolution No. 48-09 which levies a tax in the
amount of 1.0 mill on all properties within the Downtown Development Authority
27
09/22/09
{DDA) Taxing District of the City of Delray Beach for fiscal year 2010. The final
millage rate of 1.0 for the DDA will not increase from fiscal year 2009 and is 16.55%
below the rolled-back rate (1.19$2}.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 4$-09,
the public hearing was closed.
Mr. Eliopoulos moved to approve Resolution No. 4$-09 {approving the
final DDA ranillage rate for fiscal .year 2010), seconded by Mr. Frankel. Upon roll call the
Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos
-Yes; Mr. Fetzer -Yes; Mr. Frankel -- Yes. Said motion passed with a 5 to 0 vote.
10.C. RESOLUTTON N0.49-09 BUDGET ADOPTTON FOR FY 2010): A
resolution making appropriations of sums of money for all necessary expenditures of the
City of Delray Beach for the period October 1, 2009 through September 30, 2010.
The caption of Resolution No. 49-09 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, MAKING
APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF
DELRAY BEACH FOR THE PERIOD FROM THE 1sT
DAY OF OCTOBER, 2009, TO THE 30TF~ DAY OF
SEPTEMER, 2010; TO PRESCRIBE THE TERMS,
CONDITIONS AND PROVISIONS WITH RESPECT TO
THE ITEMS OF APPROPRIATIONS AND THEIR
PAYMENT; AND TO REPEAL ALL RESOLUTIONS
WHOLLY IN CONFLICT WITH THIS RESOLUTION
AND ALL RESOLUTIONS INCONSISTENT WITH
THIS RESOLUTION TO THE EXTENT OF SUCH
INCONSISTENCY.
{The official copy of Resolution No. 49-09 is on file in the City Clerk's
office.)
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
The City Manager stated attached to the resolution is Exhibit "A" which
gives the overall numbers for the budget and includes from prior year surplus
$621,210.00 and the total budget is $96,636,980,00. He stated there is no contingency in
this budget.
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09/22/09
Mr. Eliopoulos inquired about the Family Recreation and Fitness Center
that the voters voted on and asked how the Commission plans to approach this. The City
Manager stated staff will need direction from the Commission and suggested that we
should go ahead at some point and get those plans revised. The City Manager stated this
was designed in such a way that it could be built in two phases and suggested in order to
fulfill the City's obligation to the voters, that the Commission look at the first phase as
soon as financial conditions allow.
The City Attorney stated he can research this to see if there is a certain
timeframe that the City would have to take action by on that.
Mayor McDuffie asked about the debt service restructuring coming up on
the City's bond payments. The City Manager stated that drop in debt service occurred
this year.
Mr. Fetzer asked if this resolution covers both the Capital Improvement
Plan and the General Fund. The City Manager stated these have to be voted on
separately.
Mr. Frankel moved to approve Resolution No. 49-09 (adopting the fiscal
year 2010 Budget}, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mayor McDuffe --- Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - No; Mr. Frankel -
Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 1 vote, Commissioner Fetzer
dissenting.
10.C.1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN:
Accept the Planning and Zoning Board's finding that the proposed Five Year Capital
Improvement Plan and FY 2010 Capital Improvement Budget are consistent with the
Comprehensive Plan, and approve same.
Paul Dorling, Director of Planning and Zoning, reported that the Planning
and Zoning Board reviewed the Capital Improvement Plan last night at their meeting and
did find it consistent with the Comprehensive Plan as required by State law.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding the Five Year Capital
hmprovement Plan, the public hearing was closed.
Mr. Eliopoulos moved to approve the Five Year Capital Improvement
Plan, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor
McDuffie -Yes. Said motion passed with a 5 to 0 vote.
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09/22/09
10.D. RESOLUTION NO. 42-491ACQUISITION OF PROPERTY1706 S.W.
Z~~STREET Consider approval of Resolution No. 42-09 authorizing the City to
purchase property located at 706 S.W. 2"d Street. Funding is available from 118-1934-
554-62.10 (Neighborhood Services/Capital Outlay/Building). (STAFF RE UESTED
THIS ITEM BE POSTPONED
For the record, the City Attorney stated there was a public notice sent out
for this item; however, staff is requesting that Resolution No. 42-09 be postponed.
Mr. Eliopoulos moved to postpone Resolution No. 42-09, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 5 to 0 vote.
14.E. ORDINANCE NO. 45-09: An ordinance amending Chapter 51,
"Garbage and Trash", of the City Code of Ordinances by amending Section 51.70,
"Regular Charges Levied", to provide for decreased residential and commercial
collection service rates far FY 2010.
The caption of Ordinance No. 45-09 is as follows:
off ce.}
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 51, "GARBAGE AND
TRASH", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY AMENDING
SECTION 51.70, "REGULAR CHARGES LEVIED",
TO PROVIDE FOR DECREASED RESIDENTIAL
AND COMMERCIAL COLLECTION SERVICE
RATES FOR FY 2010; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 45-09 is an file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
The City Manager stated this ordinance has a 2% rate decrease because of
the way the City's franchise agreement is structured it is due to the decrease in diesel fuel
costs. He stated when the City changes from an exclusive C&D franchise with Waste
Management and opened it up, Waste Management to compensate for that increased the
monthly cost for single-family by an additional $.20 and multi-family by $.10 per month.
The City receives some additional franchise fee revenue as well as application fees and
30
09/22/09
the benef ciaries of the competition are the builders. The City Manager stated that we
should stop passing that additional cost through to residential properties and further
reduce our rates for garbage collection by $.20 for single-family units and $.10 for multi-
family. For example, the City Manager stated rollout carts for single-family instead of
garbage collection being $6.00 it would be $5.80 for that part of the cost; rear-door would
decrease to $15.57; curbside in bags would decrease to $3.85; for multi-family would
decrease from $3.03 per unit to $2.93 per unit.
Mr. Eliopoulos inquired about the changes. The City Manager stated
when the City was considering whether or not to do the five-year extension with Waste
Management on the franchise agreement they made two proposals; one proposal was if
the City allowed them to keep C&D exclusive and the second praposal was if the City did
not allow Waste Management to keep C&D exclusive and opened it up to competition
and in that proposal Waste Management increased the cost over the exclusive proposal by
$.20 per single-family unit and $.10 per multi-family unit. The City Manager suggested
that the City not pass through to our residential users that additional $.20 per single-
family and $.10 per multi-family unit.
Mayor McDuffie asked the City Manager to draft a response to Mr.
Shanus from the Pines of Delray regarding his concerns. The City Manager stated the
reason he is billed that way is because multi-family is billed per unit and not per
container.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 45-09,
the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 45-09 on Second and FINAL
Reading as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted
as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos
-Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
iO.F. ORDINANCE NO. 45~-U9: Consider a city initiated amendment to
Chapter 71, "Parking Regulations" of the Code of Ordinances by amending Section
71.058, "Cost of Parking or Standing Vehicles in Certain Metered Spaces", to provide for
the meter fee charged and listing the parking lots affected; and by enacting Subsection
71.065, "Parking Garages", to provide for the regulation of public parking garages.
The caption of Ordinance No. 4~6-09 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 71, "PARKING
REGULATIONS" OF THE CODE OF ORDINANCES
BY AMENDING SECTION 71.058, "COST OF
PARKING OR STANDING VEHICLES IN CERTAIN
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09/22/09
METERED SPACES", TO PROVIDE FOR THE METER
FEE CHARGED AND LISTING THE PARKING LOTS
AFFECTED; AND BY ENACTING SUBSECTION
71.065, "PARKING GARAGES", TO PROVIDE FOR
THE REGULATION OF PUBLIC PARKING
GARAGES, PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTNE DATE.
office.)
(The official copy of Ordinance No. 4b-09 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the Iaws of the State of Florida
and the Charter of the City of Delray Beach, FIorida.
Scott Aronson, Parking Management Specialist, stated the ordinance
increases on-street parking meter fees from $1.00 per hour to $1.25 per hour and fees in
the parking lots along the beach and A-1-A remain at $1.00 per hour. Mr. Aronson stated
the ordinance also provides for the regulation of public parking garages. He stated the
ordinance also provides that the City charge fees for parking in the garages on Thursday,
Friday and Saturday evenings (peak periods) $5.00 per car. Mr. Aronson stated the
ordinance also addresses banning skateboarding, rollerblading, loitering and consumption
of alcohol within the buildings.
Mr. Frankel asked why some of the lots are going to stay at $1.00. Mr.
Aronson stated when staff presented this they felt the option to keep one of the lots at
$1.00. Mr. Aronson stated the parking lots now with the credit card use have seen a
drastic increase in the revenue. He stated this will help to get some of the traffic off A-1-
A and into some of the lots that are less utilized than on-street parking. Mr. Frankel
stated he feels the increase should be $1.25 everywhere.
Mrs. Gray asked if there are any plans in the future to have alI of the
meters become credit card friendly. Mr. Aronson stated during the bid process there was
direction from the Commission to separate to have single-head meters on A-1-A for
enforcement purposes and staff is going to try to negotiate a test program with a single
meter company that now accepts credit cards.
It was the consensus of the Commission to increase the parking meter fees
from $1,00 to $1.25.
Mayor McDuffie inquired about the enforcement on the beach of the
parking meters. He asked if people can go to the credit card device and find out the
spaces that are expired just from that device or do they have to go through the parking lot.
Mr. Aronson stated the City recently changed to a "pay and display" where the receipt
needs to be placed on the dashboard of the vehicle. However, they still have to
32
09/22/09
physically go to each vehicle to see if someone has the parking sticker.
Mayor McDuffie declared the public hearing open.
Gear~e Mancini, 1014 Bay Street, Delray Beach, FL 33483, stated this
is good that the City wants to increase the fee from $1.00 to $1.25; however, after 4:00
p.m. nobody is writing tickets for violations.
The City Manager stated the Police Deparhnent has started investigated
this.
Mr. Mancini stated there are 2034 parking violations every night he rides
his bike along Atlantic Avenue.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 46-09, the public hearing was closed.
Mr. Eliopoulos moved to adopt Ordinance No. 46-09 on Second and
FINAL Reading with the amendment that all parking lots be increased to $1.25, seconded
by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes;
Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes.
Said motion passed with a S to 0 vote.
14.F.1. RESOLUTION NO. 54-09: Consider adoption of Resolution No. SO-09
which establishes certain rules, regulations and fees to govern the Federspiel and 01d
School Square parking garages.
The caption of Resolution No. SO-09 is as follows:
Office.)
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
THE ATTACHED REGULATIONS AND FEES FOR
THE OLD SCHOOL SQUARE AND FEDERSPIEL
PUBLIC PARIKING GARAGES.
(The official copy of Resolution No. SO-09 is on file in the City Clerk's
The City Attorney read the caption of the resolution. 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.
Scott Aronson, Parking Management Specialist, stated Resolution No. SO-
09 establishes certain rules, regulations and fees to govern the Federspiel and Old School
Square parking garages.
33
09/22/09
i
Mayor McDuffie declared the public hearing open.
Christina Morrison Pearce, 2000 South Ocean Boulevard #307.
Delray Beach, FL. 33483, stated in the Budget Workshop meeting this was discussed and
the fact that the City is going to charge for the parking garages but on the street it is free.
Ms. Pearce suggested that there be meters on the street outside the Old School Square
garage.
The City Manager stated the City has a consultant engaged to do a
comprehensive parking management study and staff feels it is important to get their
advice on exactly what to do as far as on-street meters including the entire downtown.
There being no one else from the public who wished to address the
Commission regarding Resolution No. 50-09, the public hearing was closed.
Mr. Frankel stated he supports this resolution with the hopes that the
parking study showing that for the City that we need to put meters.
Mr. Fetzer stated he views this as an interim measure until we get the full
parking study.
Mrs. Gray moved to approve Resolution No. 50-09, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows; Mayor McDuffie -Yes;
Mr. Eliopoulos -Yes; Mr. Fetzer -- Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said
motion passed with a 5 to 0 vote.
10.G. ORDINANCE NO 47-09: Consider a city-initiated amendment to
Chapter 92, "Boats and Boating", by amending Section 92.32, "License Agreement for
Boat Dockage", and Section 92.33, "Dockage Rates and Fees", to clarify certain language
in the license agreement and to modify certain rate structures.
The caption of Ordinance No. 47-09 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 92, "BOATS AND BOATING",
BY AMENDING SECTION 92.32, "LICENSE
AGREEMENT FOR BOAT DOCKAGE", AND
SECTION 92.33, "DOCKAGE RATES AND FEES", TO
CLARIFY CERTAIN LANGUAGE IN THE LICENSE
AGREEMENT AND TO MODIFY CERTAIN RATE
STRUCTURES, PROVIDING A GENERAL REPEALER
CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 47-09 is on file in the City Clerk's
34
09/22/09
office.)
The City Attorney read the caption of the resolution. 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.
Linda Karch, Director of Parks and Recreation, stated this is to change the
annual expiration date in the ordinance and to also remove the fee for a boat a minimum
of 35 foot boat. Ms. Karch stated it is not changing the size of the boat that we are going
to allow but it is just the fact that the City is not going to charge the minimum rate on a
35 foot vessel.
Mayor McDuffie declared the public hearing open,
George Asplaud, 159 Marine Way, Slip #9, Delray Beach, FI. 33483,
asked for clarification regarding this ordinance.
Ms. Karch stated the City currently allows boats under 35 feet in the
marina but they are charged the 35 foot rate. She stated the lowest boat would be a 24 or
30 feet.
Mayor McDuffie clarified that the minimum rate is not calculated on 35
feet. Ms. Karch stated is someone came in with a 30 foot boat the minimum rate would
be calculated on a 30 foot boat.
Mr. Fetzer inquired as to why the ordinance does not specify a minimum
size. Ms. Karch stated the City never has had a minimum size specified in the ordinance
and has been up to the discretion of the Parks and Recreation Department as to allowing a
smaller boat.
Alberta .. Gaum, Proiect CoordinatorlParks and Recreation
Deuartment~ stated the City has received several requests for boats under 35 feet but we
have never had anything under 29 or 30 feet.
Ms. Karch stated staff can put a minimum size for boats in the ordinance.
She stated the way it stands now the City is eliminating that fee for somebody who has
under a 35 foot boat to have to pay the 35 foot rate.
Mr. Fetzer stated to him it would not make sense to have a very small boat
at the marina but taking the minimum fatally out of the ordinance seems vague to him.
The City Attorney stated staff is taking the rate structure for the charge out
of the ordinance. He stated all the City is doing in the ordinance now is saying that the
City can set fees if somebody comes in with a 20 foot boat then we can charge them for
that 20 foot boat and we do not have to charge them fora 35 foot boat. The City
Attorney stated that is the only change this ordinance does along with changing when the
35
09/22/09
The City Attorney stated if the Commission would like to modify this
ordinance then this ordinance would have to go back again as a first reading. The City
Attorney stated if the Commission would like to change the rules it will come back to the
Commission one time for the Commission to vote to change the rules whereas if it is an
ordinance staff would have to publish it and then it would take two hearings to adopt that.
Mr. Asplaud expressed concern over safety and feels a 13 foot whaler
would be inappropriate to those slips. He stated you can lease a 30 foot slip down the
street for $350.00 and a 30 foot boat in Delray's marina at the new recommended rate
will be $540.00.
It was the consensus of the Commission to approve the ordinance but
bring an amendment to the rules on October 6, 2009 to further clarify a certain minimum
boat size that the City would allow in the Delray Beach Marina.
Robert G. Rillin 159 Marine Wa Sli #20 Delra Beach FL
33483 lived in the Marina for 20 ears and briefl discussed his credentials stated
small boats are dangerous in a marina and the way the slips are boat it is in wise to open
it up to smaller boats. Mr. Rifling stated during the event of a hurricane a small boat
cannot be tied up enough solidly enough when it gets airborne. He suggested keeping the
35 foot minimum cost in the ordinance because he believes for economic reasons it is
wise.
Patrick Howe, 189 Marine Way, Slip #3, Delray Beach, FL 33483,
stated he has been alive-a-board for 6 %2 years and awns a 31 foot well craft that weighs
about 6 tons. Mr. Howe stated he has stated aboard for all of the last stornns and has
never had any damage to his boat and his boat has never broken loose. He stated he has
only been at the Delray Beach Marina for a year and although his boat is only 31 feet he
has endured paying fora 35 foot slip. Mr. Howe stated if you have an 1$ foot boat you
are not going to pay $400.00 when you can go down the next canal and get it for $180.00.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 47-09, the public hearing was closed.
Mr. Eliopoulos moved to adopt Ordinance No. 47-09 on Second and
FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -
Yes. Said motion passed with a 5 to 0 vote.
10.H. ORDINANCE NO. 48-09: Consider acity-initiated amendment to
Chapter 117, "Landlord Permits" of the Code of Ordinance 6y amending Section 117.02,
"Permit Fees", to provide for an increase in the Landlord Permit fee from $50 per unit to
$60 per unit effective October 1, 2009.
The caption of Ordinance No. 48-09 is as follows:
36
09/22/09
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 117, "LANDLORD
PERMITS", OF THE CODE OF ORDINANCES, BY
AMENDIlVG SECTION 117.02, "PERMIT FEES", TO
PROVIDE FOR AN INCREASE IN THE LANDLORD
PERMIT FEE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
office.)
(The official copy of Ordinance No. 48-09 is on file in the City Clerk's
The City Attorney read the caption of the resolution. 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.
Lula Butler, Director of Community Improvement, stated the last time the
City raised this fee was two years ago. Mrs. Butler stated this fee was implemented in
1996 and had not increased it prior to that. She stated when staff conducted a survey last
year of what other surrounding cities charge we found that Delray Beach was very low
compared to other cities that had similar fees. Mrs. Butler stated staff is coming before
the Commission every other year doing an incremental increase to get to where we need
to be.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 48-09,
the public hearing was closed.
Mrs. Gray moved to adopt Ordinance No. 48-09 on Second and FINAL
Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr.
Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr.
Eliopoulos --- Yes. Said motion passed with a 5 to 0 vote.
10.1. ORDINANCE NO. 49-04: Consider acity-initiated ordinance a mending
Chapter 96, "Fire Safety and Emergency Services", of the Code of Ordinances by
amending Section 96.66. "Emergency Medical Transportation Fees", Subsection
96.66(A), to adjust the fee schedule for emergency medical transportation in accordance
with the National Ambulance Fee Schedule.
The caption of Ordinance No. 49-09 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 96, "FIRE SAFETY AND
EMERGENCY SERVICES", OF THE CODE OF
37
09/22/09
ORDINANCES OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 96.66. "EMERGENCY
MEDICAL TRANSPORTATION FEES", SUBSECTION
96.66(A}, TO ADJUST THE FEE SCHEDULE FOR
EMERGENCY MEDICAL TRANSPORTATION IN
ACCORDANCE WITH THE NATIONAL AMBULANCE
FEE SCHEDULE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE
DATE.
office.)
(The off cial copy of Ordinance No. 49-09 is on file in the City Clerk's
The City Attorney read the caption of the resolution. 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,
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Caxnmission regarding Ordinance No. 49-09,
the public hearing was closed.
Mr. Frankel moved to adopt Ordinance No. 49-09 on Second and FINAL
Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows:
Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -- Yes; Mr. Eliopoulos ----Yes; Mr.
Fetzer -Yes. Said motion passed with a 5 to 0 vote.
10.J. ORDINANCE NO. 39-09: Consider aprivately-initiated amendment to
Land Development Regulations (LDR} Section 4.3.4., "Base District Development
Standards", Subsection. (H)(6), "Special Setbacks", to modify the area where the thirty
foot special combination setback must be provided.
The caption of Ordinance No. 39-09 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 4.3.4, "BASE DISTRICT
DEVELOPMENT STANDARDS", SUBSECTION (H)(6),
"SPECIAL SETBACKS" TO MODIFY THE AREA
WHERE THE THIRTY FOOT SPECIAL
COMBINATION SETBACK MUST BE PROVIDED;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The off cial copy of Ordinance No. 39-09 is on file in the City Clerk's
38
09/22/09
office.)
The City Attorney read the caption of the resolution. 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 a privately
initiated amendment to the section of the LDRs which talks about requiring a
combination building and landscape setback along S.E. 10th Street from northbound
Federal Highway to Military Trail. Mr. Dorling stated that combined setback is 30 feet
with the first ten feet being landscaped area. He stated what the City has been
encouraging up and down this corridor to the north is moving the buildings to the front
and then requiring parking to the rear. Mr. Dorling stated staff supports the request at
this time.
At its meeting of August 17, 2009, the Planning and Zoning Board
considered this text amendment and recommended approval.
Mayor McDuff e declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 39-09,
the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 39-09 on Second and F]NAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. -
Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -- Yes; Mr,
Frankel -Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
ll.A. Cit Mana er's res onse to rior ublic comments and in uiries.
inquiries.
The City Manager had no response to prior public comments and
11.8. From the Public.
11.B.1. Chuck Ridle 210 N.W. 2°d Avenue Deira Beach stated last Saturday
citizens met to discuss updating the Southwest Neighborhood Plan and stated it was a
wonderful event and the turnout was great. He stated the Southwest Plan is broken into
five sub-areas and he is happy to hear that the Commission is moving forward with their
support of the Northwest Corridor area (Gateway). Mr. Ridley stated subsection two is
what is referred to as Frog Alley {5th Avenue Corridor} and they can see some
improvements there. He commented about sub-area three {Village Center} and stated
there is a Conditional Use Request Agreennent forthcoming on the Auburn property. Mr.
Ridley urged the Commission to support staff's recommendation and noted that staff has
39
09/22/09
been diligent in looking at all the issues that impact them especially as it relates to the
land use and the workforce ordinance. He stated the first project was very special;
however, he feels the next project does not meet the test of being special and is just
another apartment complex. Mr. Ridley stated they feel that if it is going to get the
special considerations that are being asked, then it should be special and enhance the
neighborhood. He stated this particular one is not special enough and they are willing to
find the common ground to get this to be special.
At this point, the Commission moved to Item 13, Comments and
Ingrriries on Non-Agenda Items.
13. COMMENTS. AND INQUIRIES ON NON-AGENDA. ITEMS.
13.A. City Manager
The City Manager had no comments and inquiries on non-agenda items.
13.B. City Attorney
The City Attorney had no comments and inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mr. Fetzer
Mr. Fetzer commented about the newspaper article regarding the Chamber
of Commerce making their award to the winner of the cost savings idea and asked staff to
follow up with the Chamber on that. Mr. Fetzer stated he would Iike to take advantage of
what the winner suggested for the City.
13.C.2. Mr. Eliopoulos
Mr. Eliopoulos had no comments or inquiries on non-agenda items.
13.C.3. Mrs. Gray
Mrs. Gray thanked the Commission for appointing her.
13.C.4. Mr. Frankel
Mr. Frankel complimented the Commission and staff regarding their work
on the budget and although they do not agree on everything they have all treated each
other with respect.
Secondly, he stated Mr. Kornblau gave him a tour of the Delray Beach
Library on Monday morning and noted how busy it was for a Monday morning,
40
09/22/09
Lastly, Mr. Frankel stated Lieutenant Tabeek will be at the Falcon House
in the next few weeks doing a fundraiser for the library with other members of the Fire-
Rescue Department. Mr. Frankel stated he has volunteered to do the fundraiser next
month and while the City had to cut 5% from the library's budget, everyone is helping
out to support it.
13.C.5. Mayor McDuffie
Mayor McDuffie thanked the Commission and staff for their work on the
budget and everyone is to be commended. He stated this is one of the bigger jobs he has
ever seen done since he has been involved with the Commission; for the Commission to
stick together for as many meetings as they did and review things in the detail that they
did. Mayor McDuffie stated unless all the economists that the City deals with and all the
trends we are looking at are wrong everyone needs to get prepared for the upcoming
budget year.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 10:13 p.m.
~.
City Clerk
ATTEST:
~~
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on September 22, 2009, which Minutes were formally approved and adopted by the City
Commission on octotier 6, 2009 .
~'
City Clerk
41
a9~22~09
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
09/22/09
IN THE CITY COMM[SSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. "this is an appeal of a decision of the Site Plan Review and Appearance
Beard (SPRAB) regarding the denial by SPRAB of a request to approve a modified
Master Sign Program (LDR Section 4.6.7(F)(2)(b)) for CVS, located at Federal Highway
and George Bush Boulevard. This appeal comes before the City Gommission on
September 22, 2009.
2. "I-he Appellants, Appellee and City staff presented documen#ary evidence
and testimony to the City Commission pertaining tv the appeal ofi the denial by SPRAB
of a modification to the Master Sign Program. All of the evidence is part of the record in
this case. Required findings are made in accordance with Subsection I.
I. LAND DEVELOPMENT REGULATIONS: ARE THE LDR REQUIREMENTS
MET? '
Pursuant to Section 4.5.7(F)(2)(b), the Master Sign Program provides that the
intent ofi the sign code be maintained and the character of the community not be
diminished. UVould granting the appeal meet this requirement?
Yes No /
3. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adapts the facts contained
in the retard including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
City Commission Meeting an September 22, 2009; Item 9.A.
.~
~. Based on the entire record before it, the City Commission approves /
denies the appeal this 22"~ day Qf September, 20fl9, by a vote of 0 in favor
and 5 opposed.
Nelson S. McDuffie ~ r
ATTEST.
Chevelle Nubia
City Clerk
City Commission Meeting on September 22, 2009; Item 9.A.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST RELATING TO A TEMPORARY USE
PERMIT TO ALLOW THE OUTDOOR STORAGE OF LANDSCAPE
MATERIA! FOR HRH FLOORING AT 2004 NORTH FEDERAL HIGHWAY
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This waiver request to expand the list of temporary uses to allow the
outdoor storage of landscape material far a period not to exceed nine (9} months at
2DCi4 North Federal Highway has came before the City Commission on September 22,
20Q9.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the temporary use
permit. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsection t.
I. WAIVER:
LDR Section 2.4.6(F} provides of a list of allowable temporary uses, outdoor
storage is not included in the list. The Applicant is requesting a waiver to Section
2.4.6(F} to allow the outdoor storage of landscape material.
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) Sha11 not adversely affect the neighboring area;
(b} 511x11 not significantly diminish the provision of public facilities;
(c} Shall not create an unsafe situation; and,
(d) Does nv# result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on other
property for another applicant or owner.
Does the waiver request, subject to the I[sted condition, meet all the
requirements of 2.4.T{B){5)?
That the wes# side of the outdoor storage area is screened {mesh,
perms-hedge, hedge, etc.} at a minimum height of six feet {G'),
Yes / No
1
City Commission Meeting from Sepfern6er 22, 2009; Item 9.B.