11-17-09 Regular Meeting MinutesNOVEMBER 17z 2009
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers
at City Hall at 6:00 pm., Tuesday, November 17, 2009.
I. Roll call showed:
Present - Commissioner Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Conunissioner Adam Frankel
Conunissioner Angeleta Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Thomas Skindeleski with
St. Vincent Ferrer Catholic Church.
3, The Pledge of Allegiance to the flag of the United States of America was
given.
4.
AGENDA APPROVAL.
Mr. Fetzer requested that Item 8,A., Service Authorization No. 07-
12IMathews Consulting, Inc. be removed from the Consent Agenda and moved to the
Regular Agenda as Item 9.A,A.
ZUtrs. Gray requested that Item B.B., Rescind Public Art ComponentlArt
and Jazz on the AvenuelSummer Nights on the Avenue be removed from the Consent
Agenda and moved to the Regular Agenda as Item 9.A.A.A.
There is a revised agreement for Item B.D., First Amendment to the
Interlocal A~reementlPalm Beach CountvlDelrav Beach l=lousin~ Authority for
Carver EstateslAuburn Avenue. Also, there is additional information for Item B.F.,
Amendment No. 2 to the Agreement With GovDeals, Inc., a revised Board Order for
Item 9.A., Conditional Use Extension Reauest/Atiantic Shores, and Item 9.E.,
Resolution No. 61-09 has been added to the Regular Agenda by addendum.
11/17/09
Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr.
Frankel. Upon roll call the Corranission voted as follows: Mr. Fetzer -Yes; Mr. Frankel
- Yes; 14~rs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion
passed with a 5 to 0 vote.
5. APPROVAL OF MINUTES;
Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of
November 3, 2009, 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.
11Th-. Frankel moved to approve the Minutes of the Workshop Meeting of
November 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 ~ to 0 vote.
6. PROCLAMATIONS:
6.A. RecoEnizin~: and Commending Trinity Lutheran Varsity Football
Team
Mayor McDuffie read a proclamation hereby recognizing and
commending Trinity Lutheran School Varsity Football Team for their excellent
performance and outstanding achievements in football and for bringing honor and
distinction to Trinity Lutheran School and the City of Delray Beach.
7. PRESENTATIONS:
7.A. City of Delray Beach Residents Academy Certificates -Janet Meeks
Janet Meeks, Education Coordinator, presented the following participants
of the 16t~' Graduating Class for the City of Delray Beach Residents Academy with
Certificates:
William Abell, Real Estate
Manager
Jess Bailey, Realtor
Annie Jean Adkins, Attorney
Margherita Downey, Youth Court
Judge
Clifford Durden, Jr. EMS and
EPOCH Boards
Victor Kirson D.Q.S., Police
Advisory Board
Judy Giovino, Downtown
Cooperative
John Holland, Real Estate
Lloyd Hasher, General Contractor
Diane Franco, Land Developer
Nancy Hogan, Chamber Volunteer
Gerecia Jackson-Edmond,
Community Land
Trust
Cheryl fee-Bennett, Teacher
Lorraine Maclaren
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Jim Matheson, Financial Advisor
Dale Miller, Interior Design
John Runyan, Retired
Dinah Stephenson, Attorney
Penny Sugar, Development
Director
James Washing#on, Rotary
Danielle Winn, Recreation
Supervisor
Margherita Downey stated this class was fabulous and she is grateful to
the Cammission that the Residents Academy is offered to its residents. Ms. Downey
stated she is thoroughly impressed with the public servants, the fire and police
department. She stated she has more confidence and trust in the Commission and the
Mayor that they are doing a good job because the Department Heads explained what is
going on. She stated the class was very informative and thar~ed the Commission. Ms.
Downey stated she is very proud to say that she lives in Delray Beach.
$. CONSENT AGENDA: City Manager Recommends Approval.
B.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
$.B. T~IIS ITEM .HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.
B.C. AMENDMENT TO THE INTERLOCAL AGREEMENTIPALM
BEACH COUNTY: Approve an Amendment to the Interlocal Agreement between the
City and Palm Beach County extending the time of completion to January 30, 2010
for installation oftrombone signal mast arras at the intersection West 12th Avenue and
West Atlantic Avenue. Palm Beach County will reimburse the City in the amount of
$250,000.00 for costs associated with this project.
B.D. FIRST Ad1~NDMENT TO THE INTERLOCAL
AGREEMENTIPALM BEACH COUNTYIDELRAY BEACH HOUSING
AUTHORITY FOR CARVER ESTATES/AUBUF:N AVENUE: Approve a First
Amendment to the Interlocal Agreement between Palm Beach County, the City and
Delray Beach Housing Authority (DBF[A} for improvements an S,W. 12th
AvenuelAuburn AvenuelS.W. 14th Avenue from S.W. 10th Street to West Atlantic
Avenue, which provides for reimbursing the City $1,000,000.00 for the costs associated
with the improvements along this corridor.
B.E. LANDSCAPE MAINTEN~~ICE AGREEMENT/415 ENFIELD
ROAD: Approve and accept a landscape maintenance agreement with Rathy Laxsan
providing for the installation of hedges in the City's right-of--way to effectively screen the
proposed shadow-box fence at 415 Enfield Road.
8.F. A,MENDMENT NO. 2 TO THE AGREEMENT WITH GOVDEALS.
INC.: Approve Amendment No. 2 to the Agreement with GovDeals, Inc. to extend the
agreement an additional twenty-four X24} months.
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B.G. EXTENDED WARRANTY AND MAINTENANCE/ZOLL
1~I;~DICAL CORPORATION: Approve a one (1) year extended warranty and
maintenance in the amount of $22,052.00 to Zo11 Medical Corporation for sixteen (16)
Zoll Defibrillator Units. Funding is available from 001-2315-526-46.20 {General
Fund/Repair & Maintenance Services/Equiprnent Maintenance).
B.H, CONSENT TO ASSIGNMENT/T-MOBILE TO MOBILITIE
INVESTMENTS II, LLC.: Approve the Consent to Assignment to transfer a City lease
agreement from T-Mobile to Mobilitie Investments II, LLC for the cell tower at Barwick
Park.
B.I. RATIFICATION OF APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Ms.
Diane Franca to the Parking Management Advisory Board for a term ending July 31,
2010.
B.J. RATIFICATION OF APPOINTMENTS/HIDS AND COPS
COMMITTEE: Approve and ratify the current appointees to the Kids and Cops
Conunittee for two (2) year terms ending November 30, 201 1.
B.K. SPECIAL EVENT REQUEST/KIDS DAY AT THE TREE: Approve
and endorse Kids Day at the Tree scheduled for December 12, 2009 from 10:00 a.m. to
4:00 p.m.; granting a temporary use permit per LDR Section 2.4.6.(F) for the closure and
use of N.E. 1st Avenue from Atlantic Avenue to the alley north of Atlantic; and authorize
staff support for traffic control and security, barricading, trash clean up, fire inspection
and use of a City portable generator; contingent on the receipt of the Certificate of
Liability Insurance.
B.L. SPECIAL EVENT RE()UEST112TH A-NNIIAL FIRST NIGHT
2010: Approve a special event request to endorse the 12th Annual First Night 2010 event
on December 31, 2009 from 4;00 p.m. to midnight, granting a temporary use permit per
LDR Section 2.4.6(F) for the use of City rights-of-way and facilities as requested, and to
authorize staff support for traffic control and security, site cleanup and trash removal,
barricade set up and removal, signage construction and installation and EMS services.
B.M, SPECIAL E~rENT REQUESTIIIOWARD ALAN 21st
ANNIVEIt.SARY DELRAY BEACH FESTIVAL OF THE ARTS: Approve a special
event request for the 21st A-rmiversary Delray Beach Festival of the Arts sponsored by
Howard Alan Events, Ltd. to be held on January 16-17, 2010 from 10:00 a.m. to 5:00
p.m., granting a temporary use permit per LDR Section 2.4.6(F) far use of City rights-of-
way an Atlantic Avenue from the east side of N.E. 6th Avenue to Bronson, and the
Gladiola lot (S.E. 6th Avenue} for vendor parking; authorize staff support for security
and traffic control, barricade assistance, EMS assistance, and permit an event sign to be
erected on Atlantic Avenue just east ofI-95 fourteen (14} days prior to the event with the
sponsor paying all overtime costs.
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11 /17/09
8.N. SPECIAL EXTENT REQUEST/ART A,ND JAZZ ON THE
AVENUE» Approve a special event request to endorse the next Art and Jazz an the
Avenue to be held on January 28, 2010 from 6:00 p.rn. to 10:00 p.m,, to grant a
temporary use permit per LDR Section 2,4.6(F} far the closure of Atlantic Avenue from
Swinton to the west side of N.E.lS.E. 7th Avenue, Railroad Avenue from Atlantic north
to the north side of the eastlwest alley, and to the alleys north and south of Atlantic on
N.E./S.E. 1st Avenue, N.E.lS.E. 2nd Avenue, S.E. 3rd Avenue, N.E.lS.E. 4th Avenue,
and S.W. 5th Avenue from S.W. 1st Street to about 1!2 block north; to authorize staff
support for security, traffic control, EMS assistance, banner hanging and removal,
barricade set up and removal, and trash removal and clean up; contingent upon receipt of
an updated Certificate of Liability Insurance.
B,fJ. SPECIAL E'4TElYT REQUEST/11th ANNUAL GARLIC
FESTIVAL» Approve a special event request for the 11th Annual Garlic Festival to be
held on February 12-14, 2010, and to grant a temporary use permit per LDR Section
2.4.6(F} for use of City rights-of--way to include N.E. 1st Avenue from Atlantic to the
grass area at Old School Square, Swinton Avenue from Atlantic to N.E. 1st Street and
Old School Square Park, from 6:00 a.m., February 12 through midnight, February 14,
2009 and use of the Old School Square Parking Garage and the City Attorney lot far
event parking, and authorize staff support for traffic control and security, EMS
assistance, barricading, batxner hanging, signage preparation and installation, site cleanup
and trash removal, and waiver of the two (2) hour parking limit in the downtown area
during the event subject to the conditions listed in the staff report recommendation.
S.P. SPECIAL EVENT REQUESTl42ND ANNUAL SAINT PATRICK'S
DAY PA.RADE» Approve a special event request for the 42nd Annual St, Patrick's Day
Parade and Party on Saturday, March 13, 2010, beginning with setup at 11.00 a.m.,
parade starting at 2:00 p,m, and ending at approximately 4.00 p.rn., and a event at Old
School Square from 11:00 a.m. to 7:00 p.m.; to grant a temporary use permit per LDR's
Section 2.4.6(F} for the use of Atlantic Avenue from Venetian Drive to N.W. 1st Avenue
for the parade and Venetian Drive and Gleason Street for staging of parade entries; and to
approve staff support for traffic control and security, barricading, trash removal, EMS
assistance, use of half of the small stage and to allow event signage to be put up fourteen
(14) days prior to the event; contingent upon receipt of the required certificate of liability
insurance by March 3, 2010.
~: SPECIAL EVENT REQUESTlSAVUR THE A~TENUE» Approve and
endorse Savor the Avenue, sponsored by Florida Table Magazine and supported by the
Downtown Marketing Cooperative, to be held an March 18, 2010 from 5.30 p.m. to 8:30
p.rn.; to grant a temporary use permit per LDR Section 2.4.6(F} for closure and use of
Atlantic Avenue from Swinton to the west side of N.E.lS.E. 5th Avenue; and to authorize
staff support for traffic control and security, barricading, use of a City awned portable
generator and banner hanging with barrners to be hung na sooner than 14 days prior to the
event; contingent upon receipt of a certificate of event and alcohol liability insurance and
an executed Hold Harmless Agreement by March 8, 2010.
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11!17!09
S.R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period November 2, 2409 through November 13, 2049.
S.S. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Stanley Convergent Security Solutions, Inc. in
the amount of $22,261.04 for the installation of Phase II of the
security/fire monitoring system at the Water Treatment Plant.
Funding is available from 442-5178-536-64.90 (Water and Sewer
Renewal Replacement Fund!MachinerylEquipmentlQther
MachineryCEquipment}.
2. Contract award to Chaz Equipment Company, Inc. in the amount
s of $29,544.40 for emergency repair of the 36" Raw Water Main at
the intersection of S.W. 7th Street and S,W. 15th Avenue. Funding
is available from 442-5178-5.36-63.50 (Water & Sewer Renewal
and Replacement Fundllmprovements C}therlWater Mains).
Mr. Eliopoulos moved to approve the Consent Agenda as amended,
seconded by Mr. Frankel, Upon roll call the Commission voted as follows: Mayor
McT}uffie -Yes; ~?lr. 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.A. SERVICE AUTHORIZATION NO. 07-12/MATHEWS
CONSULTING, INC.: Approve Service Authorization No. 47-12 in the amount of
$78,322.40 to Mathews Consulting, Inc. for performance of a water system audit to
identify sources of unaccounted far water in the City's system. Funding is available from
441-5161-536-34.90 (Water & Sewer Fund/Other Contractual Services).
Randal Krejcarek, City Engineer, stated this is a service authorization with
Mathews Consulting to do a water study audit of the water system to try and find sources
of unaccounted for water in the City's system. Mr. Krejcarek stated studies have shown
that water systems lose between 14-15°t° of the water that they produce. The South
Florida Water Management District {SFWMD} Basis of Review for consumptive use
permitting {CUP} limits unaccounted for water to a maximum value of 14°l0. I3e stated
last year the City averaged approximately 23°l° and staff would like to enter into an
agreement with Mathews Consulting for them to take a look at various different areas
where the City can possibly find this lost water and recoup it. Staff recommends
approval of Service Authorization 07-12 for Mathews Consulting, Inc.
Mr. Fetzer stated he is very supportive of finding out why we have pretty
substantial amounts of water that we are not accounting far. He stated according to the
memo it appears that staff does not think it is actual leakage. Mr. Fetzer stated this is
quite a bit of money and he would like to better understand how they go about doing this
and what their experience with other cities has been where they have done this type of
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work. Mr. Krejcarek stated Mathews Consulting is going to do a comprehensive study
and look at the ability to find leaks, replacement of meters, how the water comes and
leaves the plant. Mr. Fetzer inquired whether this is more than a paper audit and asked if
they actually do field work to evaluate some of these things. Mr. Krejcarek confirmed
that this is correct.
Mr. Eliopoulos stated this is a large sum of money and asked why we
aren't just targeting these old meters and focusing on that. Mr. Krejcarek stated staff is
not sure if this will bring that percentage down to where it needs to be with South Florida
Wastewater Management District (SFWMD) so the City needs to do a comprehensive
study to look at all aspects of the system to see if there maybe something as substantial
or more substantial than the old meter replacements.
The City Manager stated the reason the City waiting until now to do this is
for whatever reasons after the Municipal Solutions report came in the unaccounted for
water declined to zero but it has gone back up. He stated staff felt that after looking at
the average for the year we really need to go ahead and do the audit.
Mayor McDuffie stated he assumes that the City has pressure tests so that
if we lose water pressure we know that we are losing large quantities. Mr. Krejcarek
stated the City has meters throughout the system that constantly test the pressure and
Mathews Consulting will also be taking a look at that to see the variations in pressures
throughout the system.
Mr. Fetzer moved to approve Item 9.A.A. (formerly Item 8.A.),
seconded by Mr. Eliopoulos. 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.
9.A.A.A. RESCIND PUBLIC ART COMPONENT/ART AND JAZZ ON THE
AVENUE/SUMMER NIGHTS ON THE AVENUE: Approve rescinding approval
of a Public Art component for six (6) Art and Jazz on the Avenue and six (6) Summer
Nights on the Avenue events in the amount of $10,000.00.
Mrs. Gray inquired about the reasoning for the return of the $10,000.00
for Art and Jazz on the Avenue and $10,000.00 for Summer Nights on the Avenue.
Marjorie Ferrer, Executive Director of the Downtown Marketing Cooperative, stated it
was due to a lack of response. She stated Summer Nights on the Avenue is finished and
she had a couple of false starts with the Call to Artists and the timing of it was not good
enough for the Downtown Marketing Cooperative to get an artist that they could
advertise because everything is done two months in advance for the printed pieces.
Randal Krejcarek, City Engineer, stated a call did go out and the Public
Art Advisory Board felt that the responses they got were not in line with what they were
expecting and what they wanted to promote in those events on Atlantic Avenue and that
is why they decided not to go with any of the artists.
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11/17/09
Mrs. Gray moved to approve Item 9.A.A.A. (formerly Item 8.B.),
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.A. CONDITIONAL USE EXTENSION REQUEST/ATLANTIC
SHORES: Consider a request to extend for two years the conditional use for
increasing the building height to a maximum of 60' and allowing more than 30 dwelling
units per acre (41.30 du/ac) for Atlantic Shores, located on the west side of S.E. 2nd
Avenue, approximately 80' south of S.E. 1st Street. (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. Nubin, 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 he spoke to Attorney Michael Weiner. Mrs. Gray
stated she had no ex parte communications to disclose. Mr. Eliopoulos stated he received
a call but no communication from Attorney Michael Weiner's office. Mr. Fetzer stated
he spoke with Attorney Michael Weiner. Mayor McDuffie stated he too spoke with
Attorney Michael Weiner this afternoon.
Paul Dorling, Director of Planning and Zoning, stated this is to extend the
conditional use for this project which increased the building height to a maximum of 60
feet and to allow a density above 30 dwelling units per acre (41.50 du/ac) for Atlantic
Shores. The proposal is to be built on vacant parcels south of Atlantic Avenue by the
FEC railroad track. Mr. Dorling stated this is a 0.85 acre site with parking on the ground
floor and four levels of residential above it for a total of 35 dwelling units. The second
and third floors would contain a pool, deck, exercise room, library, clubhouse, etc.
At its meeting of January 3, 2006, the City Commission approved the
conditional use associated with the proposed development to increase the height up to 60
feet and a density in excess of 30 units per acre (41.30 du/ac is proposed). On January
25, 2006, the Site Plan Review and Appearance Board (SPRAB) approved the
conditional use extension request. At its meeting of December 20, 2007, the Site Plan
Review and Appearance Board approved a site plan extension for the project. Those
approvals were subject to the following conditions which have been ignored: (1) that the
applicant has the site seeded and watered and remove the perimeter construction fence
until construction was imminent. Mr. Dorling stated that condition has not been
complied with. He stated if the City is inclined to give a further extension, staff
recommends that these conditions also be applied and that a 90 day limit be imposed to
actually achieve those items which should have been achieved two years ago and noted
that is attached as a condition of approval. The required findings under LDR Section
2.4.4(F)(2) are made in the staff report and this is one site that is considered under the
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11/17/09
category "Construction Has Commenced". Staff reconLmends approval of the conditional
use extension subject to the seeding and watering of the site and the removal of the
construction fence. He stated there is also a comment about the final plat and noted that
comment was placed in there as a matter of due diligence in the project. In reviewing the
file, there is a final plat that has not been finalized and they have had four years to do it
so that has been included as a condition.
lUlr. Eliopoulos inquired about the condition that was placed on the first
extension. Mr, Dorling stated although there was a condition of approval there was no
timeframe associated with it so when staff went to Code Enforcement they really could
not enforce it because there was no tirneframe. Mr. Dorling stated this is why staff is
suggesting that the condition include a time limit of 90 days.
Mr. Frankel asked if there is grass around this site. Mr. Dorling stated it is
in the CBD-12C so there is construction around it and the site just south of it has been
established as Kevro's Art Bar. Mr. Dorling stated Worthing Place has just been
constructed to the north on most of the block and noted there are some industrial
buildings to the south.
Jason Mankoff, Attorney with Weiner & Aronson, P.A., 10 S.E. lit
Avenue, Delray Beach, FL 33444, distributed photos he took today of the site and stated
they have seeded the site and will water it and take the fence down. Mr. Mankoff stated
they did not take the fence down originally because they had same liability concerns with
their insurance but they have worked that out.
There was no cross-examination or rebuttal.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the conditional use extension request, to please come forward at
this time.
Deb Sullivan, Kevro's Art Bar, 166 S.E. 2°a Avenue, Delray Beach, FL
33444, stated what would be ideal is to have the fence dawn completely and if not the
fence needs to be moved back at least five feet off the property line. Ms. Sullivan stated
the fencing is actually in the right-of--way and it is blocking the entrance of their business
which poses business problems and safety problems. She entered a photograph into the
record depicting the view from the front door of their business. Ms. Sullivan stated in
December 2007 the developer was granted a conditional use request and there were
conditions agreed to by both the Conunission and the Developer and she would like to
see those things happen because it is better for the community at large if we see well
maintained lots as opposed to a blight appearance.
Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444,
inquired about what this is actually going to be.
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There being no one else from the public who wished to address the
Commission regarding the conditional use extension request, the public hearing was
closed.
Mayor McDuffie explained that this is going to be residential on the top
and commercial on the bottom.
11rIr. Fetzer stated he supports the conditions and understands what Kevro's
is faced with. He stated the condition is realistic and goad under the economic situation
we are in now to keep that property where it is not a detraction for other businesses in
that area. Mr. Fetzer stated we should give the new developer the benefit of the doubt
and not require the plat at this paint and take them at their ward that they are going to
improve the site within 90 days. Therefore, he supports the first condition but not the
second condition.
Mr. Eliopoulos concurs with Mr. Fetzer about supporting the first
condition.
Mr. Frankel stated he agrees with the first condition and noted that the
lighting is poor in this area.
Mayor McDuffie stated he was at Kevro's for the film festival and it
hampered the parking because the fence was up. He stated he feels it was well
intentioned to put the fence there to help protect everything; however, the City found that
it stopped anyone from being able to clean debris out from inside the fence from bottles,
etc. that were thrown over the fence. Mayor McDuffie stated he supports removing the
fence completely and noted that it is an extension so if the fence does not come out the
extension is null and void.
After discussion, it was the consensus of the Commission to support the
first condition only.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Fetzer moved to adopt the Board Order with Condition "A", 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.
9.8, WAIVER REOLTESTS AND PLAT APPROVALCHAPPY
TOGETHER PLAT: Consider a request to waive the minimum lat width and
frontage requirements for one lot and approve the final plat for creation of a two-lot
subdivision known as "Happy Together Plat" located at the northwest corner of N.W. 9`~'
Street and N, W. 4`h Avenue. (Quasi-.Tudicial Hearin
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11/17/09
Mr. Eliopoulos declared a conflict of interest and stepped down from the
dais.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. 1Vir. Frac~kel stated he had no discussions but he was copied on emails
{emails referenced by Mr. Fetzer and Mayor McI}uffie}. Mrs. Gray stated she had no ex
pane communications to disclose. Mr. Fetzer stated he had one email message from a
resident that he will forward to the City Clerk's office for the record. Mayor McDuffie
stated he too received one email which he will forward to the City Clerk's office.
Paul Dorling, Director of Planning and Zoning, stated this is a certification
of a final plat and approval of two waivers fora 0.$1 acre site to subdivide it into two
single family lots. The subject property is located within the Lake Ida Neighborhood
Overlay District and is located at the northwest corner of N.W. 9th Street and 4th Avenue,
The existing home will remain on lot 1 and the undeveloped western portion of the
property will become lot 2. Nfr. Dorling stated the two waivers are to frontage and lot
width. The current Cade requires a 100 foot lot and because of setbacks on the rear of
this structure it is proposed at a width of 90 feet. He stated the waiver would allow a
reduction from 100 feet to 90 feet wide because the lot far exceeds the minimum depth as
noted in the staff report as well exceed the minimum lot size. Mr. Dorling stated relief is
requested of 10 feet for the front width and frontage. He stated the required findings to
LDR Section 2.4.'7{B){5) are made in the staff report and are attached as part of the City
Commission documentation. Mr. Darling stated it shows that the lots immediately
adjacent to it exceed the 100 feet but there are several lots in the area that are less than
the 100 feet required, Stafl'recomrnends approval.
Lennie Smith. 333 N.E. 2°~ Street, DeiraY Beach, FL, represents the
applicant's agent who is the current property owner and with her husband under
contract to purchase a proposed lot if the plat is approved, stated their intention is to
build a home on lot 2 for their family and the agent's intention is to sell the existing
residence which he currently lives in to a third party. Mrs. Smith stated they are aware of
one of the emails sent to the Commission from their neighbor to the west and her husband
contacted him and showed him the plans. She stated her neighbor was under the
impression that this was one buyer that was going to sub-divide the property and resell.
However, Mrs. Smith stated he was happy with the plan and asked that they give him
extra landscaping on his side which they intend to do.
Mr. Dorling entered into the record an email that was received late.
There was no cross-examination or rebuttal.
Mayor McDuffie stated if anyone from the public would like to address
the Commission regarding the waiver requests and plat approval, to please come forward
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at this time.
Paul Schmitt, 945 Hibiscus Lane, Delray Beach, FL 33444,. stated the
property of lot 1 had more than enough room to give them the extra ten feet and does not
understand why that was not done when this land was separated out. Mr. Schmitt stated
if we are going to change the frontage from 100 feet he does not understand why we just
don't make this a1190 feet. He stated he has a piece of property that is 180 feet and if he
separates the two pieces of property it is worth a lot more money because he can replat it.
However, Mr. Schmitt stated he would not want to go through this same ordeal. He
stated it seems silly that someone cannot build a house there but it also seems silly that
they cannot get the proper space required. Mr. Schmitt stated if the City is going to make
these allocations for 90 feet that it is done in the entire neighborhood. He feels that the
City should have everything stay at 100 feet or make everything 90 feet.
Pauline Moody, 609 S.W. 8`e Avenue, Delray Beach, FL 33444,
expressed concern that asingle-family home is going to be built on such a small lot. She
commented about the "Happy Together" plat name and stated people in the surrounding
homes may not be able with all the construction and trucks going through this area.
There being no one else from the public who wished to address the
Commission regarding the waiver requests and plat approval, the public hearing was
closed.
Mr. Dorling stated the dimension is approximately 199 feet and noted this
is about a foot off the dimension necessary to accommodate two 100 foot lots. He stated
the reason the 90 feet was selected is to provide the rear setback for the existing house
while theoretically it could be done at the 100 foot that would then make the rear setback
non-conforming.
Mr. Frankel stated in the memo it states that the residence was constructed
in 1972 and asked if the same owner owns the home. The City Manager stated the
present owner has lived there for approximately 20 years. Mr. Frankel briefly discussed
the graphic where the greens have less than 100 feet and yellow is for the 100 feet and
over. ltirlr. Frankel asked why there are so many green houses. Mr. Dorling stated this lot
is in the R-1-A,AA location and the area that is in the green surrounds the property and is
in an R-1-AA which allows a slightly smaller lot.
Mrs. Gray stated she is a firm believer in what you do for one you should
do for a11. She stated given the fact that there are green spaces and smaller lots she will
support this request.
Mr. Fetzer stated he was happy to see the second email from the neighbor
immediately to the west and he felt that the developer is willing to work with him and
provide additional landscaping and fencing. He stated this shows a willingness of this
developer to try to do this with as little impact to the neighbor as possible. Therefore,
Mr. Fetzer stated he supports this request.
12
11!17!09
Mr. Frankel moved to adopt the Board Order as presented, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes, Mayor
McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0
vote.
At this paint, Commissioner Eliopoulos returned to the dais.
9.C. SERVICE AUTHORIZATION NO. 07-OSIKIMLEY-HOF:N ANLI
ASSOCIATES, INC.: Approve Service Authorization Na. 07-OS in the a~naunt of
$1,136,485.00 for the design of the Federal Highway Enhancements Project. Funding
will be provided by Community Redevelopment Agency and 334-3162-541-68.52
{General Construction FundlOther ImprovementlFederal Highway Beautificatian~.
Randall I~.rejcarek, City Engineer, stated this is a request for
approvaUauthorization for the Mayar to execute the service authorization #fl7-OS with
Kimley-Horn and Associates, Inc. {K:HA) for the design of Federal Highway
Enhancement Project #2009-009. Mr. Krejcarek stated in May 2009 staff did a
presentation to move forward with the detail design or go back to the three lane section
on US-1. Staff was given direction to enter into an agreement with Kirnley-Horn to try
and get the design going. Mr. Krejcarek stated staff is not only working with Kimley-
Horn but also with the Florida Department of Transportation {FDOT) since then to try
and iron out all the details because of all the different funding sources involved in this
project. Staff has come to that conclusion and this is the service authorization that is
front of the Commission this evening, The limits are both northbound and southbound
Federal Highway from just south of S.E. 10th Street because there is resurfacing money
through FDOT involved in this project also and that limit is just south of S.E. 10th Street
to just north of George Bush Boulevard. Staff recommends approval.
Mr. Eliopoulos asked how the fee is established. Iti?lr. Krejcarek stated
because this is a project that has Federal and State funds and may have local hands
involved with it, the Federal hands fall underneath what FDOT considers a LAP {Local
Agency Program) project and they have certain requirements that have to be met. Mr.
Krejcarek stated when FDOT does a resurfacing project there are certain things they also
need to do that are also in the service authorization. He stated not having done those
before in the City in this type of a contract he called a couple of other consultants and
asked what they typical fee is far FDOT when they do these types of projects and
typically the fee is around 15-18% and the City is down around 10%.
Mr. Fetzer stated we have a lot of different funding sources and asked if
part of the design specifications help us if we have to phase this project to approach it in
that regard or is that part of the design consideration. Mr. Krejcarek stated FDOT has
asked that the City approach the design as one project because they feel that they will get
the best price for the entire project if the City does this as one large project, Mr.
Krejcarek stated with regards to funds for construction, as staffmoves along in the design
and realizes that they may be running a little short an the constriction side they can take
things out of the project. He stated one of the grants the City has is for the reconstruction
part between S,E. 2nd Street and N.E. 2nd Street, Ztirlr. Krejcarek stated another grant the
13
11/17/fl9
City has is for northbound Federal Highway from S.E. 10th Street to George Bush
Boulevard. He stated the City has flexibility with changing the scope of the project in
order to match the funds available for construction.
Mr. Eliopoulos stated he does not want to run into the problems that the
City ran into with the one-way pairs. Mr. Krejcarek stated this project includes the
signalization at S.E. 1St Street and S.E. 5th Avenue which is the one-way pair and it will
also include the signal at N.E, 1St Street and N,E. 5th Avenue which is also part of the
one-way pair. He stated those are the two signalized intersections that are causing the
City the bi~gest issue on the one-way pair. Mr. Krejcarek stated regarding the S.E. 1St
and S.E. St Avenue signal, in order to accommodate two-way traffic on S.E. 1St Street,
FDOT needs to put in new poles because the existing poles with not handle the additional
signal heads going up because there is no right-of--way far the additional poles. He stated
the existing poles are causing an issue with the amount of clearance that they have so the
poles have to be outside the right-af--way, Mr. Krejcarek stated he is waiting on a design
from the County so he can ask the property owners about getting a temporary easement.
He stated the issue on N.E. 1St Street has to do with the loading of the poles; they are
concrete poles not wood poles like S.E. 1St Street but FDOT wants the poles to be the 140
mph wind resistant and he is working through this issue with FDOT.
Mrs. Gray asked if staff has identified all the monies that we need for this
project, Mr. Krejcarek stated the City has about $4 million for the entire project from
S E 10th Street to George Bush Boulevard. However, he stated the City has recently
submitted a grant application trtrough the stimulus project through FDOT and their
TIGER {Transportation Investment Generating Economic Recovery) Program. Mr.
Krejcarek stated the Secretary of Transportation gets to allot the money. 1trlr. Krejcarek
stated staff combined that application with Martin Luther King Drive to fund the
remainder of US-1 but also to fund the Martin Luther King Drive project so the total the
City is asking is $8 million.
Mayor McDuffie commented about the temporary easement from the
landowners once the signalization is complete and the mast arms go out then the City will
no longer need the easement. Mr. Krejcarek stated this is correct because it will be in the
right-of--way.
Mr, Frankel moved to approve the Service Authorization No. 07-05 with
Kimley-Horn and Associates, Inc. in the amount of $1,136,485.00 for the design of the
Federal Highway Enhancements Project, 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.
9.L1. APPOINTMENTS TO THE KIDS AND CAPS COMMITTEE:
Appoint three {3} At Large Representatives and one { 1) Citizen At Large Representative
to the Kids and Cops Committee to serve two {2} year terms ending July 31, 2011. Based
upon the rotation system, the appointments will be made by Commissioner Gray (Seat
#4), Mayor McDuffie {Seat #5}, Commissioner Eliopoulos {Seat #1} and Commissioner
14
1 II17/09
Fetzer (Seat #2}.
Mrs. Gray moved to reappoint Officer Francis Moschette as an "At
Large Representative" to the Kids and Caps Committee to serve a two (2} year term
ending July 31, 2011, seconded by Mr. Eliopoulos, Upan 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.
Mayor McDuffie stated he wished to reappoint Jennifer Buce as an "At
Large Representative" to the Kids and Cops Committee to serve a two {2) year term
ending July 31, 2011, Mr, Frankel so moved, seconded by Mrs. Gray. Upon roll call the
Camrriission voted as follows: 11?lrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos
-Yes; Mr. Fetzer -- Yes; Mr. Frankel -Yes, Said motion passed with. a 5 to 0 vote.
Mr. Eliopoulos moved to reappoint Phyllis Willingham as an "At Large
Representative" to the Kids and Caps Committee to serve a two (2) year term ending July
31, 2011, seconded by Mr. Frankel. Upon roll call the Corrimission voted as follows:
Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes;
Mrs. Gray -Yes. Said motion passed with a S to 0 vote.
1tijlr. Fetzer moved to reappoint Cory Cassidy as a "Citizen At Large
Representative" to the Kids and Cops Committee to serve a two (2) year team ending July
31, 2011, seconded by Mr. Eliopoulos. 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.
9.E. RESULUTION NQ. 61-09: Consider approval of Resolution Na. 61-09
in order to show the City's support for saving the Tri-Rail. (Addendum)
The caption of Resolution No. 61-09 is as follows:
A RESOLUTION OF THE CITY COIVIlVIISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, IN ORDER TO
SHOW THE CITY'S SUPPORT FOR SAVING THE TRI-
RAIL; PROVIDING AN EFFECTNE DATE.
{The official copy of Resolution No. 61-09 is on file in the City Clerk's
office.)
The City Manager stated this is a resolution supporting a special session of
the Legislature to deal with the Tri-Rail funding with several different Metropolitan areas
throughout the State. He stated the City was asked to consider this resolution of support.
The City Manager stated the Speaker of the House has indicated that he is ready to call a
session but so far the Senate President has not taken action on this issue.
15
11/17/09
Mayor McDuffie noted he is an the Metropolitan Planning Qrganization
{MPC}} Committee and stated through all the years and successes we have seen with Tri-
Rail and during the recent gas crunch and ridership increases, the expenses in dual
tracking and everything like that, there has never been any dedicated source of funds in
the State of Florida for Tri-Rail. He stated Tri-Rail has been living an grants from Palm
Beach County, Broward County, and Dade County. Mayor McDuffie stated the City has
been asked a number of times to send letters of recommendation and at this point to do a
resolution from the City of Delray Beach, He stated he feels this is very appropriate to
support.
ZYIr. Eliopoulos moved to approve Resolution No. 61-09, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Fetzer --- Yes; N[r. Frar~lcel -
Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion
passed with a 5 to {} vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City 1YIanager and the Public,
11.A. City Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
inquiries.
11.8. From the Public.
11.8.1. Kevin Rouse, 1002 Lakeshore Drive, Delray Beach,__FL 33444
(business owner with business located at 166 S.E. 2" Avenue) discussed the future of
S.E. 2°~ Avenue and how they are going to support the businesses that are there. Mr.
Rouse stated they use signs to get people to come to their place otherwise you have to
drive around the whole neighborhood to get there. He stated there is going to be removal
of the signs and stated the road has been closed for approximately one year. Mr. Rouse
stated as the road is opened he suggests reprogramming the community far that same
time period on only these two particular signs and allowing them to be there pointing the
arrows in the direction where his business is located. He stated there have been signs
there °°Do Not Enter" and "Detour" for the last year and when the road is open people
will be using it. With regard to the businesses, Mr. Rouse stated he would like to have
that available because people will think the businesses are going to the right as the signs
indicate right now. Therefore, Mr. Rouse stated this would give people a chance to
reprogram themselves to know that there are businesses down at the end of the street. In
addition, 11rSr. Rouse briefly discussed the design of valet parking and the consistent
speeding in front of his business all night long. He stated he believes what is happening
is that the cars are parked too far away from the valet so the valet attendants have to run
to the cars and customers are all waiting and then the valet attendants are rushing back to
the valets. Mr. Rouse suggested that there be a design to allow the valets enough time to
get to the cars and come back so that they do not have to rush because the City does not
have enough police farce to manage this consistent problem. He stated the valets are
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11117109
very important for the City to make a lot of business; however, Mr. Rouse stated there
should be a design on the valets so that in that area they are not speeding so much
because it is very dangerous. Mr. Rouse stated the City was so helpful in helping FPL
install three light poles on the street up to their property. He stated recently several new
businesses have started and one of them has come to him and has mentioned that they felt
it was a little dark, Mr. Rouse stated there appears to be another void between his
business and S.E. 2"~ Street and there may be a need for another light there.
11.B.2. Pauline Moody, 609 S.W. 8th Avenge, Delray Beach, FL 33444,
complimented the City on the improvements that are being made to Atlantic Avenue.
Ms. Moody briefly discussed the landscaping and stated the palm trees do not enhance
anything. She stated palm fronds fall and crush the plants that they land on. She stated
then the City has to spend money to replace the palm trees and noted this is wasteful.
Ms. Moody commented about the plugs that are installed for the lights on the palm trees
and stated the casings on these plugs are broken and are being destroyed.
Secondly, Ms. Moody wished everyone a Happy Thaclksgiving.
At this point, the time being 6:26 p.rn., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
14. PUBLIC HEARINGS;
10.A. QRDINANCE NO. 58-09; Consider aprivately-initiated rezoning from
AC (Automotive Commercial) to GC (General Commercial} fora 1.'13 acre parcel of land
located at 1940 North Federal Highway, formerly known as Motorspart of Delray.
(Quasi Judicial Hearing
The caption of Ordinance No. 58-09 is as follows:
AN ORDINANCE OF TFIE CITY COhnVIISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED AC (AUTOMOTIVE CONLMERCIAL}
DISTRICT TO GC (GENER:AL CO1~IMERCIAL~
DISTRICT; SAID LAND BEING A PARCEL
LQCATED ON THE ViTEST SIDE OF NORTH
FEDERAL F[IGH WAY, APPROXIMATELY ISO
FEET NORTH OF ALLEN AVEI~l1JE, AS MORE
PARTICULfi~RLY DESCRIBED HEREIN;
A.~.MENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, OCTOBER 2009"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 58-49 is on file in the City Clerk's
office.)
I7
11/1?109
The City Attamey 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.
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. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, stated this is a privately
initiated rezoning from AC {Automotive Commercial} to GC {General Commercial) for a
1.73 acre parcel located at 1900 North Federal Highway, on the west side of North
Federal Highway, approximately 150 feet north of Allen Avenue. Mr. Dorling stated the
property was rezoned from SC {Specialized Commercial} to AC {Automotive
Commercial} with the cit;~vt'ide rezoning of 1990. Subsequently, on January 23, 1996,
the property was rezoned from AC {Automotive Commercial} to SAD {Special Activities
District}. In October 1998, the parcel was rezoned from SAD to AC in order to
accommodate the sale of motorcycles, all-terrain vehicles and small boats with an
associated full service repair facility {formerly known as Motorsports of Delray}. The
Motorsports operation has vacated the site and the site and building is currently vacant.
The owner now wishes to market the property for officelcommercial uses.
At its meeting of October 19, 2009, the Planning and Zoning Board held a
public hearing in conjunction with the rezoning request and the Board recommended
approval with a 6 to 0 vote.
Fred Griffin, represents the owners of this property, stated the property
has been vacant for 1 'lz years and urged the Commission approve this change in zoning.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of Ordinance No. 58-49, to please come forward at this time.
There being no one from the public who wished to address the Commission regarding
Ordinance No. 58-09, the public hearing was closed.
Mrs. Gray moved to adopt Ordinance No. 58-09 on Second and FINAL
Reading, seconded by Mr. Eliopoulos. 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.
10.B. AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG~ ANNUAL ACTION PLAN (FY 2007 - 2008). Consider approval to
amend the CDBG Annual Action Plan {FY 2007-2008} to include $70,000.00 toward
funding Public Facilities and Improvements located within the CDBG target areas.
Funding is available from 118-1963-554-49.19 {Neighborhood Services/Other Current
ChargeslHousing Rehabilitation}.
18
11117/09
Lula Butler, Director of Community Improvement, stated this item is a
request to amend the 204'7-2448 Community Development Block Grant {CDBG) Annual
Action Plan to move $70,044.44 from the housing rehabilitation line item to
infrastructure. The U.S. Department of Housing and Urban Development {I[UD}
requires that unused CDBG funds from prior years shall be considered as funds available
for reallocation unless the appropriation under which the funds were provided to the
Department has lapsed and that has nat occurred. Staff received approval from the
Commission on March 17, 2449 allocating $104,444.44 from this line item into
infrastructure. Mrs. Butler stated staff has one more project to do in partnership with the
Engineering Department and building a new road on Douglas Avenue.
An advertisement regarding the reallocation of funds was published in the
October 8, 2449 edition of The Palm Beach Post followed by a 34-day period in which
written comments could be submitted. To date, na corrunents have been submitted.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding the Amendment to the
CDBG Annual Action Plan for fiscal year 2447-2048, the public hearing was closed,
11fIr, Eliopoulos moved to approve the Amendment to the Community
Development Block Grant {CDBG} Annual Action Plan far fiscal year 2407-2408 to
include $70,000.44 towards funding Public Facilities and Improvements located within..
the CDBG target area, seconded by Nir. Frankel. Upon rail call the Commission voted as
follows; Mr. Fetzer -Yes; Mr. Frankel -Yes; N[rs. Gray -Yes; Mayor McDuffie -Yes;
Mr. Eliopaulos -Yes. Said motion passed with a 5 to 4 vote,
At this point, the time being 7:31 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 59-09: Consider a CRA-initiated ordinance
modifying the Community Redevelopment Plan; finding that the modifications conform
to the Community Redevelopment Act of 1969, as amended; finding that the
modifications are consistent with the City's Comprehensive Plan, and making fiuther
findings pursuant to applicable requirements of Florida Statute 163.360. If passed, a
public hearing will be held on December 1, 2449.
The caption of Ordinance Na. 59-49 is as follows:
AN ORDINANCE OF THE CITY C011~MISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
MODIFYING THE COMMUNITY FEDEVELOPMENT
PLAN FOR THE CITY OF DELRAY BEACH; FINDING
THAT THE MODIFICATIONS CONFORM TO THE
COM149UCti1ITY REDEVELOPMENT ACT OF 1969, AS
AMENDED; FINDING THAT THE MODIFICATIONS
19
11117109
.~-RE CONSISTENT WITH THE CITY' OF DELRAY
BEACH'S COMPREHENSIVE PLAN, A,ND MAKING
FURTHER FINDINGS PURSUANT TO THE
APPLICABLE REQLTIRENIENTS OF FLORIDA
STATUTE 163.360; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTNE DATE.
{The official copy of Ordinance No. 59-09 is on file in the City Clerk's
office.}
The City Attorney read the caption of the ordinance.
Mr. Dorling stated at its meeting of November 16, 2009 the Planning and
Zoning Board considered the text amendment and recommended approval, at its meeting
of November 4, 2009, the Pineapple Grove Main Street Executive Board reviewed the
amendments and recommended approval; at its meeting of November 9, 2009, the
Downtown Development Authority {DDA} reviewed the amendments and recommended
approval; and at its meeting of November 11, 2009, the West Atlantic Avenue
Redevelopment Coalition {WARC} reviewed the amendments and recommended
approval. IVtr. Dorling stated the DDA wanted to be mentioned in the portion of the Plan
that talked about West Atlantic Avenue and that has been added to the Plan.
Diane Cc~lanna, Executive Director of the Community Redevelo meat
Agency (CRA), stated the main programs that are being modified have to do with
outlining some economic development initiatives. Ms. Colonna stated the CRA hired
Francisco Perez-Azua who is the relative new Economic Developer who has been
working on job creation programs and artists' initiatives, etc. She stated the CRA has
had many meetings with Chamber groups and with art groups and they would like to put
language in the Community Redevelopment Plan that gives them the authorization to go
forward and budget for some of these items. Ms. Colonna stated the biggest additions in
the Plan have to do with creating some economic development incentives such as tax
credit programs and programs where the CRA provides land for new buildings and noted
this will solidify that the CRA offers that land either at reduced rates or they can partner
with developers if they need to be a catalyst and make some new development happen.
She stated they are considering business incubation programs and other economic
development support tools and financing methods. Ms. Colonna stated the CRA has
supported cultural institutions and arts programs but they are looking at creating an artist
co-op and supporting the objections that were in the Cultural Plan that was done by
Colletta & Company a few years back and looking at providing staff support potentially
to the City Collaborative. She stated the CRA's role in the South County Courthouse
expansion is mostly completed unless the Comnllsslon Wants to go forward with the
second phase of the garage. The CRA is also reducing the description of their role with
the Osceola Park Redevelopment Plan since the neighborhood objected to being assessed
anymore for those improvements. The City backed off on doing the assessment district
and the CRA's role got reduced. The CRA is making changes to modify what has
20
1111'7109
happened with the Carver Estates Plan, and with the partnership with the Delray Beach
Housing Authority. Ms. Colonna stated the CRA had a much larger funding role in that
Plan previously and the CRA Board voted to back off of that. She noted that the CRA is
changing some of the language as far what they are participating in. Ms. Colonna stated
the CRA is still supporting subsidies to support affordable homes and they are still
interested in the job creation component. Ms, Colonna stated there are some minor
modifications to the West Atlantic Avenue Redevelopment Plan, the Downtown Master
Plan, and the Southwest Neighborhood Plan emphasizes specific components that they
are doing promoting public parking, Federal Highway improvements, changing the
description of what's happening with the implementation committee that used to meet on
a quarterly basis and now those meetings have been discontinued. Ms. Colonna stated
the modifications also include updating the maps and the financial table.
Mr. Frankel stated the CRA does amazing things in particular the South
County Courthouse expansion; however, as part of the things that has gone on, there is a
huge parking lot in the back that has never been used because they were not open. He
stated this causes the problems with the garage where he feels that was intended for
individuals going to the Caurthouse and going to the library but they are being forced to
park higher and higher because the employees in the Courthouse and the Police Officers
who go there are not getting access to the back.
The City Manager stated Mx. Dorling could look at what their conditions
of approval were when they received their approvals from the City to build it. Mr.
Dorling stated they recently came in for gates to be installed to control access for
employees and it may relate to those improvements being held up by their contractor.
Mr. Dorling stated staff will look into this.
ItrSrs. Gray stated she appreciates what the CItA is doing all over the city
and asked if the CRA will be providing the down payment subsidies for workforce
housing instead of the low and very low income. Ms. Colonna stated the CRA has
always tried to go to the moderate income level X120°!0). Mrs. Gray referenced a date of
December 2009. Ms. Colonna stated this should be changed to December 2008. Mrs.
Gray asked if the CRA can give some type of incentive or grant far businesses that may
only have one employee. Ms. Colonna stated the CRA Board has discussed that and
noted she could ask them to revisit the Business Assistance Program whereas new
businesses are creating at least one other job in addition to the owner, Furthermore, Ms.
Colonna stated the CRA is hoping to see new development on West Atlantic Avenue and
they have been in discussion with FAU about doing a technology business incubator.
She noted the CRA has two large sites especially the 9th Avenue site which is
approximately four acres.
Mr. Frankel moved to approve Ordinance No. 59-09 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -
Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mx. Eliopoulos -Yes; Mr. Fetzer -Yes.
Said motion passed with a 5 to 0 vote.
21
11/17/09
12.B. ORDINANCE NO. 60-09: Consider acity-initiated amendment to the
Land Development Regulations that will create the Chatelaine Local Government
Neighborhood Improvement District. If passed, a public hearing will be held on
December 1, 2009.
office.)
The caption of Ordinance No. 60-09 is as follows.
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CREATION OF THE
CHATELAINE LOCAL GOVERNMENT
NEIGHBORHOOD IMPROVEMENT DISTRICT, IN
ACCORDANCE WITH SECTTON 163.506, FLORIDA
STATUTES; ESTABLISI~NG TIIE BOUNI?A.RIES OF
THE DISTRICT; DESIGNATING THE DELRAY
BEACH CITY COMMISSION AS THE BOARD OF
DIRECTORS OF THE DISTRICT; PROVIDING
AUTHORIZATION FOR THE DISTRICT TO LEVY AN
AD VALOREM TAX ON REAL AND PERSONAL
PROPERTY OF UP TO ONE MILL ANNUALLY;
PROVIDING AUTHORIZATION FOR DISTRICT USE
OF SPECIAL ASSESSMENTS PURSUANT TO
SECTION 163.514, FLORIDA STATUTES; PROVIDING
FOR THE DISSOLUTION OF THE DISTRICT BY THE
CITY CO1~1MIS5iON BY RESCINDING THE
ORDINANCE; PROVIDZNG FOR THE CODIFICATION
OF SECTION 2 OF THIS OR.DIN~!-NCE AS A Z~T]EW
ARTICLE 8,7, "CF[ATELAII~IE LOCAL GOVERNMENT
NEIGHBORHOOD IMPROVEMENT DISTRICT";
PROVIDING A SAVING CLAUSE, A GENERAL
REAPLER CLAUSE, A1~1I? AN EFFECTIVE DATE.
(The official copy of Ordinance No, 60-09 is on file in the City Clerk's
The City Attorney noted a change to the caption of the ordinance. The
caption currently reads that the cap would be "two mills" and this should be "one mill".
This will also be changed in the body of the ordinance to reflect that change.
Paul Dorling, Director of Planning and Zoning, stated this is a City-
initiated amendment to the Land Development Regulations to create the Chatelaine Local
Government Neighborhood Improvement District. Mr. Dorling stated this will include
the entire Chatelaine subdivision which is approximately 201 single family lots. On
October 6, 2009, the City Commission approved an ordinance authorizing the creation of
local government neighborhood improvement districts as identified under Florida Statute
163.506. The creation of a neighborhood improvement district is proposed to address a
u~uque situation currently experienced by the Chatelaine subdivision. In 2008, the City
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finished installation of $150,000.00 of improvements associated with a Strategic Task
Team Neighborhood Action Plan for the Chatelaine subdivision. These improvements
included landscaping and signage for three entrances; installation of sidewalks; a
roundabout; and other traffic calming features, including chicanes and speed hwnps.
These improvements were maintained by the City for the first year and then landscaping
and signage became the maintenance responsibility of the neighborhood. The
neighborhood has a voluntary homeowners association which includes volunts~ry
homeowners' dues. The neighborhood has been unable to collect sufficient dues to
adequately fund the maintenance of these types of improvements within individual
neighborhoods. Mr. Dorling stated the community came to the City for solutions and this
was one that was allowed by Florida Statute and is now before the Commission for its
creation. He stated it covers 50.12 acres consisting of single family residences and
includes 201 single family lots. Mr. Dorling stated it would also allow an assessment of
up to one mill and would allow the authorization to apply and receive planning grants;
implement an advisory council with no less than 5 or more than 7 members that must
own real property as well as reside in the District.
At its meeting of November 16, 2009, the text amendment was considered
by the Planning and Zoning Board. The Board was originally opposed to the
consideration of the overall district citywide and was similarly opposed in totality last
night to this specific district as well. Mr. Dorling stated the Board did not want to allow
additional taxing of individuals within the City. Staff recommends approval at this time.
The City Manager recommends that the Commission approve this
ordinance on first reading and move it to public hearing. Before the public hearing, staff
will notify every property owner in the subdivision individually that there will be a public
hearing on .December 1, 2009. He stated there are some things in the subdivision that the
City does maintain such as all the hardscape (i.e. sidewalks, etc.}. However, the City
Manager stated the City takes care of landscaping in the median on major highways but
not inside neighborhoods.
Mr. Eliopoulos stated he would like to know if this is really representative
of what the neighborhood wants. The City Manager stated staff had meetings with the
neighborhood association for a couple of years and they were told at the time that the
City would maintain it the first year and after that it was their responsibility.
Mr. Fetzer stated since associations are voluntary it is tough to get
membership involved in what is going on and the word does not always get out. He
would support this ordinance going to second reading so that the Commission is assured
that everyone is informed and they can hear from the public.
Mayor McDuffie stated there was a point made by a resident of Chatelaine
and member of the Planning and Zoning Board that if the City is going to inform the
neighborhood that it be done on a bilingual basis in Creole because there is a large
Haitian population in Chatelaine.
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Mr. Eliopaulas moved to approve Ordinance Na. 60-09 an FIRST
Reading as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliapaulas -Yes; Mr. Fetzer -
Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 4 vote.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager stated this Thursday and Friday is the Florida League of
Cities Pre-Legislative Conference in Orlando IIe stated he will be going up far the day
an Thursday and will return on Thursday evening far Bill Wood's roast.
13.B. City Attorney
The City Attorney had na comments and inquiries on non-agenda items.
13.C. City Commission
13.C1. Mr. Fetzer
Mr. Fetzer stated he had a meeting at Plumosa Elementary School of the
Arts last Tuesday and they had a goad group. He stated Janet Meeks was there along
with Beth Johnston, President of the PTA, several parents, and one representative from
the School District who is the coordinator for all the magnet schools and there was
discussion about the new school and they are an target to move into the new school next
year. Mr. Fetzer stated they also discussed the future of the old school. Mr. Fetzer
suggested to them that the City Commission have a Workshop presentation at some point
when Janet Meeks, Education Coordinator, is able to solidify some of the proposals.
They are looking for the City to help them to lobby the School Board to get some things
done that they are trying to da in the future. Mr, Fetzer stated Janet Meeks, Education
Coordinator, will be bringing something to the Commission through the Education Board
about this.
13.C.2. Mr. Eliopoulos
Mr. Eliopoulos had na comments and inquiries on non-agenda items.
13.C.3. Mrs. Gray
11rZrs. Gray stated she would like the Commission to revisit having the Goal
Setting sessions.
Secondly, Mrs. Gray asked with regard to all the dollars that are being put
into the S.W. 12th Avenue redevelopment area, if Mrs. Butler could da a Workshop an
the Neighborhood Resource Center {1`~C) and the other non-profit programs that are in
that area.
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13,0.4. Mr. Frankel
Mr. Frankel stated this week he received an email from Mr. Jack Warner
who is a member of the Financial Review Board and he and other members of the Board
are anxious to start working. The City Clerk stated Joe Safford is looking at having a
meeting around the first part of December.
Secondly, Mr. Frankel stated last night he was at Old School Square for
the parking study and noted that the people who were selected to do the parking studies is
sharp and he looks forward to hearing the results of the study.
Lastly, Mr. Frankel stated he attended the Progressive Residents of Delray
{P.R.O.D,} luncheon on Sunday and congratulated Gerry Franciosa who is the new
President of P.R.O.D. ZUIr. Frankel stated he looks forward to working with P.R.O.D. and
feels that they are going to be a very influential group and very good for the City.
13.0.5. Mayor McDuffie
Mayor McDuffie stated he attended the Grand Opening cf the Beach Club
and it was a very nice evening. He stated the crowd was good and the Beach Club has
done a nice job with the remodeling.
Secondly, Mayor McDuffie stated he had the opportunity to give the
Keynote Speech at Principal for a Day and it went very well.
He stated he had a meeting at Atlantic High Schaal where they discussed
the Mayor's Literacy Initiative and they are looking to enhance their Media Center and
put classroom libraries in. Mayor McDuffie stated he was working with them on a PEW
Grant and the grant amount is $40,000.00. In addition, he stated the City is going to be
lacking at a book drive far a number of the schools including Atlantic tc get same mare
material in. Mayor McDuffie stated Dr. Weigel mentioned to him that 51-56°l0 of the
incoming 9t~' graders ever the years that she has been there are not reading cn level. He
stated they introduced him to same new banks that the kids really lave and it is a
combination of a navel and a comic book {mare graphics in the books}. Mayor McDuffie
stated same of these books are 900 pages fang and the secret is to get the kids interested
in reading, He stated in many cases we need to re-invent the libraries and the banks that
these kids get to check nut and read so that they read for pleasure.
Mayor McDuffie stated he attended a meeting yesterday with the
Chambers of Commerce of Boynton Beach, Boca, and Delray, Commission
representatives from all three cities and Business Development Board. He stated this was
a great meeting and there was discussion of incentives and a suggestion that cities put
some funds away for incentives because there was a deal that was closed in Palm Beach
Gardens where the city came up with $200,000.00. Mayor McDuffie stated they are
going to be holding two more of these meetings in the next couple cf weeks and
suggested that if the Commission gets the opportunity to sit in on one of these meetings
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to do so. He stated the next meeting will be held at the Chamber of Commerce in Boca
Raton on Tuesday, December 1, 2009.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 8:06 p.m.
Ity Clerk
ATTEST:
~~l
MAYO
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on November 17, 2009, which Minutes were formally approved and adopted by the City
Commission on December 1.2009.
M
City Clerk
lYC3TE TU READER;
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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