01-05-10 Regular Meeting MinutesA Regular Meeting of the City Caminission of the City of Delray Beach,
Florida, was called to order by Mayor Nelson S. McDuff e in the Commission Chambers
at City Hall at 6:00 p.m., Tuesday, January 5, 2010.
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 Reverend Ron Arflin with Abbey
Delray South.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mr. Eliopoulos requested that Item 8.E., Hold Harmless
~reement/Stanmore Development, LLC/Midtown Delray, be moved from the
Consent Agenda to the Regular Agenda as Item 9.A.A.
Mayor McDuffie stated there is revised information {parking lot map) for
Item B.F., Hold Harmless A reementlStanmore Develo meat LLCIMidtown
Delray.
Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr.
Frankel. Upon roll call the ComTriission 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.
01/05/10
5. APPROVAL OF MINUTES:
Mrs. Gray moved to approve the Minutes of the Regular Meeting of
December 1, 2009, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulas -
Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to approve the Minutes of the Regular Meeting of
December 8, 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 S to 0 vote.
6. PROCLAMATIONS:
6.A. Martin Luther King, Jr. Day -- Januarv 1$, 2010
Mayor McDuffie read and presented a proclamation proclaiming January
18, 2010 as Martin Luther King, Jr. Day. Lillian Strainge came forward to accept the
proclamation and gave a few brief comments.
6.B. Delrayy Beach Poetry Week -- Januarv 18-23, 2010
Mayor McDuffze read and presented a proclamation proclaiming January
18-23, 2010 as Delray Beach Poetry Week. Miles Coon came forward and gave a few
brief comments.
6.C. Mental Health Month - Janua 2010
Mayor McDuffie read and presented a proclamation hereby proclaiming
the month of January as Mental Health Month. Dr. Karen Eriksen, Mr. Joseph Speicher,
Gloria Richardson and Dr. Patty Shutt came forward to accept the proclamation. Mr.
Speicher gave a few brief comments.
7. PRESENTATIONS:
7.A. "You are Not Alone".--Dave and Crei~ Smith
Creig Smith stated Project Holiday was the 4fh Annual Project Holiday and
they are the military "You are Not Alone" emotional support group and help a number of
members of Delray Beach and surrounding communities to deal with the issues that come
up when someone is deployed in the military or when they return from a deployment.
Mrs. Smith invited everyone to join Them on the fourth Thursday of the month at G:OD
p.m, in the Community Center here in Delray Beach. She stated they did a Project
Holiday this year which was sponsored by Delray Beach. Mrs. Smith stated many
volunteers donated many good things to send packages to the troops. She stated over 65
people worked from 8:00 a.m. until 5:00 p.m, and in total from October 20, 2009 through
November 20, 2009 they collected monetary donations of $5,172.00, an inventory of
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items of more than $35,000.00 worth of donated goods mostly in small amounts, and
there were over 22,000 items donated. Mrs. Sxnith thanked the Fire-Rescue and Police
Department, City Commission, the Library and everyone who helped and donated. In
addition, the National Honor Society from Palm Beach Gardens High School helped at
the packing event and the Atlantic High School Honor Guard came out and did a lovely
presentation at the packing event and people came from as far away as Hollywood.
Delores Rangel, Administrative Assistant, gave a brief PowerPoint
presentation and stated 313 boxes were shipped this year compared to 70-90 boxes last
year. Mrs. Rangel stated the Commission, Representative Ran Klein, County
Commissioner Steve Abrams, former Commissioner Mackenson Bernard who is now a
State Representative, Anne Gannon, and Alcee Hastings' aide came out and helped with
the packing. Mrs. Rangel stated the RQTC from Atlantic High School came out and gave
a formal presentation of the flags. Mrs. Rangel stated Alberta McCarthy was unable to
attend; however, she has been the driving force behind "You Are Not Alone". She stated
her daughter Melissa has successfully completed five tours in Iraq and married last April.
Mrs. Rangel stated because both Melissa and her husband are both in the air force one of
them had to do a separation of the military and she chose to separate from the military
with honors after six years of continued service to them. Mrs. Rangel stated Melissa is
now living with her husband in England. Mrs. Rangel stated Joyce Kaufinan who is a
radio station DJ got the word out and people came from everywhere bringing donations.
Mrs. Rangel stated they received over $5,000.00 in donations in money alone and noted
the community is really supporting them.
At this point, Mayor McDuffie presented Special Recognition Awards to
various individuals and organizations for supporting "You Are Not Alone".
7.B. Site Plan Review and A earance Board SPRAB Awards
Shane Ames, Chairperson, stated the Site Plan Review and Appearance
Board {SPRAB) held its 18th Annual Award Recognition Program and presented the
following recipients with awards. This year's design categories and recipients include:
EXTERIOR RENOVATIONS
COMMERCIAL
REDEVELOPMENT
Delray Harbor Club
Delray Harbor Club (Owner)
Currie Sowards Aguila
Architects (Architect)
Delray Beach Club
Delray Beach Club {owner)
Eliopoulos Architecture Inc.
(Architect)
Dave Bodker, Landscape
Architecture/Planning Inc.
{Landscape Architect)
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RESIDENTIAL DEVELOPMENT
Sea Gate Residences
• HH Properties I, Inc. {Owner}
• Randall Stofft Architects
(Architect}
• A. Grant Thornbrough and
Associates (Landscape
Architect)
• HHC Atlantic, LLC (Owner)
• Randall Stofft Architects
(Architect)
• A. Grant Thornbrough and
Associates (Landscape Architect)
SIGNAGE
Delray Beach Clnb
• Camilucci Signs, LLC
DOWNTOWN COMMERCIAL {Contractor)
DEVELOPMENT Delray Beach Club (Owner)
Seagate Hotel
8. CONSENT AGENDA: City Manager Recommends Approval.
S.A. FINAL SUBDIVISION PLAT APPROVAL/WORTHING PLACE
BLOCK 77 REPEAT: Approve the final boundary plat far Worthing Place Block 77
Replat, located at 32 S.E. 2nd Avenue.
8.8. CHANGE ORDER NO. SIWEST CONSTRUCTION, INC.IMILLER
PARK IMPROVEMENTS: Approve Change Order No. S in the amount of $14,332.50
to West Construction, Inc., to install Celebration Bermuda Sod as a substitute for Tiffway
Bermuda 419 Sod, for the Miller Park Project. Funding is available from 334-4173-572-
63.90 (General Construction Fund/hnprovements Other/Other Improvements).
8.C. CONSENT TO ASSIGNMENT FROM GLATTING JACKSON
KERCHER ANGLIN TO AECOM TECHNICAL SERVICES: Approve the Consent
to Assignment of the professional services agreement dated April 7, 2007 from Glaiting
Jackson Kercher Anglin, Inc. to AECOM Technical Services.
B.D. TAKEOVER AGREEMENT/COMMERCIAL INSURANCE
ALLIANCE COMPANY: Approve a Takeover Agreement with Commercial Insurance
Alliance Company (Surety}, which provides that the Surety shall take over the
landscaping project at the Atlantic Avenue and I-9S gateway from the contractor, Garden
World of Holiday, Inc.
S.E. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
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B.F. HOLD HARMLESS AGREEMENT/STANMORE
DEVELOPMENT, LLCI MIDTOWN DELRAY: Approve a Hold Harmless
Agreement with Stanmore Development, LLC for improvements in the right-of--way
associated with the Midtown Delray Medical Building located at 4600 Linton Boulevard.
S.G. RESOLUTION NO. 01-10: Approve Resolution No. 01-10 assessing
costs for abatement action required to remove nuisances on 24 properties throughout the
City.
The caption of Resolution No. 01-10 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL
ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING THE
COST OF SUCH ABATEMENT OF NUISANCES;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A
DUE DATE AND INTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
office.)
{The official copy of Resolution No. 01-10 is on file in the City Clerk's
8.H. AGREEMENT/FLORIDA DEPARTMENT OF LAW
ENFORCEMENT (FDLE)INCIC/FCIC SYSTEM: Approve an Agreement with
Florida Deparment of Law Enforcement (FDLE) for use of the National Crime
Information Center (NCIC}/Florida Crime Information Center (FCIC) System by the
Police Department.
S.I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period December 7, 2009 through December 31, 2009.
S.J. AWARD OF BIDS AND CONTRACTS:
1. Contract award to American Lighting Maint., Inc. in the amount of
$15,350.00 for the installation of three (3) scoreboards at Miller
Park. Funding is available from 334-4173-572-63.90 {General
Construction Fund/Improvements Other/Other Improvements).
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B. Contract award to A & A Associates in an estimated annual cost of
$15,840.00 for security services at Pompey Park. Funding is
available from 001-4127-572-31.90 (General Fund/Professional
Services/Other Professional Services).
3. Contract award to Power-Tel Utility Products, Tnc. in the amount
of $24,694.00 far the purchase of a ground penetrating radar
locator system as satisfaction of civil penalties for the accidental
release of wastewater from Lift Station #18's force main (located
on Andrews Avenue near Lowry Street} on June 2, 2009. Funding
is available from 441-5161-536-64.90 (Water and Sewer
Fnnd/Machinery/Equipment/Other Machinery/Equipment).
4. Purchase award to Mohawk Resources Ltd in the amount of
$38,523.76 for the purchase of five {5) replacement vehicle lifts for
the City garage. Funding is available from 501-3311-591-64,90
(Garage Fund/Machinery/ Equipment/ Other
Machinery/Equipment).
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.A. HOLD HARMLESS AGREEMENTSIHAPPY TOGETHER PLAT:
Approve a Hold Harmless Agreement between the City and Herbert Sainio, associated
with the Happy Together Plat located at the northwest corner of N.W. 4th Avenue and
N.W. 9th Street.
Mr. Eliopoulos declared a conflict of interest and stepped down from the
dais because he is the architect far the project.
Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.E.},
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer --
Yes; Mr. Frankel -Yes; Mrs. Gray -yes; Mayor McDuffie -Yes. Said motion passed
with a 5 to 0 vote.
9.~a. W_AIVER REQUESTS/DELAIRE COUNTRY CLUB: Consider a
waiver request to Land Development Regulations (LDR) Section 2.4.6{F) "Temporary
Use Permit" to allow use of three {3} modular trailers to house the golf pro shop, tennis
pro shop, and fitness center during remodeling of the existing clubhouse; and a waiver to
LDR Section 4.4.30{3) "Construction Site Conditions/Restrictions" to allow increased
construction trailer size, in association with remodeling the Delaire Country Club located
at 4645 White Cedar Lane. (Quasi-Judicial Hearing)
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Mayor McDuffie read into the record the City of Delray Beach procedures
for aQuasi-Judicial Hearing for this item and all subsequent items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony an Item 9.A., 9.B., 9.B,1., & 9.C.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he did not speak to anyone directly about this
project; however, last month he was a guest at a luncheon at their Country Club so he did
see the facilities but did not speak to anyone directly about this issue. Mrs. Gray stated
she had na ex parte communications to disclose. Mayor McDlffie stated he too attended
the luncheon and had no direct communications with the builder, designer, or architect.
Mr. Eliopoulos and Mr. Fetzer stated they too attended the luncheon and had no direct
communications with the builder, designer, or architect.
Paul Dorling, A1CP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2009-047 into the record.
Mr. Dorling stated this item is for consideration of two waiver requests
one for the approval of temporary trailers at Delaire Country Club and to allow the
installation of three trailers to house the existing facilities in the Delaire Country Club
during the remodeling of the clubhouse, The second waiver is to allow an increase in the
maximum dimensions of a fourth construction trailer.
On December 10, 2008, the Site Plan Review and Appearance Board
{SPRAB) approved a Class II site plan modification for the Delaire Country Club which
included construction of a two-story high 16,706 square foot fitness center, pool deck,
landscape plan, and a minor change to the pool side architectural elevation. Mr. Dorling
stated these waivers will be associated with the temporary facilities that will accompany
that. The site is located off Military Trail just north of the city limits. He stated three of
these trailers will be utilized to house the golf pro shop, tennis pro shop and fitness center
during the remodeling of the clubhouse and a fourth trailer will be installed to house the
primary contractor as well as provide office space for subcontractors to utilize while on
site. Staff feels given the nature of this development that this is an appropriate waiver
request anal recommends approval of each of them. Mr. Dorling stated SPRAB
considered the waiver request for the construction trailer and recommended approval of
that waiver and they did not need to weigh in on the waiver for the other three temporary
trailers.
Mike Covelli, Applicant, stated he is present for any questions the
Commission may have.
There was no cross-examination or rebuttal.
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Mayor McDuffie stated if anyone from the public would, like to give
testimony on this item, to please come forward at this time. There being no one who
wished to address the Commission regarding the waiver requests, the public hearing was
closed.
Mr. Frankel stated the Board Order does not address the conditions. The
City Attorney stated this is incorporated in references made to Exhibit "A" on page 4 of
the Board Order. Mr. Frankel asked if these two conditions will hold up the project at all.
Mr. Covelli stated they have a few more site plans to process in addition to
what they have already done so this works out fine.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes}.
Mr. Eliopoulos moved to adopt the Board Order as presented, 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.B. CONDITIONAL ,,, USE REQUEST/EUROPCAR: Consider a
conditional use request to allow construction of a 540 square foot building an the west
side of the existing structure to be utilized as an enclosed paint booth for Europcar,
located on the south side of S.E. 4th Street and west of the FEC Railroad. (Quasi-
Judicial Hearing)
Mayor McDuffie asked the Commission to disclose their ex pane
communications. The Commission had no ex parte communications to disclose.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2009-208 into the record.
Mr. Dorling stated this is a conditional use request for Europcar located on
the south side of S.E. 4fh Street, just west of the FEC Railroad in the CBD-RC Zoning
District. He stated this request is the site of an existing auto repair facility. The request
is to expand that facility by 540 square feet and add a paint booth to provide an additional
service on the site that requires a conditional use modification which is before the
Commission at this time. The current facility is a 2,34$ square foot building and this will
be an addition that will go in this location and will provide additional services to two of
the bays that are in this facility. Mr. Doriing stated it will operate Monday through
Friday, 8:00 a.m. to x:30 p.m, and Saturday, 8:30 a.m. to 2:00 p.m. He stated this does
require some additional parking which will be provided through an outside agreement.
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Mr. Dorling stated there are some issues with access to be resolved and these are attached
as conditions of approval.
At its meeting of December 21, 2009, the Planning and Zoning Board
considered the conditional use request for Europcar and recommended approval subject
to conditions with a b to 0 vote.
Mr. Dorling stated this also includes a waiver for that building and this
current building is 16 feet and the addition is proposed at 16 feet and the CBD-RC
(Central Business District -- Railroad Cozxidor) is subject to the downtown design
guidelines which require a minimum building height of 25 feet. He stated the applicant is
asking for relief of that and is attached as an adjunct item to this agenda item. Mr.
Dorling stated staff recommends approval of the conditional use.
Mr. Eliopoulos asked if this is approved tonight along with the other
waiver will the next step be to submit this to SPRAB. Mr. Dorling showed the
Commission what the site wiIl look like and noted that the site is very industrial. Mr.
Dorling stated this building will be stacked between existing buildings on the site.
Beril Kru er 9 N.E. 16th Street Delra Beach FL 33444
(representing the Aetitiouer~, displayed pictures of the property taken in 1973 and stated
the paint booth is going inside the metal building and the reason is because the paint
booth is not an exterior building so the Fire Department required that it be inside a
regular building. Mr. Kruger stated the reason for the waiver is because all of the
properties surrounding this are 15 feet. Mr. Kruger stated he agrees with all of the
conditions except for condition #7 which states "Provide acknowledgement from the
adjacent property owner to the west that he will not encroach into the 10' building
separation area proposed for the paint booth." He stated he has a letter from the Building
Department and the Fire Department and there is no ten foot separation required. Mr.
Kruger stated this property has a zero lot line on this side. He stated the only reason there
would beaten foot setback was if there was no access to the rear of the property but
there is. Mr. Kruger requested that condition #7 be taken out and other than that they
agree with everything else.
There was no cross-examination or rebuttal.
Mr. Dorling gave the following explanation regarding condition #7:
Mr. Dorling stated there is a building that sits five feet off the property
line and this building is proposed at four feet and there have been some questions as to
whether there is a minimum separation between this facility and that building. He stated
the condition was put in there that "yes" it meets the ten foot building separation, if that is
required, but this building could theoretically be built to that zero lot line. Therefore, the
City needs a commitment that the applicant would not encroach into that area. Mr.
Darling stated until very recently it was the understanding of staff that it does exist but if
it does not exist then the condition becomes null and void. He stated rather than
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___ _ _ _ _ _
__
eliminating the condition, they can indicate that if it applies it stays in and if it does not
then the condition can be eliminated. ~ '
Mr. Eliopoulos stated the applicant is in the CBD and inquired about the
inside property line. Mr. Dorling stated it is zero lot line if there is dedicated access to '
the rear. Mr. Darling stated this is actually owned by someone else and staff has asked ',
that as a condition that there is a commitment and an easement created so that access does
exist to the back of this building. Therefore, Mr. Dorling stated you could go to zero '~,
otherwise it is ten feet if you do not have dedicated access. ',
Mr. Kruger stated he is working on the easement now with the property
owner to the south. He stated the City issued a building permit for this building in 1972
using that as access. Mr. Kruger stated the building is at the property line and there is a
six foot chain link fence that runs across the property. He stated this access is only to this
property. Mr. Kruger stated they are working to get the access agreement which is part of
the condition and stated they agree to it.
Mayor McDuffie stated essentially what staff is saying is that if no
requirement exists then condition #7 becomes null and void. If it does exist, then
condition #7 is therefore a condition. Mr. Kruger agrees with this.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the conditional use request, to please come forward at this time.
There being no one from the public who wished to address the Commission, the public
hearing was closed.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Fetzer moved to adopt the Board Order as presented (approving the
conditional use request subject to the conditions in Exhibit "A" as modified), 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 motion passed with a 5 to 0 vote.
9.B.1. WAIVER REQUEST/EUROPCAR: Consider a waiver request to Land
Development Regulations (LDR} Section 4.9~.13(F)(1)(a), "Height", which requires a 25
feet minimum building height. (Quasi-Judicial Hearing)
Mayor McDuffie asked the Commission to disclose .their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is the
associated waiver for the height of the building approved in Item 9.B. Mr. Dorling stated
the LDRs require a minimum of 25 foot and this request is to go to 16 foot consistent
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with the elevation of the existing building.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please came forward at this time. There
being no one from the public who wished to address the Commission, the public hearing
was closed.
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. Frankel moved to adopt the Board Order (approving the waiver
request), 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 7:16 p.m., the Cormmission moved to the duly
advertised Public Hearings portion of the Agenda.
14. PUBLIC HEARINGS:
14.A. ORDINANCE NO. 61-09: Consider acity-initiated amendment to the
Code of Ordinances Chapter 53, "Sanitary Sewer", to comply with the new local
discharge limits that were approved by the Florida Department of Environmental
Protection (FDEP) for the South Central Regional Wastewater Treatment Plant
(SCRWTP).
The caption of Ordinance No. 61-09 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 53, "SANITARY SEWERS" OF
THE CODE OF ORDINANCES BY AMENDING
SECTION 53.004, "ABBREVIATIONS; DEFINITIONS",
TO CLARIFY CERTAIN TERMS; AMENDING
SECTION 53.051, "PROHIBITED DISCHARGES TO
SEWERS", PROVIDING A CHANGE IN CERTAIN
DISCHARGE LIMITS AND ADDING A PROVISION
FOR AFFIRMATIVE DEFENSES; ENACTING
SECTION 53.068, "NOTICE OF VIOLATION/REPEAT
SAMPLING AND REPORTING", TO PROVIDE FOR A
NOTICE OF VIOLATION AND A REPEAT SAMPLING
PROCEDURE; AMENDING SECTION 53.084,
"ANALYTICAL REQUIIZEMENTS" TO ADD
REFERENCES TO THE FLORIDA ADMINISTRATIVE
CODE; AMENDING SECTION 53.130, "USER
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CHARGES; WHOLESALE SEWER RATES;
CALCULATION OF SEWER SURCHARGE",
SUBSECTION (G}, "CALCULATION OF SEWER
SURCHARGE", TO MODIFY THE LOCAL LIMITS;
AMENDING SECTION 53.150, "NOTIFICATION OF
VIOLATIONS; CONSENT ORDERS" BY ENACTING
SUBSECTION (C}, "COMPLIANCE ORDERS", AND
SUBSECTION (D), "CEASE AND DESIST ORDERS";
AMENDING SECTION 53.155, "AFFIRMATNE
DEFENSES TO DISCHARGE VIOLATION", BY
ENACTING SUBSECTION {C), "PROHIBITED
DISCHARGE STANDARDS", IN ORDER TO COMPLY
WITH CHANGES IN STATE AND FEDERAL LAW;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTNE DATE.
office.}
{The official copy of Ordinance No. 61-09 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Richard Hasko, Director of Environmental Services, stated this ordinance
will bring the City's industrial pretreatment ordinance into current compliance with
Florida Department of Environmental Protection requirements for discharge limits along
with a couple of housekeeping items as well.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 61-09,
the public hearing was closed.
Mr. Eliopoulos moved to adopt Ordinance No. 61-09 on Second and
F1NAL 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.
10.B. ORDINANCE NO. 01-10 FIRST READINGIFIRST PUBLIC
HEARING): Consider acity-initiated amendment to Land Development Regulations
{LDR} pertaining to Assisted Living Facilities and Continuing Care Facilities. If passed, a
second public hearing will be held on January 19, 2010.
The caption of Ordinance No. 01-10 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
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AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTIONS 4.4.1, "AGRICULTURE {A)
ZONE DISTRICT, SUBSECTION (B)"; 4.4.2, "RURAL
RESIDENTIAL (RR) ZONE DISTRICT", SUBSECTION
(B}; 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1)
DISTRICTS", SUBSECTION {B); 4.4.5, "LOW
DENSITY RESIDENTIAL (RL) DISTRICT",
SUBSECTION (B); 4.4.7, "PLANNED RESIDENTIAL
DEVELOPMENT {PRD) DISTRICT", SUBSECTION (B);
4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT",
SUBSECTION {B); 4.4.17, "RESIDENTLAL OFFICE
(RO) DISTRICT", SUBSECTION {B); 4.4.21,
"COMMUNITY FACILITIES (CF) DISTRICT",
SUBSECTION (B); 4.4.24, "OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSIIAD)",
SUBSECTION (B), IN ORDER TO CLARIFY THE
ZONING DISTRICTS 1N WHICH ASSISTED LIVING
FACILITIES ARE ALLOWED AS PERMITTED USES;
AMENDING SECTION 4.6.9 "OFF-STREET PARKING
REGULATIONS", SUBSECTION {C), TO CLARIFY
THE PARKING REQUIltEMENTS FOR ASSISTED
LNING FACILITIES, AND AMENDING APPENDIX
"A", "DEFINITIONS", TO PROVIDE UPDATED
DEFINITIONS FOR ASSISTED LIVING FACILITY
AND CONTIIVUING CARE FACILITY"; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTNE DATE.
office.}
{The official copy of Ordinance No. 01-10 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, AICP, Director of Planning and Zoning, stated this pertains
to assisted living facilities and continuing care facilities. Mr. Dorling stated Federal Law
requires these facilities to be accommodated in the same manner as residential uses
provided that the density regulations of the local jurisdictions are met. He stated in order
to achieve compliance this amendment proposes some changes including adding these
facilities as permitted uses in the A "Agricultural" district, the RL "Rural Residential
District", the R-1-A District, the PRD "Planned Residential District", the RO
"Residential Office District", and the OSSHAD "Old School Square Historic Arts
District" within the CBD "Central Business District" and CF "Community Facilities
District" there is also some language about limiting the densities in the same manner as
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01/05/10
other multi-family uses within those districts. The ordinance also clarifies the parking
requirements far assisted living facilities and modifies the definitions for assisted living
facilities and continuing care facilities to bring them compliant with Federal Law.
At its meeting of November 16, 2009, the Planning and Zoning Board
considered the text amendment and the Board had some concern over haw these changes
could be utilized by possibly sober houses to get around same of the definitions of family
and some of the changes that were made more recently associated with those. Mr.
Dorling stated after that discussion, the Planning and Zoning Board recommended
approval with a 7 to 0 vote. Staff has checked with the City Attorney's office with
respect to their concerns and it was determined that this ordinance was not in conflict
with any of those recently adopted ordinances pertaining to transient residential uses
and/or the definition of family. Staff recommends approval of this ordinance.
Mr. Eliopoulos asked if there are strict criteria for this use versus transient
lodging. Terrill Pyburn, Assistant City Attorney, stated there are not any gray areas and
they do not overlap. Ms. Pyburn stated the assisted living facilities arc completely
regulated by the State and they pertain mostly to situations with the elderly or the injured
that need assistance in regular day-to-day living activities. She stated they are completely
regulated by the State with regards to location and the licenses that are required for these
types of facilities to run and the types of people who can operate them. Ms. Pyburn
stated this is a completely different entity and they have nothing to do with one another.
Mayor McDuffie stated his understanding is any use the Commission is
discussing with this ordinance is State regulated. Ms. Pyburn stated this is correct.
Mayor McDuffie declared the public hearing open.
Pauline Mood, 609 S.W. S~" Avenue, Delray Beach, FL 33444, asked
for clarification with the def nition of assisted living facilities an~~.~~.~..,
d continuing care and
inquired if this is just for elderly people. Ms. Moody stated drunks are currently
receiving continuing care in assisted living facilities now and feels there is some gray
area and loopholes.
Dr. Joseph Provenzano, 1921 S.W, 36`" A_ venue,, Delray Beach, FL
33445, inquired why this has to be changed and expressed concern whether someone is
trying to bring more saber houses to Delray Beach. Dr. Provenzano stated there are some
groups that are trying to sneak in under the wire and he would like to make sure that this
ordinance does not do that. He asked if the City has to change in order to be compliant.
Ms. Pyburn stated what the City is doing with this ordinance is snaking the
Assisted Living Facilities permitted uses in all residential zoning districts because they
are required to be allowed to locate anywhere that anybody else could live pursuant to
State Law and Federal Fair Housing Laws. Ms Pyburn stated Assisted Living Facilities
as defined by State Statutes and def ned in the ordinance are places where people need
assistance to engage in the everyday things of life (i.e. showering, eating) that most of us
14
O1/OS/10
can do on our own. She stated these facilities are regulated by the Department of Elderly
Affairs so it is a completely separate entity that would possibly regulate sober houses.
Ms. Pyburn stated these types of facilities are regulated by the State for the purpose of
providing people who need help with everyday activities and the City also wanted to
bring the Continuing Care Facilities section of the Cade up to State Law. She stated
Continuing Care Facilities start off as Assisted Living Facilities but they continue to care
all the way up through a nursing home and are more of a medical facility. Ms. Pyburn
stated staff is clarifying the definitions to conform with State and Federal Law and
clarifying that Assisted Living Facilities are allowed as a matter of right as permitted uses
within zoning districts subject to the density requirements as any other residential use;
however, they are subject to the definition of family and they would have to get a
reasonable accommodation from that.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 01-10, the public hearing was closed.
Mr. Fetzer moved to approve Ordinance No. 01-10 on First Reading/First
Public Hearing, 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.C. ORDINANCE NO. 02-14 FIRST READINGIFIRST PUBLIC
HEARING): Consider acity-initiated amendment to the Land Development Regulations
{LDR} pertaining to Community Residential Homes and Group Homes. If passed, a
second public hearing will be held on 3anuary 19, 2010.
The caption of Ordinance No. 02-10 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 4.3.3(I}, "COMMUNITY
RESIDENTIAL HOMES AND GROUP HOMES",
SUBSECTION {4}, "CLASSIFICATIONS", TO UPDATE
THE TABLE PROVIDED THEREIN AND AMENDING
SECTIONS 4.4.3, "SINGLE FAMILY RESIDENTIAL {R-
1) DISTRICTS", SUBSECTION (D}; 4,4.7, "PLANNED
RESIDENTIAL DEVELOPMENT (PRD} DISTRICT",
SUBSECTION {B); AND 4.4.12 "PLANNED
COMMERCIAL {PC) DISTRICT, SUBSECTION (B); IN
ORDER TO CLARIFY THE ZONING DISTRICTS IN
WHICH, COMMUNITY RESIDENTIAL HOMES AND
GROUP HOMES ARE ALLOWED AS EITHER
PERMITTED OR CONDITIONAL USES AND
AMENDING SECTION 4.6.9 "OFF-STREET PARKING
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01/05/10
REGULATIONS", SUBSECTION {C) TO CLARIFY THE .
PARKING REQUIREMENTS FOR COMMUNITY
RESIDENTIAL HOMES AND GROUP HOMES;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
office.)
(The affcial copy of Ordinance No. 02-10 is an file in the City Clerk's
The City Attorney xead the caption of the ardinance. 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, AICP, Director of Planning and Zoning, stated these
amendments relate to Community Residential Homes and Group Homes and to update
the City's LDRs to achieve consistency with respect to the zoning districts where Group
Homes and Community Residential Homes are allowed. In addition, Mr. Dorling stated
it adds Type 1 as a principal use within the PRD {Planned Residential Development};
adds Group Homes, Type 1 as a permitted use in the PC (Planned Commercial) zoning
district; and adds Community Residential Homes and Group Homes, Type 2 as
conditional uses within the PC {Planned Commercial) and CBD-RC (Central Business
District -Railroad Corridor) zoning districts; establishes parking requirements for
community residential homes and group homes; and deletes the reference to A.C.L.F's
which was repealed by Ordinance No. 20-~08.
At its meeting of November 16, 2009, the Planning and Zoning Board
considered the text amendment and there was significant discussion along the lines of the
prior agenda item and the Board recommended denial with a 4 to 3 vote (Connor Lynch,
Joseph Pike, Al Jaquet and Cary Glickstein). The Board expressed concern over sober
house issues and potential loopholes. Staff has brought this before the City Attorney's
office and they do not believe that it has merit at this time. Therefore, staff recommends
approval.
Mr. Eliopoulas asked if someone from the City Attorney's office was
present at the November 16, 2009 Planning and Zoning Board Meeting. Brian Shutt,
City Attorney, stated he was there representing the Board. Mr. Eliopoulos stated on the
previous item although the Planning and Zoning Board had concerns about there being
loopholes the Board voted for it and on this item they voted "no". The City Attorney
stated the explanation that the Planning and Zoning Board got from their office that the
Commission received tonight was not present at that meeting.
Mr. Frankel asked the City Attorney if he is satisfied that there are na
loopholes in the ordinance. The City Attorney stated there might be people in these
facilities who drink or do drugs; however these facilities are regulated and therefore are
under much greater scrutiny than the saber houses.
16
01/05/10
Ms. Pyburn clarified that group homes and community residential homes
are more for abused spouse residences, mentally or physically handicapped individuals.
The types of people that are regulated by the agencies that oversee group homes and
community residential homes have nothing to do with the type of agency that would
oversee a sober house if it were regulated in which case it would be called a licensed
service care provider facility. Ms. Pyburn stated group hoxnes and community residential
homes by State Law have distance requirements and they cannot be within 1,000 feet
from one another and licensed service provider facilities and/or sober homes do not have
those requirements imposed by State Law. She stated this would not be a loophole but
they would be subjecting themselves to more regulations.
Mr. Eliopoulos asked if staff foresees a parking problem with regard to
group homes. Mr. Dorling stated when and if the City receives a request for reasonable
accommodations that are more than three then staff will be looking at the availability of
parking as one of the criteria as to whether that is an acceptable intensification of use.
Otherwise, Mr. Dorling stated the thinking was that we treat the parking requirements of
an intensity that is similar to asingle-family home which is two parking spaces per unit.
Mr. Dorling stated reasonable accommodation to definition of family would not apply to
group homes. Ms. Pyburn stated the State Statute dictates the number of residents that
are allowed to live in group homes and community residential homes.
Mayor McDuffie stated if anyone from the public would like to speak
regarding Ordinance No. 02-10, to please come forward at this time.
Christina Morrison Pearce, 2000 South Ocean Boulevard #307,
Delray Seach, FL 33483, asked if this is going to be~~subject to the limit on unrelated
residents per home that was recently implemented by the City. Ms. Pearce stated that
Ms. Pyburn stated that the group homes would be allowed in the PRD which are Planned
Residential Developments where families live with young children.
Dr. Jase h Provenzano 1921 S.W. 36th Avenue Delra Beach FL
33445, stated the neighborhood where he lives have deed restrictions and urged the
Commission to help the neighborhoods.
Ms. Pyburn stated because group homes and community residential homes
are regulated by State Statutes which dictate the number of residents in such places the
definition of family that was passed in July by the City Commission would not apply to
these residences. However, Ms. Pyburn stated they cannot be within 1,000 feet of
another and in no way do these have anything to do with what people refer to as sober
houses or licensed service provider facilities. She stated these are homes for abused
spouses and people who are mentally or physically handicapped and these people are
allowed to live anywhere under the Fair Housing Laws that anybody else could live that
does not have a mental or physical disability, etc. Ms. Pyburn stated these homes are
where people are hying in a group setting because they cannot live on their own and
maybe they have the help of a nurse and they are living together as a group. She stated
they would be allowed in a deed restricted community; however, the HOA would
17
01/05/10
__ __ _ _ _
probably have the final say to who lives there. Ms. Pyburn stated this has nothing to do
with sober houses and the City is bringing the ordinance up-to-date with current State
Law.
There being no one else who wished to address the Commission regarding
Ordinance No. 02-10, the public hearing was closed.
Mr. Frankel asked why this is being addressed if it is already governed by
State Law. Mr. Dorling stated the City's LDRs are not consistent with State Law and
staff would like to have them consistent with State Law.
Mr. Eliopoulos moved to approve Ordinance No. 02-10 on First
Reading/First Public Hearing, 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.
At this point, the time being 7:44 p.m., the Cornrnission moved to Item
11, Comments and Inquiries on Non-Agenda items from the City Mauager and the
Public.
ll.A. Ci Mana er's res onse to rior ublic comments and in uiries.
The City Manager stated at the last meeting several people expressed
concern about sober houses in the La Hacienda and Bond Way area. The Police
Department has been in touch with the residents who appeared at the meeting. They have
had extra patrols in the area and have attended a homeowners association meeting with
La Hacienda. The City Manager stated this is an ongoing project and many complaints
are not really police matters that they can enforce but the neighborhood appreciates what
is being done. The City Manager this is an ongoing problem and is something they will
continue to work with.
Secondly, he stated a woman who lives on Pineapple Grove Way had
expressed concern about some of the things happening in her neighborhood. The City
Manager stated Officer VanNess met with her to discuss her concerns and will be doing
some extra patrols in that area and keeping in touch with her. The City Manager stated
she also had her driveway blocked during the Howard Alan Art Show and Officer Finley
and Mr. Barcinski will work with the vendor io ensure that it does not happen again.
11.B. From the Public.
11.B.1. Kristen Puhalainen, Palm Beach County League of Cities, stated the
County Commission created an Ethics Commission and the League of Cities has been
given an appointment and will be making that appointment at the January meetings. Ms.
Puhalainen stated their February meeting is their associate showcase and she is hoping
that they will have a lot of support from elected officials because this is their chance to
show the associate members their appreciation because they are the ones who help keep
1&
01/05/10
their programs going all year long with the scholarships and the barbeques. Ms.
Puhalainen stated they do a trade show in February to show them off and hopes everyone
will make an effort to come out and thank them far their support during the year and
encouraged everyone to check out the League's new website.
ll.B.2. Christina Morrison Pearce, 2040 S. Ocean Boulevard #307, Delray
Beach, ~~ ~ ~ ~.~.
FL 33483, distributed letters to the Cotmn'ssion thanking the Police Department
for all they have been doing regarding the various drug house issues. Ms. Pearce stated
in doing her research at the County level County Commissioner Marcus is working on
this issue and on a State level State Representative Skidmore is working on a bill to limit
pain clinics. Ms. Pearce stated her letter is requesting both the Mayor and the City
Manager to write letters in support of such legislation because she feels this could help
the Police Department with the City with some of these issues. Ms. Pearce stated she
hopes the City will fall behind some of the representatives that are working on this issue
at the State level because there is a huge loophole that is causing this to happen that needs
to be closed.
11.B.3. Pauline Mood 609 S.W. 8th Avenue Delra Beach FL 33444
expressed concern over the condition of the sidewalks on Dixie Highway and stated the
weeds are overgrown. Ms. Moody inquired about who is responsible for maintaining this
area and urged the City to clean up so she can walk on the sidewalk.
Secondly, Ms. Moody wished everyone a Happy New Year.
11.B.4. Alson Jacguet, 236 S.E. 3~d Avenue, Delray Beach, Fh 334$3, wished
everyone Happy New Year and stated the last time he was here he forgot to congratulate
the newest member on the Commission, Mrs. Angeleta Gray. Mr. Jacquet thanked the
Commission for their expediency with regard to taking care of the swales and the work
that is being done in the Osceola Park neighborhood.
At this point, the time being 7:53 p.m. the Commission moved to back to
Item 9.C. of the Regular Agenda.
9.C. CONDITIONAL USE RE VEST/DELRAY SCRAP
RECYCLING: Consider a conditional use request to allow the establishment of a scrap
recycling and storage business for Delray Scrap Recycling, located at 725 S.W. 16th
Avenue. (Quasi Judicial Hearing)
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he received two telephone calls from Michael
Weiner but he did not speak to him and he met with Mr. Carney about this issue. Mrs.
Gray stated he received a telephone call from Mr. Weiner as well. Mayor McDuffie
stated he received a telephone call from a Mr. Thomas Carney. Mr. Eliopoulos stated he
received a call from Mr. Weiner explaining their project and he received a telephone call
today from Mr. Tom Carney and the subject to that matter was more of a possible
perceived failure of improper notice. Mr. Fetzer stated he received the same two calls
that Commissioner Eliopoulos did from Michael Weiner and also from Tom Carney
19
01/05/10
i
I
along the same subject matter that Commissioner Eliopoulos mentioned.
j Chevelle D. Nubin, City Clerk, swore in those individuals who wished to -
give testimony on this item.
Paul Dorling, A1CP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #1020-023 into the record.
Mr. Dorling stated this is a conditional use request for Delray Scrap
Recycling located in the industrial district and is located at 725 S.W. 16th Avenue and it
is an existing building and this use would occupy the North Bay (Bay #6). Mr. Dorling
stated this proposal is to collect scrap material and have it picked up and store it inside
and have it picked up twice a month. He stated one of the conditions is that there will be
no outside storage or unloading of any kind in the exterior of the site but it needs to be
contained within the building.
At its meeting of December 10, 2009, the Community Redevelopment
Agency {CRA} recommended approval; at its meeting of December 21, 2009, the
Community Redevelopment Agency {CRA} considered this and recommended approval;
at its meeting of December 21, 2009, the Planning and Zoning Board considered this and
recommended approval. Mr. Dorling stated part of the discussion at the Planning and
Zoning Board meeting revolved around maintaining this facility inside and how it would
circulate with people coming in. He stated there is a facility that does have issues with
stacking particularly on Saturday morning out into the road and down the road. Mr.
Dorling stated the City would like to avoid those kinds of things with this facility. He
stated staff has condition this to unload inside the building and the City would like to see
a circulation pattern coming off S.W. 16th Avenue. The applicant agrees with staff's
requirements including no outside storage but does not agree with this circulation pattern.
Staff believes the applicant's presentation will indicate a portion of this being available
for unloading and then an area inside the bay for aturn-a-round and then exiting. Mr.
Dorling stated if people have to stack up and have to back out that creates its own issues.
He stated one of the arguments of the applicant is that this would encompass is too great
an area and doss not allow appropriate storage area for the operation of this facility. Mr.
Dorling stated staff has suggested that if in fact the applicant needs more storage area that
they look at more than twice a month pick up and have a little less storage inside and the
circulation fiinctions mare appropriately. He stated as the alternative if you take a
portion of this out and then a portion to turn around in the facility, it is not much of a
greater area than what staff is proposing. Therefore, staff suggests that if the
Commission approves this that they attach this as a condition. Mr. Dorling stated staff
recommends that if the Commission does approve this that they attach all three
conditions listed on page two of the staff report. Mr. Dorling stated the Planning and
Zoning Board voted 4 to 0 for approval with two of three conditions not agreeing with
staff on the circulation issue. Staff received a letter of opposition from Tom Carney who
has brought up concern about notice. Mr. Dorling stated all the property owners within
500 fret were noticed (does not include leased tenants of adjacent facilities because they
are not the owners) in the appropriate timeframes.
20
ovos~la
Mr. Eliopoulos asked staff if they know how big the facility is that is
further dawn. Mr. Dorling stated it is not as large as this total building and noted it is
about half the size of this building. He stated they have two driveways and they do not
allow you to pull into the site to unload. Mr. Dorling stated you are allowed to come into
the driveway and then they unload. He stated you could drive under that site and offload
onsite and come out of the second driveway and for whatever reason they want to
maintain the ability to drive forklifts and things around onsite and push that impact on the
adjacent street system. Mr. Eliopoulos stated staff would like the traffic to come in
through the building unload and exit out. Mr. Dorling stated the striped area would be
just a single lane through the building where you would unload and then exit. He stated
the applicant had a presentation at SPRAB that had about half the bay so you could pull
in and then they had aturn-a-round in this location to exit in a forward manner.
Mrs. Gray inquired about the parking spaces. Mr. Dorling explained what
parking spaces go with what bays.
Jason Man_koff, Attorney with Michael Weiner & Associates,.i0 S.E.
15~ Avenue DeIra Beach re resentrn Staple Kossof who, ,,, ,,,_. _
_._ - y ( U ~ v , „ is a, tenant, the~~awner o~
the businessD_elra_y Scrap, and the landlord), stated they do agree with the staff report
and its conditions with the exception of condition #2 which the Planning and Zoning
Board agreed should not be attached as a condition of approval. Staff's concern may
arise from another operation in the area but does not feel his client should be penalized
for that operation. Mr. Mankoff stated the requested condition which they cannot agree
with is that entry be taken off S.W. 16th and egress onto S.W. 15th and this is not a viable
solution for several reasons. He stated economically it is not feasible for small business
owners such as Mr. Kossof to have a third of the area for a travel lane. Mr. Mankoff
stated there are also concerns regarding safety with vehicles traveling through the
building and these will have to be looked at a little more closely. He stated the entry is
off of S.W. 15th Avenue because that is where the office is and a third of that is taken up
by the vehicle where it will be stacked and the rest of the area is storage and open area.
Mr. Mankoff stated there will be no storage outside the building and no unloading and
noted it will be all internal. He stated if other vehicles come while this vehicle is being
weighed and unloaded there are four parking spaces which belong as part of the lease to
this bay. He stated during busy times there will be an attendant to make sure waiting is
orderly. Mr. Mankoff stated the drive isles are very long so if necessary there would not
be any forced waiting of vehicles an the street and they could be stacked in this area. Mr.
Mankoff stated staff is concerned that they da not want vehicles being stacked and
waiting on the street and neither does the applicant. Mr. Mankoff stated Mr. Kossof has a
current location in Delray and at no time at that location have there been more than five
vehicles at one time. Mr. Mankoff stated the staff report has been so that this type of use
has been clearly detailed and considered throughout the LDRs. He stated the staff report
indicates that the required findings of Section 3.1.1. including concurrency, future land
use map, water and sewer, traffic, and solid waste have each been met. Mr. Mankoff
stated the supplement of district regulations for parking and the use and operation
restriction in the industrial zoning district are also met. Mr. Mankoff stated based an
LDR Section 4.4.20(D}(16) scrap metal recycling is allowed as a conditional use when
21
01/05/10
{1) all operations and storage are in a completely enclosed building, (2) which generates
no emissions, and (3) which does not create a noise disturbance in violation of Chapter 99
of the City Codes. Mr. Mankoff stated each of these requirements has been met. In
addition, three parking spaces are required under the LDRs and four parking spaces are
being provided. Furthermore, Mr. Mankoff stated pursuant to LDR Section 4.4.20(H)(1-
3) there are also specific requirements pertaining to the use which must comply with
special regulations of the industrial zoning district. He stated compliance is met as
detailed in the staff report. Mr. Mankoff stated adding a condition concerning circulation
to take access through the building is not an LDR requirement and the evidence is clear
that condition #2 is not necessary. Mr. Mankoff stated they met all the LDR
requirements and they agree with conditions #1 and #3. Mr. Mankoff urged the City
Commission to approve the conditional use without condition #2.
Staple Kossof stated he deals with a commodity and it is a market. Mr.
Kossof stated he has to go according to the market so he has to move his material for his
cash flow.
Phili Hornich owner of the bnildin stated this is the worst
commercial downturn since the great depression. Mr. Hornich stated Mr. Kossof is the
first tenant that has requested a lease in three years and he has a 50% empty building.
Mr. Hornich stated the economic conditions are terrible. Mr. Hornich stated the traffic is
minimal because he is at a dead-end street. He stated this is not only a zoning issue it is
also an economic issue.
Mr. Mankoff stated they meet the specific zoning requirements and the
notice has been done appropriately and urged the Commission to support the conditional
use request.
There was no cross-examination or rebuttal.
Mr. Dorling stated Mr. Mankoff indicates that all the required findings
were made in his presentation and noted positive findings were made subject to the
conditions including the condition about circulation. Mr. Dorling stated the contention
that appropriate onsite circulation of any site plan is something that is not in the LDRs
and should be considered is preposterous and in all cases of uses staff makes sure that
appropriate circulation patterns exist or are achieved through conditions.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the conditional use request, to please come forward of this time.
Tom Carney. stated prior to the presentation he advised Mr. Dorling that
he was formally withdrawing the letter because the letter he submitted contains some
confusion as to who he represents. Mr. Carney stated when his client purchased the
property in 2004 he was assured that he should keep his occupational license current
because Delray would never authorize another scrap metal facility in that location. Mr.
Carney stated he feels the notice was insufficient with regard to the timing of when the
22
01/05/10
notice was sent. Mr. Carney stated the notice arrived prior to Christmas and Chanukah,
and other holidays and people are focusing on other items. Therefore, Mr. Carney stated
many people missed the fact that it came in front of the Planning and Zoning Board on
December 21, 2009. Mr. Carney stated by the Time he learned about everything it was
Decerriber 2$, 2009. Mr. Carney handed out a letter from a tenant in the same building
that is going to be housing the proposed scrap metal facility and the other is from down
the street. He acknowledges that this is a tenant and therefore he did not receive notice
and the other letter is from the owner of a building just outside the 500 feet radius. Mr.
Carney stated when you have a facility that is going to be generating the kind of traffic
that a scrap metal facility will generate it is important to recognize that people are going
to be using all these streets. He stated there has not been enough input from the local
residents as to the type of activity that is going to take place in the facility. Mr. Carney
requested that the Commission table this item so that the people who operate businesses
there can express their concerns. He stated these tenants' businesses depend on their
customer service and their ability to create an attractive enviroxrment far their clients to
visit.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the conditional use request, to please come forward at this time.
There being no one from the public who wished to address the Commission regarding the
conditional use request, the public hearing was closed.
The following individual gave a brief rebuttal:
With regard to the notices, Mr. Mankoff stated they did not schedule the
dates of the City Commission meetings and the Planning and Zoning Board hearings. He
stated there was previously notice set for the Planning and Zoning Board meeting back in
December before Christmas and the holidays. Mr. Mankoff stated this was a normal
notice and to table it because there was insignificant notice does not make any sense. Mr.
Mankoff stated they are in the industrial zoning district and they meet the LDR
requirements and request that the Commission take the recommendation of the Planning
and Zoning Board and approve the conditional use request without condition #2.
Mrs. Gray asked if the circulation being proposed will work. Mr. Dorling
stated staff s concern is that a car has to back out onto the road to move off the site and if
somebody is stacking behind them then it creates a circulation issue. Mr. Dorling stated
he understands that they have indicated that they will have someone out there with traffic
control; however, he does not feel this is a large enough operation that in fact that person
will be affected if in fact that person is there at all. Mrs. Gray asked if there is a door
there already. Mr. Dorling stated there are doors on both sides.
Mr. Eliopoulos briefly discussed the site plan. Mr. Eliopoulos stated he
supports the project with the condition that staff is requesting regarding the circulation
pattern.
23
01/05/IO
Mr. Frankel stated he concurs with Commissioner Eliopoulos that it is a
lot safer to go forward than backward. However, Mr. Frankel stated he agrees with Mr.
Carney with regard to the notices because since the Planning and Zoning Board meeting
was on December 21, 2009, that means that notices went out around December 23, 2009.
Mr. Frankel stated the Commission stops meeting on December 8, 2009. He stated he
understands that the notice went out under the guidelines; however, the last week of the
year not much is going on except people enjoying themselves on holidays, etc. and
believes Mr. Carney makes some valid points.
Mr. Eliopoulos stated the City might as well not have meetings in
December. He stated the majority that might have concerns are not owners they are
tenants. Mr. Eliopoulos stated tenants will never receive notice and noted that time is
money. Mr. Eliopoulos stated since the Commission shortened their calendar staff may
want to look at that for other meetings in the future for that month.
Mr. Fetzer concurred with comments expressed by Commissioner
Eliopoulos. Mr. Fetzer stated the design is a poor circulation that could potentially cause
problems. He stated he believes the notice was done properly and does not believe just
because the meetings were held in December that it should be a reason for tabling this
item. Mr. Fetzer supports the conditional use request with condition #2 with the
circulation through the building.
Mrs. Gray stated her concern was the circulation as well and supports the
conditional use request with condition #2 as well.
Mayor McDuffie stated with regard to the owner's statement about
damaging the drywall, etc. He stated if he looks at the separation of the two bays he
would far rather that an automobile drive through and out the other side than try to turn
around where he is right now because that is when the drywall is going to suffer when
this guy tries to turn around where he is sitting right now and goes through the wall.
Mayor McDuffie stated unless we have one-way through this there is flawed
ingresslegress and potentials for tying people up inside this facility. He stated we are
looking at these vehicles as though they are all small passenger cars and he assumes there
will also be truck traffic here as well. Mayor McDuffie stated he will support the
conditional use request with aone-way drive through as staff requested and he believes
the notice was adequate.
The City Attorney briefly reviewed the Board Order with the Commission
who made f ndings 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 subject to the attached
conditions, seconded by Mr. Fetzer. 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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9.D. SPECIAT, EVENT REQUEST/PRO-BOWL TAIILGATE
PARTY: Consider approval of a special event request for the Pro~Bowl Tailgate Party to
be produced by the Chamber of Commerce Destination Delray Task Force and co-
produced by the City of Delray Beach to be held on Friday, January 29, 2010 from 5:00
p.m. to 10:00 p.m.; to grant a temporary use permit per LDR's Section 2.4.6(F) for use
and closure of A-1-A from. the south side of Atlantic Avenue to just north of the Bermuda
Ynn driveway from 3:00 p.m. to 11:00 p.m.; and to authorize staff support for security and
traffic control, EMS services, barricading, site cleanup, use of the large city stage, trash
boxes, and use of the portable generator; and to leave the Sandoway parking lot and
Marriott lot open until 11:00 p.xn.
Robert A. Barcinski, Assistant City Manager, stated this is a request for a
pro-bowl tailgate party to be held on Friday, January 29, 2010 from 5:00 p.m. to 10:00
p.m., to grant a temporary use perrr~it per LDR Section 2.4.6(F) far the use and closure of
A-1-A from the south side of Atlantic Avenue to just north of the driveway to the
Bermuda lnn from 3:00 p.m. to 11:00 p.m., and to authorize staff support for security and
traffic control, EMS services, barricading, site cleanup, use of the large city stage, trash
boxes, and use of the portable generator. The event producer is the Chamber of
Commerce Destination Delray Task Force and they are requesting that the City co-
produce this one-time event and to leave the Sandoway and Marriott parking lots open
until 11:00 p.m. for adequate parking. The estimated cost for staff overtime is
approximately $2,500.00, trash boxes $105.00, and stage rental $532.00. If the
Commission agrees to co-produce this event, then per event policies and procedures, the
event producer would not pay any City costs. Staff recommends consideration of this
approval of the event, the temporary use permit for the closure of A-1-A, staff support as
requested, use and set up of Large stage, generator, and trash boxes, extended hours for
the Sandoway and Marriott parking lots and consideration of the City being a co-
producer ofthe event.
Mr. Fetzer stated the new Destination Delray Task Force is set up as an
entity of the Chamber and he was involved in some of the initial discussions that are
being proposed. Mr. Fetzer stated the mission of the Destination Delray Task Farce is to
he a group that will promote tourism throughout Delray Beach. He stated this is a
tremendous opportunity that came along as a result of the Pro-Bowl being held in Miami
this year. Mr. Fetzer stated he would support the City being a co-producer of this event
as a onetime event.
Mr. Eliopoulos concurs with comments expressed by Mr. Fetzer. Mr.
Eliopoulos stated this is where Delray Beach stands out and it is going to help the
businesses and the community as a whole. He wholeheartedly supports this request.
Mrs. Gray stated she is looking forward to this day and it is a great
opportunity for us to showcase our city.
Mr. Frankel stated he is a little disappointed that this coincides with
library event. He stated this is a great thing for the city.
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01/05/10
Mayor McDuffie stated this is an example where the city can do a public-
private partnership and make something really good happen. He stated he would support
this event wholeheartedly right now and when people talk about why they love to come
to our community it is because we do things like this.
Mr. Frankel moved to approve the special event request for the Pra-Bowl
Tailgate Party to be held on Friday, January~29, 2010, 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.
9.E. AGREEMENTIAMER.iCAN TRAFI+`IC SOLUT)iONS ATS
Consider a revised agreement between the approved vendor, American Traffic Solutions
(ATS}, and the City for the implementation of a Red Light Enforcement Program.
Sharon L'Herrou, Administrative Officer, stated this is a revised contract
between American Traffic Solutions {ATS} and the City of Delray Beach. On December
8, 2009, the Commission reviewed this item and at that time directed staff to go back to
the vendor and renegotiate the liability clause which staff has done and the vendor has
agreed to the terms. Mrs. L'Herrou stated the concerns expressed by the City Attorney
previously have been resolved and is therefore before the Commission for approval.
Mr. Eliopoulos stated this has always been about safety and expressed
concern over the timeframe and making sure that the City can control the timeframe of
that intersection so that when someone is going through the intersection and the light is
yellow he would like to see that there is a certain amount of time to allow someone to get
through. Mr. Eliopoulos stated it is very important that Delray Beach notify people that
we have this. Mrs. L'Herrou stated her understanding is that the camera will take a
picture before it reaches the line at the intersection so there will be a photograph of the
vehicle prior to entering the intersection and only those vehicles that are behind the line
at the time that the light turns red would be ticketed. She stated there will be three
pictures altogether: {1) demonstrate the car did not enter the intersection at the time the
light turned red, (2) one in the middle of the intersection and {3) one past the intersection.
Mrs. L'Herrou stated a person will not 6e ticketed if they are in the intersection because it
did not trigger the photograph prior to someone reaching that line; it is only the cars that
are behind the line when the Iight is already red at that point a photograph will be taken.
Mr. Eliopoulos expressed concern over right-hand turns on red. Mrs. L'Herrou stated
this is something the City has the authority to decide whether or not we want to ticket
that. She stated some cities do ticket that; however, her recommendation is to not ticket
that. The City Manager stated every one of these situations would have to be reviewed
by one of the Police Officers and they make the decision about whether or not to ticket.
Mr. Eliopoulos stated he saw a couple of options regarding payments.
Mrs. L'Herrou stated the City is going to start off with a fixed rate plan then the City has
the option at the end of each year when they renew to renegotiate that and change
options. She stated when the program begins most cities experience a high volume.
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Therefore, the best rate for us is fixed. Mrs. L'Herrou stated once the citizens learn and
the volume goes down because the residents comply with the traffic laws, then another
option would be better for the City and staff wanted to make sure they had the flexibility
to switch off.
Mr. Frankel asked if this is similar to the cameras in Orlando which have
the blue lights on it so people know the intersections where they are located. Mrs.
L'Herrou stated she saw the photographs of these and does not recall any blue lights
being on those and these are supposed to be aesthetically compatible with the City.
Mayor McDuffie asked if there is a warning period and he would assume
that we would not start giving tickets upfront. Mrs. L'Herrou stated there is a 30 day
warning period in the contract and part of the contract is that the vendor will initiate a
public relations campaign and an educational campaign to make sure that everyone is
aware of this before that 30 day period ends {30 day period from after the camera is up
and nun,yng).
Mr. Fetzer moved to approve the Agreement with American Traffic
Solutions {ATS) and the City of Delray Beach for implementation of a Red Light
Enforcement Program, 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.F. LEASE AGREEMENTICOMMUNITY REDEVELOPMENT
AGENCY fCRA~IOLD SCHOOL SQUARE GARAGE: Consider a proposed Lease
Agreement with the Community Redevelopment Agency regarding the Old School
Square Garage retail space.
The City Attorney stated this is a lease agreement for the retail space with
the Community Redevelopment Agency (CRA) and stated the highlights of the
agreement are as follows: (1} 5 year term commencing February 1, 2010, (2)
Commission has fnal say over the subleasing of the space, (3) Annual lease payment in
the amount of $150,000.00, {4} CRA or sublease are responsible for the buildout and
maintenance of the space, {5) the space will continually be listed for sale and during the S
year lease term it will be subject to the lease with the CRA, {6} the CRA may discontinue
the lease if it is unable to budget the appropriate funds, upon giving the City written
notice by May lst
Mr. Fetzer inquired about the term that states the Commission has fmal
say over the subleasing of the space and asked if that would be from the standpoint of the
Commission approving the tenants that would go in there. The City Attorney stated that
is correct.
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01/05/10
Mr. Eliopoulos stated if the CRA has the opportunity to make more money
on it he is okay with that too. He stated he just did not want the City to sell it and now
we are actually holding it and mal~ng some money. Mr. Eliopoulos stated his views are a
little different. He commended the CRA for stepping up and staff far working it out.
The City Attorney stated the rental income the City will receive from the
CRA does not go toward the bond cap. However, if the CRA rents the space out,
whatever rental they receive would go toward that $3 million bond cap. The City
Manager stated even though it does not go toward the cap, the City will use that money to
pay down the line of credit (debt on building}.
Mrs. Gray asked what we are looking to do with this space. Diane
Calonna, Director of the CRA, stated the CRA is going to issue an RFP by hopefully the
end of this month and most of the direction has been to look at an arts related use and
something that is non-profit. Ms. Colanna stated they are focusing on something that is
going to generate pedestrian activity in the area day and night. She stated the lease does
not really address if the CRA is to receive rental income and it goes against the sales
price she is not sure what the City's position is on that. Ms. Colonna stated she is
assuming that whatever income the CRA receives for rent the CRA will keep. The City
Attorney stated when the CRA is ready to sublease it then it would come before the
Commission and at that point in time the discussion would have to take place and the
Commission may want to think about it before then. Ms. Colonna stated the CRA is
more interested in getting the proper use in there and something that is going to make the
most of the space.
Mrs. Gray asked what happens if the City has a buyer for the building and
the CRA is in their second or third year what happens to the other two years. The City
Attorney stated the buyer would take it subject to the lease with the CRA.
Mr. Frankel stated Mr. Kinsloe came before the Commission with a great
vision; however, he never personally felt comfortable with the price he could pay for his
vision which is unfortunate. Therefore, Mr. Frankel thanked Diane and her staff for
stepping in and helping the City with this issue. Mr. Frankel thanked the City Attorney
and everyone involved and stated it is nice to see something creative being done and
something proactive in a situation that was tough.
Mayor McDuffie stated there are some non-profits who are desperately in
need of some space. He stated we need to visit what we are going to do if in fact revenue
comes to the CRA and how we are going to deal with that. Mayor McDuffie stated other
than that he is fine with the lease.
Mrs. Gray moved to approve the proposed Lease Agreement with the
Community Redevelopment Agency (CRA) regarding the Old School Square Garage
retail space, 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.
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... _ __
9.G. VOTE PROCESSING EQUYPMENT USE AND ELECTIONS
SERVICES AGREEMENT: Consider approval of a Vote Processing Equipment Use
', and Election Services Agreement between the Palm Beach County Supervisor of
Elections and the city for conducting municipal elections.
Chevelle D. Nubin, City Clerk, stated this is an agreement that the Palm
Beach County Ad Hoc Committee on Municipal Elections hashed out. Ms. Nubin stated
Susan Bucher, Palm Beach County Supervisor of Elections, asked the Palm Beach
County League of Cities if we could bring a Conmtnittee together to discuss some of the
changes and charges that she wanted to place back on municipalities for their elections.
Ms. Nubin stated the Committee was comprised of four elected officials, four municipal
clerks, Palm Beach County Supervisor of Elections staff and Palm Beach County League
of Cities staff, and held four meetings that began July 2009, August 2009, October 2009,
and November 2009. This agreement is primarily what we have always done as a city for
our Municipal Election but some of the new things that the Supervisor of Elections (SOE)
will be passing onto us is expenses that she incurs for the training booklets that she hands
out to our poll workers, for contracting and finding the training locations, the City will
have to reimburse the Supervisor of Elections Office for any postage cost at the current
postal rate. Ms. Nubin stated the Commission usually designates the SOE to handle all
absentee and provisional type ballots; however, if there is a particular general election
where a voter comes in and says they want to receive absentee ballots for that particular
election cycle, for that entire year they will be sent absentee ballots and we as a city may
or may not know how many people have requested this so the City will receive a bill at
the end of a particular election cycle and that could be 5 absentee ballots or 100. Staff
will find out what that cost is at the time where before we used to only pay for the
absentee ballot setup. In addition, Ms. Nubin stated last year the City had to pay for the
training of our poll workers (155) and the City of Delray Beach has 43 precincts and last
year to save on costs we combined some of those precincts and narrowed down our
locations from about 22 locations to 19 and we are still looking to do that for this election
cycle as well. Ms. Nubin stated the SOE will also be charging the City of Delray Beach
for any CD's that she has to provide to the City regarding voter demographics, etc. Ms.
Nubin stated the SOE will charge the City of Delray Beach for her stafFs overtime on our
election night and if the poll workers call the SOE office on Election Day the SOE office
will be running a phone bank and the City will have to reimburse the SOE for those
charges as well. Ms. Nubin stated the biggest cost for the City of Delray Beach for the
Municipal Election is the pay for the poll workers which usually cost aver $24,000.00.
The City also paid approximately $800.00 for the training that the SOE office did last
year.
Mr. Fetzer stated there was an article in the Sun_Sentinel about this and he
was a little surprised that the cost impact that they quoted for the City of Boca Raton was
$93,000.00 last year for its Municipal Election and with these additional charges from the
Supervisor of Elections they expect it to go up to $110,000.00. Ms. Nubin stated this is
primarily because the City of Boca Raton turned everything over to the Supervisor of
Elections office. Mr. Fetzer expressed concern over the cost impact for the City of
Delray Beach. Ms. Nubin stated the cast impact to the City of Delray Beach should not
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01/05/10
be that great and stated all of the municipalities that have a uniform election in March
will share some of these costs and it will be prorated between the cities that are
participating. Ms. Nubia stated the City of Boca Raton turned all of their primary
responsibilities over to the Supervisor of Elections whereas we have not done that and
noted this comes out of the City Clerk's office.
The City Manager stated there are parts that the City could take back for
example where he worked before he came to Delray Beach they did their own absentee
ballots and the City Commission met as a canvassing board and went through the
absentee ballots and decided which ones to count and how they voted, etc.
Mr. Frankel asked what if the Commission votes "no". Ms. Nubin stated
she would have to inform the Supervisor of Elections and is not sure what she will do at
that point. Mr. Frankel expressed concern with the overtime on election night because to
justify any overtime on the one of three nights of the year for something the Supervisor of
Elections does is a little outrageous. Ms. Nubin stated some of the other cities that were
represented in the Committee felt this way as well. She stated there was a lot of
discussion about certain things that cities were shocked about that Ms. Bucher wanted to
transfer over to us but this is the reasonable version of the conversations and the
agreement.
The City Manager stated in the article some of the smaller cities are
talking about taking back the whole elections process. He stated the City could do that
too although it is a lot of work. The City Manager stated he assumes the election night
overtime would be spread among all the cities that have elections on the same date. Ms.
Nubin stated all the costs that the Supervisor of Elections is suggesting that she is
implementing that are new would be shared among all of the participating municipalities
for that election date. Ms. Nubin stated the Palm Beach County League of Cities did
recommend that some of the other cities hold their elections in March rather than in
November or February but that is up to each individual municipality. Ms. Nubin stated
so far the majority of municipalities already hold their elections in March, Ms. Nubin
stated the City of Delray Beach has its own costs for advertising which cost a little over
$4,000.00 last year especially if we lase a precinct and we are responsible for notifying
those voters regarding precinct locations and we have to let them know by law that we
are changing something. Ms. Nubin stated she and the City Attorney will be looking at
resolutions from other cities because they tend to adopt everything as a resolution so if
the Commission would like staff to do this then this may be the best thing.
Mayor McDuffie stated it is interesting that especially in view of the Sun-
Sentinel article that Commissioner Fetzer is speaking about we are looking at Boca Raton
and sample election charges at $22,013,00 and he is talking about $90,000.00-
$110,000.00. Mayor McDuffie stated that is a huge jump. He stated it could be what
happens in the SOE office is that she has fairly minimal wage people that are working
these overtime hours and from that standpoint he could see it but she may also be adding
staff. Mr. Fetzer stated the quote in the article from the attorney for the Palm Beach
County League of Cities was "State Law requires Supervisors only to provide services
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01/05/10
for Federal, State, and County Elections so Susan Bucher is not obligated to provide
election services to the cities." Mr. Fetzer stated if the Commission is going to vote "no"
on this then they may want to be prepared to litigate it tao.
Mr. Eliopoulos moved to approve the Vote Processing Equipment and
Election Services Agreement between the Palm Beach County Supervisor of Elections
and the City of Delray Beach for conducting Municipal Elections, 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.H. APPOIiNTMENTS TO THE CODE ENFORCEMENT
BOARD: Appoint three {3} regular members and two {2} alternate members to serve
three (3) year terms ending January 14, 2013 and one (1) regular member to serve an
unexpired term ending January 14, 2012 to the Code Enforcement Board. Based upon the
rotation system, the appointments will be made by Commissioner Fetzer {Seat #2),
Commissioner Frankel {Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat
#5), Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2).
Mr. Fetzer moved to reappoint Stanley Brodka as a regular member to the
Code Enforcement Board for a three {3} year term ending January 14, 2013, seconded by
Mr. Eliopoulos. Upon roll call the Carnmission 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.
Mr. Frankel moved to reappoint Gerald Franciosa as a regular member to
the Code Enforcement Board for a three (3) year term ending January 14, 2013, 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.
Mrs: Gray stated she would like to defer her appointment to the regular
meeting of January 19, 2010.
Mayor McDuffie stated he wished to reappoint George Thacker as a
regular member to the Code Enforcement Board far a three {3) year term ending January
14, 2413. Mr. Frankel so moved, 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.
Mr. Eliopoulos moved to reappoint Shannon Dawson as an alternate
member to the Code Enforcement Board for a three (3) year term ending January 14,
2013, 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 S to 0 vote.
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01/05/10
Mr. Fetzer moved to appoint David Boone as an alternate member to the
Code Enforcement Board for a three {3} year term ending January 14, 2013, 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 S to 0 vote.
9_I. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint
one (1) regular member to the Police Advisory Board for a two (2} year term ending July
31, 2011 and one (1) regular member to serve an unexpired term ending July 31, 2010.
Based upon the rotation system, the appointments will be made by Commissioner Frankel
(Seat #3) for one (1) regular member to serve a two (2) year term ending Juiy 31, 2011,
and Commissioner Fetzer (Seat #2} for one {1} regular member to serve an unexpired
term ending July 31, 2010.
Mr. Frankel stated regular member Shelly Weil who is present has spoken
to him about an amendment to the ordinance as he has a project working on the Police
Advisory Board {PAB) and was seeking reappointment. Mr. Frankel asked how the rest
of the Commission feels about amending the ordinance. The City Attorney stated most
other Boards are two terms and the Police Advisory Board (PAB) is specifically set forth
as two {2} terms. The City Attorney stated if the Commission gives direction to staff to
amend the ordinance for something other than two (2} terms staff could look at that but
that would apply from then on. Mr. Fetzer stated this same question came up recently
with regard to the Delray Beach Housing Authority.
The City Manager stated years ago when he started with the City there
were no term limits for the City Commission or Boards. He stated some Board members
had been on for a decade and there was the feeling that once the term limits were put on
the Commission that you could also have some rotation in the Boards. The City Manager
stated this is a Commission decision. Mayor McDuffie stated if the Commission decides
to extend Mr. Weil's term limits then they would have to do this for every Board. It was
the consensus of the Commission to not amend the ordinance to extend the term limits.
Mr. Frankel moved to appoint Kevin Warner as a regular member to the
Police Advisory Board (PAB} for a two {2} year term ending July 31, 2011, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel --- Yes; Mrs.
Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - No; Mr. Fetzer No. Said motion
passed with a 3 to 2 vote, Commissioner Eliopoulos and Commissioner Fetzer dissenting.
Mr. Fetzer moved to appoint Carl Forrest as a regular member to the
Police Advisory Board (PAB) for an unexpired term ending July 31, 2010, 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.
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01~os~1o
9.J. APPOINTMENTS TO THE PARKING MANAGEMENT
ADVISORY BOARD: Appoint four (4) regular members to the Parking Management
Advisory Board to serve two {2) year terms ending July 31, 2012. Based upon the
rotation system, the appointments will be made by Commissioner Frankel (Seat #3),
Commissioner Gray {Seat #4}, Mayor McDuffie (Seat #5) and Commissioner Eliopoulos
(Seat #1).
Mr. Frankel moved to reappoint Alan Koxnblau as a regular member to the
Parking Management Advisory Board {PMAB) for a two {2) year term ending July 31,
2012, 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.
Mrs. Gray moved to reappoint John Gergen as a regular member to the
Parking Management Advisory Board {PMAB) fox a two {2} year term ending July 31,
2012, 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.
Mayor McDuffie stated he wished to reappoint Cecelia Boone as a regular
member to the Parking Management Advisory Board {PMAB) to serve a two (2) year
term ending July 31, 2012. Mr. Frankel so moved, seconded by Mr. Fetzer. 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.
Mr. Eliopoulos moved to reappoint Peggy Murphy as a regular member to
the Parking Management Advisory Board (PMAB) to serve a two (2) year term. ending
July 31, 2012, seconded by Mr. Frankel. 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 S to 0 vote.
9.K. APPOINTMENT TO PITBLIC EMPLOYEES RELATIONS
COMMISSION: Appoint one (1) regular member to the Public Employees Relations
Commission {PERC) for a four (4) year term ending January 29, 2014. Based upon the
rotation system, the appointment will be made by Commissioner Gray (Seat #4}.
Mrs. Gray moved to appoint Stephanie Bedenbaugh as a regular member
to the public Employees Relations Commission (PERC} to serve a four (4} year term
ending January 29, 2014, 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 S to 0 vote.
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9.L. FUNDING REQUEST/COMMUNITY REDEVELOPMENT
AGENCY (CRAB Consider making a request for the Community Redevelopment
Agency (CRA) to assist the City in funding artificial turf to be permanently placed at the
Seacrest Athletic Facility to be used for ayear-round sports training camp.
Linda Karch, Director of Parks and Recreation, stated this is to request the
Community Redevelopment Agency (CRA} to assist the City in funding of artificial turf
to be permanently placed at the Seacrest Athletic Facility to be used for ayear-round
sports training camp. Ms. Karch stated Prep and Sports, Inc. aka XPE Sports is a
company with a national reputation for preparing numerous professional athletes through
an "Extreme" fitness and strength training program for their respective sports. As part of
the XPE program, they try to link the professional athletes with youth athletes ages 11 to
18 to help inspire them to perform better in high school academics/sports in the hopes of
receiving a college scholarship. Ms. Karch stated XPE Sports wishes to establish their
training camp at the City's Soccer Complex and are in the process of entering into a
license agreement with the City. The installation of permanent artificial turf area is
needed to train the athletes. In return for the use of the complex, XPE Sports will be
holding ayear-round sports training camp that will be free for eligible children of Delray
Beach and they will allow the teams using the Seacrest Athletic Facility to utilize their
equipment and turf to train their athletics. She stated as NFL players and persons from
National Networks such as ESPN will be residing at local hotels and dining in local
restaurants they will help to boost the local economy which in turn helps to strengthen the
CRA's economic development plan and strategy. Ms. Karch stated staff requests that the
Czty Commission request funding assistance from the CRA far installation of the
artificial turf Staff has received two quotes; one is for $34,300.00 and the second one is
for $39,250.00. Ms. Karch stated this will probably go out to bid unless we can
piggyback onto another city's contract.
The City Manager stated the Soccer League has expressed some concern
about this. He stated the City does not have the license agreement negotiated yet with
XPE. At this point, the City Manager stated it would be best to separate the location, go
ahead and make the request far the CRA to assist with funding, and let the City continue
to work with the Soccer League and XPE on the exact location of the artificial turf and
get that worked out. The City Manager stated this way staff can bring this back to the
Commission with a location that is acceptable to all parties.
Mayor McDuffie stated he would Iike to know the details of the utilization
sharing so that we do not get into availability issues and conflicts. He asked if the
artif vial turf is put over soil or concrete. Ms. Karch stated they would remove the
existing grass and put in the sub-surface and lay that on top of the sub-surface. She stated
she believes there it is stone and arubber-fill mixture that goes above it then the artificial
grass goes on top of that.
Mr. Eliopoulos stated this goes back to the CRA looking at this as an
economic stimulus package that can bring positive things to Delray Beach. However, he
feels these are separate issues.
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Brian Thompsuu, Delray Beael~ Atl~letie Club, stated they are not just
soccer but they are soccer and lacrosse. Mr. Thompson stated he met with Tony and TJ a
few weeks ago and walked around the facility trying to understand what they wanted to
do with the project. Mr. Thampsan stated they are fundamentally in favor of the concept
but stated 18 months ago when Parks and Recreation originally spoke to him the concept
was different than what is being presented today. Mr. Thampsan stated the device was
going to be laid out of grass and there was going to be no artificial turf so the concept of
the artificial turf being permanent is new to them. He stated the misunderstanding arose
about whether it was going to be permanent turf or was it going to be overlay protecting
the grass. Mr. Thompson stated they are at a phase where they are about to start lacrosse
season and this is actually the heavier usage of the field because lacrosse has grown
another 25% this year. He stated they are willing to work with XPE Sports in trying to
figure out the best way to use the facility. Mr. Thompson stated when this project was
frst discussed (when he worked with Tae Weldon before Linda Karch tank over) it was
to make this amulti-purpose facility for maximum use for multiple sports beyond soccer
and he feels that lacrosse has came to that fruition. Mr. Thompson stated one of their
concerns is that this project could Limit the usage of the facility to other sports besides
soccer and lacrosse because we are taking a portion of the property. He stated there is
room. to use a portion of the property for this but maybe not where XPE has that. Mr.
Thompson stated this project needs to ga back to square two because they have to figure
out how it is going to exist on the facility and how it is going to work far the residents,
the participants, their participants, Tony's program and what TJ wants to accomplish with
it.
Mr. Frankel stated the issue right now is a request for fiinding and feels
the groups will work it out.
Mrs. Gray stated she realizes that the Commission is going to be voting on
whether the City is going to have the support from the CRA but she feels this is a
community park and it should be shared by all.
Mr. Eliopoulas stated the Commission met with staff about where this
program should be located in Delray Beach and one of the things was looking at this area
as being a sports complex. He stated this concept is on working with some of our
children that would not even see this. Mr. Eliopoulos stated the other thing that came out
of it is where would this be where you can get a lot of kids that would otherwise never
even see one another start to interact. He does not want to see all the sports being set
back and believes there is a way to figure this out. Mr. Eliapoulos concurs with
Commissioner Frankel that tonight this is really about the funding of it.
Mayor McDuffie stated the discussion this evening is about the funding
not the location. He stated he is certain we can work out something that is a "win-win"
for everybody.
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01.105110
Mrs. Gray moved to approve the funding request for the Community
Redevelopment Agency (CRA) to assist the City in funding artificial turf to be
permanently placed at the Seacrest Athletic Facility to be used for ayear-round sports
training camp, seconded by Mr. Frankel. 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 paint, the time being 9:49 p.m., the Commission moved to Item
12, Flrst Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 03-10: Consider aprivately-initiated rezoning from
CF {Community Facilities) to RM {Medium Density Residential} fora 0.387 acre parcel
of land known as the Bordman Property, located on the west side of Oceanview Avenue,
south of Gulfstream Boulevard. If passed, a public hearing will be held on January 19,
2010.
The caption of Ordinance No. 03-10 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED COMMUNITY FACILITIES (CF) DISTRICT TO
MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT;
SAID LAND BEING A PARCEL OF LAND LOCATED
ON THE WEST SIDE OF OCEANVIEW AVENUE, 125
FEET SOUTH OF GULFSTREAM BOULEVARD, AS
MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, OCTOBER 2009"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 03-10 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is a
privately-initiated rezoning from CF (Community Facilities) to RM {Medium Density
Residential) far a 0.387 acre parcel of land known as the Boardman Property, located on
the west side of Oceanview Avenue, south of Gulfstream Boulevard. The properly was
previously owned by the Presbyterian Church and was used as an area for their
recreational components. The property has been sold and the current owner would like to
rezone it to RM (Medium Density Residential}.
3~
01/05/10
At its meeting of December 21, 2009, the Planning and Zoning Board
considered the rezoning request for the Bordman Property and recommended approval
with a 6 to 0 vote.
Mr. Frankel moved to approve Ordinance No. 03-10 on FIRST 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
McDuff e -Yes. Said motion passed with a S to 0 vote.
At this point, the time being 9:52 p.m., Commissioner Gray left the
meeting.
12.8. ORDINANCE NO. 04-10: Consider modification of the Blood's Grove
SAD (Special Activities District) Ordinance No. 46-07, in conjunction with a change to
add an additional 1,088 sq. ft. to an existing 29,780 sq. ft. medical office building to total
30,868 sq. ft. for the Midtown Medical Building, located at the southwest corner of
Linton Boulevard and Old Germantown Road (4600 Linton Boulevard). If passed, a
public hearing will be held on Tanuary 19, 2010.
The caption of Ordinance No. 04-10 is as follows:
office.)
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING ORDINANCE NO. 46-07 WHICH
ESTABLISHED THE SPECIAL ACTNITIES {SAD}
ZONING DISTRICT FOR MIDTOWN DELRAY, BY
AMENDING SAID ORDINANCE 46-07 TO ALLOW
FOR AN INCREASE IN THE FLOOR AREA FOR
MEDICAL OFFICE BUILDING; AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE
CODE OF ORDINANCES, BY AMENDING SECTION
4.4.25{G), "S.A.D.s," SUBSECTION (9) MIDTOWN
DELRAY TO REFERENCE ORDINANCE 04-10;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 04-10 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated this property
is located on the south side of Linton Boulevard. The entire SAD {Special Activities
District} contains townhouses and a medical office building approximately 29,7$9 square
feet. Mr. Dorling stated that building has been constructed and is almost completed. He
stated they have a tenant which would involve adding 1,088 square feet to the existing
building to house a mechanical room with med-gas equipment needed to run an
37
01/OS/10
ambulatory service center and includes the addition of a standalone generator required to
keep the equipment up and running during a power outage. The proposal will require the
elimination of five {5} parking spaces in the covered parking area adjacent to the Medical
Off ce Building. The construction of a mechanical room will add floor area requiring an
additional five {5) parking spaces. This application also includes a request to reduce the
parking by ten (10) parking spaces.
At its meeting of December 21, 2009, the Planning and Zoning Board
considered the request and recommended approval with a 6 to 0 vote.
Mr. Eliopoulos asked what they currently have for parking. Mr. Dorling
stated they have just enough parking spaces and the Code requires five {5} spaces per
1,000 for medical office which they meet.
Mayor McDuffie asked what the demand on the ground floor is. Mr.
Dorling stated there is one user that is going to came in and operate an outpatient surgery
operation and it requires special equipment to revamp the entire air supply of that entire
floor several times in an hour. Mr. Dorling stated there will actually be an offsite
emergency generator.
The City Manager stated in the agenda backup they presented an
engineer's report on why they did not need additional parking and asked if the
Commission has to act on this separately. Mr. Dorling stated this is acted on by the Site
Plan Review and Appearance Board (SPRAB} which is scheduled to go before the Board
on January 13, 2010 between this reading and second reading.
Mr. Fetzer stated he is in favor of passing this on first reading and get the
input from SPRAB before second reading.
Mr. Frankel moved to approve Ordinance No. 04-10 on FIRST Reading,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 4 to 0 vote.
12.C. ORDINANCE NO. 0510: Consider acity-initiated amendment to the
Land Development Regulations (LDR) Section 2.4.7(G), "Requests for Reasonable
Accommodation", to provide an exception to the property address requirement on the
"Request Form for Reasonable Accommodation". If passed, a public hearing will be held
on January 19, 2010.
The caption of Ordinance No. OS-10 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER TWO, "ADMINISTRATNE
PROVISIONS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
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01/05/10
BY AMENDING SECTION 2.4.7(G), "REQUESTS FOR
REASONABLE ACCOMMODATION", IN ORDER TO
AMEND THE REQUEST FORM FOR REASONABLE
ACCOMMODATION FROM THE LAND
DEVELOPMENT REGULATIONS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTNE DATE.
office.)
(The official copy of Ordinance No. 05-10 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated this provides
an exemption to the requirement to provide a property address on the request forms for
Reasonable Accommodation. Mr. Dorling stated this is only under the situation where a
certain portion of Federal Law applies which protects patient information. He stated if an
applicant requests an exemption under this section they are going to be required to
substantiate that claim.
At its meeting of December 21, 2009, the Planning and Zoning Board
considered the amendment and recommended approval with a 5 to 0 vote.
Mayor McDuffie asked if this is HIPPA regulation. Terrill Pyburn,
Assistant City Attorney, stated this is a little different than HIPPA but it pertains to the
same type of information.
Mr. Fetzer moved to approve Ordinance No. 05-10 on FIRST Reading,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
Frankel -Yes; Mayor McDuff e -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said
motion passed with a 4 to 0 vote.
At this point, the time being 10:03 p.m., the Cammissiax moved to Item
13, Comments and Inquiries on Non-Agenda Items from the City Manager, City
Attorney, and the City Commission.
13. COMMENTS AND IN UIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager stated Commissioner Gray had asked about getting
periodic reports on CRA (Community Redevelopment Agency) projects. He stated he
has been in communication with Diane Colonna about that and they have regular monthly
reports that ga to their Boards which she will forward to the City Manager and he will
forward them on to the Commission and other staff members that should be aware of
those reports. The City Manager explained that the CRA has an internal report that goes
to their Board about their particular projects.
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01/05/10
The City Attorney had no comments or inquiries onnon-agenda items.
13.C. City Commission
13.0.1. Mr. Fetzer
Mr. Fetzer wished everyone a Happy New Year and hopes everyone
enjoyed the holidays.
Secondly, he stated at the November 3, 2009 City Commission Meeting he
mentioned a County ordinance that was being discussed at the time regarding the anti-
corruption reforms and establishing an Inspector General's Office. Mr. Fetzer stated he
believes that final ordinance was passed by the County Commission in December 2009.
Mr. Fetzer stated he is not clear as to what the cities' alternatives and options are and
suggested that this item be placed on a Workshop Meeting to discuss the City's
alternatives and what the implications for the City would be. Mr. Fetzer stated they
originally talked about the City having a referendum to approve participating in this
program. The City Manager stated his understanding is that the City can opt in now but
the County will have a referendum on the November ballot and if that passes it will
mandate cities to come in. Mr. Fetzer stated there is a clear cut decision the City has to
make whether to opt in now or wait for the referendum and reiterated that he would like
more discussion on this at a Workshop Meeting.
Mayor McDuffie stated we need a far greater understanding of what was
done. He stated the City wants to be as transparent as possible but he does not want to
put a burden on the taxpayers as a duplication of services. Mayor McDuffie concurred
with comments expressed by Mr. Fetzer to have further discussion on this issue at the
next Workshop Meeting and suggested that someone from the County Attorney's office
present this to the Commission. The City Manager stated staff will check with the
County Attorney's office.
Mr. Fetzer commented about Mr. Ken MacNamee regarding the Waste
Management issues. Mr. Fetzer stated there was same suggestion by the Finance
Director that we have investigated this enough and we do not need to do this anymore.
However, Mr. Fetzer stated he does not hold that position and stated we are still finding
billing issues where the City has been underpaid by Waste Management and suggested
that this investigation continue until we get to the bottom of every question that Mr.
MacNarnee has raised. Mr. Fetzer stated he would like to f nd the staff resources to work
with Mr. MacNamee to get all the questions resolved and bring closure to this as quickly
as possible. Mr. Fetzer stated the more that comes out on this makes him feel like we
may have some internal controls that are lacking here if these things are happening. Mr.
Fetzer expressed concern that if this is happening with this contract is it happening with
others.
40
01/05/10
Mr. Eliopoulos stated Mr. MacNamee is actually finding money.
Mr. Frankel and Mayor McDuffie concurred with comments expressed by
Mr. Fetzer and Mr. Eliopoulos. Mayor McDuffie stated we still have an issue and we
need to work on it until we no longer have an issue.
13.C.2. Mr._E_1_io_ Poulos
Mr. Eliopoulos wished everyone a Happy New Year.
13.C.3. Mr. Frankel
Mr. Frankel wished everyone a Happy New Year.
Secondly, Mr. Frankel stated he met with the Police Department and they
alerted him to the increase of hypodermic needles being found at the beach.
The City Manager stated one day these needles were found on the beach
towards the north end and the next day they were on the sidewalk.
Mr. Frankel thanked the Commission, staff, and Mayor McDuffie for the
Menorah. Lighting Ceremony held on December 11, 2009. Mr. Frankel stated he has
received compliments from people in the community and visitors who are very
appreciative of the support of bringing the Menorah to Old School Square.
Lastly, Mr. Frankel stated he had a wonderful dinner at the Seagate Hotel
and noted on the December 1, 2009 City Commission Meeting the issue of the valet
parking in front of the Seagate was discussed. He stated the tinges on the signs are
incorrect and should read 11:00 a.m. - 11:00 p.m.
13.0.4. Mrs. Gray
Mrs. Gray left the meeting at 9:52 p.m. and therefore was not present for
comments.
13.C.S. Ma or McDuffie
Mayor McDuffie wished everyone a Happy New Year.
Secondly, he stated the budget will be very interesting this year. Mayor
McDuffie stated he has enjoyed working with the entire Commission this past year and
looks forward to another great year.
Lastly, Mayor McDuffie stated the holidays were wonderful and noted he
missed First Night because he was ill.
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01/05/10
There being no further business, Mayor McDuffie declared the meeting
adjourned at 10:15 p.m.
;` J 1~ ,
City Clerk
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on January S, 2010, which Minutes were formally approved and adopted by the City
Commission on January 19, 2010.
~ ~.~~
City Clerk
NOTE TO READER:
1f the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They wiIl 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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01/05/10