02-16-10 Regular Meeting MinutesFEBRUARY 16, 2010
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers
at City Hall at 6:00 p.m., Tuesday, February 16, 2010.
1. Roll call showed:
Present- Commissioner Gary P. Eliopoulos (arrived at 6:07
P.M.)
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 Kathleen Gannon with St.
Paul's Episcopal Church.
3. The Pledge of Allegiance to the Rag of the United States of America was
given.
4. AGENDA APPROVAL.
Mr. Fetzer moved to approve the Agenda as presented, 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 4 to 0 vote.
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Mrs. Gray moved to approve the Minutes of the Annual Citizen's
Roundtable of January 26, 2010, seconded by Mr. Frankel. Upon roll call the
Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie —
Yes; Mr. Fetzer — Yes. Said motion passed with a 4 to 0 vote.
Mr. Frankel moved to approve the Minutes of the Regular Meeting of
February 2, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes.
Said motion passed with a 4 to 0 vote.
02/16/10
Mrs. Gray moved to approve the Minutes of the Special/Workshop
Meeting of February 9, 2010, seconded by Mr. Frankel. Upon roll call the Commission
voted as follows: Mayor MeDuffie — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs.
Gray — Yes. Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. Eating Disorders Awareness Week —February 21-27, 2010
Mayor McDuffie read and presented a proclamation hereby proclaiming
the week of February 21-27, 2010 as Eating Disorders Awareness Week. Kimberly
Boncsi came forward to accept the proclamation and gave a few brief comments.
7. PRESENTATIONS:
7.A. None
8. CONSENT AGENDA: City Manager Recommends Approval.
B.A. FINAL SUBDIVISION PLAT APPROVAL/TURTLE BEACH -
SOUTH: Approve the final plat for a three (3) lot subdivision known as Turtle Beach-
South, located at 901 and 921 South Ocean Boulevard.
8.B. ACCEPTANCE OF A RIGHT-OF-WAY DEED AND REQUEST
FOR SIDEWALK DEFERRAL/1000 PALM TRAIL: Approve and accept a right-of-
way deed and a request to defer the installation of a sidewalk along Bond Way for the
property located at 1000 Palm Trail.
8.1C. RESCIND A CONTRACT AWARD TO DACOSTA ENTERPRISES,
INC. AND AWARD TO MANCIL'S TRACTOR SERVICE, INC.: Approval to
rescind the contract award to Da Costa Enterprises, Inc., for construction of the Barwick
Road Sidewalk Project #2009-033 due to the contractor's inability to obtain a bond for
the project; and approve award of the contract to the 2nd lowest bidder, Mancil's Tractor
Service, Inc., in the amount of $34,130.40. Funding is available from 334- 3162 -541-
63.11 (General Construction Fund: Improvement Buildings-Bikepaths-Sidewalks).
8.D. APPROVAL OF POLL WORKERS FOR THE FIRST
NONPARTISAN ELECTION: Approve the poll workers for the First Nonpartisan
Election to be held on March 9, 2010.
8.E. CDBG CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER): Approve the Community Development Block
Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) for
FY 2008-2009 as required by the U.S. Department of Housing and Urban Development
for utilization of federal grant funds.
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8.F. HOUSING REHABILITATION GRANT/CONTRACT AWARD:
Approve one (1) Housing Rehabilitation Grant contract award through the Community
Development Division in the amount of $36,219.75 to Cordoba Construction Company,
Inc. (140 N.W. 10th Avenue). Funding is available from 118-1963-554-49.19
(Neighborhood Services: 'Other Current Charges-Housing Rehabilitation).
8.G. SPECIAL EVENT REQUEST/12" ANNUAL CINCO DE MAYO
FIESTA: Approve a special event request to allow the 12` Annual Cinco De Mayo
Fiesta to be held Saturday, May 1, 2010, from 11:00 a.m. — 11:00 p.m., at Old School
Square, to grant a temporary use permit per LDR Section 2.4.6(F) for use of the Old
School Square Park; to authorize staff support for traffic control and security, trash
removal, EMS assistance, signage preparation and installation, and to approve use of the
Old School Square parking garage, City generator, the small stage and three (3) sets of
bleachers; contingent on the receipt of a hold harmless agreement and receipt of
certificate of liability insurance and liquor liability insurance one week prior to the event.
8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period February 1, 2010 through February 12, 2010.
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1. Contract award to DCI Systems Group and Atlantic Refrigeration
in an amount not to exceed $55,700.00 for air conditioning control
system upgrades at the Police Department. Funding is available
from 334-2111-521-64.90 (General Construction Fund:
Machinery-Equipment-Other Machinery/Equipment).
2. Contract award to Line-Tec in the amount of $61,000.00 for annual
water service relocations and water meter replacements. Funding is
available from 442-5178-536-49.33 (W & S Renewal and
Replacement Fund: Other Current Charges/OB-Water Service
Relocation) and 442-5178-536-34.90 (W & S Renewal and
Replacement Fund: Other Contractual Services).
3. Contract award to Line-Tec in the amount of $21,457.00 for
the relocation of water services as part of the Osceola
Neighborhood Redevelopment Plan. Funding is available from
442-5178-536-65.85 (W & S Renewal & Replacement Fund: Other
Improvements/Osceola Park).
4. Purchase award to CDW-G in the amount of $431,319.00 for the
purchase of 133 CF-30 Panasonic "Tough-book" laptops for the
Police Department. Funding is available from 334-2111-521-64.11
(General Construction Fund: Machinery/Equipment-Computer
Equipment).
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5. Purchase award to Zoll Medical Corporation in the amount of
$24,985.24 for one (1) Zoll E Series
Defibrillator/Monitor. Funding is available from 334- 2311 -522-
64.90 (General Construction Fund: Machinery /Equipment -Other
Machinery/Equipment).
Mr. Frankel moved to approve the Consent Agenda, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr.
Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion
passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. RE UEST FOR IN -LIEU PARKING SPACES /ATLANTIC OCEAN
CLUB (F /K/A BOB'S FAMOUS BAR): Consider a request from Atlantic Ocean Club
(f/k/a Bob's Famous Bar) for the purchase of eleven (11) in -lieu parking spaces in the
amount of $171,600.00. Atlantic Ocean Club is located at 217 East Atlantic Avenue.
(Quasi- Judicial Hearing)
Mayor McDuffie read the City of Delray Beach procedures for a Quasi -
Judicial Hearing into the record for this item and all subsequent quasi-judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated this afternoon he spoke to Bob Currie. Mrs. Gray
stated she had no ex parte communications to disclose. Mr. Eliopoulos stated he received
a telephone call from Attorney Michael Listick and Bob Currie; however, he did not get a
chance to speak to either one of them. Mr. Fetzer stated he met with the owner of the
building and also with Attorney Michael Listick, Bob Currie, and the Applicants.
Scott Aronson, Parking Management Specialist, stated the proposal
includes 1,815 square feet of new restaurant floor area providing a 924 square foot
mezzanine and 891 square foot addition to a previously approved rooftop area. Mr.
Aronson stated the proposal also includes a 2,812 square foot office to replace the second
floor approved one bedroom residential unit and was restaurant approved on the other
half of the second floor. He stated LDR Section 4.6.9(B)(1)(c) and (d) require that
parking be provided for the changes of use or additional floor areas and the LDRs require
six spaces per 1,000 square foot of total floor area for restaurants, one space per 300
square feet for the office. He stated the new floor area requires 10.89 and the conversion
of the floor area for the office replacing the apartment and restaurant requires an
additional 22 spaces when it averages out which is a requirement of just over 11 parking
spaces which rounds down to 11. The subject property is located in area II and the cost is
$15,600.00 per space for a total of $171,600.00 which will likely be paid via an In -Lieu
of Parking Fee Payment Agreement as the owner will be securing the property. Mr.
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Aronson stated if the owner has not at the time the payment is due, it is due in full upon
issuance of a building permit. Mr. Aronson stated in 2001 when the Richwagen Bike
Shop and former Power's Lounge was there, Bob's Famous Bar had come in for their
original site plan and they were going to have a 2,829 square foot restaurant along with
the apartment, etc. In 2007, a request was made to expand the approved restaurant by
placing a 1,161 square foot expansion on the rooftop and those seven parking spaces
were also approved and paid for. In 2008, an additional space was required for a
backflow preventer that was placed in a landscape island adjacent to the parking lot. Mr.
Aronson stated it was in a three foot island which was reduced by waiver. The City felt
that the backflow preventer was too close to traffic in the alley so they had to expand the
landscape island which lost one of the spaces. The property has already been approved
for ten in-lieu parking spaces. Staff is concerned with the number of in-lieu parking
spaces that will ultimately be approved for this property if approved which would be 21
spaces. Staff understands that the in-lieu program was designed to help businesses do
some conversions of use throughout the downtown or expand their floor areas but the
concern is with the intensity of the number of in-lieu spaces in this one property. He
stated to their credit they have 13 parking spaces on-site which is a rare commodity in the
downtown area. Mr. Aronson stated staff has experience with some of the larger in-lieu
of requests where it does create a negative impact to the surrounding businesses as their
overflow and employees get there early and use the spaces. For example, shortly after
Mellow Mushroom opened complaints, started coming in from the surrounding
restaurants whose customers used that parking lot frequently and now were complaining
that they could not find parking spaces. Mr. Aronson stated that negative impact has
been shown and additionally the Cluster Study that was adopted in 2004 cautioned the
City about the mix of restaurants versus offices in the downtown. He stated staff
appreciates the second floor conversion to office with the computer business because it
sounds like a great plan; however, staff has concerns with the 4,612 square feet of
restaurant that would be approved here.
At its meeting of January 26, 2010, the Parking Management Advisory
Board (PNLAJ3) recommended approval with a condition that the applicant secure a
minimum of 11 parking spaces that were tied to the restaurant to provide parking that is
not provided. Mr. Aronson stated the applicant agreed to that and they stated in their
presentation that the owner was working nearby property owners to try and secure more
parking and the PMAB imposed that condition on the application. At its meeting of
January 28, 2010, the Community Redevelopment Agency (CRA) recommended
approval with a 5 to 2 vote and at its meeting of February 8, 2010, the Downtown
Development Authority (DDA) recommended approval with a 5 to 1 vote. Staff
recommends denial of this request because of the concern over the intensity with that
number of spaces on this property.
Michael Listick, Attorney with Listick & Krall, P.A., 190 S.E. 5t'
Avenue, Delray Beach, FL 33483 (representing the Applicant), stated the Cluster
Study that Mr. Aronson mentioned talks in terms of not adding more restaurants than
necessary. However, Mr. Listick stated this is already approved for two restaurants and a
standup bar on the roof. He stated when you analyze the number of customers who will
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be utilizing the building at one time it will be two restaurants and an office so the actual
number of people will be less. Mr. Listick stated we are not adding restaurants we are
taking away restaurants in this project and reducing the number of people that will be in
this building. He stated the second floor office is a sophisticated use and is a high tech
company. Mr. Listick commented on staffs reference to LDR Section 4.6.9(E)(3) and
the words "floor plans provided by the applicant." Staff is suggesting that this section
should prevent you from authorizing an in-lieu fee but in fact LDR Section 4.6.9(E)(3)
allows the City Commission to approve payment of a fee in-lieu of providing required
parking if it finds it is impossible or inappropriate to provide the required spaces. Due to
site constraints, it is impossible to provide additional on-site parking. Mr. Listick stated
this is an opportunity to be consistent with the Code and the Comprehensive Plan. He
stated the Future Land Use Element of the Comprehensive Plan talks about managing
growth and preserving the charm of the downtown. Mr. Listick stated having the office
is consistent with that and having a sophisticated restaurant on the top floor instead of a
standup bar is consistent with that as well. He stated the Comprehensive Plan also states
that we should be providing incentives for locating retail or restaurants as commercial on
the ground floor and offices on the second floor or residences on the second floor. Mr.
Listick stated this is not a good location for a residence but is a great location for an
office. Mr. Listick stated the Comprehensive Plan also states to accommodate parking
needs through innovative actions. Mr. Listick stated the applicant is willing to pay
$171,600.00; he also would like some parking off -site. Mr. Listick stated he has signed a
contract for property two blocks north of Atlantic Avenue two doors from Mr. Currie's
office and will accommodate 11-12 spaces. Mr. Listick stated the ground floor was
approved as a restaurant (14 foot high ceiling) and it does not work because it is too small
and it is awkward looking. He stated the plan is to add a mezzanine on the first floor.
Mr. Listick stated the owner felt that he wanted to spend the money and give a little
pizzazz on the first floor and the second floor was a restaurant and an apartment. He
stated the apartment is ridiculous and the restaurant is eliminated and therefore the
second floor is going to be an office use. Mr. Listick reiterated that this is a hi-tech
company moving from Boca Raton and they are going to be bringing highly paid
employees.
Francisco Perez-Azua, Economic Development Director, stated from
the Economic Development standpoint this is a great project and the Cluster Study does
state that you do not want to lose retail space but this space is already approved as a
restaurant. Mr. Perez-Azua stated they want they want to eliminate a restaurant from the
second floor and eliminate an apartment so they can add office space. He stated office
space brings workers in the city year round and support the other businesses along
Atlantic Avenue. Mr. Perez-Azua stated they want to expand the bar on the third floor
and add a kitchen and bathrooms. He stated they will improve the building, pay
$171,600.00 for the eleven (11) parking spaces, and they want to bring people in to
support the businesses in the downtown.
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Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the request for in-lieu parking spaces, to please come forward at
this time. There being no one from the public who wished to address the Commission,
the public hearing was closed.
There was no cross-examination or rebuttal.
Mr. Fetzer asked if the developer is still willing to provide the eleven (11)
remote parking spaces. Mr. Listick stated he has a signed contract for the property that
he described.
Brief discussion between Mr. Eliopoulos and Bob Currie, Architect,
followed. Mr. Eliopoulos asked what the height is underneath the mezzanine. Mr. Currie
stated the height underneath the mezzanine is 7' 2". Mr. Eliopoulos stated he supports
this based on the fact that they are buying off-site parking.
Mr. Fetzer stated he understands staffs recommendations. Mr. Fetzer
stated he feels this is a good project for downtown and is good for economic
development. He stated he believes the Cluster Study is important and we need to follow
it as much as possible but we also need to provide flexibility in any kind of plans like that
to allow for good projects. Therefore, Mr. Fetzer stated he supports the project with the
condition of the off-site parking.
Brief discussion followed between Mrs. Gray, Mr. Listick, and the
developer. Mrs. Gray stated this building has been empty for several years and she
supports the project.
Mr. Frankel stated he appreciates the work staff has done. He stated this
building has been empty for the last three years and thinks it is great that someone has
taken the initiative to want to make a restaurant and office space that is unique to
anywhere on the Avenue.
Mayor McDuffie stated he too appreciates what staff has done. Mayor
McDuffie stated the Commission is very active in economic development to try and find
ways to brings business to downtown. He stated this building has been empty for three
years plus brings a new business to help the vibrancy of the downtown and one of the
most difficult things that the Commission has had to do is to encourage and bring new
office business to downtown Delray Beach.
Mr. Aronson asked who will be using the eleven (11) off-site parking
spaces. Mr. Currie stated the owner will be using these spaces for his employees.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
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Mr. Fetzer moved to adopt the Board Order with the condition that the
eleven (11) parking spaces be provided off -site, seconded by Mr. Eliopoulos. Upon roll
call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray —
Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 5 to 0
vote.
9A APPEAL /SITE PLAN REVIEW A.ND APPEARANCE HUA"
ACTIONS/CAFE MOLA: Consider an appeal of the Site Plan Review and Appearance
Board's decision requesting that the rear handicap parking space be converted into a
loading space for Caf6 Mola located at 165 N.E. 2nd Avenue. (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffic asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2009-241 into the record.
Mr. Dorling stated the subject property is off Pineapple Grove Way north
of Atlantic Avenue on the east side. On January 27, 2010, the Site Plan Review and
Appearance Board (SPRAB) considered a Class III site plan, landscape plan, and
architectural elevations associated with the conversion of this space from a retail space to
a restaurant (824 square feet). Mr. Dorling stated during that review the SPRAB
approved the project with the condition that the proposed handicapped space which was
proposed to the rear of the site be converted to loading space. This Commission appealed
the approval and the basis of the appeal is that the action taken by the SPRAB was based
on an inappropriate interpretation of LDR Section 4.6.9(C)(1)(b) and Ordinance No. 29-
01. He stated LDR Section 4.6.9(C)(1)(b) requires that parking be provided and that
handicapped spaces be provided subject to the provisions of the Florida Accessibility
Code for building construction. In addition, Ordinance No. 29-01 was passed by the City
Commission several years ago which required any parking lots that were currently in
existence and were unpaved, that they would have to come into compliance within three
years. Mr. Dorling stated that applies to this site as well. He stated the parking
requirement under Ordinance No. 29-01 that has existed for many years needs to be
converted to a paved parking lot. Mr. Dorling stated the actual conversion is eligible for
a one time parking reduction so the actual conversion is not the item that is requiring the
handicapped space but the actual Ordinance No. 29-01 which requires the previous
parking lot to come into compliance. He stated in doing so there is the ability to provide
one handicapped space. Therefore, Mr. Dorling stated pursuant to the City's LDRs and
Florida Accessibility Code, a parking lot must be provided and a handicapped space must
be provided. Mr. Dorling stated he believes SPRAB made an error in their changing of
the condition to say that we should allow it to be a loading space because it actually does
not meet the City's Code and it does not meet the Florida Accessibility Code as well as
the Federal Requirements for handicapped spaces. Staff recommends that the
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Commission uphold the appeal; eliminating the condition of approval that required the
conversion of that required handicapped space into a loading area. Mr. Dorling stated
staff has talked to the applicant and he does not have any concerns whether it is a loading
area or a handicapped space and prefers to stay with the plan that was initially brought
forward to SPRAB.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the appeal, to please come forward at this time. There being no
one from the public who wished to address the Commission, the public hearing was
closed.
There was no cross-examination or rebuttal.
Brief discussion followed between Mayor McDuffie and Mr. Dorling.
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 (overturning SPRAB's
condition), seconded by Mrs. Gray. Upon roll call the Commission voted as follows:
Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr.
Fetzer — Yes. Said motion passed with a 5 to 0 vote.
9.C. WAIVER REQUEST/309 S.W. 5TH AVENUE: Consider a waiver
request to Land Development Regulations (LDR) Section 4.1.4(D), "Use of Lots of
Record", and Land Development Regulations (LDR) Section 4.7.12, "Other Incentives",
governing the use of lots between 40 and 50 feet in width under the Workforce Ordinance
for one parcel located at 309 S.W. 5h Avenue submitted for permitting by the
Community Land Trust (CLT). (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Lula Butler, Director of Community Improvement, stated this item is
consideration of a waiver to Sections 4.1.4(D) and 4.7.12 Other Incentives, governing the
use of lots between 40 and 50 feet in width under the workforce ordinance. Mrs. Butler
stated the property is located at 309 S.W. Stn Avenue and it has been acquired by the
Community Land Trust. The contract is going to a local contractor and a two-story single
family home will be built on this lot. She stated it does not meet with the design
guidelines specified under the workforce ordinance and therefore staff is a requesting a
waiver to that section so they can move forward and build this house that qualifies under
the City's Building Code.
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Mr. Eliopoulos asked how they are non-conforming. Mrs. Butler stated
the workforce ordinance contains very specific designs for lots of records that are less
than 50 feet and this section of the Code needs to be amended to remove those because of
the cost.
The City Manager stated the ordinance requires the garage to be accessed
from the alley and the rear, and this has the access off the street in the front. Mrs. Butler
stated there are no improved garage alleys in this area.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver 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. Frankel moved to adopt the Board Order as presented, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said
motion passed with a 5 to 0 vote.
9.D. BID AWARD/HARDRIVES, INC.: Consider approval of a bid award to
Hardrives, Inc. in the amount of $110,264.40 for the construction of Douglass Avenue.
Funding is available from 118-1965-554-63.11 (Neighborhood Services: Improvements-
Other- Bikepaths/Sidewalks) and 441-5161-536-68.28 (Water and Sewer Fund:
Improvements Other-Douglass Avenue).
Randal Krejcarek, City Engineer, stated this item is for a bid award of a
construction contract to Hardrives for the paving in the sanitary sewer installation along
Douglass Avenue in the Southridge neighborhood. Mr. Krejcarek stated last June staff
brought forward to Commission the re4ucst to set up a special assessment district and
assess the cost of the road back to the property owners. He stated there was some
opposition from the neighborhood about the assessment district and it was voted down.
Mr. Krejearek stated after that he and Lula Butler, Director of Community Improvement,
discussed other ways to possibly fund this project to get that road paved. He stated some
grant funding became available that would pay 100% of the road costs (the sewer is
coming from the Water & Sewer Fund not the General Fund). Mr. Krejcarek stated staff
advertised this and Hardrives was the low bidder. Staff recommends awarding the bid
award to Hardrives.
Mayor McDuffie stated at the discretion of the Commission this item is
opened for public comment.
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Pablo del Real, 521 Southridge Road, Delray Beach, FL 33444, stated
the approval of the bid to pave this road presents a few problems for the neighborhood
and Southridge is unique in that it is a dead end because somebody put a fence across the
middle of the street. Mr. del Real stated the neighbors on the other side of Southridge
Road (Woods of Southridge) got together and put up a fence across the middle of the
street which is still there. He stated they created a dead end on a right-of-way with no
City approval as far as he knows and there is no passage to Southridge Road. Mr. del
Real stated in June 2009 the residents came before the Commission when they learned
the City wanted to build a road called Douglass Avenue proposed to come off Southridge
Road. He stated the fence cuts off Douglass Avenue from being continued. Mr. Del Real
stated the neighborhood is excited that the City wants to improve the neighborhood but
they have a different priority and would like to see something done that is going to
benefit everybody in the neighborhood. He stated at that time they felt the City owned
land that is slated to be a park would be the greatest benefit to the neighborhood not a
street. Mr. del Real stated they were not opposed to the assessment or to the road but
suggested if the City wants to know how to improve the neighborhood he urged the City
to talk to the residents. Mr. del Real stated the solution they are proposing is if there is
money available for a paving project to spend that money on paving Zeder Avenue
located south of Southridge Road and it would connect where that fence is and give the
trash trucks and fire trucks circulation. He submitted a petition signed by approximately
80-90% of the residents requesting that the City consider the paving of Zeder Avenue.
Bill Mandel, 1.1.9 South Lon2vort Circle, Delray Beach, FL 33444
(speaking on behalf of himself and two other neighbors), stated he would have lived
on Douglass Avenue if he could have gotten a permit to build a house there when he
bought the land but he has been held up for 4 %Z years. He stated they own a total of 11
lots with no access to them not even a gravel road. Mr. Mandel stated they have been
working with the City Engineer trying to get a road built and read a letter into the record
from the Southridge Road Homeowners Association. He stated they have plans to build
5-8 higher end homes and improve the neighborhood. Mr. Mandel stated the lot is
currently vacant and he spends money cleaning up broken glass and it is a dump site. He
stated the City has designed a cul-de-sac so the vehicles can drive in and turn around and
come back out and will also bring revenues assuming the economy straightens up a little
bit if they can put nicer homes and improve the entire neighborhood, Mr. Mandel stated
the other neighbors own lots and they have no access or no value if you cannot get to it
and you cannot build on it.
Andrew Font (neiErhbor of Pablo del Real), stated he is not necessarily
opposed to this road right now but they are looking to support the neighbor in making it a
safer place.
Lucia Ortiz, 1120 S.W. 6 th Avenue, Delray Beach, FL 33444 (lived in
Delray Beach for approximately 30 years), stated she has seen the improvement of
Delray Beach but has also waited for so long to have this road paved. Ms. Ortiz
expressed concern that the residents cannot construct anything or sell their properties
because no one will buy any lots that do not have a way to go in or out. She stated she
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hopes the Commission will use good judgment and appreciates everything the
Commission is doing.
Resident of Southridge (name and address unknown), expressed
concern over the lots and does not know why there is no access or chance to build nice
homes. He stated he bought a lot because he would like to have a house.
Santalicio Martinez, 414 Southridge Road, Delray Beach, FL 33444,
stated he likes Delray Beach and supports this project.
Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, asked
where Douglass Avenue is going to be located and commented on the repaving of the
road.
The City Manager stated this part of Douglass Avenue has never been
built and if you went out and looked at it you would not know that there is a platted street
there. He stated it runs north and west of Southridge Road west of S.W. 4`h Avenue. Ms.
Moody commented that if the road has to be paved then people that live there will have
access to their homes as well.
El Dora Garcia, 521 Southridge Road, Delray Beach, FL 33444, her
daughter spoke and stated that road has a lot of wildlife and it could potentially hurt the
wildlife and makes for a dangerous crossing for the kids who come home alone from Pine
Grove Elementary School in the afternoons.
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
The City Manager stated based on the input the City received when they
had the hearing on the assessment staff put in this year's budget the planning dollars for
the park and started working toward building the park that the neighborhood has
requested.
Mayor McDuffie asked staff to explain the legality of putting a fence on
Southridge Road. The City Manager stated the Woods of Southridge was developed in
the County and the fence was already in existence when the property was brought into the
City. Mr. Krejcarek stated the fence went up in the 1970's and there was also a street that
was abandoned called Central Avenue that was perpendicular to Zeder Avenue,
Southridge Road, and Douglass Avenue.
Mr. Frankel asked why the fence is still up. The City Manager stated if
the fence were not there you would have a problem with cut-through traffic going from
4'h over to Linton Boulevard to avoid the light. The City Manager stated he is sure this is
why the fence was put up; however, staff has not been able to find out whether it is
legally possible to take it down or not. '
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02/16/10
Mr. Eliopoulos asked when staff plans to pave Zeder Avenue. Mr.
Krejcarek stated in 2000 when the City had the Road Bond Program the City looked at
several unpaved roads and developed plans for those roads. He stated that is when the
City did the design for Douglass Avenue and staff never proceeded with that project at
that time because they limited the paving of unpaved roads to those roads where there
was actually a structure and people were taking access. Mr. Krejcarek stated another
road in this area that was also on the list was Southridge Road which was paved from the
Road Bond in 2000. He stated as time went on and the property owners on Douglass
Avenue came to the City requesting that they wanted to develop their homes and received
the response that the City would have to put the road in. Mr. Krejcarek stated as staff got
to discussing what the options are that is how staff came to the Commission in June with
the assessment option.
The City Manager stated the Southridge Redevelopment Plan for this area
calls for Zeder Avenue to be paved.
Mr. Eliopoulos stated he is in favor of doing a park but at the same time he
feels it is the City's obligation to pave Douglass Avenue.
Mrs. Gray supports paving the road.
Mr. Frankel stated the last time this issue was discussed it seemed clear
that the community did not want to pay for it. He commended City staff for obtaining
funding and to take funding to do this improves the neighborhood. Therefore, Mr.
Frankel stated based on staff acquiring funding he supports paving the road.
Mr. Fetzer stated he walked this neighborhood to get a better feel for this.
He stated there is a need to do both streets; however, the City only has the funding to
pave one street. Mr. Fetzer stated he supports what the Southridge Road Homeowners
Association proposes which is to make Zeder Avenue the first priority in doing this.
Therefore, Mr. Fetzer stated he does not support this project.
Mayor McDuffie stated he agreed with the neighborhood when they did
not wish to be assessed for this because he feels it is their prerogative not to pay for the
road. He stated now that the City has funding for the road he supports building the road.
Mr. Krejcarek stated in June when staff brought the assessment district
before the Commission, none of the property owners that were going to be assessed were
at that meeting but it was the other neighbors that were at that meeting. Mr. Krejcarek
stated staff did program money to start the design for the park within that neighborhood
also.
Mr. Eliopoulos moved to approve bid award to Hardrives, Inc., seconded
by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie —
Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — No; Mr. Frankel — Yes; Mrs. Gray — Yes.
Said motion passed with a 4 to 1 vote, Commissioner Fetzer dissenting.
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02/16/10
At this point, the time being 7:20 p.m., the Commission moved to Item
11, Comments and Inquiries on Non-Agenda Items from the City Manager and the
Public.
11.A. City Manager's response to prior public comments and inquiries.
The City Manager stated at the last meeting it was pointed out that some
communities use markers in the sidewalk for outdoor dining spaces to identify the
boundaries to keep the five foot access way open. He stated the City's LDRs formerly
require the use of such markers; however, one of the problems the City experienced is
with the brick sidewalks the markers were not clearly visible at night making the job of
enforcement much more difficult. The City Manager stated the City amended the LDR in
2005 to require the sidewalk caf6 area to be segregated from the pedestrian pathway by
means of barriers such as planters, railings, or similar movable fixtures or other clearly
visible demarcation. He stated businesses are required to provide this information as part
of the application reviewed annually; however, staff believes it would be beneficial to
amend the Code to perhaps require a specific marker that would assist our enforcement
efforts since in some instances we have found the barriers moved to expand the sidewalk
area without prior approval. The City Manager stated staff will process the appropriate
amendment through the Planning and Zoning Board to the Commission by April this
year.
11.B. From the Public.
II.8.1. Al Hincken, 775 N.W. 32nd Avenue, Delray Beach, FL 33445 (moved
to Delray Beach 7 years a2o), stated the volunteers are making this city what it is. Mr.
Hincken asked why Marjorie Ferrer's contract has not been signed and feels that we are
going to lose the best thing that ever happened to this city. He stated the volunteers all
know one another and support each other. Mr. Hincken stated when people disrespect
Marjorie Ferrer they are disrespecting all the volunteers as well. He believes the City
will have a hard time replacing the volunteers. Mr. Hincken stated that a former Mayor
made comments in the newspaper impugning the character of Marjorie Ferrer and he
feels this is horrendous.
11.13.2. Joy Binkovilz, 5220 Bodega Place, Delray Reach, FL 33484, belongs to
Sunrise Rotary and noted Sunrise Rotary raises money to better lives of people in this
city and they have given scholarships to students from Atlantic High School. She stated
without the help of Marjorie Ferrer for the fourth of July weekend in positioning them in
a good place, seeing that their needs were met, and putting them in touch with the right
people to see that their needs were met so that they could sell water to make a profit, they
would not have been successful. Ms. Binkovitz stated Mrs. Ferrer has done nothing but
good things for the Rotary.
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02/16/10
11.13.3. Leon Amernick, 1435 S.W. 27th Avenue #104, Delray Beach, FL
33435, stated he has been a resident of Delray Beach since 1991 and is a volunteer. Mr.
Amemick stated it is incumbent upon the City of Delray Beach to retain Marjorie Ferrer
to handle the affairs of all the volunteers. He stated if we lose Mrs. Ferrer to another
community we have lost a jewel.
11.11.4. Bernard Solomon, 345 N.W. 46h Avenue, B, Delray Beach, FL 33445
(snowbird but also comes from an All America City), read into the record an email he
sent to the City Commission regarding Marjorie Ferrer.
11.B.5. Pauline Moody, 609 S.W. 8... Avenue, Delray Beach, FL 3344
thanked the City for cleaning up the sidewalks on the comer of Dixie Highway and 10'h.
Ms. Moody stated there are serious problems with drug addicts sitting on
the comer of S.W. 8h Avenue and S.W. 6"' Street and stated this is happening during
school hours and in the evening. She stated this has been an ongoing problem that she
has called the Police Department about. Ms. Moody commented about a situation with a
cemetery employee walking across the street to buy drugs and had presented a
photograph of this person to Mayor McDuffie. She stated when the police come these
people run into the house on the comer of S.W. 8th Avenue and S.W. 6t" Street (house
#725). Ms. Moody stated there are buses in this neighborhood that pick up handicapped
children in her neighborhood. Ms. Moody stated she wanted to bring this to the attention
of the Commission so the City can get this cleaned up.
ll.B.6. Clifford Wright, 3930 Lowson Boulevard, Delray Beach, FL 33445
and owns a business at 401 W. Atlantic Avenue, stated about a year ago the
Commission met at St. Paul's Episcopal Church and one of the things the Commission
said was that they would make sure that local contractors in this area would be looked at
first before passing contracts on to other vendors out-of-state and outside the city. Mr.
Wright stated at that time Mrs. Gray was not in office but that the rest of the Commission
made this commitment. Mr. Wright stated he hopes the Commission lives up to their
commitment to the public especially to the people in the northwest and southwest
communities.
11-B-7. Kathryn Olson, 440 Sherwood Forrest Drive, Delray Beach, FL
33445, stated her family has been in Delray Beach since 1953 and has seen many changes
in this city for the good and bad. Ms. Olson stated she has seen the city almost implode
in the 60's and 70's and she has seen it come back to where it is now which is a
wonderful place to live. Ms. Olson stated she has spent over 30 years in a Fortune 100
company in sales and marketing and through that experience she learned that when you
are marketing your city you build relationships and you network. Ms. Olson stated that is
how you get people to come to this city not just citizens but also companies, vendors, and
people for tourism and that is a relationship that is built up over time. Ms. Olsen
expressed concern over the City's process in the way that Marjorie Ferrer's contract is
being handled.
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02/16/10
Mr. Fetzer stated the volunteers in Delray Beach is what has really set us
apart in so many ways and thanked everyone for what they do. Mr. Fetzer stated
Marjoirie Ferrer is employed with the Downtown Marketing Cooperative (DMQ Board
of Directors who is made up of six people. He stated these six people represent four
different organizations: (1) the City (Robert Barcinski), (2) two CRA members that are
on the Board, (3) one member from the DDA (Michael Listick, President), (4) two
representatives from the Chamber of Commerce (Dr. Jay Alperin and was Bill Wood
before he retired and is now Michael Malone, new President of the Chamber). Mr. Fetzer
stated he was told today that Marjorie was offered a four month extension on the contract
and normally it is a one year contract that is agreed to and signed. He stated he
understands that there has been a sub-committee of this Board organized that has a report
due back on February 25h. Mr. Fetzer asked the volunteers to bear with the Commission
until the Board can try to take action on this and there are some things that are being
worked on to try and get all this resolved.
At this point, the time being 7:40 p.m., the Commission moved back to
Item 9.E., of the Regular Agenda.
9.E. SPECIAL EVENT REOUESUASIAN FOOD FAIR AND
CULTURAL SHOW: Consider approval of a special event request to allow the 7th
Annual Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of
Florida, to be held on March 27-28, 2010 from 12:00 noon until 10:00 p.m. on the
grounds of Old School Square and in the Old School Square Park; to grant a temporary
use permit per LDR Section 2.4.6(F) for the closure and use of a portion of N.E. lst
Avenue, to authorize staff support for traffic control and security, site cleanup and trash
removal, EMS assistance, standard event signage and assistance with banner hanging; use
of the Old School Square Garage, North City Hall Parking lot, City generator if
needed and three generator lights; and to waive the 120 day permit submittal
requirement; contingent upon meeting the conditions listed in the staff report.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
the Commission to approve the 7th Annual Asian Food Fair and Cultural Show being held
in Delray Beach sponsored by the Bangladesh Association of Florida, which is proposed
to be held on March 27 & 28, 2010 on the grounds at Old School Square and in the Old
School Square Park from noon to 10:00 pm. The Commission is also requested to grant
a temporary use permit per LDRs Section 2.4.6(F) for the closure and use of and a
portion of N.E. I" Avenue, to authorize staff support for traffic control and security, site
cleanup and trash removal, EMS assistance, event signage and assistance with banner
hanging. The event sponsor also requested per the permit use of the CRA parking lot,
Old School Square parking lot, County Garage, North City Hall lot, 300 reserved parking
spaces in the Old School Square Garage for vendors, VIP's, sponsors, and staff. In
addition, they asked for entrance and exit signs, water hoses and hose bib, City generator,
three (3) generator lights and an event sign on 1-95. Mr. Barcinski stated staff is not
recommending approval of the water hoses and hose bib, specialty signage such as exit
and entrance signs because it is really the event sponsors responsibility and not the
City's. Mr. Barcinski stated they are requesting a fancier 4x4 event sign and although the
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02/16/10
City has allowed people to do that they have paid the cost. He stated City staff is limited
and our capability is limited but the City will do this for them. Mr. Barcinski stated the
City can order the generator lights but they pay all the costs as other promoters do and the
City can do the FDOT permit for them. Staff feels that 300 reserved parking spaces is
too many in the parking garage and the maximum recommended is 100 and recommends
that this event go to the CRA as well as to Mr. Carbone's lot and if they need the extra
spaces request the use of those for reserved parking. Mr. Barcinski stated this permit was
considerably late and staff requests that the Commission waive the event policy and
procedures which requires 120 day submittal before the event. The estimated overtime
costs for the event are $12,200.00 with an additional estimate of $300.00 for event
signage, $350.00 for trash boxes and $400.00 for generator lights. The event sponsor
does have a 501(c)(3) designation and has recently changed the location of their
incorporation to Delray Beach. Therefore, they will be required to pay 75% of the City
overtime costs less the first 1,000.00 versus 100%, as well as 100% of the costs for
signage, trash boxes, and generator lights. Mr. Barcinski stated staff recommends
approval with all the conditions listed by staff and that we do not waive any fees.
Mr. Eliopoulos stated he supports staff and would like to go with the
policies we have set. He stated he supports the waiver for the application.
Mr. Fetzer concurred with comments expressed by Mr. Eliopoulos.
Mrs. Gray asked how many parking spaces staff is recommending. Mr.
Barcinski stated he recommends no more than 100 reserved parking spaces in the parking
garage.
Mr. Frankel stated he would like to be consistent and find that the
conditions are reasonable and supports this with the conditions.
Mr. Frankel moved to approve the Special Event Request for the 7h
Annual Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of
Florida on March 27-28, 2010 from noon until 10:00 p.m. with staff's recommendations,
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
MeDuffie — Yes. Said motion passed with a 5 to 0 vote.
9.F. SPECIAL EVENT REQUESUDELRAY BEACH FILM FESTIVAL:
Consider approval of the 5th Annual Delray Beach Film Festival proposed to be
held March 21-28, 2010; to grant a temporary use permit per LDR's Section 2.4.6(F) for
the partial closure of S.E. I" Avenue on March 25, 2010 from 9:00 p.m. to midnight, for
a street party, the use of the south end of the Municipal Beach east of Anchor Park on
March 27, 2010 from 7:30 a.m. to 3:00 p.m., for a surfing contest, and the use of
Veterans Park on March 27, 2010 from 9:00 a.m. to 5:00 p.m., for a children's event; and
to authorize staff support for security, barricading and trash removal, approve event
signage, small stage use and banner hanging and approve reserved times at the golf
course; contingent upon receipt of a certificate of event liability insurance and liquor
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02/16/10
liability insurance by March 11, 2010; receipt of an executed copy of a rental agreement
with Old School Square by March 1, 2010; receipt of a signed hold harmless agreement
by March 11, 2010 and notification three (3) days prior to the Golf Tournament of the
number of players.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
the Delray Beach Film Festival proposed to be held March 21-28, 2010. Mr. Barcinski
stated they are requesting a temporary use permit for the partial closure of S.E. 1"
Avenue on March 25, 2010 from 9:00 p.m. to midnight for a street party, the use of the
south end of the municipal beach east of Anchor Park on March 27, 2010 from 7:30 a.m.
to 3:00 p.m., for a surfing contest and beach cleanup and the use of Veteran's Park on
March 27, 2010 from 9:00 a.m. to 5:00 p.m., for a children's event, to authorize staff
support for security, barricading and trash removal, approve event signage, small stage
use and banner hanging and approve reserved tee times at the golf course. The event
producer has also requested verbally a waiver of the event permit fee, park rental and
reduction of Old School Square rental fees. Estimates for overtime for all activities is
approximately $1,445.00, trash box costs $35.00, park rental $370.00, barricades $720.00
and $300.00 for event signage. Per event policies, the event sponsor would be
responsible for 75% payment of the overtime costs less $1,000.00 and 100% payment for
the trash boxes, signage, barricade rental and rental of Veteran's Park for a cost of
$1,795.00 to the event sponsor. Mr. Barcinski stated about eight months ago they asked
that the Commission waive the permit fee ($150.00) as well as a park rental waiver and
waiver of fees at Old School Square for their rental fees. Staff does not recommend
waiving the permit fee and Old School Square rental fees is up to their Board and the
City has waived park rental fees in the past for other events such as Roots; however, this
would be up to the Commission. Staff recommends approval subject to conditions and
noted that he did not make a recommendation on the waiver to the rental fee because he
believes that is a Commission decision.
Mayor McDuffie asked if Old School Square is owed any monies at this
point by this organization. Mr. Frankel stated the Commission discussed this last year
with the exception of Commissioner Gray and there was an issue about Old School
Square collecting monies. Mr. Frankel stated the City issued the permits with the
understanding that Old School Square would be paid and he spoke to Mr. Gillie today
who stated it took nine months for Old School Square to get paid. Mr. Frankel stated Old
School Square is not a collection agency and it is unfair to ask Mr. Gillie to go through
that again.
Mr. Eliopoulos stated he does not support any waivers for this.
Mr. Eliopoulos moved to approve the Special Event Request of the 5h
Annual Delray Beach Film Festival on March 21-28, 2010 and that no waivers be granted
and that the City receives satisfaction of Old School Square's contract, 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.
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02/16/10
9.G. PAYMENT OF WASTE MANAGEMENT'S FEBRUARY
INVOICE: Consider whether to pay Waste Management's February invoice as presented
or to deduct possible prior overpayments.
The City Manager stated staff provided written responses to the twelve
questions that Mr. MacNamee had raised with the exception of the first one which was
not finally clarified until last Thursday. He stated in going through those it appears that
the answers are responsive and well documented. The City Manager suggested that the
Commission follow the recommendation of the Financial Review Board and not have any
further action or discussion on this until all the analysis is done. He stated the City has
quite a few people working in the field to verify unit counts and the Financial Review
Board is beginning their work in looking at all of this.
Mr. Fetzer stated as a Commission they charged the Financial Review
Board with doing the required due diligence to settle this issue. He stated he expressed
dissatisfaction with lack of patience because this has dragged out for so long. Mr. Fetzer
stated he would like to get to the bottom of this and make sure that we are confident with
who is billing who the correct amount, Mr. Fetzer stated he is fine to follow the
recommendation of the Financial Review Board.
Mr. Eliopoulos stated he agrees with staff and does not want to be looking
at holding back payment to anybody unless we have all the facts and he does not believe
the Commission has all the facts yet.
Mrs. Gray concurs with her fellow Commissioners and stated Rich Reade
and staff has put in so many hours with trying to get to the bottom of this. In addition,
Mrs. Gray stated Waste Management has been great with making sure the City receives
all the information that has been requested. Mrs. Gray stated she supports staff's
recommendation.
Mr. Frankel stated Rich Reade, Butch Carter, and Ken MacNamee have
acted in good faith. In his opinion, Mr. Frankel stated the City has taken a little too long
to get to a resolve in this matter but at least it is positive. Mr. Frankel stated he supports
paying the February invoice as presented.
Mayor McDuffie stated there are more people on City staff and more
qualified people on a City Board engaged in this project than we have ever had before.
He stated Waste Management and Mr. MacNamee have acted in good faith and the City
needs to continue to act in good faith and see this to the end. Mayor McDuffie stated
when we have numbers that we know we can justify at that point we need to release those
numbers; and, if we owe Waste Management we should pay them and if they owe the
City they need to pay us. He stated until we are absolutely certain of our numbers, he
recommends that we continue to pay the bill as we have always been doing until we note
some reason to act differently.
Im
02/16/10
Mr. Frankel moved to approve the payment of the Waste Management
February invoice as presented, seconded by Mrs. Gray. Upon roll call the Commission
voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr.
Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 5 to 0 vote.
9.11. APPOINTMENT TO THE GREEN TASK FORCE: Appoint one (1)
regular member to the Green Task Force to serve an unexpired term ending July 31,
2011. Based upon the rotation system, the appointment will be made by Mayor McDuffie
(Seat 95).
Mayor McDuffie stated he wished to reappoint Edward Bispharn as a
regular member to the Green Task Force to serve an unexpired term ending July 31,
2011. Mr. Eliopoulos so moved, seconded by Mr. Frankel. Upon roll call the
Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos
— Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
9.1. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint
one (1) regular member to the Board of Adjustment to serve an unexpired term ending
August 31, 2010. Based on the rotation system, the appointment will be made by
Commissioner Eliopoulos (Seat #1).
Mr. Eliopoulos moved to reappoint Mel Pollack as a regular member to
the Board of Adjustment (BOA) to serve an unexpired term ending August 31, 2010,
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.J. APPOINTMENT TO THE DELRAY BEACH HOUSING
AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority
to serve a four (4) year term ending March 6, 2014. Based on the rotation system, the
appointment will be made by Commissioner Gray (Seat #4).
Mrs. Gray stated she would like to defer her appointment until the next
regular meeting of March 2, 2010.
9.K APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) regular member to the Neighborhood Advisory Council to
serve an unexpired term ending July 31, 2010. Based upon the rotation system, the
appointment will be made by Commissioner Frankel (Seat #3).
Mr. Frankel moved to appoint Harriet Meltzer as a regular member to the
Neighborhood Advisory Council (NAC) to serve an unexpired term ending July 31, 2010,
seconded by Mrs. Gray. 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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02/16/10
9.L. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD:
Appoint one (1) regular member to the Nuisance Abatement Board to serve a two (2)
year term ending July 31, 2012. Based on the rotation system, the appointment will be
made by Mayor McDuffie (Seat #5).
Mayor McDuffie stated he wished to appoint Wendy Smith as a regular
member to the Nuisance Abatement Board (NAB) to serve a two (2) year term ending
July 31, 2012. Mr. Frankel so moved, 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.
9.M. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint
one (1) alternate member to the Financial Review Board to serve an unexpired term
ending July 31, 2011. Based on the rotation system, the appointment will be made by
Mayor McDuffie (Seat #5).
Mayor McDuffie stated he wished to appoint Warren Trilling as an
alternate member to the Financial Review Board (FRB) to serve an unexpired term
ending July 31, 2011. Mr. Eliopoulos so moved, 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.
10. PUBLIC HEARINGS:
A. None
At this point, the time being 7:59 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 07-10: Consider modification of the Midtown Delray
SAD (Special Activities District) Ordinance No. 46-07 to allow for a 1,088 sq. ft.
increase in the floor area for the Midtown Medical Building, modifying the parking
requirements for such S.A.D., limiting the office square footage based on floor levels;
and amending the Land Development Regulations Section 4.4.25(G), "S.A.D.s,"
Subsection (10), to reference Ordinance 07-10. If passed, a public hearing will be held on
March 2, 2010.
The caption of Ordinance No. 07 -10 is as follows:
A
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02/16/10
office.)
•••
WAR WN
EFFECTIVE DATE.
(The official copy of Ordinance No. 07-10 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 is a
request to add an additional 1,088 square feet to an existing 29,780 square foot medical
office building (total of 30,868 square feet) that has been recently constructed on the
south side of Linton Boulevard just east of Military Trail. The request also includes the
elimination of five (5) parking spaces, the provision of eight (8) additional handicap
spaces, installation of an emergency generator, and modification of the allowed uses to
add an option for medical or professional office use on the second and third floors and
restrict the first floor to either an Outpatient Surgical Facility (OSF)/Ambulatory Surgical
Center or professional offices. Mr. Dorling stated the reason for the change in the types
of uses relates to parking. He stated medical offices require greater parking requirements
than professional offices. Mr. Dorling stated when this first came before the Commission
and the ordinance was postponed several times and then withdrawn, there was a
significant amount of parking that was requested for a tenth space reduction. He stated
limiting the types of offices on the second and third floors eliminates that parking
deficiency and brings them compliant with parking. Also, as part of this SAD (Special
Activities District) they did present information that would support a lower parking
demand for the specific outpatient surgical facility center that they want to create on the
first floor. Mr. Dorling stated based on AHCA (Agency of Health Care Administration)
studies they have looked at these facilities and acknowledged that they require less
parking. The modification before the Commission does not have that reduction in
required parking that the previous ordinance did. Mr. Dorling stated this ordinance will
go to the Site Plan Review and Appearance Board (SPRAB) between first and second
reading and the Board will act on the actual changes to the elevations and types of uses
that are limiting on the second and third floor. He stated then this will come back to the
Commission on second reading for a final vote at the next meeting.
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5WISH
At its meeting of December 21, 2009, the Planning and Zoning Board
considered the SAD modification request for Midtown Delray and recommended
approval with a 6 to 0 vote. Mr. Dorling stated the Planning and Zoning Board saw the
old proposal which included the parking reduction and this one does not. Mayor
McDuffie stated the additional square footage does not change the footprint and does not
change area under roof.
Mr. Eliopoulos stated it is within the envelope. MT. Dorling stated the
second and third floor extends over parking spaces and the actual addition eliminates the
five (5) spaces in this location on the ground floor. Mr. Eliopoulos inquired about the
generator. Mr. Dorling stated the generator is in the location of the future residential
units and it will be encased similar to the City's generator north of City Hall.
Mr. Eliopoulos moved to approve Ordinance No. 07-10 on FIRST
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs.
Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr.
Frankel — Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 8:06 p.m., the Commission moved to Item
13, Comments and Inquiries on Non-Agenda Items from the City Manager, the City
Attorney, and the City Commission.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manner
The City Manager stated this morning the Financial Review Board had a
discussion about their recommendation to set a spending target and if he understands
correctly what they were really recommending is if you set a spending target without
giving any thought to millage or revenue sources that you just set a spending target. The
City Manager stated his understanding after the Commission meeting last week was that
the Commission wanted to see some projections on the millage and presented these to the
Commission. The City Manager stated the first column shows projections showing the
current fiscal year 2010; the second column is a ten percent projection and a twelve
percent reduction projected; the total operating millage impact with a 10% reduction the
City would lose $4 million and with a 12% reduction the City would lose about $4.9
million. The City Manager stated those are the tax roll reduction impacts minus ten
percent and minus twelve percent. He stated given what the Financial Review Board is
asking for, the Commission can either do as they suggest or can do something based on
these projections.
Mayor McDuffie inquired about the operating budget this year. The City
Manager stated the operating budget in the general fund was $96.6.
23
02/16/10
Mr. Fetzer stated the 88% column assumes a twelve percent decrease in
property values. The City Manager stated this calculation is based on keeping the City's
operating millage the same as this year with a twelve percent decrease.
Secondly, the City Manager stated Commissioner Gray had mentioned
that Mr. Tavarius "TJ" Jackson with XPE Sports had spoken to her about needing some
temporary office space. Lula Butler, Director of Community Improvement and Linda
Karch, Director of Parks and Recreation met with Diane Colonna, Executive Director of
the Community Redevelopment Agency (CRA) on February 11, 2010 regarding possible
temporary office space for XPE Sports. The City Manager stated Diane Colonna is going
to consult with their attorney regarding the process of possibly allowing them to use some
vacant commercial space in the building on N.W. 5"' Avenue for a temporary period.
The City Manager stated Diane Colonna is willing to take it to her Board for approval
and he will let the Commission know the outcome.
The City Manager stated Commissioner Eliopoulos had asked about the
artificial turf at the Seacrest Soccer Complex and staff is trying to get quotes from the
three different vendors. He stated the City received a quote back from Sports Turf One
and one other one and are still waiting on a third. The City Manager stated the City has
also sent a spec sheet to Astroturf. He stated in the original quotes the City received there
were some differences in what they were quoting and staff wanted to make sure that we
were getting quotes on the same type of work. The City Manager stated staff expects to
have some final numbers next week at the latest.
With regard to people stumbling over the wheel stops at the Sandoway
House, the City Manager stated the City is looking at either providing landscaping
between the wheel stops of the buildings or some low level lighting that illuminates the
area between the building and the wheel stops. The City Manager stated the wheel stops
are required by Code.
Mr. Eliopoulos stated as Commissioner Gray suggested paint the wheel
stops yellow because gray is definitely a hard color to see.
13.8. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.I. Mr. Fetzer
Mr. Fetzer had no comments or inquiries on non-agenda items.
24
02/16/10
13.0.2. Mr. Eliopoulos
Mr. Eliopoulos stated a citizen had a problem over the weekend who
wanted to go to the library and the garage was charging $5.00. He stated her issue was
that when she did get into the library they informed her that if you say you are coming to
the library it is actually free. Mr. Eliopoulos stated she suggested that signage be put up
to make people aware of this.
Mr. Barcinski stated there is a $5.00 charge and it is not free if someone is
going to the library. He stated he will talk to the library staff. The City Manager stated
staff will try to get this clarified.
Secondly, Mr. Eliopoulos stated he attended the African Diaspora Awards
Saturday night and it was a good event.
13.0.3. Mrs. Gray
Mrs. Gray stated she has been receiving numerous telephone calls about
minorities receiving contracts as well. She asked for records regarding this because she
is receiving complaints about the CRA as well as the City.
Secondly, Mrs. Gray stated she attended the Garlic Fest this weekend and
it was wonderful.
She stated she observed The Office restaurant space on several occasions
and the five foot right-of-way rule is not being followed. Mrs. Gray stated she almost hit
someone that was in the middle of the road as she was heading east on Atlantic Avenue
and got ready to turn into Pineapple Grove on 2"a Avenue. She expressed concern over
the barrier and stated this is not a safe place. In addition, Mrs. Gray stated when the
waiters are going back and forth that middle area is not safe and noted that the dogs that
are in the middle of the walkway go up to the bar because there is nowhere else for them
to sit. She asked that staff look into this situation a little more.
Lastly, Mrs. Gray congratulated herself for running unopposed.
13.0.4. Mr. Frankel
Mr. Frankel concurred with comments expressed by Commissioner Gray
and stated he too saw many of the same things regarding sidewalk caf6s. He commented
on two previous situations that were extremely dangerous and stated the situation at The
Office Restaurant is an accident waiting to happen. Mr. Frankel stated he received email
from Fran Marincola who spoke to Brian Shutt who spoke to Lula Butler and stated at
some point we need to look at the sidewalk caf6 ordinance to see if The Office restaurant
is in compliance or not in compliance.
99
Secondly, Mr. Frankel stated he passed his intermediate test at the FPPTA
(Florida Public Pension Trustees Association) meeting and is one step away from being a
Certified Pension Trustee.
Mr. Frankel stated he had a great time at the Sandoway House.
He stated he attended the Miami Heat game when they played Sacramento
a few weeks ago and the Atlantic High School Color Guard presented the colors. Mr.
Frankel stated it is great that they have taken the initiative and are traveling to Miami
representing the city.
Mr. Frankel stated he and Commissioner Gray attended the Voter's
Coalition Dinner and they recognized Palm Beach County Commissioners Shelley Vana,
Steve Abrams, and Priscilla Taylor.
Lastly, Mr. Frankel stated he will see everyone at the tennis event.
13.0.5. Mayor McDuffie
Mayor McDuffie stated the Garlic Fest was wonderful. He stated he
received accolades from Nancy Stewart and Bern Ryan regarding Phase I of the Old
School Square Park and how orderly it was and how much easier it was to put on the
event.
Secondly, Mayor McDuffie stated he enjoyed the Sandoway House event.
Lastly, Mayor McDuffie congratulated Commissioner Gray on her re-
election.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 8:19 p.m.
City Clerk
ATT (4
MAYO
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on February 16, 2010, which Minutes were formally approved and adopted by the City
Commission on March 2, 2010
pm
02/16/10
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
27
02/16/10
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
TM re�,��
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This in lieu parking fee request has come before the City Commission on
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the in lieu parking fee request for the
Atlantic Ocean Club. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsection I.
11 r! VA.; 1919 1 K 0 A I M 0 N
. mortrAllp
Does the In Lieu Parking Fee request for eleven spaces meet the requirements of LDR
Section 4.6.9(E)(3) and the conditions, if any, listed below?
That 11 spaces be provided offsite. a
Yes ✓ No
3. The City Commission has applied the Comprehensive Plan and finds that
its determinations set forth in this Order are consistent with the Comprehensive Plan
and Land Development Regulations.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
1
City Commission Meeting on February 16, 2010; Item 9.A.
0
L
5. Based on the entire record before it, the City Commission approves ✓
denies the in lieu parking fee request as set forth above.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 16th day of February, 2010, by a vote of 5 in favor and 0
reTaTS767 M-4.
JQ;U � flv�-
A I I-UiT' Nelson S. McDuffie,
Chevelle Nubin, City Clerk
2
City Commission Meeting on February 16,2010; Item 9.A.
I
1900:14imo BUN
1 . This is an appeal of the January 27, 2010 decision by the Site Plan
Review and Appearance Board ("SPRAB")'s action requesting that the rear handicap
parking space be converted into a loading space for Caf6 Mola, which came before the
City Commission at its meeting on February 16, 2010.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the SPRAB decision
regarding CA Mola. All of the evidence is part of the record in this case. Required
findings are made in accordance with Subsection 1.
I. HANDICAP PARKING: Pursuant to LDR Section 4.0.9(C }(1 }(b), special parking
spaces designed for use by the handicapped shall be provided pursuant to the
provisions of Florida Accessibility Code for Building Construction,
The Florida Accessibility Code for Building Construction and Federal ADA
requirements for commercial properties require a number of parking spaces based on
the number of spaces provided in a parking facility. The code requires 1 ADA compliant
space per 25 spaces up to the first 100 spaces, plus an additional space per each 50 up
to 200. The applicant did provide a total of 1 parking space, thereby requiring 1 ADA
compliant space. The parking space has been located at the rear of the structure.
At its meeting of January 27, 2010, the Site Plan Review and Appearance Board
approved a Class III site plan, landscape plan, and architectural elevations associated
with the conversion of a 824 sq. ft. commercial bay to restaurant while attaching as a
condition of approval that the proposed rear handicap parking space be converted into a
loading area.
City Commission Meeting on February 16, 2010; Item 9.B.
Should the condition of approval by SPRAB on January 27, 2010, be
overturned?
Yes ✓ - No
6. Based on the entire record before it, the City Commission approves ✓ V
denies the appeal of SPRAB's January 27, 2010 decision regarding Caf6 Mola.
The City Commission hereby adopts this Order this 16th day of February, 2010,
by a vote of 5 in favor and 0 opposed.
ATTEST-
Nelson S. McDuffie,, Mayor
Chevelle Nubin
City Clerk
2
City Commission Meeting on February 16, 2010; Item 9.B.
HEM
6=11:15=16 moil •
191:4 PLO]• A
.ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR 309 SW 5TH AVENUE
1. This waiver request came before the City Commission on February 16,
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for 309 SW 51'
Avenue. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsection 1.
Pursuant to LDR Section 4.1.4(D) and 4.7.12, lots of record that have at least 40
feet of frontage may be used, as long as the workforce unit meets the typical designs
represented by the sketches set forth in Section 4.7.12 and the additional requirements
of Section 4.1.4(D) as well as other applicable code provisions are met. Under this
section, housing units constructed on 40-foot lots must include rear access via an alley,
if available, and contain certain design features that are prescribed within the language
of the ordinance.
The property submitted for permitting does not meet the requirements specified
under Section 4.1.4(D) and 4.7.12. The unit is designed to have the garage access
from the street; the alley is adjacent and unimproved. The proposed unit to be
constructed is not consistent with the designs and sketches specified in the approved
Workforce Ordinance. The Community Land Trust (CLT) has indicated that the designs
contained within the ordinance substantially increase the cost of the construction,
making the units less affordable.
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving
body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
I
City Commission Meeting on February 16,2010; Item 9.C.
(d) Does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner.
Does the waiver to Section 4.1.4(D) and 4.7.12 to allow garage access
from the front street meet all the requirements of 2.4.7(8)(5)?
Yes V/ No
3. The City Commission has applied the Comprehensive Plan and
LDR requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves ✓
denies the waiver request to LDR Sections 4.1.4(D) and 4.7.12
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 16th day of February, 2010, by a vote of 5 in favor and 0
opposed.
ATTEST- Nelson S. McDuffie, May
Chevelle Nubin, City Clerk
K
City Commission Meeting on February 16, 2010 ; Item 9.0