06-01-10 Regular Meeting MinutesJUNE 1, 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, June 1, 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 Rabbi Greg Kanter with Temple
Sinai.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mr. Eliopoulos requested that Item $.B., Amendment No. 3 to
Downtown Marketing Co-Ouerative Agreement and an Agreement be moved from the
Consent Agenda to the Regular Agenda as Item 9.A.A.
Mr. Eliopoulos moved to approve the Agenda as amended, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -- Yes; Mr.
Frankel -Yes; Mrs. Gray -Yes, Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a S to 0 vote.
5. APPROVAL OF MINUTES:
None.
06/01/10
6. PROCLAMATIONS:
6.A. Recognizing Student Ambassadors: Chelsea Brandt, Sofia
_._.
Ellingsworth, Matthew Feldman,_Matthew Kondziela, Jacqueline Lowell, Danielle
Trubow and Robert Weil
Mayor McDuffie read and presented a proclamation hereby recognizing
Chelsea Brandt, Sophia Ellingsworth, Matthew Feldman, Matthew Kondziela,
Jacqueline Lowell, Danielle Trnbow, and Robert Weil as Student Ambassadors
representing the City of Delray Beach and the Student Bodies of Atlantic High School,
American Heritage School and Boca Raton High School. David Schmidt came forward
to accept the proclamation and gave a few brief comments.
ar s an ecrea#~on Month J ,,, .,_
' - my 2010
Mayor McDuffie read and presented a proclamation hereby proclaiming
July 2010 as Parks and Recreation Month. Linda Karch, Director of Parks and
Recreation, 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. REVISION TO THE GRANT AWARD/FLORIDA DEPARTMENT
OF TRANSPORTATION DOT /AGGRESSIVE DRIVING: Accept a revision to
the grant award from the Florida Department of Transportation (FDOT) in the amount of
$25,000.00 far implementation of an aggressive driving/speed enforcement program.
8.5. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
B.C. SPECIAL EVENT RE VEST/4th OF JULY
FESTIVITIES: Approve a special event request far the nth of July Festivities, including
granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic
Avenue from the east side of N.E./S.E. 7th Avenue to Ocean Boulevard, and from the
south side of Thomas Street to the north side of Miramar on Ocean Boulevard from 2:00
p.m. to midnight; to waive Code of Ordinances Sections 101.25 "Commercial
Enterprises" and 101.32 "Assemblies" to allow assembly on the beach and vendors; to
allow all beach parking lots to remain open until approximatelymidnight; and to approve
staff support for security and traffic control, street barricading: and banner hanging, new
large stage and half of small stage set up and use, EMS support, use of City generator,
signage, and clean up and trash removal.
2
06/01/10
8.D. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period May 24, 2010 through May 28, 2010.
S.E. AWARD OF BIDS AND CONTRACTS:
1. Contract award in the amount of $55,810.00 to Johnson-Davis, Inc.
T for emergency repair of the aerial Force Main Grassing at Lift
Station 50 located along Lowson Blvd, west of Congress Avenue.
Funding is available from 442-5178-536-63.51 (W & S Renewal &
Replacement Fund: Improvements Other/Sewer Mains}.
2. Purchase award in the amount of $52,833.65 to DGG Taser to
replace seventy-five (75} Tasers. Funding is available from 115-
2112-521-49.90 (Special Projects Fund: Other Current Charges).
Mr. Fxankel moved to approve the Consent Agenda as amended, seconded
by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs.
Gray -Yes; Mayor McDuff e -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said
motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A.A. AMENDMENT NO. 3 TO DOWNTOWN MARKETING CO-
OPERATIVE AGREEMENT AND AN AGREEMENT: Approve Amendment No. 3
to the old Downtown Marketing Cooperative Agreement which terminates the agreement
and approve a new Downtown Marketing Cooperative Agreement, subject to the
respective Boards of the Downtown Marketing Cooperative members.
Robert A. Barcinski, Assistant City Manager, stated this item is approval
of Amendment No. 3 to the Downtown Marketing Co-Operative (DMC} Agreement
terminating that agreement anal requesting approval of a new agreement far the
Downtown Marketing Cooperative subject to approval of a new agreement for the
Downtown Marketing Co-Operative subject to approval by the respective Boards
(Chamber of Commerce, Downtown Development Authority, the Community
Redevelopment Agency as well as the City). Mr. Barcinski stated the City Attorney
worked on this with input from Board members as well as staff. He stated at their
meeting last week, the DMC voted unanimously to recommend approval to their
respective Boards.
Mr. Eliopoulos stated at the last meeting Mayor McDuffie brought up the
restructuring of the DDA and he would like to sure that each group is clearly defined in
what they are doing and they are still all working as partners.
3
06/01/10
Mr. Fetzer concurs with comments expressed by Commissioner
Eliapoulos and stated we need to redefine the role of the DDA and this needs to stay on
the front burner.
Mrs. Gray stated with the new DMC have all the players been brought up
to speed with the fees that they are supposed to be paying. Mr. Barcinski stated they
have agreed to go to a fiscal year budget from a calendar year. The CRA and the
Chamber have agreed to continue their funding through September and everyone ..will
look at it with the new budget year. Mrs. Gray stated there were issues as to whether the
DDA is up to speed with what they are supposed to be paying and asked if that has
happened. Mr. Barcinski stated at this point the City has no formal commitment from the
DDA to finish out this year.
Mr. Frankel asked if the DDA will be a party to this or nat.
Mayor McDuffie stated at the DMC meeting the DDA Director said he
wanted to make certain that his organization got along and that everything went well and
invited the Commission and asked anyone who would like to come sit with Mr. Lzstick
for one-on-one conversation if necessary.
Mr. Eliopaulos moved to approve Item 9.A.A. {formerly )[tern 8.B.),
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.A. WAIVER REQUESTS/TEMPORARY PARKING LOT/PALM
BEACH COUNTY TAX COLLECTOR/DMV RENOVATION: Consider a request
for a temporary parking Iot and associated waivers for the Palm Beach County Tax
CollectarlDMV Renovation located at 451 & 511 South Congress Avenue. (Quasi-
JudiciaCHearing)
Mayor McDuffie read the City of Delray Beach procedures for aQuasi-
Judicial Hearing into the record for this item and all subsequent Quasi-Judicial Hearings.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, A1CP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2010-131 into the record.
Mr. Dorling stated this is for approval of a temporary parking Iot and
associated waivers for renovations that will occur on the Palm Beach County Tax
Collector's Department of Motox Vehicle building on 4511511 South Congress Avenue.
4
05/01/10
He stated the Department of Motor Vehicles has offices throughout Palm Beach County
but the only affxce they have in the South County area is located at Military Trail. This
facility is scheduled to close and the County is looking to locate something in the South
County area and is proposing to relocate that office into the Palm Beach County Tax
Collector's building. Mr. Dorling stated while they have enough parking on-site to meet
the Code this is expected to generate a much higher parking demand and they are
proposing at this time to do a temporary parking lot on the vacant parcel to the east of
that building and that vacant parcel was part a redevelopment initiative that the City was
going to be working with the County on. Mr. Dorling stated this on the back burner and
ante the economy recovers it is expected to be initiated in about five years. He stated
this request is to utilize that area for this tempoxary parking lot until such time that
redevelopment moves forward. Mr. Dorling stated the temporary parking lot
requirements do not require internal parking landscape areas but they do require some
perimeter landscape areas which are being proposed as part of this plan. He stated this
does meet the technical requirements of the LDRs. Mr. Darling stated they are going to
require the removal of two trees and the Cade allows that and allows them to mitigate
that by paying an in-lieu fee based upon the caliper of the tree and that is a conditional of
approval. Ha stated it will also require three waivers; one to permit the temporary
parking lot to be constructed outside the boundaries where such use are currently
allowed. Staff recommends approval of the temporary use for the parking lot as well as
the three waivers.
Andre Wolf Director of Facilities Develo meat O erations for Palm
Beach County, stated she and two representatives from the County are present to answer
any questions the Commission may have.
There was na cross-examination or rebuttal.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver requests, to please came forward at this time. There
being no one from the public who would like to address the Commission regarding the
waiver requests, the public hearing was closed.
Mr. Eliopoulas asked who will actually review lighting. Mr. Dorling
stated staff will be doing all the review of that for the actual final permit. Mr. Eliopoulos
asked if the trees are nice trees. Ms. Wolf stated they would like to replace the trees
rather than pay a fee.
Mr. Frankel asked if this means there is a commitment from the County
that the DMV office will be open for five years. Ms. Wolf stated the Board was upset
about the lack of timefrarne that it received when the State decided to close its office.
Ms. Wolf stated she believes the commitment is there to continue it because the Board
felt very strongly that these services needed to be provided and reiterated that this in no
way will be inconsistent with the redevelopment plan.
06/01/10
Mr. Frankel moved to approve the temporary parking lot, 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.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings of 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. Eliopoulos -Yes;
Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said
motion passed with a 5 to 0 vote.
9.B. CONDITIONAL _USE REQUEST/DELRAY SCRAP
RECYCLING: Consider a conditional use re uest to allow
q establishment of a scrap
metal recycling facility far Delray Scrap Recycling to be contained in a completely
enclosed building, within Bays 11 and 12 of the Linton Centex industrial complex,
located east of I-95 at the intersection of Poinsettia Drive and Tangelo Terrace. (Quasi-
Judicial Hearing)
Chevelle D. Nubia, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2010-113 into the record.
Mr. Dorling stated this is a conditional use request to establish a scrap
metal recycling storage facility to be known as Delray Scrap Recyclin~. He stated this
same property owner was before the Commission for a site north of 10 Street and there
were some issues of how it was going to function with regard to circulation. Mr. Dorling
stated they went back and looked far another site. He stated this site has some large
industrial buildings on it and the proposal is fox two bays on the north end of the most
western building. In addition, Mr. Dorling stated there is same ability to stack a parking
Lane along the north portion of that building and that is one of the conditions if they
should have some overflow situations.
At its meeting of May 17, 2010, the Planning and Zoning Board
considered this and recommended approval with a 6 to 0 vote. Mr. Dorling stated
required findings are made in the staff report and staff recommends approval of this site
at this time.
6
06/01/10
Jason Mankoff Michael Weiner & Associates 10 S.E. lst Avenue
Delray_ Beach,_ FL 3344, stated this is not the same property owner but the same
proposed tenant looking at different property. Mr. Mankoff stated they feel this is a
better location for everyone and they are not on the right-of--way. He stated the issues
that the Commission and staff had are no longer an issue because they are naw in an
industrial area up against 1-95. Mr. Mankoff stated they have resolved all the issues and
accept the conditions of approval and have met the requirements of the conditional use
LDR Section 2.4.5{E}.
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.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings of according to their consensus (attached hereto is a copy and made
an official part of the minutes).
Mrs. Gray moved to adopt the Board Order as presented, seconded by Mr.
Frankel. Upon roll call the Cammission voted as follows: Mr. Fetzer -Yes; Mr. Frankel
- Yes; Mrs. Gray -Yes; Mayor McDuffie -- Yes; Mr. Eliopaulos -Yes. Said motion
passed with a S to 0 vote.
9.C. WAIVER REQUESTSICANNERY ,ROW: Consider again approving
three (3) waivers to Land Development ~~~~~~~Regulatians {LDR) Section
4.6.18(B}(14}(iii){1)(b}, Section 4.6.18(B)(14)(v)(2}, and Section 4.6.18(B)(14}(v}{3),
"Buildings Within the Downtown Area", for Cannery Row, located at the southwest
corner of Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 4th Street. (Quasi-Judicial
Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuff e asked the Commission to disclose their ex pane
communications. Mr. Eliopoulos declared a conflict of interest and stepped down
because his partner is the architect for this project. The rest of the Commission had no ex
parte communications to disclose.
Paul Dorling, AICP, Director of PIanning and Zoning, entered the
Planning and Zoning Department project file #2006-338 into the record.
Mx. Darling stated this item is associated with an approval that was given
on December 13, 2006 for the Cannery Row project. He stated these three waivers came
before the Cammission on January 2, 200' and approved them at that time. Mr. Darling
stated that applicant built one of the buildings and then stopped construction because of
7
06/01/10
the economy. He stated that did not meet the 25% vesting of the site plan and there was
some confusion about when that site plan expired and it did expire on December 13,
200$. Mr. Dorling stated the applicant came back through the process and recently
received site plan approval for the same project again to resurrect his approvals and the
associated waivers are before the City Commission for re-approval as well associated
with that prior project. He stated the project has not changed in any way but is
reaffirming action that the Commission took on January 2, 2007. Mr. Dorling stated
those waivers relate to three items: (1) the requirement that balconies need to be greater
than 15% of exterior walls, (2) a requirement that the project have a maximum of four
primary colors, and (3) a requirement that you do not locate air conditioners in the front
yard. The elevations were found to be in proportion and there was not an issue with the
relationship of the sizes of some of those balconies on just a couple of the units. Mr.
Dorling stated they requested nine primary colors and those were approved through all
the Boards as it relates to the design guidelines and they were found to be preferable to
the maximum of four. He stated with respect to the air conditioning units, they were
located on the roofs and size of building wherever possible; however, given this type of
development there was a need for some of those air conditioning units to be located in the
front but screened with appropriate landscaping. Mr. Dorling state the required f ndings
to approve these waivers were made and staff recommends approval at this time.
No applicant was present.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver requests, to please come forward at this time. There
being no one from the public who wished to address the Commission regarding the
waiver requests, the public hearing was closed.
Mrs. Gray asked if we will be moving forward with the construction. Mr.
Dorling stated his understanding is that they have processed a minor modification for the
recreation building and they are going to move forward and at least in the short term
construction the recreation building. Mr. Dorling stated he is not sure about the balance
of the project because he believes that financing is still a challenge.
Mayor McDuffie asked if the additional construction will get them to the
25% threshold, Mr. Dorling stated he does not believe so.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings of 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: Mr. Frankel -Yes; Mrs.
Gray -Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0
vote.
8
OG/01/10
9.D. AMENDMENT TO AN IN-LIEU OF PARKING
AGREEMENT/ATLANT_IC__ OCEAN CLUB (F/KIA BOB'S FAMOUS
BAR): Consider modifying a condition of approval for off-site parking spaces
associated with the in-lieu parking spaces provided to reduce on-site spaces from eleven
(11) to eight ($) far Atlantic Ocean Club (flkla Bob's Famous Bar) located at 217-
219 East Atlantic Avenue. {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. Mr. Frankel stated he spoke with Bob Currie. Mrs. Gray had no ex
parte communications to disclose. Mayor McDuffie stated he had a meeting with Bob
Currie. Mr. Eliopoulos stated he spoke with Bob Currie. Mr. Fetzer stated he had a
meeting with Bob Currie who is the architect for the applicant and spoke in favor of the
change that has been recommended by the Parking Management Advisory Board
(PMAB).
Scott Aronson, Parking Management Specialist, entered the Planning and
Zoning Department project file #2010-041 into the record.
Mr. Aronson stated Atlantic Ocean Club located at 217-219 East Atlantic
Avenue was approved for 11 in-lieu of parking spaces for some conversions and changes
of use within the property. He stated the applicant during those deliberations offered off-
site parking at 150 N.E. Ist Avenue, located at the southwest corner of N.E. 15` Avenue
and N.E. 2"~ Street. The subject property for the parking lot is the Old School Square
Historic Arts District which does not allow stand alone parking lots. Review of the
proposed site plan found that the provision of the 11 spaces in addition to the 2 spaces
required for the single-family residence would require the applicant to seek relief to
various requirements, primarily associated with the location of the spaces (front yard) and
their impact of the overall site design. Therefore, the applicant requests that the
agreement be amended to reduce the amount of required off-site parking spaces from 11
to $. Mr. Aronson stated it is noted S of the 10 spaces would be for the Atlantic Ocean
Club and two spaces would be dedicated to the residential unit on the site. Staff
recommends that the Commission approve the in-lieu of parking agreement by reducing
the amount of off-site parking spaces to be provided from 11 to S.
At its meeting of May 25, 2010, the Parking Management Advisory Board
considered the request and recommended approval to reduce the amount of off site
parking spaces provided from 11 to 8 subject to the construction of 5 on-street spaces as
illustrated in Site Plan "B". Staff recommends approval of the applicant's request.
Jess Sowards Architect with Currie Sowards A uila Archi#ects stated
he attended the Parking Management Advisory Board meeting and the Board had a
unanimous decision to recommend approval. Mr. Sowards stated as Mr. Aronson said
they are required to have 11 spaces and are providing $ on-site and they are also
9
06/01/10
providing an additional 5 on-street for public use.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the amendment to an in-lieu of parking agreement far Atlantic
Ocean Club, to please come forward at this time. There being no one from the public
who wished to address the Commission regarding the amendment to an in-lieu of parking
agreement for Atlantic Ocean Club, the public heaxing was closed.
There was no cross-examination or rebuttal.
Mr. Eliopoulos stated it appears like it is going to have two units; one
upstairs and one downstairs and wants to ensure that there is adequate parking. Mr.
Sowards stated it is a two-story single family residence.
Mr. Fetzer commended staff and the applicant for working together on
this.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings of 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, 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.
Mr. Frankel moved to amend the in-lieu fee agreement to reduce the
condition from 11 off-site parking spaces to 8 off-site parking spaces, 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.
At this point, the time being 6:45 p.m., the Commission moved to Item
11, Comments and Inquiries from the City Manager and the Public.
11.A. Ci Mana er's res onse to rior ublic comments and in uiries.
Doug Smith, Assistant City Manager, stated at the previous zx~eeting Ms.
Moody expressed concern over the cemetery gate in need of repair and that was fixed last
Friday.
Secondly, Mr. Smith stated Ms. Moody's other concern had to da with the
property located at S.W. 8`~' Avenue {Carver Square area} and she asked about a report
that we were waiting to receive regarding that property. Mr. Smith stated this was in
follow-up to a previous letter that the City Manager had sent to Ms. Moody in March
which indicated that there was study work being done and a final clearance was needed
10
06/01/10
from the Department of Environmental Protection (DEP) for this property. He stated the
soil test was completed but there was ground water testing still being worked on and a
meeting was to take place in April. Mr. Smith stated the meeting between DEP and the
Community Redevelopment Agency {CRA} did not take place. Mr. Smith stated the City
received an update from the CRA that they are awaiting a consultant report and once they
receive that they will be able to provide that to DEP. Mr. Smith stated at that point we
will be awaiting final clearance from DEP to begin the construction there.
11.8. From the Public.
11.B.1. Dr. Victor Kirson 2050 Alta Meadows Lane #2110 Delra Beach FL
33~44.._(President of the Board of Directors at Tierra_Verde at Delray Beach), stated
according to an article in the Sun-Sentinel the decl
ine in value in the properties in Delray
Beach was 13% and noted that the City is looking at a $6 million shortfall to make up.
Dr. Kirson suggested that the Commission consent to $3 million from Reserves because
he feels it is going to be very difficult to obtain the other $3 million. Dr. Kirson stated he
attends the Financial Review Board meetings and they are spending numerous hours to
came up with reductions and new policies. Dr. Kirson stated that at one of their meetings
County Commissioner Burt Aaronson stated that he took from $125 million down to $75
million in their reserves in order to meet expenses.
Readings.
At this point, the time being 6:51 p.m., the Commission moved to First
12. FIRST READINGS:
12.A. ORDINANCE NO. 14-10: Consider approval of Ordinance No. 14-10
amending Section 110.15, "Local Business Tax Schedule", of the Code of Ordinances in
order to provide for an increase in rates. If passed, a public hearing will be held on June
1 S, 2010.
The caption of Ordinance No. 14-10 is as follows:
office.)
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 110, "LOCAL BUSINESS
TAXES GENERALLY" BY AMENDING SECTION
110.15, "LOCAL BUSINESS TAX SCHEDULE" OF THE
CITY CODE OF ORDINANCES IN ORDER TO
PROVIDE FOR AN INCREASE IN RATES;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 14-10 is on file in the City Clerk's
The City Attorney read the caption of ordinance.
11
06/01/10
Al Berg, Assistant Director of Community Improvement, stated this
ordinance proposed to increase the business tax by 5% and noted the last time this fee
was increased was in 200$. Mr. Bexg stated staff is predicting about $33,500.00 in
additional revenue if this is approved.
Mr. Frankel moved to approve Ordinance No. 14-10 on First Reading,
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.
At this point, the time being 6:53 p.m., the Commission took a short break.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 10-10 FIRST READING/FIRST PUBLIC
HEARING): Providing for the acceptance of the resurvey report of Old School Square
Historic District including extending the Period of Significance to 1955 and reclassifying
13 properties from non-contributing to contributing. If passed, a second reading second
public hearing will be scheduled for June 15, 2410.
The caption of Ordinance No. 10-10 is as follows:
office.)
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PROVIDING
FOR THE ACCEPTANCE OF THE RESURVEY REPORT
OF OLD SCHOOL SQUARE HISTORIC DISTRICT
INCLUDING EXTENDING THE PERIOD OF
SIGNIFICANCE TO 1965 AND RECLASSIFYING 13
PROPERTIES FROM NON-CONTRIBUTING TO
CONTRIBUTING, PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance Na. 10-10 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A first reading/first
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 is
consideration of Ordinance No. 10-10 which accepts the recommendations of the Old
12
06/01/10
School Square Historic District resurvey report including expansion of the Period of
Significance (POS) to 1965, and reclassification of 13 properties from non-contributing
to contributing. Mr. Daxling stated this came out of the survey that was done between
July 2008 and January 2009 where surveyed properties were surveyed for all of the
districts with the exception of the Marina District which was done earlier and all the
properties that were developed at least 3S years or more were looked at with respect to
whether they should be contributing or non-contributing. On February 10, 2009, the final
report was reviewed by the City Commission. He stated the other three districts, the
Period of Significance extensions, and property reclassifications have occurred and this is
the remaining district. Mr. Dorling stated the Commission saw this in late 2009 as part of
Ordinance No. 16-2009 and at that time there were 23 properties proposed to be
reclassified from non-contributing to contributing. He stated that failed on second
reading and the direction from the Commission at that time was that we ga and
individually pull each property owner that would be impacted by these reclassifications.
Mr. Dorling stated staff held a formal notice workshop on December 2, 2009 with the
Historic Preservation Board (HPB) which talked about the benefits of being a historically
designated property, In February 2010, a certified mailing was sent to the 23 property
owners and allowed the residents to apt out of the reclassification and 10 properties did
not support this reclassification and those properties are not part of what is before the
Commission now. Mr. Dorling stated the 13 properties that now remain are part of this
ordinance that is before the Commission.
At its meeting of May S, 2010, the Historic Preservation Board {HPB)
reviewed Ordinance No. 10-10 and voted S to 0 in favor. Ordinance No. 10-10 provides
for the reclassification of 13 of the 23 properties originally included in Ordinance No. 16-
09. The Pineapple Grove Main Street Committee {PGMS) reviewed Ordinance No. 16-
09 at its April 1, 2009 meeting where a recommendation of approval was made. The
Downtown Development Authority (DDA) reviewed Ordinance No. 16-49 at its April 13,
2009 meeting where a recommendation of approval was made with the condition that
those property owners who would like to maintain their classification as non-contributing
be granted that request. The Community Redevelopment Agency (CRA) reviewed
Ordinance No. 16-09 at its April 16, 2009 meeting where a recommendation of approval
was made with the condition that those property owners who would like to maintain their
Classification as non-contributing be granted that request. Mr. Dorling stated this
ordinance would meet those Boards recommendations as well as the Commission's
direction in November. He stated in the report there were also two other
recommendations; one of those was to seek a national register designation far the district
and the additional recommendation was also to extend the district to two blocks to the
south. Mr. Dorling reiterated that this is a reclassification of the 13 properties as
recommended in the resurvey.
Mayor McDuffie declared the public hearing open.
Che 1 Abramson 21 N,W. 2~'d Street Delra Beach FL 33444
property owner who opted out, asked if this ordinance is primarily to change the Period
13
06/01/10
of Significance. Mr. Dorling stated the ordinance changes the Period of Significance
which initiates the reclassification. Ms. Abramson asked if there is anything in the
ordinance that in the future if property owners do not want to be considered historic or
contributing or that the City would have to get the consent of property owners to be
considered historic or contributing. Ms. Abramson stated since the City is going to try
and get a national designation as well and noted the intent in national designation is
always that the property owners have the first right to either asked to become contributing
or historic but if they do not want to be they are never dictated that they need to be. She
suggested that this be part of the ordinance.
The City Attorney stated the City cannot put anything Ms. Abramson
suggested in the ordinance because that would be binding the future Commission a
possible decision. Furthermore, the City Attorney stated the City cannot put something
in the ordinance that would prohibit the Commission from voting on something in the
future such as looking at whether or not they want to look at properties and consider
properties going from non-contributing to contributing. Ms. Abramson stated she meant
following the intent of the national guidelines that you need the expressed consent of
property owners to have a designation change.
Mr. Dorling stated that would be a public hearing and would come before
the Boards and that survey is going to recommend based upon what is appropriate to be
historic. He stated it is not going to take any of these other issues into account. The City
Commission has the ability to modify that and it is going to be heard through a public
hearing and that would 6e appropriate venue; however, it is not appropriate in this
ordinance because this ordinance is dealing with these 13 properties at this time.
Susan Murakami, 32G N.E. 15~_Avenue,,Delray Beach, FL 33444, asked
what is significant about this era up to 19b5. Mrs. Murakami stated if the City decides
that this Period of Significance is significant then their houses are in jeopardy again.
Brief discussion followed between Mrs. Murakami and staff.
Donald Murakami 326 N.E, lst Avenue Delra Beach FL 33444
thanked Mayor McDuffie and the Commission for allowing them to be designated at this
time and as they improve the property they hope to do so to the credit of the historic
district.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 10-10, the public hearing was closed.
Mr. Eliopoulos stated we are falling in a period where the economy has
been such where properties have not been selling the way they were. He stated typically
historic districts bald their value and they bring up the value and does not believe it is a
hardship. Mr. Eliopoulos stated when you buy into a historic district you buy into it. He
stated he likes the ordinance the way it is.
14
06/01/10
Mr. Frankel stated he spoke to one of the property owners across from Old
School Square and by turning him into a historic building he could not do any
improvements and that is why he did not want to be a part of it. Mr. Frankel stated he
does not like to tell people what to do if they do not want to be a part of it.
Mr. Eliopoulos stated then these people should not buy in a historic
district. He stated the City is trying to preserve the historic district and stated he would
much rather work on a historic home as opposed to a brand new house because there is
you can come out with great projects and there is great flexibility with the historic
districts.
Mrs. Gray stated when the City extended the five years Period of
Significance with people moving into the district how would people know. She asked
how the City lets people know that they are in a historic district. Mr. Eliopoulos stated
you are already in the district and it is just whether your house is of that age yet. Mr.
Eliopoulos stated you cannot build in front of the primary structure but the Murakazxa.i
smallest structure is their only structure and feels their situation is unique. Mr.
Eliopoulos stated the City has signs posted and most realtors know where the historic
districts are and refer them to the City's Historic Preservationist.
Mr. Fetzer stated the real estate cornrnunity has a responsibility to make
buyers aware of where they are buying. He stated he is satisfied with the ordinance.
Mayor McDuffie stated the period of due diligence on the City's behalf is
five years that the City has been trying to get reclassifications of the surveys of all the
districts done and try to do well by all the citizens and all the historic districts in the City
of Delray Beach. He stated he does not think you ever do anything that is absolutely
perfect to every property that is in these districts. Mayor McDuffie stated he concurs that
the Murakami situation is unique; however, the City has to write ordinances for the
majority and not far one person. He stated five years from now if it is still a hardship for
the Murakami that whoever is sitting on the dais at that time will recognize that five years
from now and will take a look at hardships as they arise.
The City Attorney stated pursuant to the LDRs if someone objects on one
of these hearings where the City is reclassifying property it takes a super majority vote
(four votes).
Mr. Eliopoulos moved to approve Ordinance No. 10-10 on First
Reading/First Public Hearing, 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.
IO.B. RESOLUTION NO. 31-101CONTRACT FOR SALE AND
PURCHASEILOLA JONES/11$ S.W. 6th STREET: Consider approval of Resolution
No. 31-10, a Contract for Sale and Purchase between the City and Lola Jones for the
15
06/01/10
property located at 118 S.W. 6th Street in the amount of $82,500.00. Funding is available
from 441-5161-536-61.10 (Water & Sewer Fund: Land/Land Acquisition Cost}.
office.)
The caption of Resolution No. 31-10 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO ACQUIRE CERTAIN
REAL PROPERTY 1N PALM BEACH COUNTY,
FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE
CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE
FROM LOLA JONES, SELLER, TO THE CITY OF
DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 31-10 is on file in the City Clerk's
The City Attorney read the caption of the resolution. A public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter of the City of Delray Beach, Florida.
Richard Hasko, Director of Environmental Services, stated this is a request
to consider the purchase of a single family property on S.W. 6th Street. The parcel abuts
the Environmental Services compound to the east of the Water Treatment Plant. Mr.
Hasko stated staff had an appraisal done on this site. The appraisal. indicated a price
range from a low of $62,000.00 to a high of $$2,500.00 with the estimated market value
of at the mid range of $75,000.00. Mr. Hasko stated it has been a goal of staffs to
expand the Environmental Services complex whenever they had the opportunity. He
stated this block on S.W. 6th Street is the only area they have to ga. Mr. Hasko stated
they did acquire a couple of lots years ago where they built the chemical storage building
an the southeast corner. Mr. Hasko stated the construction crew is staged in a vexy small
area just on the other side of the fence from the parking lot in front of the administration
building between a couple of tanks. He stated that as well as future planning needs fox
the different activities that staff anticipates staff is looking to expand the area of the
compound in that direction. Mr. Hasko stated it this will start to move the adjacent
residential lots fizrther away from the chemical storage building.
Mr. Eliopoulos stated when he was reading the material he felt this was
going to create a better buffer far the residents but unfortunately he does not see that an
the aerial. Mr. Eliopoulas stated this actually looks like we are going further into the
residential neighborhood. Mr. Hasko stated as he would anticipate as the future needs of
that compound at some point in time the rest of the block will probably require
acquisition by the City. He stated staff keeps looking around this area and this is the only
place they have to expand. Mr. Hasko stated years ago the City looked at a property
16
06/01/10
across the street from it (on the north side of the street) and at that time people were
happy and the price was ridiculous so the City was not able to deal with that particular
homeowner at that time. Mr. Hasko stated staff is trying to look at these areas and pick
there up as they become available where it will accommodate the City in the future.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 31-10,
the public hearing was closed.
Mr. Frankel moved to approve Resolution No. 31-10, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -
Yes; Mayor McDuffie -Yes; Mr. Eliopaulos -Yes; Mr. Fetzer -Yes. Said motion
passed with a 5 to 0 vote.
At this point, the time being 7:3fi p.m., the Commission 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
Doug Smith, Assistant City Manager, had no comments and inquiries on
non-agenda items.
13.B. City Attorney
The City Attorney had no comments and inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mr. Fetzer
Mr. Fetzer had na comments and inquiries on non-agenda items...
13.C.2. Mr. Eliopoulos
Mr. Eliopoulos stated he had a great weekend and it is good to see
evexyone.
13.C.3. Mrs. Gray
Mrs. Gray stated she attended the Palm Beach County League of Cities
Luncheon last week and it was a wonderful program.
Secondly, Mrs. Gray stated she also attended the Delray American Little
League Friendship Tournament this past weekend at Pompey Park.
17
06/01/10
__
Mrs. Gray stated she went to the Soccer Complex today to see the new turf
being laid. She stated this is almost completed and it is very exciting.
Lastly, Mrs. Gray stated on S.W. 1St Street in-between S.W. 4th Avenue
and S.W. 5~' Avenue there are no sidewalks and asked if staff could look into getting
sidewalks in this area.
13.C.4. Mr. Frankel
Mr. Frankel stated he had every intention of attending the Chamber of
Commerce Luncheon for Congressman Klein today and apologized to Mr. Malone far
not attending because he was called for jury duty.
Secondly, Mr. Frankel stated he is hosting an event for the Delray Beach
Library on June 10, 2010 from 6:00-9:00 p.m. at Tryst Restaurant.
13.C.5. Mayor McDufiie
Mayor McDuffie stated the keynote speaker at the Palm Beach County
League of Cities Luncheon had one mission for everyone and that is to build sidewalks.
He stated it was a very good dinner.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 7:3 8 p.m.
r
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 June 1, 2010 which Minutes were formally approved and adopted by the City
Commission on .Tune 15,, 2010.
18
06/01/10
~•
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.
19
46/01/10
a
FC3RM 86 MEMQRANDUM CaF VQTIN~ GOIVFLICT FQR
GQUNTY IVIUNICIPAL AND t]THER LOCAL PUBLIC QFFICERS
LAST NAME-FIRST NAME-M3p17LE NAME NAME OF BOARD, COUNCIL, GDAIIMISSIDN, AUTHORITY, Ort COMMIT fEE
i~liopoulos, Ca Delra Beach CitC Cmm~niss3an
MAILING AOARE55 THE 80ARD, COUNCIL, COMMISSION, AUTHORITY OR CpMMITTEE ON
205 Gear a Bush Boulevard wircH I st~RVe Is A uN1T pF;
GrrY COUNTY CITY ^COUNTY apTHERLOGALAGENCY
3lelray BeaCix
Florida 33444 Palm Beach NAME Dr POUTIGAL SUt3pIVISIpN:
, Beach
O~ Belra
~~~
y
y
DATE ON VN-IIChI VOTE OCGURREA MY PoslrloN ts;
.Ttlrie 1, 201Q ~ ELEC3IVE ^ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local [eves of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
con#lict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the iaw when faced with voiing on a measure in which you have a conflict of interest will vary greatly depending
an whether you hold an elective ar appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 9'12.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other focal public office fNUST ABSTAIN from voting vn a measure which
inures to his or her special private gain ar loss. Each elected or appointed local ofFcer also is prohibited from knowingly voting an a mea-
surewhich inures to the special gain or loss of a principal (other ttlan a govemment agency) 4y whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); tv the special private gain or loss of a relative; or
to the speciai private gain or lass of a business associate. Gvmrnissioners of community redevelopment agencies under Sen_ 163.356 ar
163.357, F.S., and officers of independent special tax disiricts elected on a one-acre, one-vote basis are net prohibited from voting in that
capacity.
For purposes a# this law, a "relaiive" Includes only the officer's tallier, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-iaw, sonan-iaw, and daughier-in-law. A "business assnniate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, faint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
era poi listed on any national or regional stock exchange).
* • ~ ~ * 'k ~ • w ~ * * R * • t
EI_EGTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflici:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your in#erest in the measure-on which you
ate abstaining from voting; and
WITHIN 151]AYS AFTER 7HE VDTE OCCUR5 by completing and filing this farm with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
R * • ,k k' * ~ R ~ ~t d * k it * R
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you oihenuise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influepce the decision, whether oralEy or in writing and whether made
by you or at your direction.
IF YDU iNTENI} TO MAKE ANY ATTEMPT TO INFLUENCE THE bECfSlON PRIOR TO THE MEETING AT WHJCH THE VOTE WELL BE
TAKEN:
• You must complete and file this farm (before making apy attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who wpl IncorparatE the farm in the minutes. (Continued on other side)
i
CE FARM 8B - EFL. il2000 Ii:em ~. Ci " PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the farm must be provided immediately to the other members of the agency. '
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally tha nature of your oanfiict in the measure before participating.
• You must complete the form and file it within 9~ days alter the vote occurs with th'e parson responsible for recording the minutes of the
meeting, wha must incorporate the form ]n the minutes. A copy of tha fom~ must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE 01= LOCAL OFFICER'S INTEREST
l Gary P. L~li.opoulos , herFaby disclose that on .Tine 1 , 20 1D
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
~ Inured io the special gain or loss of my business associate,
inured to the special gain or loss ofi my relative, _
inured to the special gain or loss of by
whom I am retained; or
inured to tits special gain ar loss of ,which
is tho parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Cannery Raw Project.
_ Jung l,, 2020
Date Filed ~~~~~
!NOTICE: UNDER PROVISIONS OF FLORIDA STATUT1rS §912.397, A FAILURE TO MAKE ANY RECtU1RED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDt1CT10N IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO E7CCEEl7 $9~,Dt)0.
GE FORM 8B - EFF. 1lZppp PAGE 2