03-01-11 Regular MeetingMARCH 1, 2011
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, March 1, 2011.
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
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Greg Fitch, Chief
Chaplain for the Delray Beach Police and Fire - Rescue Department.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor McDuffie stated there is updated information for Item 9.B., Final
Subdivision Plat Annroval/CDS Delrav Redevelopment (Atlantic Plaza H) and Item
9.C., Grant Agreement/Palm Beach County /Expanding and Preserving Our
Cultural Heritage, Inc. (EPOCH) /C. Spencer Pompey Amphitheater. Also, Mayor
McDuffie stated with regard to Item 9.C., there is an error in paragraph 4 under
background, it should read "The City's funds would have to be obligated in the
2011/2012 Capital Improvement Plan (CiP), making them available on October 1,
2011."
Mr. Frankel moved to approve the Agenda, 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.
5. _ APPROVAL OF MINUTES:
Mr. Eliopoulos moved to approve the Minutes of the Workshop Meeting
of February 8, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie -- Yes; Mr. Eliopoulos —
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Yes; Mr. Fetzer — Yes. Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to approve the Minutes of the Regular Meeting of
February 15, 2011, 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.
6. PROCLAMATIONS:
6.A. Recognize Church of the Palms 50a' Year Anniversary — March 5,
2011
Mayor McDufiie read and presented a proclamation hereby proclaiming
March 5, 2011 as Church of the Palms Day. Reverend Dr. Roger P. Richardson carne
forward to accept the proclamation and gave a few brief comments.
6.11. All People's Day ® — March 22, 2011
Mayor McDuffie read and presented a proclamation hereby proclaiming
March 22, 2011 as All People's Day. Susan Berkowitz Schwartz thanked the
Commission and invited them to the All People's Day Diversity Festival on March 27,
2011 at Pompey Park.
At this point, the City Manager introduced the new Finance Director
David Boyd.
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval.
S.A. REQUEST FOR SIDEWALK DEFERRAL/921 SOUTH OCEAN
BOULEVARD: Approve a request to defer the installation of a sidewalk along Ocean
Boulevard for the property located at 921 South Ocean Boulevard.
S.B. RESOLUTION NO. 09 -I1: Approve Resolution No. 09 -11 to
support continuance of the prescription drug monitoring program authorized by Section
893.055 of the Florida Statutes.
The caption of Resolution No. 09 -11 is as follows:
A RESOLUTION SUPPORTING THE CONTINUANCE
OF THE PRESCRIPTION DRUG MONITORING
PROGRAM IMPLEMENTED IN SECTION 893.055,
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FLORIDA STATUTES; PROVIDING FOR AN
EFFECTIVE DATE.
(The official copy of Resolution No. 09 -11 is on file in the City Clerk's
office.)
8.C. AMENDMENT NO. 1 TO THE ACQUISITION
AGREEMENT/PUBLIC SERVICE CORPORATION /CRYWOLF ALARM
SOFTWARE: Approve Amendment No. 1 to the Acquisition Agreement with Public
Safety Corporation (PSC) for the CryWolf alarm software providing for reductions to
software licensing costs.
8.D. AMENDMENT NO. 2 TO THE AGREEMENT /SUNGARD: Approve
Amendment No. 2 to the Agreement with SunGard Public Sector, Inc. in the amount of
$34,300.00 for a public safety software system to add purchase of CryWolf alarm
software and FireHouse Inspection iPad module. Funding is available from 334 -2111-
521 -66.10 (General Construction Fund: Books/Publications /Software).
8.E. TRIPARTITE INTERLOCAL AGREEMENT BETWEEN CITY OF
DELRAY_ _BEACH, PALM BEACH COUNTY SCHOOL DISTRICT AND
ACHIEVEMENT CENTERS FOR CIHLDREN AND FAMILIES: Approve an
Interlocal Agreement between the City of Delray Beach, Palm Beach County School
District and the Achievement Centers for Children and Families for shared use of the
Village Academy facilities.
8.F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period February 14, 2011 through February 25, 2011.
8.G. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Duval Ford in the amount of $149,112.00 for the
purchase of six (6) Ford Crown Victoria Police Interceptors
pursuant to Florida Sheriffs Association Contract # 10 -18 -0907.
Funding is available from 501 - 3312 - 591 -64.20 (Garage Fund:
Machinery /Equipment/Automotive).
2. Purchase award to Emergency Vehicle Supply in the amount of
$61,314.36 for the installation and complete set up of six (6) Police
Cruisers. Funding is available from 501 - 3312 - 591 -64.20 (Garage
Fund: Machinery /Equipment/Automotive).
3. Bid award to Intercounty Engineering Corporation in the amount
of $1,408,505.93 for construction of the Area IIB Reclaimed
Water System Project. Funding is available from 441- 5181 -536-
65.96 (Water and Sewer Fund: Other Improvements /Reclaim
Water Transmission), 448 - 5461 -538 -63.90 (Storm Water Utility
Fund: Improvements Other /Other Improvements) and 442 -5178-
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536 -6390 (Water & Sewer Renewal & Replacement Fund:
Improvements Other /Other Improvements).
4. Purchase award to Pierce Manufacturing, Inc. in the amount of
$547,724.29 after pre - payment discount utilizing the Florida
Sheriffs Association Bid# 10 -09 -0907, Specification #15 for one
(1) Pierce Velocity HDR Pumper. Funding is available from 501-
3312- 591 -64.25 (Garage Fund: Machinery/Equipment/Heavy
Equipment).
Mr. Frankel moved to approve the Consent Agenda, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr.
Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion
passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT
WITH PROFESSIONAL FIREFIGHTERS/PARAMFDICS OF PALM BEACH
COUNTY, INC. IAFF LOCAL 2928: Consider ratification of the Collective
Bargaining Agreement with Professional Firefighters /Paramedics of Palm Beach County,
Inc. IAFF Local 2928.
Bruce Koeser, Director of Human Resources, stated the labor agreement is
a three year agreement with the Professional Firefighters Paramedics of Palm Beach
County, IAFF Local 2928, Inc. The union ratified this agreement and the amended 2008-
2011 labor agreement because there are some changes that are going to take effect right
now. The agreement duration is from October 1, 2011- September 30, 2014, and provides
changes in the following areas: (1) provides for a wage freeze for three years with a re-
opener in years two and three; (2) eliminates two paid holidays; (3) the employee
contribution to the Delray Beach Police and Fire Retirement System will increase by
three percent (3 %). A re- opener in year two would allow negotiation of pension benefit
changes for employees hired after October 1, 2012. In addition, Mr. Koeser stated
regarding the Retiree Health Insurance Fund (VEBA), it changes the 3.3% payroll
contribution that the City currently makes to a contribution covering current retirees
which is approximately 1 -1.2 %. Mr. Koeser thanked the union's leadership and staff
recommends ratification of the Collective Bargaining Agreement with the Professional
Firefighters /Paramedics of Palm Beach County, Local 2928, IAFF, Inc.
Mr. Eliopoulos extended his gratitude to the union and the Fire- Rescue
Department. He stated this was a major step in the right direction to help the City get
back on track.
Mr. Fetzer extended his gratitude and stated he appreciates the cooperation
with the Fire union. He stated these are not easy times for anyone and for us to seek
compromise on some of these issues are very admirable.
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Mrs. Gray thanked staff because when they started this the Commission
said that everyone would have to participate and everyone is doing that.
Mr. Frankel thanked Mr. Tabeek, Mr. Koeser, and the new counsel and
extended kudos to everyone. Mr. Frankel pointed out that this agreement is for three
years.
Mayor McDuffie thanked Mr. Tabeek, the Fire - Rescue Department, Mr.
Koeser, staff, and the new counsel. Mayor McDuffie thanked everyone for recognizing
that we did have a monetary problem and stated we still have another negotiation to go.
Mr. Frankel moved to approve the ratification of the Collective Bargaining
Agreement with Professional Firefighters/Paramedics of Palm Beach County, Inc., IAFF
Local 2928, 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.B. FINAL SUBDIVSION PLAT APPROVAL /CDS DELRAY
REDEVELOPMENT ATLANTIC PLAZA : Consider approval of the final plat
for an 8.65 acre mixed -use development known as CDS Delray Redevelopment (Atlantic
Plaza II ), located north of East Atlantic Avenue, between N.E. 6th Avenue and Veterans
Park.
Paul Dorling, Director of Planning and Zoning, stated this is approval of a
preliminary plat and certification of a final plat for an 8.65 acre proposed mixed -use
redevelopment project to be platted as "CDS Delray Redevelopment" also known as
Atlantic Plaza. On December 8, 2008, the City Commission reviewed a conditional use
application for Atlantic Plaza 11. On February 17, 2009, the City Commission also
approved some subsequent abandonments and realignments of N.E. 7th Avenue. On
March 11, 2009, the Site Plan Review and Appearance Board approved a Class V site
plan for Atlantic Plaza II, containing 98,765 square feet of retail floor area, 32,921 square
feet of restaurant floor area, 106,006 square feet of office floor area, and 197 dwelling
units. The proposal also included a total of 1,059 parking spaces, provided via sub -grade
parking, an above -grade parking garage, parallel on- street parking, and individual two car
garages for the townhomes. Staff recommends approval.
At its meeting of March 15, 2010, the Planning and Zoning Board made a
recommendation of approval to the City Commission for the combined preliminary /final
plat for "The Village at Atlantic Plaza ", now known as "CDS Delray Redevelopment ".
At its meeting of March 15, 2010, the Planning and Zoning Board made a
recommendation of approval to the City Commission for the combined preliminary /final
plat for "The Villages at Atlantic Plaza ", now known as "CDS Delray Redevelopment ".
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The proposed plat consists of 6 tracts with 3 tracts (Tracts A, B, and C)
corresponding to the 3 development parcels, two tracts (Tracts D and E) for private
streets with public ingress /egress easements and one is an additional dedication along
West Atlantic Avenue.
Mr. Eliopoulos moved to approve the final subdivision plat for CDS
Delray Redevelopment (Atlantic Plaza IT), 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.C. GRANT AGREEMENT/PALM BEACH COUNTY/EXPANDING
AND PRESERVING OUR CULTURAL HERITAGE, INC. (EPOCHU C.
SPENCER POMPEY AMPHITHEATER: Consider approval of a Grant Agreement
between Palm Beach County, the City, and EPOCH; and a commitment to provide
supplemental funding in the amount of $310,000.00 for redesign and construction of the
proposed C. Spencer Pompey Amphitheater on the Spady Cultural Heritage Museum
grounds. Funding to be programmed in the 2011/2012 Capital improvement Plan.
Richard Hasko, Director of Environmental Services, stated this is a request
for the Commission to consider approval of a tripartite agreement for a $250,000.00 grant
between Palm Beach County, Expanding and Preserving Our Cultural Heritage, lnc.
(EPOCH), and the City of Delray Beach to provide partial funding for the C. Spencer
Pompey Amphitheater on the Spady Museum grounds. Also, for the balance of the
funding, there is a request for City participation in the amount of $310,000.00 and to help
offset that, there is also a request for direction to approach the Community
Redevelopment Agency (CRA) for a contribution of half that amount. Mr. Hasko stated
the agreement is a 30 year term and there is language in the agreement that states that in
the event that EPOCH fails to maintain or does not provide public access for its intended
use of the amphitheater at any point in time if we terminate the agreement then that
responsibility inherits to the City. Mr. Hasko stated this is a 30 year term; however, the
City's lease with EPOCH only has 20 years left on it. The City Attorney stated staff will
bring this back to the Commission at the next meeting and suggested that the
Commission extend that term so both agreements match.
Mr. Eliopoulos expressed concern when the Commission is asked to direct
the CRA to contribute and/or give money. Mr. Eliopoulos stated he has tried to be
consistent with every organization especially the non - profits and believes we need to be
looking at where the money is going and at becoming more sustainable.
Daisv Fulton. Executive Director of the Soadv Museum, thanked the
Commission for their ongoing support and recognized the EPOCH Board members. Ms.
Fulton stated the last two years have been extremely tough financially because of the
economy; however, in their effort to better the times is that they have been given a 1MLS
(Institute of Museum and Library Services) Grant from the Federal Government for
capacity building and with this grant EPOCH is moving forward with the strategic
planning session.
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Mr. Eliopoulos stated he appreciates what Ms. Fulton is saying and doing
and feels if the numbers are increasing then this is what should be documented along with
the programs EPOCH has and what they have done. Mr. Eliopoulos stated this
Commission needs to get educated so that they can educate the public and make this a
stronger commitment. He reiterated that he is looking for all the stats and the future of
how they are doing it. Ms. Fulton stated they are going through an exercise now as to
how they can better report based upon the number of clients and the dollar value to each
client. Ms. Fulton thanked Mr. Hasko and the City staff who has worked with them over
the last several days to try and execute the necessary language that is needed in the
agreement.
Mrs. Gray stated a couple of weeks ago they had to pull up history on one
of the first African - American City Commissioners and Spady Museum had the
information. Mrs. Gray asked Ms. Fulton to explain the amphitheater and how the other
buildings that EPOCH is trying to have built on the campus are going to help EPOCH in
the future as far as income is concerned and more programs. She stated the amphitheater
is part of the growth aspect of the SPADY complex. Ms. Fulton stated it is going to
provide an opportunity for them to increase their number of students. For example, Ms.
Fulton stated next week they are scheduled to have 72 children from Palm Beach County
schools to visit SPADY and they will break them up into groups and they will have
outside activities and events that are centered around the exhibits on display and talks
about the cultural educational aspect of what they do. Ms. Fulton stated that would be a
prime time to have the amphitheater there. She commended the CRA and the City for the
effort of moving forward with the reconstruction of the Munnings /Williams House that is
going to be the housing for the Kids Cultural Club which will be fully utilized; but a
capacity extension of that is going to be the utilization of the amphitheater. Mrs. Gray
thanked Ms. Fulton for having the grant writer continue to look for grants and other
funding opportunities.
Mr. Frankel stated staff's recommendation in the memo states that the City
Commission formally requests that the CRA provide at least half ($155,000.00) of the
additional funds needed. Mr. Hasko stated there have been no formal requests made at
this point; staff has had informal conversation with Ms. Colonna.
Diane Colonna, Executive Director of the CRA, stated this particular
request has not gone to the Board yet and some of the Board's concerns have been in the
past that they want to see Spady succeed and they have been very supportive over time.
The concern is that as they expand what is the plan for funding future operations because
with these expansions there is going to be a need for additional staff because this will be
an additional expense. Ms. Colonna stated the CRA Board has asked the Spady Museum
to do a strategic plan to really lay out what the costs are going to be and what the revenue
sources are projected to be. She stated the process that Ms. Fulton referred to going
through the CRA with the non - profits work is with all the non - profits including Old
School Square, Spady Museum, Community Land Trust (CLT), and the library. The
CRA is working with the consulting firm Non - Profits First which works with United
Way to come up with more specific criteria for providing funding and measuring their
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success in terms of meeting objectives. Ms. Colonna stated the CRA Board has
established that they do not want the CRA funding to comprise more than 25% of an
organization's operating expenses and over the years the CRA funding has been as high
as 75% of the Spady Museum's operating revenues. Ms. Colonna stated the Board would
like the CRA to gradually reduce that contribution for operating expenses which means
they would have to be getting revenue from other sources.
Mrs. Gray asked if she agrees that if they have these buildings in place
that they will be able to offer more programs and be able to receive more dollars that
way. Ms. Colonna stated she understands that is the plan but the CRA has not seen a
forecast of the numbers; however, the intent is to try and increase revenues by having
more activities at the facility. Ms. Colonna stated as Ms. Fulton mentioned Spady just
received another grant that helped this year for the operating revenues.
Mr. Eliopoulos commented about the re- design fee of $50,000.00 and
asked if we have a handle on what we are building. He expressed concern with how the
monies are being spent and who is looking at everything. Mr. Hasko stated staff does not
have a contract for this specific re- design and therefore has not had the opportunity to
discuss the fee structure with the architect and discuss the overall scope. Mr. Hasko
stated based on what was formally proposed they understand the revisions that need to be
made to make it work. Mr. Eliopoulos stated we need to make sure that we make sure
that we get good guidance for EPOCH and professionals that are going to give them
numbers that we can live with.
Clifford Durden 702 East Chatelaine Boulevard Delray Beach FL
33445, stated a couple of months ago EPOCH gave the Commission a report indicating
the strategies and also the ways and means that they were using to substantiate the
financial situation with EPOCH. Mr. Durden stated the Commission seemed to be very
satisfied with that information and that EPOCH was on the right track. He stated what
bothers him is seemingly an underlying concern about whether EPOCH is able to carry
out the functions the way that the Commission sees they ought to after they have
demonstrated that they are capable of doing that.
Mayor McDuffie stated as he understands it to preserve the $250,000.00
the Commission needs to commit to the $310,000.00. Mr. Hasko stated a total of
$310,000.00 must be provided to supplement that. Mayor McDuffie asked when does the
grant expire if the City does not come up with $310,000.00. Mr. Hasko stated the grant
terms require a contract for construction be awarded 12 months from the date of
execution by the County and that the construction is complete and the facility opens for
its intended purpose in 24 months after that date. Mayor McDuffic asked if the contract
has been executed by the County. Mr. Hasko stated the contract has not been executed
by the County. Mayor McDuffie expressed concern that there is $250,000.00 in grant
money that is sitting there with an expiration date and if the City does not move on this
very quickly that we could lose that money. In addition, Mayor McDuffie expressed
concern about the fact that we are looking at $310,000.00 which represents about half of
what we negotiated with the Fire - Rescue Department in savings. He stated there is also
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concern on behalf of the CRA for their $155,000.00 and believes it is all contingent upon
a business plan. Mayor McDuffie stated he would like to see the business plan and many
of things that were mentioned by the CRA.
Ms. Fulton stated this bond referendum and facility bond that EPOCH was
honored with was in 2002. From 2002 until October of this past year, the County has
been working with EPOCH to ensure that they are in a position to execute the
$250,000.00. Ms. Fulton stated they have been extremely patient with them to go
through the process and was excited about the fact that the City was making strong
considerations as far as moving forward the $310,000.00 and $250,000.00 to guarantee.
She stated what she has done in working with their existing architect was to ensure that
whatever amount of dollars is needed in order to construct this new construction of the C.
Spencer Pompey amphitheater that they cannot exceed one penny over the $560,000.00
for the project.
Mrs. Gray stated one of the County Commissioners contacted her to ask
her about this project and they are waiting to get a response for the City and making sure
that the City is going to be moving forward. Mrs. Gray stated as Ms. Fulton stated they
are looking to give the dollars to someone else if something is not decided soon.
Mayor McDuffie stated typically the City gets a date on a grant that says if
you do not do this by this time you are going to lose this grant not something that says
hurry up because we are not going to hold it much longer. Mayor McDuffic reiterated
that he does not understand why we do not have a date certain from the County that says
this grant is good for this period of time and if you do not achieve these goals by that
period of time then we are going to take the grant away from you. Mr. Hasko stated the
original $250,000.00 grant expired in October 2010 and at the time the County would
have been within their rights to reallocate that money to other requesters. However, Mr.
Hasko stated they have been working with EPOCH since before that time to try and bring
the project to a point where the required funding would come together. Mr. Hasko stated
EPOCH has been working with the County to re- establish the grant so that baseline that
dictates what those timeframes are would start when it goes back to the County and they
approve it and from that point it is a two -year period the first year of which the City
would have to have the contract for construction awarded and then the second year of
which we would have to have construction built.
Mayor McDuffie stated if the Commission approves this tonight they have
approved the fact that the City is going to spend $310,000.00. If the Commission
approves this at such time that the consulting work is done and the business plan is done,
Ms. Colonna has indicated that the CRA may kick in $155,000.00 or half of that;
however, the City does not have any assurance of that tonight. Mayor McDuffie asked
how much time does the City need to allot for the consulting work and the business plan
to get done so that at such time the City has information that satisfies the requirements of
the CRA and information that satisfies the City that the business plan is there and the
revenue streams are there to support it.
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Mark Reingold, 107 MacFarIane Drive #204, Delray Beach, FL 33483
(EPOCH Board member), stated the property is City owned and whatever
improvements are made on that property will belong to the City and is managed by the
Spady Museum. Mr. Reingold stated the County bond was given to EPOCH so they
must be the party to the agreement to produce the $250,000.00 that is sitting there waiting
to be spent. However, Mr. Reingold stated EPOCH does not have to be the party that
puts this deal together; EPOCH can stick to the business of running a museum and
programs.
Mayor McDuffie stated ownership is not the issue but from what he sees
there is a good plan sitting there and all the City is asking is to bring the results that they
get from working the plan back to the City so that everyone has the information to base
spending the money. Mayor McDuffie stated he would love to see this built and supports
the project.
Mr. Frankel stated he needs to see more information.
Mrs. Gray asked when the strategic planning will begin. Ms. Fulton stated
the strategic planning workshops will start next month; however, the consultants work is
not complete until July.
Mr. Fetzer stated he is a strong supporter of EPOCH; however, there are
some unanswered questions.
Mr. Eliopoulos stated the City needs to have a procedure in place so it
does not appear that the Commission is being selective. He stated this is about being
consistent and being able to say this is why we support something and informing people
to fill out the criteria that staff asks every organization to complete.
Mr. Eliopoulos moved to table this item to March 15, 2011, 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.
At this point, the time being 7:1 b p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 03 -11: Privately initiated rezoning from Agricultural
(A) District to Professional and Office (POD) District for a 2.09. acre vacant parcel of
land located on the north side of West Atlantic Avenue, west of High Point Boulevard
and the Delray Garden Center. (Quasi- Judicial Hearing)
The caption of Ordinance No. 03 -11 is as follows:
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED AGRICULTURAL (A) DISTRICT TO
PROFESSIONAL AND OFFICE (POD) DISTRICT;
SAID LAND BEING A PARCEL LOCATED ON THE
NORTH SIDE OF WEST ATLANTIC AVENUE
APPROXIMATELY 360 FEET WEST OF HIGH
POINT BOULEVARD, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP
OF DELRAY BEACH, FLORIDA, OCTOBER 2009 ";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 03 -11 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
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 he is a patient of Dr. Craig Spodak and spoke to
him. Mr. Eliopoulos, Mrs. Gray, Mayor McDuffie, and Mr. Fetzer had no ex parte
communications to disclose.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file x#2011 -035 into the record.
Mr. Dorling stated this is a privately sponsored rezoning from Agricultural
(A) District to Professional and Office (POD) District for a 2.09 acre vacant parcel of
land located on the north side of West Atlantic Avenue, west of High Point Boulevard
and the Delray Garden Center. Mr. Dorling stated this is the new location of Spodak
Dental office building.
At its meeting of January 24, 2011, the Planning and Zoning Board held a
public hearing and no one from the public spoke and the Board recommended 4 to 0 in
favor.
At its meeting of February 15, 2011 (first reading), the City Commission
recommended approval.
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Michael Weiner, Weiner & Lynne, P.A., 10 S.E. 1st Avenue, Delray
Beach, FL 33444, speaking on behalf of the applicant, this rezoning meets the Code for
the City of Delray Beach as well as the Comprehensive Plan with respect to a rezoning.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission, the public hearing was closed.
There was no rebuttal or cross - examination.
Mr. Eliopoulos moved to adopt Ordinance No. 03 -I1 on Second and
FINAL Reading, 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.
At this point, Mr. Weiner complimented Estelio Breto, Paul Doriing, and
Ashlee Vargo who did a nice job on moving this forward and making something happen
on Atlantic Avenue in Delray Beach.
At this point, the City Commission moved to Item 11, Comments and
Inquiries on Non - Agenda items from the Public Immediately Following Public
Hearings.
11.A. City Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
inquiries.
11.B. From the Public.
11.13.1. Marie Victorin, 5195 -I West Atlantic Avenue, Delray Beach,_FL
33484, owner of
Magic Beauty Hair and Dance d/b /alHair /Spa Dance stated she
submitted a plan for a small business and expressed concern that it took a month to obtain
a permit to open the business.
Mayor McDuffie asked Ms. Victorin if she has applied for a building
permit or a business license. Ms. Victorin stated she already has a business license for
her business at the northwest corner of Atlantic Avenue and Military Trail. Ms. Victorin
stated this building used to be a part of the County but last month she received a letter
from her landlord telling her that the City of Delray Beach now owns the building.
11.13.2. Christina Morrison Pearce, 2000 South Ocean #307,
Delray Beach, FL 33483, distributed the Hometown Connection and referred to the pie
charts regarding where the money comes from and where the money goes. Ms. Pearce
thanked the Commission for doing a wonderful job in keeping the City's expenses low in
this horrible economy. She stated the Parks and Recreation expense has increased yearly
even while we are decreasing expenses for other vital services including public safety. In
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addition, Ms. Pearce stated the 14% of the City budget that we do spend`on Parks and
Recreation does not reflect the loss of real estate tax revenue for these park areas since
these properties are City owned and not tax generating. Ms. Pearce stated now there is a
proposal being circulated for the City and CRA to buy more property along South Federal
Highway for more parks. If this happens this would further shrink the City's tax base
since these valuable properties would no longer be subject to real estate taxes the City's
main source of revenue. Ms. Pearce stated the City needs to be finding new revenues not
shrinking the tax base and increasing the City budget with new parks. Ms. Pearce stated
if the City and/or the CRA have extra funds to buy parks or for new parks she suggested
to spend those funds to beautify and improve our beach area. She stated the beach
residents pay the highest amount of taxes per property in the City and feels the City
should use the ideas that were recently submitted to the City by the Charrette that was
done and really enhance the most valuable park, the beach, instead of spending money to
reduce our tax base and adding more parks.
Mayor McDuffie stated there is a fundraiser at Old School Square on
March 10, 2011 for the Beach Master Plan and the cost is $100.00 a ticket.
At this point, the time being 7:39 p.m., the Commission moved to Item
r 1
9.D. RECONSIDERATION OF CREATIVE CITY COLLABORATIVE
(CCC) REQUEST TO WAIVE COSTS: Decide whether to reconsider a request from
the Creative City Collaborative to waive reimbursement to the City for printing and
mailing costs, estimated to be $4,170.00 for three (3) quarters, to include a solicitation in
utility bills for voluntary donations to cultural programs.
Mr. Eliopoulos stated the way this was presented at the last meeting was
that the Creative City Collaborative (CCC) was not prepared to present last time and they
had additional information that they wanted to bring to the Commission for review again.
The City Attorney stated the way this is presented on the Agenda we are
only dealing with the reconsideration so if that passes tonight then the Commission could
reconsider it at the next Commission meeting.
Mr. Eliopoulos moved to reconsider hearing this request from the Creative
City Collaborative (CCC) to a date certain of March 15, 2011, 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.E. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint one (1) Citizen -at -Large Representative to the Parking Management
Advisory Board to serve an unexpired term ending July 31, 2011. Based upon the rotation
system, the appointment will be made by Commissioner Fetzer (Seat #2).
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Mr. Fetzer moved to appoint Mel Pollack as a Citizen -at -Large
Representative on the Parking Management Advisory Board to serve an unexpired term
ending July 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted
as follows: Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr.
Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote.
9.F. APPOINTMENT TO THE CODE ENFORCEMENT
BOARD: Appoint one (1) regular member to the Code Enforcement Board to serve an
unexpired terra ending January 14, 2012. Based upon the rotation system, the
appointment will be made by Commissioner Gray (Seat #4).
Mrs. Gray moved to reappoint David Boone to the Code Enforcement
Board as a regular member to the Code Enforcement Board to serve an unexpired term
ending January 14, 2012, 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.
At this point, the time being 7:42 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 07 -11: Consider repealing Ordinance No. 40 -10
regarding proposed revisions to the Charter of the City of Delray Beach. If passed, a
public hearing will be held on March 15, 2011.
The caption of Ordinance No. 07-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REPEALING ORDINANCE 40 -10 REGARDING
PROPOSED CHANGES TO THE DELRAY BEACH
CHARTER; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 07 -11 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. The City Attorney
stated the City Commission previously adopted Ordinance No. 40 -10 that dealt with
some changes to the Charter regarding term limits for Commissioners and due to the fact
that the City did not have an election the Commission decided to not have that on the
ballot. The City Attorney stated since that ordinance is out there we need to go ahead and
repeal that and if they want this same issue to be placed on the ballot again then they can
do that in the fall of this year as well.
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Mr. Frankel moved to approve Ordinance No. 07 -11 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer —
Yes; Mr. Frankel — Yes; Mrs. Gray --- Yes; Mayor McDuffic -- Yes; Mr. Eliopoulos --- Yes.
Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 08 -11: Consider approval to amend Chapter 112,
"Alarm Systems ", by amending Sections 112.20, "Application For Alarm Registration;
Reporting Changes To Required Information; Renewal ", and 112.21, "Alarm
Registration Required; Penalty For Failure To Register ", to provide that renewals shall be
filed by May 1 st each year and to clarify registration requirements for fire alarms. If
passed, a public hearing will be held on March 15, 2011.
office.)
The caption of Ordinance No. 08 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 112, "ALARM SYSTEMS ", OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING
SECTIONS 112.20, "APPLICATION FOR ALARM
REGISTRATION; REPORTING CHANGES TO
REQUIRED INFORMATION; RENEWAL" AND
112.21, "ALARM REGISTRATION REQUIRED;
PENALTY FOR FAILURE TO REGISTER" TO
PROVIDE THAT RENEWALS SHALL BE FILED BY
MAY 1 EACH YEAR AND TO CLARIFY
REQUIREMENTS FOR BURGLAR/FIRE ALARMS;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 08 -11 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Lula Butler, Director of Community Improvement, stated on January 4,
2011, the City Commission approved Ordinance No. 44 -10 and this is being brought
before the Commission this evening because the Fire - Rescue Department wanted to
clarify that with regard to fire alarms instead of having to register upon one false alarm
they have to register upon notice from the Fire Department. Secondly, Mrs. Butler stated
the renewal date for this year is changing from March 1St to May 1 St because of the
software delivery and when it is going to be ready. Staff recommends approval of the
amendment to this ordinance.
Mr. Frankel moved to approve Ordinance No. 08 -11 on FIRST Reading,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr.
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Fetzer — Yes. Said motion passed with a 5 to 0 vote.
At this point, 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.
O.A. City Manager
The City Manager stated the Palm Beach County League of Cities met last
Wednesday and he signed an agreement to serve again on the Board if he is nominated
for that as Large City representative. The Nominating Committee is Ken Schultz from
Town of Hypoluxo, Dave Stuart from Town of Lantana, and Carmine Priore from
Wellington. The School District asked for the League to set up an Academic Advisory
Committee and Commissioner Peggy Cook from Marngonia Park was appointed to
represent the League on that Committee. The City Manager stated the next League
Meeting is in Wellington on Wednesday, March 30, 2011.
U.B. City Attorney
The City Attorney had no comments and inquiries on non- agenda items.
13.C. City Commission
U.C.I. Mr. Frankel
Mr. Frankel stated the Tennis Tournament was amazing and the record
attendance was great. He commended Rosanne DeChicchio and Elizabeth Butler stating
they spent countless hours manning the booth. Mr. Frankel stated whoever did the new
television ads for the City of Delray Beach that ran on the tennis channel did a great job
and it was a vast improvement over the ones he saw in previous years.
Secondly, Mr. Frankel asked what the status is with regard to the sidewalk
cafes and noted that some of these sidewalk cafes are overstepping their bounds. He
stated especially on a weekend where there was a lot of pedestrian activity downtown and
it was difficult to maneuver around.
Lastly, Mr. Frankel stated he appreciates the condolences he received
about his grandmother's passing away and apologized for missing the last meeting.
13.C.2. Mrs. Gray
Mrs. Gray stated this morning she attended the Chamber's Breakfast —
"Meet the new Commish" and it was very nice and well attended. She congratulated Mr.
Carney for doing an awesome job with answering some hard questions.
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Secondly, Mrs. Gray stated she attended the Tennis Tournament and it
was great.
Mrs. Gray thanked the Creative City Collaborative (CCC) for their series
on Black History Month this month at the new plaza on S.W. 5t' Avenue and Atlantic
Avenue.
Mrs. Gray stated she attended the Diaspora Awards this weekend given by
Jane Tolliver and noted approximately 500 people were present. She stated the Delray
Beach American Little League was honored along with Jazmin Tolliver from Village
Academy.
Mrs. Gray thanked the City Manager for the blinking lights at Village
Academy.
Lastly, Mrs. Gray asked if there is a reason that the public hearings have to
be held at 7:00 p.m. The City Manager stated prior to 1990 Commission meetings started
at 7:00 p.m. and frequently ran past midnight so when the new Commission was seated in
1990 and set the rules they decided to start the meetings at 6:00 p.m. The City Manager
stated there was a lengthy discussion about whether working people could get here for a
6:00 p.m. hearing. Therefore, the City Manager stated they decided to start the meetings
at 6:00 p.m. but not start public hearings until 7:00 p.m. so that people would have time
to get off work and clean up and get here for the hearing.
The City Attorney stated in order to make a change the Commission
would have to make a change to the local rules. The City Clerk stated the local rules is
an item every year at the Organizational Meeting and this would be the time the
Commission would discuss any changes.
13.C.3. Mr. Eliopoulos
Mr. Eliopoulos concurred with his fellow Commissioners that the Tennis
Tournament was quite successful and the weather was phenomenal. He stated it started
out with the Creative City Collaborative (CCC) Arts Garage Opening at Old School
Square and it was a great turnout.
Secondly, Mr. Eliopoulos commented on the tragedy in Delray Beach
where we lost Sergeant Adam Rosenthal and stated thoughts and prayers are with the
Rosenthal family.
13.C.4. Mr. Fetzer
Mr. Fetzer expressed his condolences to Sergeant Rosenthal's Family.
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13.C.5. Mayor MCDuffie
Mayor McDuffie stated the reception that was held in the new arts garage
for John McEnroe was a tremendous success and the press coverage was amazing this
year. He stated the tennis in the street was a hoot. Mayor McDuffie stated there was a
contingent of people from South America in the stands supporting tennis player Juan
Martin del Potro. Mayor McDuffie stated this is the first time he has seen that level of
support for anyone who has played in the tennis stadium.
Secondly, Mayor McDuffie stated someone complained to him about the
new light that the City erected in front of Worthing Place.
Mayor McDuffie stated the noise issues at Deck 84 have gotten better but
the people at Worthing Place are complaining about the noise from Johnnie Brown's.
The City Manager stated there are four establishments that are causing
problems. He stated Code Enforcement and the Police Department had a meeting
yesterday about how they want to approach them. The City Manager stated they will be
giving out citations and taking some aggressive action to try and to get it solved.
Mayor McDuffie stated this morning there was a complimentary speech
given to Mr. Eliopoulos from DELPAC (Political Action Committee). Mayor McDuffie
stated the Commission is going to hate to see Mr. Eliopoulos go and thanked him for his
service to this community and stated he has done a tremendous job.
Mayor McDuffie stated on Thursday, March 3, 2011, City Oyster will
hold Celebrity Bartending Night from 5:30 -7:30 p.m. to benefit the Juvenile Diabetes
Research Foundation and he will be one of the celebrity bartenders. Mayor McDuffie
stated Mr. Fetzer is doing a fandraiser for CROS Ministries the same evening at Old
School Square.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 7:59 p.m.
\v
City Clerk
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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 March 1, 2011, which Minutes were formally approved and adopted by the City
Commission on March 15, 2011.
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.
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