04-21-11 Regular Mtg MinutesAPRIL 21 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, April 21, 2011.
L Roll call showed:
Present - Commissioner Tone Carney
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
Lanelda D. Gaskins, Deputy City Clerk
2. The opening prayer was delivered by Reverend Nancy Norman with Unity
Church of Delray Beach.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mr. Fetzer requested that Item S.A., Resolution No. 14 -11:
_Abandonment of Rights-of-way/Franklin at Delray Beach be removed from the
Consent Agenda and moved to the Regular Agenda as Item 9.A.A. and Item S.B.,
Waiver Requests/Hyatt Place be removed from the Consent Agenda and moved to the
Regular Agenda as Item 9.A.A.A.
The City Attorney requested that Item 10.C., Ordinance No. 15 -11 be
postponed to a date certain of May 3, 2011.
Mrs. Gray moved to approve the Agenda as amended, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer --- Yes; Mr. Frankel
— Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed
with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. Frankel moved to approve the Minutes of the Regular Meeting of
April 5, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows:
Mr. Frankel — Yes; Mrs. Gray Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr.
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Fetzer -- Yes. Said motion passed with a 5 to 0 vote.
6.
PROCLAMATIONS:
6.A. Municipal Clerk's Week — May 1-7,2011
Mayor McDuffie read and presented a proclamation hereby proclaiming
May 1 -7, 2011 as Municipal Clerk's Week in Delray Beach. Lanelda Gaskins, Deputy
City Clerk, accepted the proclamation.
6.B. National Day of Prayer — May 5, 2011
Mayor McDuffie read a proclamation hereby proclaiming May 5, 2011 as
National Day of Prayer and noted this will be mailed.
7. PRESENTATIONS:
7.A. S.P.LR.I.T. (Service, Performance, Integrity, Responsibility,
Innovation Teamwork ) Committee Quarterly Awards Presentation
D_ anielle Beardsley, Recreation Supervisor 11, presented Priscilla
Patrick, Staff Assistant II /Parks and Recreation Department, with the Quarterly
S.P.I.R.LT. Award. Priscilla Patrick came forward to accept the award.
Linda Karch, Director of Parks and Recreation, stated Priscilla Patrick is a
pleasure to have around and works hard every day.
7.B. Matchpoint Presentation — Mark Baron
Mark Baron, Tournament Director for the Delray Beach
International Tennis Championship and the Tournament Director for the USIA
National Boys' and Girls' 12's Clay Court Championships, stated they are bringing
the first Junior ITF Event to Delray Beach and it will be the Boys' and Girls' 18 and
under consisting of 256 kids to play in Delray Beach for an 8 day event. Mr. Baron
stated there will be approximately 1,000 people coming of which 190 plus other kids are
from out of the country. Mr. Baron presented the City of Delray Beach with a plaque for
the Delray Beach USTA National Boys' and Girls' 12's Clay Court Championships and a
trophy. On behalf of the City of Delray Beach, Mayor McDuffie came forward to accept
the award and thanked Mr. Baron.
7.C. City of Delray Beach Residents Academy Certificates — Janet Meeks
Janet-Meeks, Education & Sign Coordinator, and Mayor McDuffie
presented certificates to the following Residents Academy participants:
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David Armistead
Dan Cavaliere
David Boyd
Alexander C. Christopher
Mimose Christopher
Kathleen Coyle
Nancy Crell
Paula Detwiller
Martha Drescher
George Drescher
Eileen Bushman
Mary Hartman
Janet LaPointe
Jeanne Romer
James Scala
Keith Sweers
Cheryl Wedemeyer
Mabel Wimer
Gerald Weinberg
A participant from the Residents Academy came forward and gave a few
brief comments.
Jeanne Romer, Residents Academy participant, thanked the Commission,
staff and Janet Meeks.
7.D. Dwight Chenette Chief Executive Officer of the Health Care District -
Update
Dwight D. Chenette, Chief Executive Officer of the Health Care
District gave a brief presentation on the Health Care District services. Mr. Chenette
stated they operate six different programs within the community: (1) the Trauma System,
(2) Health Coverage, (3) School Health, (4) Hospital Services, (5) Rehabilitation Skilled
Nursing, and (6) other programs. Mr. Chenette stated this evening they want to recognize
the 20th Anniversary of the Trauma System in Palm Beach County. He stated there are
two Level H Trauma Centers; one is at Delray Medical Center and the other is at St.
Mary's Hospital. Mr. Chenette stated the system through its two trauma centers has
provided critical services to more than 50,000 residents and noted that 3,000 visitors or
residents each year suffer a critical injury that requires the immediate transfer to one of
the two trauma centers. He stated the Trauma System is designed to provide a safe and
rapid transport to access services at one of the trauma centers. Mr. Chenette stated the
system is designed to ensure that the right physician is available as quickly as necessary
to treat that trauma patient. Mr. Chenette stated the goal is to have these trauma patients
return to a normal life through rehabilitation. He stated they offer health coverage
programs that are above Medicaid and people who otherwise would be uninsured may be
able to obtain services and coverage through the Health Care District. He stated all the
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public schools in Palm Beach County are staffed with registered nurses. Mr. Chenette
stated they operate Lakeside Medical Center around Lake Okeechobee and the Edward J.
Healey Rehabilitation and Nursing Center.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.A.1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.A.2. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.A.3. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.
S.C. HOLD HARMLESS AGREEMENT/DELRAY MOTORS, INC.:
Approve a Hold Harmless Agreement with Delray Motors, Inc. to perform work within
the state right -of -way for Delray Chrysler Jeep Dodge located at 2102 South Federal
Highway.
8.D. SERVICE AUTHORIZATION NO. 04- 01.6 /CH2M_HILL, INC.:
Approve Service Authorization No. 04 -01.6 with C142M Hill, Inc. in the amount of
$26,278.00 for professional engineering services relating to modifying the Water
Treatment Plant's (WTP) operating permit to add the Aquifer Storage and Recovery
Well as a water source. Funding is available from 442- 5178 - 536 -31.90 (Water & Sewer
Renewal & Replacement Fund: Professional Services /Other Professional Services).
8.E. AMENDMENT NO. 1 TO THE LEASE AGREEMENT/FIRST
PRESBYTERIAN CHURCH: Approve Amendment No. 1 to the Lease Agreement
with First Presbyterian Church for the Gleason Street Lot Parking License Agreement.
8.F. ENGINEERING SERVICES PROPOSAL /COASTAL PLANNING &
ENGINEERING, INC.: Approve an Engineering Proposal with Coastal Planning &
Engineering, Inc. in an amount not to exceed $249,484.00 to proceed with the final
coastal engineering, permitting, project bidding and environmental services for the fifth
beach renourishment. Funding will be reimbursed from Federal, State, and
County sources. Funding is available from 332 - 4164 -572 -31.30 (Beach Restoration
Fund: Professional Services /Engineering /Architectural).
S.G. STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) AND
COMMUNITY DEVELOPMENT GRANT RANT
(CDBG)IHOUSING
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REHABILITATION GRANT AWARDS: Approve two (2) Housing
Rehabilitation contract awards for 2114 S.W. 12th Court to Cordoba Construction
Company, Inc., in the amount of $34,878.21 and 912 S.W. 3rd Street to Built Solid
Construction, LLC., in the amount of $35,247.99, for housing rehabilitation under the
State Housing Initiative Partnership (SHIP) and Community Development Block Grant
(CDBG) Housing Rehabilitation Program. Funding is available from 118- 1924 -554 -49.19
(Neighborhood Services: Other Current Charges /Housing Rehabilitation) and 118 -1963-
554- 49.19 (Neighborhood Services: Other Current Charges /Housing Rehabilitation.).
8.H. CHANGE TO THE COMMISSION RULES OF PROCEDURE:
Approve a change to the Commission Rules of Procedure setting time limits for
presentations made at workshop meetings.
8.1. RESOLUTION NO. 13 -11: Approve Resolution No. 13 -11 assessing
costs for abatement action required to remove nuisances on 14 properties throughout the
City.
The caption of Resolution No. 13 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO CHAPTER 100 OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 13 -11 is on file in the City Clerk's
office.)
8_J. AMENDMENT NO. 3 TO THE AGREEMENT /SUNGARD PUBLIC
SECTOR, INC.: Approve Amendment No. 3 to the Agreement with SunGard Public
Sector, Inc. for a public safety software system to make various changes to licensing,
training, and maintenance. Funding is available in 334 -2111 -521 -66.10 (General
Construction Fund: Books/Publications /Software).
8.K. AMENDMENT NO. 1 TO THE ACQUISITION AGREEMENT
WITH ACS GOVERNMENT SYSTEMS, INC., FIREHOUSE SOFTWARE:
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Approve Amendment No. 1 to the Acquisition Agreement with ACS Government
Systems, Inc. for Firehouse Software.
S.L. DONATION AGREEMENT/PLUG IN FLORIDA, INC.: Approve a
Donation Agreement with Plug In Florida, Inc. to provide the City with up to six (6)
Electric Vehicle Charging Stations and funding to support installation costs.
8.M. FUNDING REQUEST/PUBLIC ART ADVISORY BOARD:
Approval to send the staff liaison and up to four (4) Public Art Advisory Board Members
to the Florida Public Art Professionals Annual Conference on May 18 -20, 2011 in Palm
Beach County at a cost not to exceed $700.00. Funding is available from 115- 1702 -579-
31.90 (Special Projects Fund: Professional Services /Other Professional Services).
8.N. SPECIAL EVENT REQUEST /ART AND JAZZ ON THE
AVENUE: Approve a special event request to endorse Art and Jazz on the Avenue to he
held on June 23, 2011 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per
LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of
N.E. /S.E. 6th Avenue, Railroad Avenue from Atlantic north to the north side of the
east/west alley, and to the alleys north and south of Atlantic on N.E. /S.E. I st Avenue,
N.E. /S.E. 2nd Avenue, S.E. 3rd Avenue, and N.E. /S.E. 4th Avenue; to authorize staff
support for security and traffic control, banner hanging and removal, barricade set up and
removal, trash removal and clean up and EMS assistance.
8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period April 4, 2011 through April 15, 2011.
8.P. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Rosso Paving & Drainage, Inc. in the amount of
$29,760.00 to replace approximately 2,400 square feet of settled
and deteriorated concrete apparatus apron located on the east side
of Fire Rescue Headquarters. Funding is available from 001 -2311-
522 -46.10 (General Fund: Repair & Maintenance
Services/Building Maintenance).
2. Bid award to Anything- In-Fence in the amount of $15,970.00 for
fencing seven raw water wells at the Delray Beach Municipal Golf
Course for the Raw Water Well Fence Installation Project. Funding
is available from 442 -5178- 536 -68.14 (Water & Sewer Renewal &
Replacement Fund: Improvements Other/Production Well Rehab).
3. Purchase award to Island Air Conditioning in the amount of
$40,935.00 for the replacement of three (3) air conditioning units
at Pompey Park. Funding is available from 334 -4125 -572 -46.10
(General Construction Fund: Repair & Maintenance Services/
Building Maintenance).
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4. Purchase award to multiple vendors in the amount of $619,128.89
for the replacement of twenty -three (23) vehicles. Funding is
available from 501- 3312 -591 -64.20 (Garage Fund:
Machinery/Equipment Automotive).
Mr. Frankel moved to approve the Consent Agenda as amended, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
MCDuffe — Yes; Mr. Carney — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion
passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A.A. RESOLUTION NO. 14 -11: ABANDONMENT OF RIGHTS -OF-
WAY/FRANKLIN AT DELRAY BEACH: Approve Resolution No. 14 -11
abandoning rights-of-way within the Lambert Trailer Court Subdivision in conjunction
with the proposed Franklin at Delray Beach development, located on the west side of
South Federal Highway, approximately 320 feet south of S.E. 10th Street and north of the
Plaza at Delray.
The caption of Resolution No. 14 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF SE 12t` ROAD
AND ANOTHER UNNAMED ROAD, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT
RESERVING AND RETAINING TO THE CITY AN
EASEMENT OVER A PORTION OF THE AREA
THEREOF, AS MORE PARTICULARLY DESCRIBED
HEREIN.
(The official copy of Resolution No. 14 -11 is on file in the City Clerk's
office.)
Paul Dorling, AICP, Director of Planning and Zoning, stated all four items
(9.A.A., 9.A.1, 9.A.2., and 9.A.3.) involve the Franklin Development which is a 180 acre
multi - family development proposed in the location that now is occupied by the Floranda
Mobile Home Park and the executive office building to the north of that. The first item is
an abandonment of rights -of -way that exist today and there are four homes in this vicinity
that are not part of this development and one of the roads provides access to those four
homes. The rights -of -way consist of two parallel roadways which are both 18 feet wide
which are proposed to be abandoned. Mr. Dorling stated there will be a replacement road
that is 50 feet in width that will provide access for those homes. He reiterated that it
would be a 50 foot improved right -of -way with 24 feet of pavement and sidewalks in -lieu
of an 18 foot strip that now provides that access that is unpaved. Mr. Dorling stated the
other part of this agreement is right -of -way dedications along Federal Highway for the
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turn lane and the replacement road. Mr. Dorling stated as part of this there is also an
issue when those are abandoned and when this road gets built we need to make sure that
we continue to have access to those four single family homes. He stated the third part of
this is an easement over the 18 feet that will remain in place until such time that alternate
50 foot strip is developed and a CO is issued to provide that access. Mr. Dorling stated
also over these 18 foot roadways there is corresponding easements for ingress and egress.
Staff has taken into account that the access is provided to these homes while this is
constructed and if this development should not go forward then these abandonments
would not be completed so that access is assured to those homes and once it is developed
it will be a better access then currently exists.
Mr. Fetzer stated he requested to have these items pulled from the Consent
Agenda because he heard from some of the residents in the adjacent area who are
concerned about the abandonment of these easements and how that would affect the
ingress and egress to their properties. He stated he would like to hear what the residents
have to say.
Jeffrey Lynne, Attorney with Weiner & Lynne, P._A., 10 S.E. lit
Avenue, Delray Beach, FL 33444 (speaking on behalf of New Century Executive
Quarters, LLO stated this road which is shell and rock has no real drainage and the
purpose of this project is to take this trailer park and redevelop it for 180 multi - family
residential units to take away the trailer park and the road that has been approved by
SPRAB from a site plan perspective is to significantly provide better ingress and egress
to this neighborhood from a paving, maintenance, and drainage standpoint. Mr. Lynne
stated there is no property that is being taken away from anyone. Mr. Lynne stated they
are requesting to abandon the rights- of-way surrounding those properties and reconnect
the new road to the old roads and in the interim an easement has been granted to the City
for the same roads that are there now. He stated if the new road gets developed then the
easement that they granted goes away because they will have new and better access. Mr.
Lynne stated if it never gets developed then the entire abandonment reverts and we are
back to where we are right now. He stated the residents will have better access and a
paved road that is of sufficient and legal width with drainage, etc. Mr. Lynne stated their
client has spoken with the single resident who has been opposing this and have tried to
work with her at length to accommodate all of her wishes.
Aisha Colon, 307 S.E. 12th Road,_ Delray Beach, FL 33483, stated her
neighbors are also opposed to this and they were not totally aware of all the
complications. Ms. Colon stated this is a road that is deeded to them and does not feel
someone has the right to take property that is hers. She stated they were not willing to
negotiate and come to some kind of an agreement. Ms. Colon stated they are criminal
slum landlords and feels it is appalling that they are allowed to come to the City and build
180 units. Ms. Colon stated she and her neighbors plan to appeal the proposal and they
will be pursuing this legally.
Mr. Lynne stated they have worked closely with the City Attorney's office
developing numerous legal documents to ensure in perpetuity that there is roadway there
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that is previously and always has been dedicated to the public. Mr. Lynne stated they are
asking the City to abandon the right -of -way so they can implement their site plan. He
stated in all instances the homeowners that are there have been secured through the legal
documentation all access rights and noted there is no property being taken away from
them. However, Mr. Lynne stated in the instance that the City should ever be sued they
have also agreed to enter into an indemnification agreement to indemnify and hold the
City harmless in all instances should anyone bring any kind of lawsuit frivolous or not
regarding this road.
Mr. Carney stated the remark was made that these homeowners own this
road. Mr. Lynne stated the plat conveyed properties and the way it was platted is it was
not broken down into lots so the homes that are there are metes and bounds descriptions.
He stated there is an casement that runs across the entire property which has been
dedicated to the public. Mr. Lynne stated they are not touching Ms. Colon's property and
their clients own the property all around it. Mr. Carney inquired if the south 18 feet of
Ms. Colon's property is part of the redevelopment program. Mr. Lynne stated Mr.
Carney is correct that Ms. Colon's property is not part of the redevelopment program and
noted it will go around Ms. Colon's property and she will have access rights onto the
public road and there will be easement rights across that property.
Mayor McDuffie stated they are actually going to go around to the south
of the 18 feet so that these properties will be in tact including what formally was an 18
foot easement.
Mr. Fetzer reiterated that when we have a resident with these kinds of
concerns we need to give them a forum to tell us about it. He stated he drove those two
easements today and they are dirt roads and noted the trailer park that is currently there is
a blighted area. Mr. Fetzer stated this is going to be an improvement to the entire
neighborhood and supports the proposal.
Mrs. Gray stated she has driven this route and saw the dirt road. She is in
favor of this new project and feels it will be great for the City and this neighborhood.
9.A.1. RIGHT -OF -WAY DEED AGREEMENT /FRANKLIN AT DELRAY
BEACH: Approve a right -of -way deed agreement for dedication of a new public road
right-of-way for the proposed development, which will also provide access to four (4)
existing single family homes located on the north side of the Lambert Trailer Court
Subdivision,
Mr. Fetzer moved to approve the right -of -way deed agreement for
Franklin at Delray Beach, seconded by Mr. Frankel. Upon roll call the Commission
voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Fetzer — Yes; Mr.
Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote.
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9.A.2. ACCESS EASEMENT AGREEMENT/FLORANDA MHP
LLC/NEW CENTURY EXECUTIVE QUARTERS, LLC/ FRANKLIN AT
DELRAY BEACH: Approve a temporary Access Easement Agreement with Floranda
MHP, LLC and New Century Executive Quarters, LLC to provide access to four (4)
existing single family homes located on the north side of the Lambert Trailer Court
Subdivision, until a new public roadway is constructed.
Mr. Frankel moved to approve the Access Easement Agreement with
Floranda, MHP, LLC and New Century Executive Quarters, LLC, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Fetzer —
Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed
with a 5 to 0 vote.
9.A.3. INDEMNIFICATION AGREEMENT/FLOR_ANDA MHP,
LLC/NEW CENTURY EXECUTIVE QUARTERS, LLC/FRANKLIN ^ AT
DELRAY BEACH: Approve an Indemnification Agreement with Floranda MHP, LLC
and New Century Executive Quarters, LLC for Franklin at Delray Beach.
Mrs. Gray moved to approve the Indemnification Agreement with
Floranda MHP, LLC and New Century Executive Quarters, LLC for Franklin at Delray
Beach, 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. Carney --
Yes. Said motion passed with a 5 to 0 vote.
Mr. Fetzer moved to approve Resolution No. 14 -11, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray
— Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Fetzer — Yes. Said motion passed
with a 5 to 0 vote.
9.A.A.A. RESOLUTION NO. 15 -11: ABANDONMENT OF EASEMENTS:
FRANKLIN AT DELRAY BEACH: Approve Resolution No. 15 -11 abandoning
easements within the Lambert Trailer Court Subdivision in conjunction with the proposed
Franklin at Delray Beach development, located on the west side of South Federal
Highway, approximately 320 feet south of S.E. 10th Street and north of the Plaza at
Delray.
office.)
The caption of Resolution No. 15 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING EASEMENTS DEDICATED BY
DEED, AS MORE FULLY DESCRIBED IN EXHIBITS
"A" TO "G"
(The official copy of Resolution No. 15 -11 is on file in the City Clerk's
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Mr. Frankel moved to approve Resolution No. 15 -11, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
MCDuffie — Yes; Mr. Carney — Yes; Mr. Fetzer -- Yes; Mr. Frankel — Yes. Said motion
passed with a 5 to 0 vote.
9.A. PROPOSED AMENDMENT NO. 3 TO THE
AGREEMENT/MATCH POINT INC. REGARDING THE ATP CHAMPIONS
TOUR EVENT: Consideration of a proposed Amendment No. 3 to the Agreement with
Match Point, Inc. regarding the ATP Champions Tour Event.
The City Attorney stated the agreement that the City has with Match
Point, Inc. that concerns the ATP Champions Tour Event has a section in it that provides
that if the City did not receive $750,000.00 by April 1, 2011 in sponsorship funding or
naming rights revenues, etc. then the City Commission has the option of stopping the
funding for the Champions Tour Event. However, the City Attorney stated if we do that,
the Commission would need to direct City staff to go ahead and initiate a letter to Match
Point, Inc. for that by May 1, 2011. The City Attorney stated the second option is that no
action be taken and the agreement will continue as is with the various different terms of
the agreement. The term, we are in now will end in 2014 and a new one will start in 2019
and in 2025. The City Attorney stated the third option is Amendment No. 3 and this
provides that the terms that are currently in place as well as the requirement that Match
Point, Inc. provide certain revenues for advertising will be removed. Therefore, the term
of the agreement for the ATP Champions Tour Event will mirror the term for the
Worldwide ATP Tour Event and will expire in 2030. The changes that Amendment No.
3 provides for is there is language that is clarified regarding the televising of the event
and consists of a highlight program and if approved tonight the language will actually
relate back to the 2000 event and the 2011 event because there is language in the
agreement that provides that if they did not televise the Champions Tour Event then there
would be a penalty that they would be paying to the City. There is also language that
clarifies the appearance fees that are paid for the Champions Tour Event and the
Worldwide ATP Tour Event. The amendment states that the City would combine those
two numbers into one number and as long as Match Point, Inc. paid appearance fees that
are greater than the one number then that would be okay. The City Attorney stated
currently unless they pay a base amount for the Worldwide Tour Event and the
Champions Tour Event even though they might pay more for one event they are still not
in compliance. This Amendment would also relate back to the 2010 event and the 2011
event that has just occurred. The City Attorney stated since the term is extended to 2030,
if Match Point, Inc. would default and relocate the Champions Tour Event to another city
within a two year period of the default then they would pay the City of Delray Beach
$1,000,000.00. The City is currently paying Match Point, Inc. $375,000.00 and that
amount would be reduced to $350,000.00.
Mrs. Gray asked about the naming rights and sponsorships. The City
Manager stated the City is still seeking to sell naming rights and sponsorships and the
City has a contract with IMG to do that. The City Manager stated there were several
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large businesses that came to the tournament this year to view it because of potential
interest of becoming sponsors or for naming rights opportunity.
Mr. Carney stated he met with Mr. Baron and feels his plans are great for
the tournament. Mr. Carney stated he was initially concerned with the extension of a
contract for so long a period where there would be no outs for the City. However, Mr.
Carney stated he is interested in Mr. Baron's thoughts regarding the need to have this one
event for this period of time as an opportunity to have other chances to redo the stadium
completely so that it could compete. Mr. Carney stated it is going to be difficult to get
meaningful corporate sponsorships in the facility as is. Mr. Carney stated if you are
going to bring the level of tour champions both on the professional and champion side
this facility needs to be upgraded. Mr. Carney stated he supports Amendment No. 3.
The City Manager stated the economic benefit has been increased greatly
by having the two tournaments together so he supports the Amendment No. 3.
Mr. Fetzer stated he too supports the Amendment No. 3.
Mr. Frankel stated there are certain events that define our city. He stated
this year there was record attendance at the tennis tournament, multiple hours of
international television that said "Delray Beach" and advertisements for the downtown
and other areas. Mr. Frankel supports Amendment No. 3.
Mrs. Gray asked if there is going to be an upgrade to the tennis stadium.
Mr. Baron stated they are not looking for financial support from the City of Delray
Beach. Mr. Baron stated they have been discussing this with the County Commissioners
and hope to bring this stadium to where it needs to be. Mr. Baron stated they are
considering a monthly event bringing 6,000 -7,000 people from all over country and all
this needs to be done via the County. Mr. Baron their new date is 2012 and they are
hoping to grow from 60,000- 100,000 plus people. Mr. Baron stated their hopes are to
bring a basic stadium to showcase the different events that they want in this city and
those two things are skyboxes and a retractable roof.
Mayor MCDuffie stated the entire impact to the City from the tennis
tournaments it is overwhelmingly positive and noted he would love to see a dome
stadium with skyboxes, etc. Mayor McDuffie supports Amendment No. 3 as well.
Mr. Frankel moved to approve Amendment No. 3 to the Agreement with
Match Point, Inc., seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney -- Yes; Mr. Fetzer —Yes;
Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:17 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
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10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 13 -11: Consider a city - initiated amendment to the
Land Development Regulations (LDR) Section 4.6.9(E)(3), "In -Lieu Fee ", modifying the
in -lieu fee assessed within the Pineapple Grove Main Street (expansion) Area.
The caption of Ordinance No. 13 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING ARTICLE 4.6,
"SUPPLEMENTAL DISTRICT REGULATIONS";
SECTION 4.6.9(E)(3), "IN -LIEU FEE ", BY
REPEALING THE "IN -LIEU FEE DISTRICTS"
MAP ATTACHED AT SUBSECTION 4.6.9(E)(3)(b)
AND ENACTING A NEW "IN LIEU FEE
DISTRICTS" MAP IN ORDER TO EXPAND THE
PINEAPPLE GROVE MAIN STREET AREA;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 13 -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.
Paul Dorling, AICP, Director of Planning and Zoning, stated the City
currently allows in -lieu options in the Central Business District (CBD), Central Business
District - Railroad Corridor (CBD -RC), and the Old School Square Historic Arts District
(OSSHAD) Zoning Districts and those are broken into several zones and there is a fee
schedule for each of those.
On June 15, 2010, the City Commission approved a request from the
Pineapple Grove Main Street Board of Directors to modify the Pineapple Grove Main
Street Neighborhood Plan Area to include a neighborhood east of the FEC Railroad as
depicted in Exhibit 1. With expansion of the Plan area, the overall Pineapple Grove Main
Street Neighborhood Plan Area is now located within two in -lieu fee districts i.e. Area 43
(the original Plan Area) and Area #2 (expanded Plan Area). An in -lieu fee of $15,600.00
is assessed for each parking space located within Area #2 while $7,800.00 is assessed for
Area #3. Mr. Dorling stated at this time to expand the benefits that are extended with
Area 43 to this new area for Pineapple Grove and explained that this would be a
modification to the in -lieu map to expand Area 43 to include this new area and diminish
Area #2 to the same degree. Mr. Dorling stated this in -lieu fee is part of the Pineapple
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Grove Main Street area and was instituted to provide additional incentives. Staff feels it
is appropriate to extend that incentive to this new expanded area.
At its meeting of March 21, 2011, the Planning and Zoning Board voted 6
to 0 to recommend approval; at its meeting of March 14, 2011, the Downtown
Development Authority (DDA) unanimously recommended approval; at its meeting of
March 10, 2011, the Community Redevelopment Agency (CRA) recommended approval
of the proposed text change; at its meeting of March 22, 2011, the Parking Management
Advisory Board (PMAB) reviewed the proposed LDR amendment and recommended
approval.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 13 -11,
the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 13 -11 on Second and FINAL
Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows:
Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs.
Gray — Yes. Said motion passed with a S to 0 vote.
10.B. ORDINANCE NO. 14 -11: Consider a city - initiated amendment to the
Land Development Regulations (LDR) Section 7.9.11, "Boatlifts ", to clarify setback
requirements.
The caption of Ordinance No. 14 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING ARTICLE 7.9, "DOCKS,
DOLPHINS, FINGER PIERS, AND BOAT LIFTS ",
SECTION 7.9.11, "STANDARDS FOR
APPROVAL"; TO CLARIFY CURRENT
LANGUAGE REGARDING BOAT LIFTS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 14 -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.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is to
clarify setback provisions regarding boat lifts and associated watercraft. The current
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language states that the boat lift cannot extend any closer than either 10 feet from the
adjacent property line or closer than the building side setback, whichever is greater. Mr.
Dorling stated the intent is to ensure that any vessel utilizing the boat lift does not impact
adjacent properties and /or their rights to have vessels on their properties. He stated as it
is currently written it is possible that a boat lift meeting that 10 foot side setback that
would have a larger vessel centered on the lift could result in a vessel encroaching over
the property line. Mr. Dorling stated this language is to clarify that and to clarify the
position that the setback regulation applies to the boat lift apparatus but the vessel in that
boat lift in its raised position.
At its meeting of March 21, 2011, the Planning and Zoning Board
recommended approval with a 5 to 1 vote.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 14 -11,
the public hearing was closed.
Mr. Carney moved to adopt Ordinance No. 14 -11 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
Carney — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor MCDuffie —
Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 15 -11: Consider amending Chapter 33, "Police and
Fire - Rescue Departments "; Section 33.62, "Benefit Amounts and Eligibility ", Subsection
(E), "Disability Retirement Provisions ", Sub - Subsection (5), "Disability Retirement
Benefits ", to increase the minimum service incurred disability benefit for firefighters; and
amending Section 33.64, "Contributions ", Subsection (A), "Member Contributions ", to
increase member contributions for firefighters.
The caption of Ordinance No. 15 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 33, "POLICE AND FIRE -
RESCUE DEPARTMENTS "; AMENDING SECTION
33.62, "BENEFIT AMOUNTS AND ELIGIBILITY ",
SUBSECTION (E), "DISABILITY RETIREMENT
PROVISIONS ", SUB - SUBSECTION (5), "DISABILITY
RETIREMENT BENEFITS ", TO INCREASE THE
MINIMUM SERVICE INCURRED DISABILITY
BENEFIT FOR FIREFIGHTERS; AMENDING
SECTION 33.64, "CONTRIBUTIONS ", SUBSECTION
(A), "MEMBER CONTRIBUTIONS ", TO INCREASE
MEMBER CONTRIBUTIONS FOR FIREFIGHTERS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
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(The official copy of Ordinance No. 15 -11 is on file in the City Clerk's
office.)
Mr. Frankel moved to postpone Ordinance No. 15 -11 to a date certain of
May 3, 2011, seconded by Mr. Carney. Upon roll call the Commission voted as follows:
Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr.
Carney — Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:23 p.m., the Commission moved back to
Item 9.11. of the Regular Agenda.
9.B. WAIVER_REQUESTS/HYATT PLACE: Consider approval of four (4)
waiver requests to Land Development Regulation (LDR) Section 4.4.13(F)(4)(c),
"Parking Lot Setbacks ", Section 4.4.13.(F)(4)(a)(2), "Hotel Front Setback ",
Section 4.6.9(1))(3)(c)(2), "Stacking Distance" and Section 4.6.9(1))(4)(c), "Maneuvering
Area", associated with a Class IV site plan modification for the Hyatt Place project
located at the intersection of N.E. 1st Street and N.E. 1st Avenue. (Quasi- Judicial
Hearing)
Mayor McDuffie stated if anyone from the public would like to speak on
Item 9.B., 9.C., or 9.D., of the Regular Agenda to please stand and be sworn in by the
Deputy City Clerk.
Lanelda D. Gaskins, CMC, Deputy City Clerk, swore in those individuals
who wished to give testimony on this item.
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.
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 42011 -080 into the record.
Mr. Dorling stated this is consideration of waivers for four (4) specific
sections of the LDRs associated with a Class IV site plan modification for the Hyatt Place
project. He stated at its meeting of April 6, 2011, the Historic Preservation Board (HPB)
and was recommended for approval and included the construction of 134 -room hotel
along Pineapple Grove Way that contains 2,100 square feet of retail, 1,666 square feet of
lounge, meeting rooms, cafe, pool, and gym, a two -story parking facility, along with a
45 -space parking lot along N.E. 1St Avenue as part of Phase L Mr. Dorling stated the first
waiver is to LDR Section 4.4.13(F)(4)(c), which requires a minimum and maximum
building setback and frontages for the phase I parking lot at the northeast corner of N.E.
1St Street and N.E. 1 St Avenue. He stated the second waiver relates to the setback and
there is a hallmark glass feature of the Hyatt Place that will extend into the rights -of -way
and the applicant is asking for relief to that section of the Code to encroach into that
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setback area. Mr. Dorling stated the third waiver relates to a stacking requirement and
there is a stacking requirement between any point where you stop cars to 100 foot
minimum and they are providing approximately 23 feet in this location. There is going to
be an arm to control access to this surface parking lot along I't and it will be accessed off
the alley. Mr. Dorling stated the intent is that anybody checking in would have a room
card and come into this parking lot and then get access to it. He stated the fact that they
are taking that access from an alley and that there should be minimum traffic there given
the staggered times that people check into the hotel staff does not see that as an issue and
support that waiver. Mr. Dorling stated the fourth waiver relates to a required back out
area and there is a required 24 x 6 foot maneuvering area for people to back in and leave.
Mr. Dorling stated these waivers were considered along with the site plan and
recommended for approval unanimously by the Historic Preservation Board. Staff
recommends approval of these waivers.
Mike Covelli, 2295 N.W. Corporate Boulevard, Boca Raton,_ FL
(Applicant), stated he is present for any questions the Commission may have.
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 from the public who wished to address the Commission, the public hearing was
closed.
There was no cross - examination or rebuttal.
For clarification, Mr. Carney asked if the alley is in the center between the
two structures. In response, Mr. Dorling stated this is correct.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Carney moved to adopt the Board Order (approving four waiver
requests), seconded by Mr. Frankel. Upon roll call the Commission voted as follows:
Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mayor McDuffie — Yes;
Mr. Carney — Yes; Mr. Fetzer — Yes. Said motion passed with a 5 to 0 vote.
9.C. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
ACTION: BURGERFI: Consider an appeal of the Site Plan Review and Appearance
Board's decision approving a Class I site plan and architectural elevation change for
Burgerfi located at 6 South Ocean Boulevard. (Quasi- Judicial Hearing)
Lanelda D. Gaskins, CMC, Deputy 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 received a few emails from Fran Marincola and
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had informal discussions about it with the attorney for the applicant. Mrs. Gray stated
she also received emails and a telephone conversation with Fran Marincola who wanted
the opportunity to speak with the applicant. Mayor McDuffie stated he received emails
and had contact with Fran Marincola and spoke to Attorney Michael Weiner who felt that
they had satisfied staff and we would see a good product. Mr. Carney stated he received
emails from Fran Marincola, spoke with Attorney Michael Weiner, and spoke with
several people from the Beach Property Owners' Association (BPOA). Mr. Fetzer stated
he received emails and telephone conversations with Fran Marincola who expressed
concerns over the design.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2011 -099 into the record.
Mr. Dorling stated this is an appeal of the Site Plan Review and
Appearance Board's ( SPRAB) approval of a Class I site plan and architectural elevation
change for Burgerfi Restaurant, located at 6 South Ocean Boulevard. At its meeting of
March 23, 2011, the Site Plan Review and Appearance Board ( SPRAB) considered the
Class I site plan modification and at its meeting of April 5, 2011, SPRAB's action was
appealed by the City Commission at the request of Deputy Vice Mayor Thomas Carney.
Mr. Dorling stated when this went before SPRAB staff had concerns with this
development related to the canopy area that extended north across the property owned by
the City. Staff also had concerns with a feature that was out of scale although SPRAB
did not agree with them. In addition, Mr. Dorling stated staff recommended that the
railing be eliminated; however, SPRAB did not agree and staff had concerns related to
the exposed lights and there were issues on the beach with regard to turtles. Mr. Dorling
stated there is an ordinance that prohibits lights being exposed to the beach. He stated
that was not a condition of the proposal. Mr. Dorling stated after that meeting he met
with the applicant and indicated that there were some issues because these things were
not provided. Mr. Dorling stated people in The New Mammoth Condominium building
along with and the restaurant owner of Cafe Luna Rosa also had similar concerns. The
applicant has worked diligently to address those issues. Mr. Dorling stated those original
conditions that staff wanted SPRAB to do have been agreed to by the applicant.
Michael Weiner, Weiner & Lynne, Attorney with Weiner & Lynne,
P.A. 10 S.E. 1st Avenue Delray Beach FL 33444 stated there were obvious concerns
after the Class I Site Plan was approved by SPRAB. Mr. Weiner stated the site plan has
now been modified with shielded lights, the redesign was reduced by two feet, and the
north canopy is gone. Mr. Weiner stated they went back and added some struts to give
character to the building and further reduced the architectural feature.
Fran Marincola, owner of condominium unit 4B4, 4B3, 4B2, stated he
asked Mr. Weiner to tell them if they agreed to that parapet that all their signs would be
below the roofline. Mr. Marincola stated if we allow the parapet then when they go in for
their signs they can use that parapet to say they can be equal to the parapet. Mr.
Marincola if they put the sign there it would be directly in the eyes of three windows and
four balconies. He stated although this is commercial property they have to take into
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consideration the neighborhood. Mr. Marincola stated this is the only mixed -use
development in Delray Beach and it has been there for 60 years. He wants the applicant
to tell him when they go for the signs they will not use the approved parapet (if approved
tonight) and whatever is on the corner to put signs on.
_Michael Krall, Attorney with Listick & Krall, 190 S.E. 5" Avenue,
Delray Beach, FL 33483, stated the unit owner on the third floor on the south and the
penthouse unit to the north is concerned about what type of lighted sign is going to
eventually appear on that parapet. Mr. Krall entered pictures into the record of the signs
that are on Boston's, Cafe Luna Rosa, and across the street with regards to the existing
pavilion and proposed pavilion.
There being no one else from the public who wished to address the
Commission regarding the appeal, the public hearing was closed.
Mr. Weiner stated both the Boston's sign and the Cafe Luna Rosa sign are
on parapets; there is no measurement from the floor or from the ground to those signs.
He stated on the night that they do signs they do a sign program and they get to measure
the signs altogether and SPRAB gets to measure them altogether and you have the ability
to appeal and a presentation is made that takes into the consideration all of the affects.
Mr. Weiner stated with respect to the condominium it seems to him that the lighted Cafe
Luna Rosa sign which is immediately below one of the balconies has not bothered those
people nor does the second sign which is equal to the ground floor of the second floor of
Boston's ruin that particular condominium. He stated the Commission is going to look at
all the signage in the area, take measurements, there will be a full presentation, and
everyone will be able to look at the colors and other things that are associated with these
signs. Mr. Weiner urged the Commission to look at Mr. Krall's photos of the signs and
take a look at Cafe Luna Rosa's lighted sign immediately below a balcony and on the
appropriate night the Commission will consider whether their sign affects the aesthetics
of the area more than that particular sign does with respect to that condominium.
Mayor McDuffie stated there was a correct assertion made that the
Commission is not present this evening to look at signs.
Mr. Fetzer stated Mr. Marincola raised very valid points and to go through
another SPRAB process for the signage that may or may not have to be appealed, is very
awkward. Mr. Fetzer asked if we have the legal ability to make that a condition of this
approval that there not be signage or lighting above the parapet. The City Attorney stated
because there is a separate process that SPRAB is involved in regarding approval of signs
and that process has not taken place in front of SPRAB yet. The City Attorney suggested
that the Commission does not address signs tonight because it is not part of the matter
that is in front of them. However, the City Attorney stated the Commission will get a
chance to do that if the Commission so desires after it goes to SPRAB. Mr. Fetzer
concurs with the City Attorney's recommendations and stated he objects to any future
submissions to put signage and lighting above the parapet.
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Mr. Carney stated by doing this in a step transaction as long as they are in
compliance with the future regulations on signage the Commission would not be in a
position to object in that case anyway. The City Attorney stated SPRAB will look at
different things even though it is in compliance with the LDRs there is aesthetics, etc.
that SPRAB would look at.
Mayor McDuffie stated the Commission would still get to see this after
signage is approved.
The City Manager stated this would come to the City Commission as an
appealable item.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Frankel moved to adopt the Board Order, seconded by Mrs. Gray.
Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie —
Yes; Mr. Carney — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a
5 to 0 vote.
9.D. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
ACTION: BOSTON'S RESTAURANT: Consider an appeal of the Site Plan Review
and Appearance Board's decision approving a Class II site plan modification and
architectural elevation change for Boston's Restaurant located at 40 South Ocean
Boulevard. (Quasi - Judicial Hearing)
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated at a prior Commission meeting Alice Finst brought
a map and had conversations with the Commission. Mr. Carney stated he spoke with
Alice Finst and received copies of pictures from the architect and had conversations at the
BPOA meeting and spoke with Gary Eliopoulos. Mr. Fetzer stated he spoke with Alice
Finst and Gary Eliopoulos. Also, Mr. Fetzer stated he received a telephone call from
Tom McMurrian but they were not able to speak.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2011 -076 into the record.
Mr. Dorling stated this is an appeal of the Site Plan Review and
Appearance Board's approval of the Class II site plan modification for an architectural
elevation change for Boston's restaurant.
At its meeting of March 23, 2011, the Site Plan Review and Appearance
Board (SPRAB) approved a Class II site plan modification and architectural elevations
without conditions. Mr. Darling stated a local citizen expressed opposition to the
architectural design. The Board then recommended approval with a 4 to 0 vote. At its
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meeting of April 5, 2011, this was appealed by the City Commission.
Bob Currie, Currie Sowards Aquila Architects, 134 N.E. 1St Avenue,
Delray Beach, FL 33444, stated there was some discussion about something else is
appropriate to put there and his client agreed to it. Mr. Currie stated if the Commission
agrees to this would he have to go back to SPRAB.
The City Attorney stated this would not have to go back to SPRAB unless
the Commission directed it to go back to SRAB.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the appeal, to please come forward at this time.
Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, stated this
corner is a destination point and landmark area on our beach. Mrs. Finst suggested
leaving the railing, do the windows and add some more color (blue version) to the
building.
There being no one else from the public who wished to address the
Commission regarding the appeal, the public hearing was closed.
Mr. Currie stated those windows are indeed inside the railing inside the
column and they are not changing the color.
Mr. Carney stated this is a fine improvement and supports this as
presented.
Mr. Fetzer stated this is a very important location our beach area. He
stated he was concerned when he saw the first renderings and was hoping something
more aesthetic could be developed. Mr. Fetzer stated since some changes have been
made from the original approval by SPRAB that the Commission send it back to them to
look at this again before approving it.
second floor.
Mrs. Gray stated she Iikes the new version and what has been done to the
Mr. Frankel supports as presented.
After brief discussion, it was the consensus of the Commission to not send
this back to SPRAB.
Mayor McDuffie stated this is very attractive and supports this as
presented.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
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Mr. Frankel moved to approve the Board Order as presented, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mayor MCDuffie — Yes;
Mr. Carney — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion
passed with a 5 to 0 vote.
9.E. TEMPORARY USE PERMIT/DAUGHTER OF ZION SEVENTH -
DAY ADVENTIST CHURCH: Consider a request for a temporary use permit by
Daughter of Zion Seventh -Day Adventist Church to erect a tent on a vacant block owned
by the Delray Beach Housing Authority (DBHA), located on SW 12th Avenue and 10th
Street, from July 7, 2011 to August 13, 2011 to conduct six (6) weeks of nightly services
from 7 p.m. to 9 p.m. and community outreach programs on Mondays and Wednesdays
from 6 p.m. to 7 p.m.
Lula Butler, Director of Community Improvement, stated this item is a
request from the Daughter of Zion Seventh Day Adventist Church for a temporary use
permit to erect a tent on a vacant lot owned by the Delray Beach Housing Authority
located at S.W. 12th Avenue and 10th Street from July 7, 2011 to August 13, 2011. The
temporary use under the tent is to conduct six (6) weeks of nightly services from 7:00
p.m. to 9:00 p.m. and community outreach programs on Mondays and Wednesdays from
6:00 p.m. to 7:00 p.m. Mrs. Butler stated LDR Section 2.4.6(F) governs temporary use
permits. In the early 1990's, the City Commission delegated the approval of eligible
temporary uses under tents to the Chief Building Official. The City Commission also
directed that such approval should not exceed three (3) days for each permit other than
those associated with seasonal items (i.e. Christmas tree tents). The Daughter of Zion
Seventh -Day Adventist Church is requesting approval of a 40 foot x 80 foot tent with a
stage lighting that would accommodate approximately 200 persons for a six (6) week
period. Mrs. Butler stated they have outlined the topics that they will be discussing with
the community and the parking will be done on this same site. The church is located at
201 N.W. 3d Avenue. Mrs. Butler stated she spoke with Dorothy Ellington and there is a
slight disagreement in what the agreement between the Delray Beach Housing Authority
and the Daughter of Zion Seventh Day Adventist Church was. The agreement specified
that they would be doing outreach services on Monday and Wednesday nights from 6:00-
7:00 p.m. However, Ms. Ellington stated she was not aware that they would be running
weekly nightly services but she does not object if the Commission approves it because
she conditioned her agreement to them based on the City Commission approval. Mrs.
Butler stated LDR Section 2.4.6(F)(2) requires several things for them to complete before
they can approve this: (1) Proof of ability to connect temporary electric services, (2)
Proof of ability to provide toilet facilities for both men and women on the premises,
subject to approval of the Health Department, and (3) how foodstuffs are to be handled.
Staff receives a variety of requests from time -to -time for temporary uses that go beyond
the three (3) day time period.
Mr. Carney stated he can see the benefit to the community of having these
subjects discussed. He expressed concern with the precedent this will set. Mr. Carney
stated these are noble objectives; however, another request may come along with less
noble objectives and he would like to be consistent in the approval process.
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Mr. Frankel asked if this has to be in a tent and are there any alternative
facilities it could be in. Mrs. Butler stated they have a very large facility in town but they
would like to do outreach services to a greater part of the community. Mr. Frankel asked
why the church prefers the tent over an air conditioned indoor facility.
Roland Mark Daullhter of Zion Seventh-Day Adventist Church 201
N.W. 3,d Avenue, Delray Beach, FL 33444, stated they believe in the gospel and when
Jesus was here on earth he spent most of his time in the community taking care of the
needs of the people. Mr. Mark stated they thought of the heat in July; however, they feel
this is just a minute sacrifice.
Mrs. Gray stated she supports the programs that the church would like to
implement; however, she feels that six weeks is a very long time with not knowing who
would be coming in. She expressed concern that because there are so many churches in
Delray Beach that if the Commission approves it for one church then it could set a
precedent. Mrs. Gray stated she is if favor of the outreach program; however, she cannot
support a six week period of time or a tent. Mrs. Archer stated she is concerned with
parking and how the amplified music will affect the neighbors.
P_ astor with the Daughter of Zion Seventh -Day Adventist Church,
stated although this is new to Delray Beach they do this all the time throughout the State
of Florida such as Fort Myers and other areas. He stated the six weeks is so that they can
reach out to the community and it would be a benefit to the City of Delray Beach.
A Representative from the Daughter of Zion Seventh -Day_ Adventist
Church (unknown male), stated it will be a great benefit to the City and the community.
He stated they erected a tent in Pahokee and the Palm Beach County Sheriff's office will
tell the city that the continued service that they provide has reduced the crime level.
Mr. Carney stated these are very noble objectives but he does not want to
be forced into a position where someone else can say you did it for this group but you are
not doing it for us.
Mayor McDuffie expressed concern with moving from three days to six
weeks and the amplified music at night next to a residential neighborhood
Mr. Fetzer stated this is a noble program and asked Mrs. Gray what would
be an appropriate time. Mrs. Gray stated most revivals are for one week. Mr. Fetzer
stated he supports Mrs. Gray's recommendation that this be limited to one week and that
the Commission evaluate the outcome of this.
Mrs. Gray asked what the Delray Beach Housing Authority approved.
Mrs. Butler stated their agreement specifically states that the term of this agreement shall
be as follows: "Thursday, July 7, 2011 through Saturday, August 13, 2011 each Monday
and Wednesday between the hours of 6:00 and 7.00 p.m."
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Mr. Frankel asked Mrs. Butler if staff has discussed this with the
neighbors to ask their opinions on what the feel about a situation like this.
Mayor McDuffie suggested tabling this item to May 3, 2011 until staff
goes out and speaks with the community and police, etc.
Mr. Frankel moved to table this item to the regular meeting of May 3,
2011, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr.
Carney — 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 8:51 p.m., the Commission moved to Item
11, Comments and Inquiries on Non - Agenda Items from the Public and the City
Manager.
11.13. From the Public.
11.13.1. Dr. Josh Smith, 3616 Avenue De Gien, Delray Beach, FL 33445, stated
with regard to the request that the Commission just tabled he is not opposed to that
endeavor but he wonders whether the northwest and the southwest geographical areas of
the city have a monopoly upon having those kinds of endeavors approved by the City
Commission. Dr. Smith stated he hopes the rationale that governs the Commission's
decision with regard to whether they approve these endeavors would be exactly the same
as if the request was being made in the southeast and northeast areas of the city. Also,
Dr. Smith expressed concern that if the Commission is going to deviate from the agenda
to the extent that they have this evening, does this defeat the purpose of having an
agenda.
11.11.2. Alfred Straghn, 26 S.W. 5"' Avenue Delray Beach FL 33444 stated on
March 31, 2011 Reverend Howard Barr sent an invitation to the Mayor and the
Commission to attend their next Village Town meeting scheduled for April 28, 2011.
Mr. Straghn stated the Agenda for this meeting was to have conversation between key
stakeholders of the northwest/southwest community and all the elected officials.
However, Mr. Straghn announced that they will have to withdraw their invitation because
of a scheduling conflict. Mr. Straghn requested that the City Commission schedule a
Workshop Meeting with the Village Elders and local Clergy and the purpose of the
Workshop will be to discuss the following: (1) future development plan for the
northwest/southwest community, (2) future capital improvement plan for the southwest
and northwest community, (3) how major decisions are made for the northwest /southwest
community, (4) effective strategies to deliver information and receive feedback from key
community stakeholders.
Mayor McDuffie explained that the City Commission cannot hold a public
meeting restricted to a specific group. He stated the City Commission can hold a
Workshop Meeting and that will be open to everyone. Also, Mayor McDuffie stated the
Workshop Meeting format does not allow attendees to speak.
24
04/21/11
II.B.3. David Randolph, 105 N.W. llth Avenue, Delray Beach, FL 33444,
expressed concern over the noise that would be generated not only by that church but any
church in the City of Delray Beach is not going to counter the noise that he has to endure
every evening from high speeding ATVs and dirt bikes. He stated he has reported this to
the Police Department and the City does not honor a Chase Order anymore. Mr.
Randolph stated most of these individuals do not live in the City of Delray Beach and
noted they are from Lake Worth, Boynton Beach, and other areas. Mr. Randolph invited
the City Commission to come spend the weekend at his home and see what he is talking
about.
I1.B.4. Chuck Rid1e 210 N.W. 2nd Avenue Delray Beach FL 33444 stated it
is his understanding that a City Commission Workshop Meeting would allow
representatives and the City Commission to discuss a particular topic meaning that if the
Village Elders and a local Clergy was sitting at the table they can engage in direct
conversation with the City Commission and its staff but those members of the public
would not be involved in the conversation. Mayor McDuffie stated if there ' is a
presenting group with a presentation on the Agenda then it is limited to only their
conversation. Mr. Ridley stated they would like to have this conversation so that it could
be limited to Village Elders and Clergy with the elected officials and then at a subsequent
meeting they would like to have a joint conversation with the community. Mr. Ridley
stated it would allow them to vent concerns and have an open and honest dialogue that
would be beneficial for both those who represent and live in a certain area so that there is
no miscommunication.
Mayor McDuffie stated the City Commission voted last week to limit
presentations in Workshop Meetings to 15 minutes. Mr. Ridley asked what the
Commission would suggest if the Workshop Meeting is not the best venue for them.
The City Manager suggested that this be scheduled as a special single
subject on a Special Workshop Meeting that would not have the normal time constraints.
ILB.5. Matthew Sclier, IS Grove Way, Delray Beach, FL 33444, stated at the
March 15, 2011 City Commission Meeting he expressed concern over the loud music
conning from car stereos and he did receive a response letter. However, Mr. Sclier stated
the response letter is not acceptable because nothing has happened. Mr. Sclier stated he
still hears the bass from loud car stereos day in and day out. He suggested posting signs
with the noise ordinance along Swinton Avenue and feels people will not learn until they
have to pay a fine.
Secondly, Mr. Sclier stated the City is doing as much as they can to clean
up Delray and Atlantic Avenue looks great. However, he expressed concern over the
garbage and litter in his neighborhood but feels the worst area is around Lowson
Boulevard and S.W. 10th Street across from D &B Tile. Mr. Sclier stated this area looks
like a slum and suggested that this be enforced and people start organizing community
cleanups.
25
04/21/11
11.B.6. Alice Finst 707 Place Tavant Delray Beach FL 33445 expressed
concern over what was recently proposed at Worthing Park. Mrs. Finst stated she as well
as other taxpayers should have a say as to what happens with this space; mainly sharing
the space with restaurants. She asked how the City expects to keep this proposed shared
space clean and under control. Mrs. Finst suggested that the City follow through with the
recently presented plan with the lighting in place and see if the new design works to draw
people into the park before making a decision on giving away part of the park, to give the
restaurants an additional free serving area and subsequently spread patrons into the park
seating areas. She stated Worthing Park has been used for many public displays over the
years most recently the Delray Affair. Mrs. Finst stated Veteran's Park was closed to last
week's Delray Affair and displays were moved into Old School Square Park. She asked
if there is room to move any more exhibits into Old School Square. She urged the
Commission to give the new Worthing Park a chance.
11.13.7. Christina Morrison Pearce, 2000 South Ocean Boulevard _9307,
Delray Beach, FL 33483, expressed concern with Worthing Park and stated she was
approached at the Delray Affair about part of the park being possibly given away.
11.A. City Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
inquiries.
At this point, the time being 9:16 p.m., the Commission moved back to
Item 9.F. of the Regular Agenda.
9.F. SERVICE AUTHORIZATION NO. 07- 21/MATHEWS
CONSULTING, INC. /AUTOMATIC METER _ READ SYSTEM (AMR),
EVALUATION: Consider approval of Service Authorization No. 07 -21 to Mathews
Consulting, Inc. in the amount of $65,612.00 for professional services to conduct a Water
Meter Automatic Meter Read (AMR) System Evaluation. Funding is available from 441-
5181- 536 -31.90 (Water and Sewer Fund: Professional Services /Other Professional
Services).
Victor Majtenyi, Deputy Director of Public Utilities, stated this is a
Service Authorization to conduct a Water Metering /Automatic Meter Read (AMR)
System Evaluation for staff to come up with a strategic plan and implement such devices.
Mr. Majtenyi stated this is a follow up to the Workshop Meeting where staff discussed
the water audit study and unaccountable water. He stated some of the recommendations
were some technology devices. Mr. Majtenyi stated Matthews Consulting will conduct
an evaluation of the City's existing protocol's and systems that we have in place for the
meter reading process and the billing system. He stated staff will also look at the City's
operating costs for such services and look at establishing criteria for a matrix for
evaluating different type of systems mainly mobile radio reads, fixed reader reads and
fixed network reads. Mr. Majtenyi stated there will be some interviews with other
municipalities to see what they are using and come up with the cost analysis.
26
04/21/11
At this point, Mrs. Gray left the dais.
Mr. Frankel moved to approve Service Authorization No. 07 -21 to
Mathews Consulting, Inc. in the amount of $65, 612.00, seconded by Mr. Carney. Upon
roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mayor
McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 4 to 0 vote.
9.G. APPOINTMENT TO THE CODE ENFORCEMENT BOARD:
Appoint one (1) regular member to the Code Enforcement Board to serve an unexpired
term ending January 14, 2013. Based upon the rotation system, the appointment will be
made by Commissioner Carney (Seat #1).
Mr. Carney moved to appoint Jason Dollar as a regular member to the
Code Enforcement Board to serve an unexpired term ending January 14, 2013, seconded
by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes;
Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Fetzer — Yes. Said motion passed with a
4 to 0 vote.
At this point, Mrs. Gray returned to the dais.
9.H. APPOINTMENT TO THE POLICE AND FIREFIGHTERS
RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member
to the Police and Firefighters' Retirement System Board of Trustees for a two (2) year
term ending April 22, 2013. Based upon the rotation system, the appointment will be
made by Mayor McDuffie (Seat #5).
Mayor McDuffie stated he wished to appoint Alan Kirschenbaum as a
regular member to the Police and Firefighters' Retirement System Board of Trustees for a
two (2) year term ending April 22, 2013. Mr. Frankel so moved, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
McDuffie — Yes; Mr. Carney — Yes; Mr. Fetzer — Yes; Mr. Frankel -W- Yes. Said motion
passed with a 5 to 0 vote.
9.1. APPOINTMENTS TO THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Appoint one (1) regular member and one (1) alternate
member to the Green Implementation Advancement Board to serve unexpired terms
ending July 31, 2011. Based upon the rotation system, the appointments will be made by
Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1).
Mayor McDuffie stated he wished to appoint Jeff Benavides as a regular
member to serve on the Green Implementation Advancement Board for an unexpired
term ending July 31, 2011. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll
call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr.
Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 45 to 0
vote.
27
04/21/11
Mr. Carney stated he would like to defer his appointment to the next
regular meeting of May 3, 2011.
9..1. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) student member to the Neighborhood Advisory Council
Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system,
the appointment will be made by Commissioner Frankel (Seat #3).
Mr. Frankel moved to appoint Andrea Poveda as a student member to the
Neighborhood Advisory Council to serve an unexpired term ending July 31, 2011,
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. Carney — Yes.
Said motion passed with a 5 to 0 vote.
9.K. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1)
regular member to the Education Board to serve an unexpired term ending July 31, 2012.
Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat
#5).
Mayor McDuffie stated he wished to appoint Jose Herrera as a regular
member to the Education Board to serve an unexpired term ending July 31, 2012. Mr.
Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mr. Frankel — Yes; Mrs. Gray --- Yes; Mayor McDuffie — Yes; Mr. Carney —
Yes; Mr. Fetzer — Yes. Said motion passed with a 5 to 0 vote.
12. FIRST READINGS:
A. None
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
13.A. City Manalzer
The City Manager stated he received good news from the Property
Appraiser's office today and reported that the City's projected change in 2010 taxable
value based on earlier discussions about possibly a 5% drop, they informed him that we
are one of 22 cities that will decline less than 3% and we are one of b or 8 that may end
up in positive territory.
Secondly, the City Manager stated today the City of Palm Beach had their
Firefighters' Impasse Hearing and briefly discussed changes to their benefits.
Lastly, the City Manager stated he was contacted by the YCMA and they
would like to meet next week to discuss the property on Congress Avenue and what kind
of arrangement the City might be able to work out for getting a facility built there.
28
04/21/11
U.B. City Attorney
The City Attorney had no comments and inquiries on non - agenda items.
U.C. City Commission
13.0.1. Mr. Fetzer
Mr. Fetzer had no comments and inquiries on non - agenda items.
13.C.2. Mr. Carney
Mr. Carney stated he enjoyed the conversation about the six weeks
because it is very good that the Commission start looking at these different types of
things. Mr. Carney stated there are good projects that people are trying to do and he did
not want the applicant to go away thinking that the Commission did not think what he
was trying to do was not a good thing because he believes it is a very good thing.
13.C.3. Mrs. Gray
Mrs. Gray stated she too would like staff to look into the trash issue
because she has received complaints especially from the southwest area of town.
Secondly, Mrs. Gray stated next Thursday the "Boys Today Men
Tomorrow Mentoring Program" is having a fundraiser at Anthony's Coal Fired Pizza at
4:30 p.m.
Lastly, Mrs. Gray stated the MLK Beautification Project is coming along
nicely.
13.C.4. Mr. Frankel
Mr. Frankel had no comments and inquiries on non- agenda items.
13.C.5. Mayor McDuffie
Mayor McDuffic stated he appreciates the comments expressed this
evening.
Secondly, Mayor MCDuffie commented about his daughter's automobile
accident that occurred last Friday on Boca Rio Road and stated she was hit head on. The
car behind the lady who hit her head on, hit the backside of that automobile and knocked
the car into her again causing the car to roll down the embankment into the Boca Rio
Canal landing in an upright position and leaving her trapped in the vehicle. Mayor
McDuffie stated his daughter managed to kick a hole in the windshield and crawled out.
He encouraged everyone to go to the website to one of their local auto dealerships and get
29
04/21/11
an object that looks like a little hammer with two little pointed metal ends on it that you
can hit and break a window out (center punch) and the other is one you can put on a
keychain that has a seatbelt cutter in it and it also has a little round piece that is
essentially a firing pin on a rifle and you press it up against the window and it fires a pin
into the window and breaks the window. Mayor McDuffie stated they are approximately
$12.00 each. He stated last Friday morning was the best day of his life in 23 years
because his daughter is alive and well.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 9:31 p.m.
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 April 21, 2011, which Minutes were formally approved and adopted by the City
Commission on May 3, 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.
30
04/21/11
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUESTS FOR HYATT PLACE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The waiver requests regarding the Hyatt Place project have come before
the City Commission on April 21, 2011.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests for the Project. All
of the evidence is a park of the record in this case.
3. Waivers. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver,
the approving body shall make a finding that the granting of the waiver:
(a) shall not adversely affect the neighboring area;
(b) shall not significantly diminish the provision of public facilities;
(c) shall not create an unsafe situation; and
(d) does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on other
property for another applicant or owner.
4. Hotel Front Setback. Per LDR Section 4.4.13(F)(4)(a)(2), the minimum
front setback for buildings with nonresidential uses on the ground floor in the CBD
zoning district is 5 feet. The eastern elevation of the hotel includes an angled glass
architectural feature that is approximately 3.5 feet wide and projects 5 feet into the
minimum required setback (0 -foot setback proposed).
Should a waiver to Section 4.4.13(17)(4)(a)(2) be granted to modify the
minimum front setback?
Yes ✓ No
5. Parking-Lot -Setbacks. Per LDR Section 4.4.13(F)(4)(c), the Phase I
parking lot on the west side of the alley does not comply with the minimum and
it
City Commission Meeting on April 21, 2011; Item 9.B.
maximum building setbacks and frontages along NE 1st Street and NE 15t Avenue given
the lack of a building during this phase. Due to the potential extended period that the
parking lot may be in place, a waiver request has been submitted from these
regulations.
Should a waiver to Section 4.4.13(F)(4)(c) be granted?
Yes I/ No
6. Stacking Distance. Per LDR Section 4.6.9(D)(3)(c)(2), a stacking
distance of 100 feet is required in advance of all security gates. The development
includes a security gate for the 45-space parking lot on the west side of the alley in
phase 1. This security gate has a 23 -foot 4 inch stacking distance from the alley. A
waiver request has been submitted from the required stacking distance.
Should a waiver to Section 4.6.9(D)(3)(c)(2) be granted to modify the
stacking distance?
Yes ✓ No
7. Maneuverinc# Area_ Per LDR Section 4.6.9(D)(4)(c), a 6 -foot by 24 -foot
maneuvering area is required for dead end parking tiers. A 5 -foot 2 inch by 30 -foot
dead end parking tier is proposed on the mezzanine level of the hotel. A waiver request
has been submitted for the maneuvering area.
Should a waiver to Section 4.6.9(D)(4)(c) be granted to modify the
maneuvering area?
Yes ✓ No
8. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original site plan was submitted.
2
City Commission Meeting on April 21, 2011; Item 16.
9. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses which supports the findings set forth in this Order.
10. Based on the entire record before it, the City Commission
approves � denies - -- the waiver requests and hereby adopts this Order
this 21" day of April, 2011, by a vote of 5 (nNavor an opposed.
'i �� t:
ATTEST: Nelson S. McDuff' yor
. 1V
Chevelle Nubin, City Clerk
3
City Commission Meeting on April 21, 2011; Item 9.8.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This appeal of the Site Plan Review and Appearance Board's approval of
a Class I Site Plan and Architecture Elevation associated with Burgerl'i Restaurant has
come before the City Commission on April 21, 2011.
2. The Appellee and City staff presented documentary evidence and
testimony to the City Commission pertaining to the appeal of the Site Plan Review and
Appearance Board's approval of a Class I Site Plan and Architecture Elevation
associated with Burgers Restaurant. All of the evidence is part of the record in this
case. Required findings are made in accordance with Subsection 1_
I. LDR REQUIREMENTS
A. Pursuant to LDR Section 4.6.18(E), the following criteria shall be
considered in the review of plans for building permits. If the following criteria are not
met, the application shall be disapproved.
(1) The plan or the proposed structure is in conformity with good taste,
good design, and in general, contributes to the image of the City as a place of beauty,
spaciousness, harmony, taste, fitness, broad vistas, and high quality.
(2) The proposed structure, or project, is in its exterior design and
appearance of quality such as not to cause the nature of the local environmental or
evolving environment to materially depreciate in appearance and value.
(3) The proposed structure, or project, is in harmony with the proposed
developments in the general area, with the Comprehensive Plan, and with the
supplemental criteria which may be set forth for the Board from time to time.
Have the requirements of 4.6.18(E) been met as it relates to the revised site
plan?
Yes ✓ No
3. The City Commission has applied the LDR requirements in existence at
the time the original site plan was submitted.
City Commission Meeting on April 21, 2019; Item 9.C.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adapts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves
denies the appeal and hereby adopts this Order this 21 st day of April, 2011, by a
vote of 5 in favor and 0 opposed_
ATTEST:
Chevelle Nubin
City Clerk
4)'�D'Sw�
Nelson S. McDuffie, MakhU
2 City Commission Meeting on April 21, 2011; Item B.C.
31
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This appeal of the Site Plan Review and Appearance Board's approval of
a Class II Site Plan Modification and Architecture Elevations associated with Boston's
on the Beach Restaurant has come before the City Commission on April 21, 2011.
2. The Appellee and City staff presented documentary evidence and
testimony to the City Commission pertaining to the appeal of the Site Plan Review and
Appearance Board's approval of a Class 11 Site Plan Modification and Architecture
Elevations associated with Boston's on the Beach Restaurant. All of the evidence is
part of the record in this case. Required findings are made in accordance with
Subsection 1.
I. LDR REQUIREMENTS
A. Pursuant to LDR Section 4.4.13, uCentral Business District (CBD)
Regulations ":
(1) Setbacks: The proposed changes are located internal to the
existing structure, therefore the development standards of Tables 4.4.13(F)(4) Setbacks
do not apply.
(2) Open Space: Pursuant to LDR Section 4.4.13(F)(2), a minimum of
10% non vehicular open space shall be provided within the CBD; however, within the
area encompassed by the boundaries of the original Downtown Development Authority
as described in Section 8.2.2(8), and within those sections of the CBD zoning district
located within the Pineapple Grove Main Street area and east of the Intracoastal
Waterway, there shall be no minimum open space requirement. Notwithstanding the
provisions of this section, the body acting upon a development application within the
CBD may require that open areas, including but not limited to courtyards, plazas, and
landscaped setbacks, be provided in order to add interest and provide relief from the
building mass.
As the development proposal is located east of the Intracoastal Waterway, there
is no minimum open space requirement, however 12.6% is provided on site.
City Commission Meeting on April 21, 2011; Item 9.D.
(3) Parking: Pursuant to LDR Section 4.4.13(G)(1)(d), the parking
requirement for the creation of new restaurant floor area is established at six (6) spaces
per 1,099 square feet of floor area.
As explained in the background section of this report ( "Appendix A "), the
required parking and total expansion area were previously approved based upon the
above regulation; however, the use area has not been built-out- The previously
approved 792 square foot outdoor barfuse area reduced the remaining total square
footage available for restaurant expansion to 91 square feet (883 -- 792 = 91). The new
second floor balcony and reception areas total approximately 193.50 sq. ft., however,
parking will not be accessed since it was determined that this new area did not qualify
as new floor area. Based upon the above, the proposed changes do not require any
additional parking spaces for restaurant expansion. Therefore, positive findings with
respect to this section of the LDR can be made.
Have the requirements of 4.6.13 been met as it relates to the revised
elevations, provided they meet the current LDRs?
Yes V' No
B. Pursuant to LDR Section 4.6.18(E), the following criteria shall be
considered in the review of plans for building permits. If the following criteria are not
met, the application shall be disapproved.
(1) The plan or the proposed structure is in conformity with good taste,
good design, and in general, contributes to the image of the City as a place of beauty,
spaciousness, harmony, taste, fitness, broad vistas, and high quality.
(2) The proposed structure, or project, is in its exterior design and
appearance of quality such as not to cause the nature of the local environmental or
evolving environment to materially depreciate in appearance and value.
(3) The proposed structure, or project, is in harmony with the proposed
developments in the general area, with the Comprehensive Plan, and with the
supplemental criteria which may be set forth for the Board from time to time.
Have the requirements of 4.6.18(E) been met as it relates to the revised
elevations, provided they meet the current LDRs
Yes ✓ No
3. The City Commission has applied the LDR requirements in existence at
the time the original site plan was submitted.
4_ The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
2 City Commission Meeting on April 29, 2011; Item 3.A.
in the record including but not limited to time staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves ✓
denies the appeal and hereby adopts this Order this 21st day of April, 2011, by a
vote of 5 in favor and 0 opposed.
ATTEST: �
Nelson S. McDuffie, Ma
evelle Nu in
City Clerk
3 City Commission Fleeting on April 21, 2011; Item 9.A.