10-18-11 Regular City Commission MinutesOCTOBER 18, 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, October 18, 2011.
1. Roll call showed:
Present- Commissioner Tom Carney
Commissioner Jay Alperin
Commissioner Adam Frankel
Commissioner Angeieta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend 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.
Mayor McDuffie noted the addition of Item 7.A., Presentation for USA
Netball Association, Inc. Tournament and Item 9.F., Bid Award/Randolph and
Dewdney Construction, Inc. by addendum.
The City Attorney stated the applicant has requested that Item 9.C.,
Consideration of an Appeal/Historic Preservation Board's Decision/Class III Site
Plan Modification and Item 9.C.1., Consideration of an Appeal/flistoric
Preservation Board's Decision/Waiver Request be postponed.
Dr. Alperin moved to approve the Agenda as amended, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Dr. Alperin — Yes; Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney - Yes. Said motion
passed with a 5 to 0 vote.
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5. APPROVAL OF MINUTES:
Mrs. Gray moved to approve the Minutes of the Workshop Meeting of
September 13, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney —
Yes; Dr. Alperin — Yes. Said motion passed with a 5 to 0 vote.
Dr. Alperin moved to approve the Minutes of the Regular Meeting of
October 4, 2011, seconded by Mr. Carney. Upon roll call the Commission voted as
follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin —
Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
I.I QQrf
7. PRESENTATIONS:
7.A. USA Netball Association, Inc. Tournament — Carole Hokrein
(ADDENDUM)
Carole Hokrein, Administrator for the USA Netball Association, gave a
brief PowerPoint presentation of Netball and showed a video clip. Ms. Hokrein stated
Netball is a sport for mainly women and girls but boys and men do play as well. She
stated over 18 countries around the world play this game. Ms. Hokrein stated America
has been represented at World Championships since 1995 and finished as high as 9th and
we are the only country that fundraises their own way there.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. REQUEST FOR SIDEWALK DEFERRAL /1001 LEVas COVE:
Approve a request to defer the installation of sidewalk along Lewis Cove for property
located at 1001 Lewis Cove.
8.B. REQUEST FOR SIDEWALK DEFERRAL /975 BANYAN DRIVE:
Approve a request to defer the installation of a sidewalk along Banyan Drive for property
located at 975 Banyan Drive.
S.C. FINAL SUBDIVISION PLAT APPROVAL/LITTLE WOOD
ESTATES: Approve the final subdivision plat for Little Wood Estates, located at the
south end of N.W. 1 st Avenue, between Woods Lane and Trinity Lutheran Church.
8.D. AMENDMENT NO. 1 TO THE AGREEMENT/PALM BEACH
COUNTY: Approve Amendment No. 1 to the Agreement with Palm Beach County to
extend the deadline to October 21, 2012 for completing improvements comprising the
Auburn Avenue project.
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S.E. INTERLOCAL AGREEMENT/PALM BEACH COUNTY
DROWNING PREVENTION COALITION (DPC): Approve an Interlocal
Agreement with Palm Beach County for payment of swimming lesson fees not to exceed
$50.00 per class for the Learn to Swim Program at Pompey Park and the Delray Swim
and Tennis Center through the Drowning Prevention Coalition of Palm Beach County.
8.F. HOUSING REHABILITATION GRANT/CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract through the Community
Development Block Grant (CDBG) and Residential Construction Mitigation Program
(RCMP) to the lowest responsive bidder for 316 N.W. 6th Avenue to Raymond Graeve &
Sons Construction, Inc. in the amount of $28,090.46. Funding is available from 118-
1963- 554 -49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation)
and 118- 1936 - 55449.19 (Neighborhood Services: Other Current Charges/Housing
Rehabilitation).
8.G. HOUSING REHABILITATION GRANT/CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract to the selected contractor for
Neighborhood Stabilization Program, All Phase Roofing & Construction, in the amount
of $39,018.00 for 212 N.W. 14th Avenue. Funding is available from 118- 1935 -554-
62.12 (Neighborhood Services: Capital Outlay /Acquisition Rehabilitation).
8.H. CHANGE FUNDING SOURCE FROM DISASTER RECOVERY
INITIATIVE (DRI) TO COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG)/HOUSING REHABILITATION CONTRACT AWARD: Approval to
change the finding source from Disaster Recovery Initiative (DRI) to Community
Development Block Grant (CDBG) for the Housing Rehabilitation contract award
for 354 N.W. 6th Avenue; and approval to exceed the maximum housing rehabilitation
cost, established at $37,000.00 for an individual property under the Department's
approved Policies and Procedures to accommodate the total bid award of $37,875.95.
Funding is available from 118- 1963 - 554 -49.19 (Neighborhood Services: Other Current
Charges/Housing Rehabilitation).
B.I. GRANT APPLICATION: WALMART - HOLIDAY TOY
PROGRAM: Provide authorization for submission of a grant application to Waimart in
the amount of $5,000.00 to support a Holiday Toy program for disadvantaged youth in
collaboration with local Law Enforcement Officers.
S8J. SPECIAL EVENT REOUEST/HOLIDAY PAGEANT PARADE:
Approve a special event request to endorse the Annual Holiday Pageant Parade co-
sponsored by the Parks and Recreation Department and the Chamber of Commerce to be
held on December 10, 2011 beginning at approximately 6:00 p.m. to 9:00 p.m., grant a
temporary use permit per LDR Section 2.4.6(F) for the closure and use of Atlantic
Avenue from A -1 -A to N.W. 5th Avenue for the parade route and set up from
approximately 4:00 p.m. to 6:00 p.m., and approve staff support for traffic control,
security, EMS assistance, barricading, trash removal, clean up, and event signage.
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8.K. SPECIAL EVENT REQUEST/HOWARD ALAN 23RD ANNUAL
DELRAY BEACH FESTIVAL OF THE ARTS: Approve a special event request for
the 23rd Annual Delray Beach Festival of the Arts sponsored by Howard Alan Events,
Ltd. to be held on January 21 -22, 2012 from 10:00 a.m. to 5:00 p.m., granting a
temporary use permit per LDR Section 2.4.6(F) for use of City rights -of -way on Atlantic
Avenue from the east side of N.E. 6th Avenue to Bronson, and the Gladiola lot (S.E. 6th
Avenue) for vendor parking; authorize staff support for security and traffic control,
barricade assistance, EMS assistance, fire inspection services, and permit an event sign to
be erected on Atlantic Avenue just east of I -95 fourteen (14) days prior to the event with
the sponsor paying all overtime costs.
8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period October 3, 2011 through October 14, 2011.
8.M. AWARD OF BIDS AND CONTRACTS:
1. Bid award to LV Superior Landscaping, Inc. in the estimated
annual amount of $33,049.36 for landscape maintenance of
Stormwater Retention Areas. Funding is available from 448 -5416-
538.34-90 ( Stormwater Utility Fund: Other Operating/Other
Contractual Services).
2. Bid awards to LV Superior Landscaping, Inc. in the amount of
$19,696.94 for Landscape Maintenance of Lake Ida Road
Medians, South Federal Highway and Congress Avenue. Funding
is available from 119- 4144 -572 -46.40 (Beautification Trust Fund:
Repair & Maintenance Services/Beautification Maintenance).
3. Contract award to Intercounty Engineering, Inc. in the amount of
$237,142.00 for construction of a water main upgrade on S.W.
10th Avenue from S.W. 2nd Street to West Atlantic Avenue.
Funding is available from 442 -5178- 536 -68.76 (Water & Sewer
Renewal & Replacement Fund: Improvements Other /S.W. 10th
Avenue Water Main).
4. Contract award to Line -Tec, Inc. in the amount of $70,681.00 for
relocating water services as part of the Osceola Neighborhood
Redevelopment Plan. Funding is available from 442- 5178 -536-
65.85 (Water & Sewer Renewal & Replacement Fund: Other
Improvements; Osceola Park).
5. Purchase award to Airgas in the amount of $107,000.00 for
delivery of Liquid Carbon Dioxide (CO2) to be ordered "as
needed ". Funding is available from 441 -5122 -536 -52.21 (Water
and Sewer Fund: Operating Supplies /Chemicals).
6. Purchase award to Otto Waste Systems, as a sole source provider,
in the amount of $50,000.00 for purchase of hot stamped garbage
carts, lids and wheels to be ordered "as needed ". Funding is
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available from 433 -3711 -534 -49.35 (Sanitation Fund: Other
Current Charges /Cart Renewal & Replacement).
7. Purchase award to Dumont Company, Inc. in the amount of
$51,200.00 for the purchase and delivery of Sodium Hypochlorite
on an "as needed" basis to remote booster station locations.
Funding is available from 441 - 5123 -536 -52.21 (Water and Sewer
Fund: Operating Supplies /Chemicals).
8. Purchase award to CDW- Government in the amount of
$346,873.44 and to Emergency Vehicle Supply (EVS) in the
amount of $23,460 for the purchase and installation of sixty -eight
(68) In -Car video systems in police vehicles. Funding is available
from 334 - 2111 -521 -64.90 (General Construction Fund:
Machinery /Equipment/Other Machinery/Equipment) and 115-
2112 -521 -64.90 (Special Projects Fund:
Machinery/Equipment/Other Machinery /Equipment).
Mr. Frankel moved to approve the Consent Agenda, seconded by Dr.
Alperin. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr.
Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion
passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. CONDITIONAL USE REQUESUTHE ELECTRIC
EXPERIENCE: Consider a conditional use request to allow the sale of Segways and
Segway tours along designated routes for The Electric Experience located at 1047 East
Atlantic Avenue. (Quasi- Judicial Hearing)
Mayor McDuffie read the City of Delray Beach Quasi - Judicial Hearing
rules 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 and all subsequent Quasi - Judicial items.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel, Mrs. Gray and Mayor McDuffie stated they had no ex
parte communications to disclose. Mr. Carney stated he had a brief conversation with
Attorney David Schmidt.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file 42011 -186 into the record.
Mr. Dorling stated this is a conditional use request to establish a Segway
tours and sales facility known as The Electric Experience. The tours will be operated
solely on the barrier island and extend primarily south of Atlantic Avenue. The hours of
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operation would be from 9:00 a.m. — 6:00 p.m. Monday through Sunday. Mr. Dorling
stated the training is proposed to occur in the parking lot to the rear and briefly described
the tour routes.
At its meeting of September 19, 2011, the Planning and Zoning Board
recommended approval with a 6 to 0 vote. The Board expressed concerns over
homeowner privacy with respect to tour segments through neighborhoods particular East
Road and Vista Del Mar Drive. Mr. Dorling stated it is noted that those areas have been
removed from the tours as these tour routes have been modified to address that specific
concern. He stated the Board also had some concern that the businesses that utilize the
parking area along the north side of the site be notified that the proposed use would
provide training in that parking lot which may conflict with the parking that the lot is
there for. The applicant provided notice to all the affected businesses regarding the
proposed use and training within this parking lot. Mr. Dorling stated those conditions
proposed by the Planning and Zoning Board are no longer conditions of approval because
they have been addressed.
At its meeting of September 8, 2011, the Community Redevelopment
Agency (CRA) reviewed the conditional use request and recommended approval. At its
meeting of September 12, 2011, the Downtown Development Authority (DDA) reviewed
the conditional use request and recommended approval. Staff recommends approval
subject to the five conditions listed on page two of the City Commission documentation.
David Schmidt, Attorney representing the applicant, stated they do not
have any issues with the staff recommendation or the conditions that would be imposed.
Mr. Carney noted that the parking lot is being used and asked what would
happen if the applicant were to develop that parking lot. Mr. Schmidt stated his client
primarily does the training in the building or the breezeway and he is trying to avoid
using the parking area if they can.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the conditional use request, to please come forward at this time.
There being no one from the public who wished to address the Commission regarding the
conditional use request, the public hearing was closed.
Dr. Alperin stated one of the conditions of approval is that the Segways be
walked across Atlantic Avenue. Mr. Dorling stated they are not allowed to go parallel
along Atlantic Avenue whether they are part of a tour or privately owned. Dr. Alperin
asked what the logic is that a Segway must be walked across Atlantic Avenue. Mr.
Dorling stated it stems with respect to concerns conflicting with other activity on the
Avenue (i.e. seating, sidewalk cafes, etc.).
Mrs. Gray stated the first time she rode a Segway it was difficult for her to
maneuver and believes it is easier to handle by walking it across the street.
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Mr. Frankel stated the other operator had specific conditions such as they
had to wear reflective vests and other safety things and asked why that was not made part
of this request. Mr. Dorling stated those are conditions in the overall ordinance that was
previously adopted. Mr. Frankel stated the Commission had discussed having the tour
guide at all times with the tourists and noted that he sees the group going all the time and
has seen a father and son going back to the shop. Mr. Frankel asked how this is being
enforced.
There was no cross - examination or rebuttal.
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).
Dr. Alperin moved to adopt the Board Order as presented, seconded by
Mr. Carney. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Dr.
Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said
motion passed with a 5 to 0 vote.
9.B. WAIVER REOUESTSBOUERI MIXED -USE BUILDING: Consider
approval of six (6) waiver requests to Land Development Regulations (LDR) Section
4.4.13(F)(3) and Section 4.4.13(F)(4), "Principle Uses and Structures Permitted ",
regarding the required building frontage and front setback along S.E. 1st Avenue and
along S.E. 1st Street; Land Development Regulations (LDR) Section 4.6.18
(B)(14)(iv)(2), "Windows and Doors ", to reduce the required 75% transparency surface
to 49% in the building elevation along S.E. 1 st Avenue and to 43% along S.E. 1 st Street;
Land Development Regulations (LDR) Section 5.3.1(D)(3), "Corner Clip ", to reduce the
required corner clip at the intersection of S.E. 1st Street and S.E. 1st Avenue from 20' by
20' to 12' -11" by 12' -11 "; Land Development Regulations (LDR) Section 6.1.3(b),
"Additional Paving ", to reduce the required 8' wide sidewalk along S.E. lst Avenue and
S.E. 1st Street to 5' for Boueri Mixed -use Building, located at 104 S.E. 1st Street.
(Quasi - Judicial Hearing)
Mayor McDuffie asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, A1CP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2011 -159 into the record.
Mr. Dorling stated this is a request for six waivers for an office building
that is proposed at the corner of S.E. 1St Avenue and S.E. 1" Street. He stated two of the
waivers relate to required setbacks that are part of the design guidelines. Mr. Dorling
stated another waiver is to the requirement for transparency or windows along the
streetscape, a waiver for a reduced corner clip, and two waivers for the sidewalk along 1 St
Avenue and 1St Street. Mr. Dorling stated the waivers are outlined in the staff report and
there are required portions of the building that are required to be at 10 foot and 15 foot as
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you go up. He stated the first request is to allow an increase of the required front setback
at ten feet from 64.8 feet to 67 feet and to allow a decrease in the remaining portion of the
building at 15 feet from 7.2 feet to 5 feet. Mr. Dorling stated the Design Guidelines
require ins and outs on the building below 25 feet and above 25 feet and these waivers
relate to doing that and represent minimum deviations in those setbacks. Mr. Dorling
stated the third waiver relates to the window coverage along 1 St Street and 1St Avenue and
there is a related reduction along 1St Avenue is from 75% required to 49% and 1St Street is
from 75% to 43 %. The intent of the transparency is to provide window shopping
opportunities. Mr. Dorling stated the other piece is a request for a reduction in the corner
clip from 20 feet to 12 feet 11 inches and the fifth and sixth waiver are a reduction in the
sidewalks. Mr. Dorling stated the Central Business District (CBD) requires 8 foot
sidewalks and those are appropriate widths and are certain high pedestrian streets but in
other areas it may be appropriate to reduce those to 5 feet.
Mr. Dorling stated these waivers went before the Review Boards and in
each case those Boards recommended approval of the waivers being requested this
evening.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver requests, to please come forward at this time. There
being no one from the public who wished to address the Commission regarding the
waiver requests, the public hearing was closed.
There was no cross - examination or rebuttal.
Dr. Alperin expressed concern over the impact of this variance.
Mr. Carney stated he likes the looks of the building and feels we need
people to start developing these types of things south of Atlantic Avenue. Mr. Carney
stated he does not see this as problematic.
The City Manager stated according to the site plan there is a clear 20 foot
by 20 foot site triangle but we are only requiring a 12 foot by 12 foot dedication on the
corner clip. Mr. Dorling stated the 20 foot by 20 foot site triangle is maintained and the
corner clip is being reduced to 12 feet 11 inches and the setbacks are then measured from
the property line. The building is set to provide the clear 20 foot by 20 foot but the
dedication allows for the five foot to occur from the 12 foot 11 inch dedication.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Frankel moved to adopt the Board Order as presented, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Dr. Alperin — Yes; Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said
motion passed with a 5 to 0 vote.
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9.C. CONSIDERATION OF AN APPEAL/HISTORIC PRESERVATION
BOARD'S DECISION /CLASS III SITE PLAN MODIFICATION: Consider an
appeal of the Historic Preservation Board's denial of the Class III site plan modification
request for 85 S.E. 6th Avenue. (Quasi - Judicial Hearing)
9.C.1. CONSIDERATION OF AN APPEAL/ HISTORIC PRESERVATION
BOARD'S DECISION/WAIVER REQUEST: Consider a waiver request to Land
Development Regulations (LDR) Section 4.5.1(E)(3)(b)(2), "Parking ", for six required
parking spaces for 85 S. E. 6th Avenue. (Quasi- Judicial Hearing)
Dr. Alperin requested that Item 9.C. and Item 9.C.1. not be postponed to
November 1, 2011 because he will not be present to discuss his concerns on this issue.
Mr. Dorling stated he received a telephone call from the Attorney for the
applicant and their intent was to meet with staff on November 14, 2011 in anticipation of
resolving some of these issues before the November 15`h meeting.
9.1). REQUEST TO CHALLENGE THE FUNDING MECHANISM
PERTAINING TO PALM BEACH COUNTY'S INSPECTOR GENERAL
PROGRAM: Request authorization to allow the City Attorney to join Delray
Beach with other municipalities in a lawsuit challenging the funding mechanism
pertaining to Palm Beach County's Inspector General Program.
The City Attorney stated this item is in front of the Commission to allow
the City Attorney's office to join a lawsuit with other municipalities to challenge the
funding mechanism for the Inspector General Program. The City Attorney stated staff
believes there are certain fallacies in that funding mechanism and will therefore the City
will be bringing suit against Palm Beach County.
Mr. Frankel complimented the City Attorney on the information Assistant
City Attorney Terrill Pyburn provided to the Commission. Mr. Frankel stated when this
was on the ballot it was not clear that individual City taxpayers were going to pay for it.
Mr. Frankel stated he supports the lawsuit.
Dr. Alperin stated it was not made clear but the Commission was sold on
the idea that it was not going to cost anything.
Mr. Frankel asked how many other municipalities will join Delray Beach
in this lawsuit. The City Attorney stated approximately 10 or 11 municipalities will join
Delray Beach in the lawsuit.
Mr. Carney stated he agrees wholeheartedly with comments expressed by
Mr. Frankel and Dr. Alperin.
Mayor McDuffie stated this was not represented fairly to the Commission
or the public when this was on the ballot. He supports the lawsuit as well.
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Mr. Frankel moved to approve the request to challenge the funding
mechanism pertaining to Palm Beach County's Inspector General Program, seconded by
Mr. Carney. Upon roll the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray
— Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes. Said motion
passed with a 5 to 0 vote.
9.E. SPECIAL EVENT REQUEST/TWILIGHT BICYCLE RACE AND
WELLNESS FESTIVAL: Consider approval and endorsement of a new event, Delray
Beach Twilight Bicycle Race and Wellness Festival,. sponsored by RAC Event
Productions /Swaggerolls to be held on March 9, 2012 from 9:00 am. to 11:00 p.m., and
March 10, 2012 from 8:00 a.m. to 11:00 p.m.; grant a temporary use permit per LDR
Section 2.4.6(F) for closure and use of Atlantic Avenue from Swinton to Railroad Way,
Railroad Way from Atlantic to N.E. 1st Street, N.E. 1 st Street from Railroad Way to
Swinton and N.E. 1 st Avenue from Old School Square grounds to Atlantic from
approximately 4:00 p.m. to 10:00 p.m. on Saturday, March 10, 2012 for the bike races;
and authorize staff support for traffic control and security, EMS assistance, trash removal
and cleanup, trash boxes and event signage; contingent upon receipt of a non - refundable
deposit in the amount of $2,000.00, copies of signed rental agreements with Old School
Square and the City for use of Old School Square Park, receipt of a signed and notarized
Hold Harmless Agreement and receipt of a Certificate of Event Liability and Alcohol
Liability Insurance by the dates outlined in the staff report.
Robert A. Barcinski, Assistant City Manager, stated this item is a request
for the Commission to approve a Special Event Permit Request for an event called the
Delray Beach Twilight Bicycle Race and Wellness Festival held March 9, 2012 from
9:00 a.m. to 11 :00 p.m. and March 10, 2012 from 8:00 a.m. to 11:00 p.m. produced by
Swaggerolls. Mr. Barcinski stated the Commission is also requested to approve a
temporary use permit for the closure and use of Atlantic Avenue from Swinton Avenue to
Railroad Way, Railroad Way from Atlantic Avenue to N.E. l't Street, N.E. 1st Street from
Railroad Way to Swinton Avenue and N.E. 1st Avenue from the Old School Square
grounds to Atlantic Avenue from approximately 4:00 p.m. to 10:00 p.m. on Saturday,
March 10, 2012 and authorize staff support for traffic control and security, EMS
assistance, trash removal and cleanup, trash boxes and event signage. He stated most of
the Wellness Festival is on the site of Old School Square and the park would be used for
bicycle staging. Mr. Barcinski stated there will be a food court, beer garden,
health/wellness vendors, and entertainment. He stated the City has met with the event
producers, City staff, and the DDA staff to talk about this event and how it might benefit
the City and to work out various issues. The DDA expressed concern over the street
closure on a Saturday but then staff discussed promotional things that the event producer
would do with the restaurants and other businesses. The estimated cost for overtime is
$14,700.00; $250.00 for signage; $350.00 for trash boxes; $2,000.00 for the Old School
Square Park rental for a total of $17,300.00. Mr. Barcinski stated the event producer is
responsible for payment of 100% of all of these costs. Staff recommends approval
subject to the following conditions: (1) receipt of a non - refundable deposit in the amount
of $2,000 by February 7, 2012, (2) receipt of a Certificate of Event Liability and Alcohol
Liability Insurance by February 19, 2012, (3) Receipt of a signed and notarized Hold
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Harmless Agreement by February 19, 2012, (4) Copies of signed rental agreements with
Old School Square and the City for use of Old School Square Park by February 25, 2012.
Mr. Barcinski stated in the schedule of events there is mention of a 5K race that is not
part of this approval.
Chelsea Midlarsky, Delray Beach resident and Event Requestor,
stated there are other cities that have held this event and feels this will help showcase
Delray Beach. Ms. Midlarsky stated this is a national series and there is going to be real
professional cyclists that are going to have their kick -off event in Delray Beach. She
stated they will give all the hotels and restaurants packets explaining how they can
maximize their revenue on that day.
Mr. Frankel stated anything with health/wellness and sports is great and
asked if the Downtown Development Authority has any concerns. Mr. Barcinski stated
originally there was a concern about moving the event until after the Delray Affair but
this was worked out.
Mrs. Gray asked if this event could extend past Swinton Avenue in front
of Doe's and Nature's Way Cafd. Ms. Midlarsky stated this is exactly 1K and they have
looked at all the other locations and that was the best one.
Mr. Carney stated we have a lot of active cyclists in this County and he
feels this is a great event that will also help promote other events.
Dr. Alperin expressed concern over the closing of the streets.
Mayor McDuffie stated this sounds like a great idea.
Mr. Carney moved to approve the special event permit subject to the four
(4) conditions set forth on page two of the City Commission memo, seconded by Dr.
Alperin. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes. Said motion
passed with a 5 to 0 vote.
9.F. BID AWARD/RANDOLPH AND DEWDNEY CONSTRUCTION
INC.: Consider approval of a bid award to Randolph and Dewdney Construction, Inc., in
the amount of $456,710.00 for renovations to the Pompey Park Concession Stand. Funding
is available from 334 -4127- 572 -62.10 (General Construction Fund/ Pompey Park
Concession Stand). (ADDENDUIW
Mr. Carney moved to approve to postpone indefinitely, seconded by Mr.
Frankel.
Mr. Carney stated traditionally when other sources of funds are going to
be used by the City as a component to the City spending money we have waited until the
secondary funding source has already signed their lnterlocal Agreement with the City.
He stated the City initially established that we would pay for Phase l together with the
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windows and that if Phase II was going to happen it would be paid for by the CRA. Mr.
Carney stated the CRA considered it at their last meeting and came back with a sum
certain of up to $200,000.00 that they would pay. Mr. Carney stated that means there is a
shortfall under the Phase I dollars already and it does not address any change orders that
may occur because the CRA is capped at their $200,000.00. Mr. Carney suggested that if
the Commission is going to support this, that they wait until they have the agreement in
place defining that in fact the City is paying for Phase I and the CRA is paying for Phase
II, and if there are change orders related to Phase 11, that is their obligation to pay and not
the City's. Mr. Carney stated if the Commission passes this tonight then they have
agreed to pay the $456,000.00 and if the CRA only gives the City $200,000.00 the City
now has the burden for all of those additional costs.
Dr. Alperin stated the Commission was looking for assistance from the
CRA to complete the project not to fund the entire Phase 1I. Dr. Alperin stated he never
agreed to phase it and feels the reason for the delay was to see if the CRA would come up
with some assistance to help the City. Dr. Alperin stated the Commission did not ask for
Phase R but his understanding is that the Commission asked the CRA to come up with
$200,000.00. Dr. Alperin stated he does not support any further delay with this project
because he feels it should be completed. He stated delaying the project will not make
change orders go away but may make them more expensive.
Mrs. Gray concurs with Dr. Alperin that this project is well overdue and
supports moving forward with this project.
Mr. Frankel concurs with comments expressed by the rest of the
Commission. He stated the initial budget was $218,000.00 and we have a low bid of
$456,710.00. Mr. Frankel stated this is not close to the original budget but is over double
the original budget amount. He stated he agrees that improvements have to be made;
however, he is concerned that the amount is over double the original budget because with
change orders it could be $500,000.00 by the time it is done.
Mrs. Gray stated the City budgeted $218,000.00 in fiscal year 2010 -2011
budget and staff will be looking at Phase II in the 2011 -2012 budget; those dollars have
been found.
Mr. Carney stated the understanding was that the City was going to pay
for Phase I to pay for the bathrooms, kitchen, windows, and roof and the estimate was
$233,000.00 excluding the windows. Mr. Carney stated the additional costs were solely
attributable to the enhancement and enlargement of the existing second floor area and the
construction of an ADA compliant elevator. He stated the bathrooms need to be redone
and the question is whether or not the second floor needs to be redone to the extent of
expanding it. Mr. Carney stated his motion had to do with Phase I and sending it back to
the CRA to see if they wanted to be responsible for the costs associated with Phase II.
Mr. Carney stated he was not asking the CRA for assistance but he was asking the CRA
to pay for it.
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Brief discussion followed between Commissioner Gray and Commissioner
Carney.
The City Manager stated with impact windows Phase I would be
$248,000.00.
Richard Hasko, Director of Environmental Services, clarified that the
$200,000.00 represented the CRA's budget for those two parks projects going back to the
first time we asked them.
At this point, Mr. Carney withdrew his first motion.
Mr. Carney moved to approve the bid award with Dewdney Construction,
Inc. subject to entering into an Interlocal Agreement providing funds of up to
$200,000.00 with the Community Redevelopment Agency (CRA), seconded by Dr.
Alperin. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr.
Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — No; Mrs. Gray — Yes. Said motion
passed with a 4 to 1 vote, Commissioner Frankel dissenting.
At this point, the time being 7:17 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 36 -11 (SECOND READING /SECOND PUBLIC
HEARING): Consider a privately initiated amendment to the Land Development
Regulations (LDR) Section 4.4.9. (B), "Principle Uses and Structures Permitted", and
Section 4.4.13 (B), "Principal Uses and Structures Permitted ", to clarify that bicycles
with an electric helper motor are the only motorized equipment permitted in the "rental of
sporting goods and equipment" use category.
The caption of Ordinance No. 36-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.9 "GENERAL
COMMERCIAL (GC) DISTRICT ", SUBSECTION
4.4.9(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED "; AND SECTION 4.4.13, "CENTRAL
BUSINESS (CBD) DISTRICT ", SUBSECTION 4.4.13(B),
"PRINCIPAL USES AND STRUCTURES PERMITTED ";
TO CLARIFY THAT BICYCLES WITH AN ELECTRIC -
HELPER MOTOR ARE THE ONLY MOTORIZED
EQUIPMENT PERMITTED IN THE "RENTAL OF
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SPORTING GOODS AND EQUIPMENT" USE
CATEGORY WITHIN THE GC AND CBD ZONING
DISTRICTS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
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 a
privately- initiated text amendment to the GC (General Commercial) and CBD (Central
Business District) zoning districts to clarify that bicycles with an electric helper motor are
the only motorized equipment permitted in the "rental of sporting goods equipment" use
category. The proposed text amendment is related to the establishment of the electric
experience at 1047 East Atlantic Avenue. Mr. Dorling stated this business wants to rent
bicycles that have electric helper motors to the general public at this site. The current
rental of sporting goods and equipment category is limited to non - motorized goods and
equipment. Therefore, Mr. Dorling stated the rental of motorized sporting goods is not
currently allowed in the GC or CBD. This applicant is proposing this amendment to
allow motorized bicycles to be rented as part of that category. There is a subsequent
modification to the Code of Ordinances definition of "bicycle" to also amend it to include
the electric helper motor version of bicycles that is consistent with State Statute.
At its meeting of September 8, 2011, the Community Redevelopment
Agency (CRA) reviewed this item and recommended approval; at its meeting of
September 12, 2011, the Downtown Development Authority (DDA) recommended
approval; and, at its meeting of September 13, 2011, the West Atlantic Redevelopment
Coalition (WARC) recommended approval; at its meeting of September 19, 2011, the
Planning and Zoning Board recommended approval with a 6 to 1 vote; at its meeting of
October 4, 2011, the City Commission considered this ordinance and recommended
approval to move it to second reading.
David Schmidt, Attorney representing the applicant, stated one of the
concerns about this issue is proliferation of electric bikes being rented and that Delray
Beach is going to be turned into Key West. Mr. Schmidt stated the City currently has a
restriction in the CBD (Central Business District) under LDR Section 4.4.13(H)(8) which
limits rental of sporting goods and equipment to no more than one business renting a
specific category of item every 300 feet which is the same limitation the City has on
Segways. He stated currently the definition includes mopeds. Mr. Schmidt stated the
State Statute has a specific definition for moped which is different than the definition of
bicycle. Mr. Schmidt stated there is also a concern about scooters and this really falls
under the definition of a motorcycle and requires a plate, etc.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 36 -11,
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10/18/11
the public hearing was closed.
Dr. Alperin moved to adopt Ordinance No. 36 -11 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie
— Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 39 -11: Consider an amendment to the Code of
Ordinance Section 72.02, "Definitions," to conform to the State Statute definition of a
bicycle and to place further limitations on motorized bicycles.
The caption of Ordinance No. 39 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 72, `BICYCLES ", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SECTION 72.02,
"DEFINITION ", TO CONFORM WITH STATE
STATUTE DEFINITION OF BICYCLE AND TO PLACE
FURTHER LIMITATIONS ON MOTORIZED
BICYCLES; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 39 -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 a City -
initiated text amendment to the City's Code of Ordinances Section 72.02 to modify the
current definition of bicycle to conform to the State Statutes bicycle definition which
includes the electric helper motor version.
At its meeting of October 4, 2011, the City Commission considered the
ordinance and recommended approval on first reading.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 39 -11,
the public hearing was closed.
Dr. Alperin stated we are still calling a bicycle a three wheeler or a
tricycle a bicycle. Mr. Dorling stated the States definition of bicycle would incorporate
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10/18/11
the tricycle.
Mr. Frankel moved to adopt Ordinance No. 39 -11 on Second and FINAL
Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr.
Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor MCDuffie — Yes; Mr. Carney
-- Yes. Said motion passed with a 5 to 0 vote.
10.C. RESOLUTION NO. 43 -11 /CONTRACT FOR SALE AND
PURCHASE /2216 N.E. 3RD AVENUE: Consider approval of Resolution No. 46 -11, a
contract for sale and purchase, authorizing the City to transfer Neighborhood
Stabilization Program property located at 2216 N.E. 3rd Avenue to the Delray Beach
Community Land Trust for the amount of $10.00.
The caption of Resolution No. 43 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO TRANSFER REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE BUYER AND THE CITY
OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 43 -11 is on file in the City Clerk's
office.)
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.
Lula Butler, Director of Community Improvement, stated Resolution No.
43 -11 is the approval of the transfer of the sale of property to the Community Land Trust
(CLT) and the property address is 2216 N.E. 3rd Avenue. She stated the City entered into
an agreement with the CLT for disposition of properties acquired under the
Neighborhood Stabilization Program (NSP) Program in July 2010. Mrs. Butler stated
that agreement was amended again on September 21, 2010. The CLT is required to resell
the unit and they keep the value of the land. The balance of the proceeds from the sale of
the property comes back to the City to be reinvested into the NSP Program. Mrs. Butler
stated based on the appraised value the City will make approximately $95,000.00 from
the sale of this house. Staff recommends approval of the transfer of the property address
2216 N.W. 3rd Avenue to the Delray Beach CLT under the NSP Program as required by
the City's regulations.
Mayor McDuffie declared the public hearing open.
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10 /18 /11
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL,
33483, stated not only does the sale of this property return approximately $95,000.00 to
the City it keeps the property on the tax roll. She stated there are over 4,000 properties in
the City of Delray Beach that pay no real estate taxes. Ms. Morrison stated this is a great
program and recommends that the Commission endorse it.
There being no one else from the public who wished to address the
Commission regarding Resolution No. 43 -11, the public hearing was closed.
Dr. Alperin moved to approve Resolution No. 43 -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; Dr. Alperin — Yes. Said motion
passed with a 5 to 0 vote.
10.D. RESOLUTION NO. 44 -11/ CONTRACT FOR SALE AND
PURCHASE /310 SOUTHRIDGE ROAD: Consider approval of Resolution No. 44 -11,
a contract for sale and purchase, authorizing the City to transfer Neighborhood
Stabilization Program property located at 310 Southridge Road to the Delray Beach
Community Land Trust for the amount of $10.00.
The caption of Resolution No. 44 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO TRANSFER REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE BUYER AND THE CITY
OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 44 -11 is on file in the City Clerk's
office.)
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.
Lula Butler, Director of Community Improvement, stated this item is to
transfer one properly addressed as 310 Southridge Road to the Community Land Trust
(CLT) under the same program. Mrs. Butler stated the CLT is required to sell this
property to an eligible household whose income does not exceed 120% of the Area
Median Income (AMI) as defined by HUD. Mrs. Butler stated the City expects
approximately $65,000.00 to be reinvested in the NSP Program. Staff recommends the
sale and transfer of 310 Southridge Road to the CLT for the benefit of a local eligible
household member.
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10/18/11
Mayor MCDuffie declared the public hearing open.
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL,
33483, stated not only does the sale of this property return approximately $65,000.00 to
the City it keeps the property on the tax roll. She stated there are over 4,000 properties in
the City of Delray Beach that pay no real estate taxes. Ms. Morrison stated this is a great
program and recommends that the Commission endorse it.
There being no one from the public who wished to address the
Commission regarding Resolution No. 44 -11, the public hearing was closed.
Mrs. Gray moved to approve Resolution No. 44 -11, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel -- Yes. Said motion
passed with a 5 to 0 vote.
10.E. RESOLUTION NO. 45 -11/ CONTRACT FOR SALE AND
PURCHASE /518 S.W. 9TH COURT: Consider approval of Resolution No. 45 -11, a
contract for sale and purchase, authorizing the City to transfer Neighborhood
Stabilization Program property located at 518 S.W. 9th Court to the Delray Beach
Housing Group, Inc. for the amount of $10.00.
The caption of Resolution No. 45 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO TRANSFER REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE BUYER AND THE CITY
OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 45 -11 is on file in the City Clerk's
office.)
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.
Lula Butler, Director of Community Improvement, stated staff requests
approval to donate one property acquired under the NSP Program and the address is
located at 518 S.W. 9h Court to the Delray Housing Group which is a non - profit arm of
the Delray Beach Housing Authority for the benefit and rental of the unit to a household
at or below 50% of the Area Median Income (AMI). Mrs. Butler stated the City has
entered into the agreement with the Delray Beach Housing Authority for rental housing
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10/18/11
under the NSP Program. The NSP Program requires that $500,000.00 of the $1.9 million
that was awarded to the City go back to the Delray Beach Housing Authority for the total
value of properties to be rented for a period of twenty (20) years to eligible households.
Staff recommends the transfer of this property to the Delray Beach Housing Group
pursuant to the agreement.
Mayor McDuffie declared the public hearing open.
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL,
33483, asked if this takes the property off the tax roll and if it is going to be donated to
the Delray Beach Housing Authority. Mrs. Butler stated this is correct. For the record,
Ms. Morrison stated that removes approximately $1,781 from the tax rolls in real estate
taxes for the next 20 years and if it went into the Community Land Trust that would not
happen.
There being no one from the public who wished to address the
Commission regarding Resolution No. 45 -11, the public hearing was closed.
Mayor McDuffie inquired if there is mandatory requirements that
$500,000.00 of that money has to go into rental property. Mayor McDuffie stated this is
unfortunate for the tax receipts but mandatory. Mrs. Butler stated this is correct but what
you do get is a 20 year affordable rental project for a very low income family in return.
The proceeds of the rent go to the Housing Authority and they are required to report on
any program income, responsible for the upkeep, managing and staffing of it.
Mrs. Gray moved to approve Resolution No. 45 -11, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr.
Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion
passed with a 5 to 0 vote.
10.F. RESOLUTION NO. 46 -11 /CONTRACT FOR SALE AND
PURCHASE /1505 S.W. 3RD COURT: Consider approval of Resolution No. 46 -11, a
contract for sale and purchase, authorizing the City to transfer Neighborhood
Stabilization Program property located at 1505 S.W. 3rd Court to the Delray Beach
Housing Group, Inc. for the amount of $10.00.
The caption of Resolution No. 46 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO TRANSFER REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE BUYER AND THE CITY
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10/18/11
OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 46 -11 is on file in the City Clerk's
office.)
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.
Lula Butler, Director of Community Improvement, stated Resolution No.
46 -11 is requesting permission to donate a property addressed at 1505 S.W. 3`d Court to
the Delray Beach Housing Group a non -profit arm of the Delray Beach Housing
Authority for the rental of a household whose income does not exceed 50% of the Area
Median Income (AMI). Mrs. Butler stated this is going to be transferred to them and they
have to maintain it as a rental unit for the next 20 years.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 46 -11,
the public hearing was closed.
Mr. Carney asked if we keep track of the values we give to the Delray
Housing Group and how much of the $500,000.00 have we contributed. In response,
Mrs. Butler stated the City has contributed a little over $400,000.00.
Dr. Alperin asked who owns this property and the previous property. Mrs
Butler stated the City owns these properties at this time.
Mr. Carney moved to approve Resolution No. 46 -11, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Dr. Alperin —
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 7:33 p.m., the Commission moved to Item
11, City Manager's response to prior public comments and inquiries.
II.A. City Manager's response to prior public comments and inquiries.
None.
11.8. From the Public.
11.B.1. Alice Finst, 707 Place Tavant, Delray Beach, FL, 33445, stated she sent
the Commission an email about the parking at the Milagro Center. She expressed
concern that the staff has five spaces against the sidewalk and these are permanent and
are effectively blocking the sidewalk and the parent drop off is across from the drive isle.
She stated when they get out of the car they have to walk around the car into the drive
isle to get their child out of the car and then they have to walk across the drive isle to get
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10/18/11
up to the sidewalk up to the building. Mrs. Finst suggested that the parent parking be up
by the building by the sidewalk so when they get out of the car they walk around and they
step on the sidewalk, get their child, close the car door and walk back onto the sidewalk.
She stated it would be a much safer situation.
I1.1B.2. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #21.10,_ Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach ), thanked Commissioner Frankel for continually keeping in mind the sacrifices
that the Police, Fire, and non - uniform employees made by giving up millions of dollars.
Dr. Kirson stated for everyone to keep this in mind when spending taxpayers' dollars.
I1.B3. Rose Hendrix, P.O. Box 6162, Delray Beach, FL 33482, stated she was
present on September 20, 2011 asking the City Manager to intervene on a situation where
Tonya Smith filed a false police report on her indicating that Ms. Hendrix was upset that
Ms. Smith had to discipline her child who was attending the Community Center Aftercare
Program.
The City Manager stated this is a private dispute between Ms. Hendrix and
Ms. Smith and they have to work it all through the legal system. The City Manager
stated this does not involve the City.
At this point, the time being 7:41 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 37 -11: Consider a city initiated amendment to the
Land Development Regulations (LDR) Section 4.5.3, "Flood Damage Control
Districts ", Subsection (D) "Construction Standards ", to modify the section while
maintaining compliance with State Statutes. If passed, a public hearing will be held on
November 1, 2011.
The caption of Ordinance No. 37 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.5.3, "FLOOD DAMAGE
CONTROL DISTRICTS ", SUBSECTION (D)
"CONSTRUCTION STANDARDS ", TO MODIFY THE
SECTION WHILE MAINTAINING COMPLIANCE
WITH STATE STATUTES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
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10/18/11
(The official copy of Ordinance No. 37 -11 is on file in the City Clerk's
office.)
Mayor McDuffie stated that staff requested that Item 12.A., Ordinance No.
37 -11 be removed from the Agenda.
Mr. Frankel moved to remove Ordinance No. 37 -11 from the Agenda,
seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin —
Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes.
Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 38 -11: Consider an annexation (via the provisions of
the executed Agreement for Water Service and Consent to Annexation) with initial City
zoning of CF (Community Facilities) for Lago Vista, located at the southeast corner of
Linton Boulevard and the LWDD E -3 Canal. If passed, a public hearing will be held on
November 1, 2011.
office.)
The caption of Ordinance No. 38 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRAY BEACH, A
PARCEL OF LAND LOCATED AT THE SOUTHEAST
CORNER OF LINTON BOULEVARD AND LWDD E -3
CANAL, AS THE SAME IS MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO
COMMUNITY FACILITIES (CF); PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 38 -11 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated this item is
for the Commission to approve a City - initiated annexation (via the provisions of an
executed Water Service Agreement) of the "Lago Vista" property and initial zoning of
CF (Community Facilities) for a 6.12 acre site located on the south side of Linton
Boulevard west of the Delray Medical Center (Delray Hospital) and east of Canal E -3.
Mr. Dorling stated this contains a 44,514 square foot nursing home with 120 units built in
1984. The annexation agreement was part of a modified water service agreement that
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10/18/11
was executed in March 1999 and that agreement covered the annexation of several
parcels including the shopping center, the hospital and another piece. The associated
land use amendment will be considered along with this ordinance when it comes to
second reading.
At its meeting of July 18, 2011, the Planning and Zoning Board
considered this item and recommended approval at that time. Staff recommends
approval.
Dr. Alperin moved to approve Ordinance No. 38 -11 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel —
Yes; Mrs. Gray -- Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes.
Said motion passed with a 5 to 0 vote.
At this point, the time being 7:45 p.m., the Commission moved to Item
13, Comments and Inquiries on Non- Agenda Items from the City Manager, City
Attorney, and City Commission.
13. COMMENTS AND INQUIRIES ON NON- AGENTDA ITEMS.
13.A. City Manager
The City Manager stated the Florida League of Cities has voted to rebate
25% of their dues from last year.
Secondly, the City Manager stated he attended the Alliance For Innovation
Big Ideas Conference and they discussed three different subjects; creating place both in
the physical sense and in social places for people to interact, where the next generation of
municipal employees will come from, what the new social contract will be between cities
and their employees, and service delivery and what services people will expect in the
future and how we might deliver them. The City Manager stated papers where prepared
by different university professors about what may happen in the future to cities and it was
very useful as well as the tidbits that we can implement in improving our own services.
Lastly, the City Manager stated there is a Resolution in Congress
introduced by Representative Hastings, Representative West, and Representative Deutsch
commemorating the City's 100'h Centennial. The City Manager stated there was also an
entry into the Congressional Record by Representative Hastings and this will be
displayed in the appropriate location.
13.B. City Attorney
The City Attorney had no comments or inquiries on non - agenda items.
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13.C. City Commission
13.C.1. Mr. Frankel
Mr. Frankel stated there was an event last Friday night at Old School
Square where they had a concert and food trucks and he has received numerous
compliments on this event. He stated it was well attended and greatly run.
Secondly, Mr. Frankel stated approximately a year ago the Commission
had discussed the Elections and some of the topics were signatures that were required, a
referendum on the ballot, and changing potentially a term from two years to three years
saving a city -wide Election at a large cost every third year. Mr. Frankel suggested that
the Commission place this on the November 8h Workshop Meeting.
13.C.2. Mrs. Gray
Mrs. Gray stated now that we are members of the National League of
Cities again she would like an update on the prescription drug program.
Secondly, Mrs. Gray stated the Net Ball Competition at Pompey Park was
a great success and there were teams from Jamaica, New Zealand, Texas, Fort
Lauderdale, Miami and a group of local children. Mrs. Gray thanked Abbey Murrell and
staff for all their hard work and stated over 200 people were in and out of Pompey Park
all day and they also visited the downtown area.
Mrs. Gray thanked everyone for the reconsideration of the Pompey Park
Concession Stand.
Lastly, Mrs. Gray stated she received a complaint about the fencing along
the cemetery and Auburn Trace. She stated the fence is down and people are walking
back and forth through the cemetery.
13.C.3. Mr. Carney
Nlr. Carney had no comments or inquiries on non- agenda items.
13.C.4. Dr. Alperin
Dr. Alperin stated he attended a few board meetings and feels we need to
educate our Board members on what the term "All- America City" means so they do not
misrepresent what we are and what it means. In addition, Dr. Alperin suggested that
Roberts Rules be enforced at these meetings because he stated it would help the meetings
to move a little quicker and stay on task.
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10/18/11
13.C.5. Mayor McDuffie
Mayor McDuffie stated he attended the concert event at Old School
Square and the food was excellent and it was a terrific event.
Secondly, Mayor McDuffie commented about the Net Ball Competition.
Mayor McDuffie stated he and Mr. Dorling attended a Roundtable with
Congressman Allen West and the U.S. Army Corps of Engineers and the City's
reimbursement from the Federal Government on Beach Renourishment (roughly $5
million) is gone. Mayor McDuffie stated it will not be available to the City of Delray
Beach this year and they are even questioning whether it will be available next year. He
stated about 45% of the money comes from the State and County. Mayor McDuffie
stated the Corps of Engineers got everybody from the top of Palm Beach County through
Dade County and they are putting some of the port projects that they had in these ports
through here on hold as well. He stated there was also some discussion about the Hubert
Hoover Dike around Lake Okeechobee as well.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 7:57 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 October 18, 2011, which Minutes were formally approved and adopted by the City
Commission on November 1. 2011.
I % , �). \, V\
City Clerk
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10/18/11
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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10 /18 /11