12-13-11 Regular City Commission MeetingDECEMBER 13, 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, December 13, 2011.
1. Roll call showed:
Present- Commissioner Tom Carney
Commissioner Jay Alperin
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Michael McClure with
West Park Baptist Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor McDuffie stated there is revised information on Item 8.1,
Amendment to the Third Addendum to the Contract for Sale and Purchase /310
Southridge Road. He stated there is additional information for Item 9.13., Appeal of An
Administrative Interpretatio"oston's Restaurant and for Item 9.H., Request for
Oualifications (RFO) Responses for Local Enerp-v Assurance Planninff (LEAP) &
Training
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.
5. APPROVAL OF MINUTES:
Mrs. Gray moved to approve the Minutes of the Workshop Meeting of
November 8, 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.
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Mr. Frankel moved to approve the Minutes of the Special Meeting of
November 29, 2011, seconded by Mrs. Gray. 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:
6.A. None
7. PRESENTATIONS:
7.A. RESOLUTION NO. 55 -11: Approve Resolution No. 55 -11 recognizing
and commending Joanna M. Weaver for 30 years of dedicated service to the City of
Delray Beach.
The caption of Resolution No. 55 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING JOANNA M. WEAVER FOR
THIRTY YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH.
(The official copy of Resolution No. 55 -11 is on file in the City Clerk's
office.)
Mayor McDuffie read and presented Resolution No. 55 -11 to Joanna M.
Weaver for thirty (30) years of dedicated service to the City of Delray Beach.
Dr. Alperin moved to approve Resolution No. 55 -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.
Brian Shutt, City Attorney, came forward and gave a few brief comments.
Joanna W. Weaver came forward to accept the proclamation and gave a few brief
comments.
7.B. RESOLUTION NO. 56 -11: Approve Resolution No. 56 -11 recognizing
and commending Gail Vanhove for 30 years of dedicated service to the City of Delray
Beach.
The caption of Resolution No. 56 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
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AND COMMENDING GAIL VANHOVE FOR THIRTY
YEARS OF DEDICATED SERVICE TO THE CITY OF
DELRAY BEACH.
(The official copy of Resolution No. 56 -11 is on file in the City Clerk's
office.)
Mayor McDuffie read and presented Resolution No. 56 -11 to Gail
Vanhove for thirty years of dedicated service to the City of Delray Beach.
Mr. Frankel moved to approve Resolution No. 56 -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.
Gail Vanhove, Administrative Assistant, came forward to accept the
proclamation.
Linda Karch, Director of Parks and Recreation, and Alberta Gaum, Project
Coordinator/Parks and Recreation, came forward and gave a few brief continents.
7.C. Planet Footprint Environmental Metrics and Scorecard — Richard
Reade
Rich Reade, Sustainability Officer, stated staff has been working on an
Environmental Scorecard and Metrics Program and this was recommended as part of the
2009 Green Task Force Report. Mr. Reade stated recently the City Manager attended a
conference and identified Planet Footprint who is out of Australia and they have an office
in the United States. Mr. Reade stated they go out and collect the different environmental
data whereas the City staff would normally have to do that. Mr. Reade stated Planet
Footprint helps the City with reporting and monitoring energy (electric and gas), water
(potable water, reclaimed water and waste water), fleet (fuel both in regular gas, diesel
and propane), waste and recycling, and greenhouse gas performance to improve
efficiency and effectiveness of the City. Mr. Reade stated it allows staff to track various
environmental data that occurs not only within the organization but also within the
community. He displayed a chart and explained that it shows 2011, 2010, and 2009 and
the City has been status quo with the recycling and it gives the City an opportunity where
we can make some improvements in recycling. Mr. Reade stated recycling is revenue to
the City on the residential side. Therefore, Mr. Reade stated it is important for the City to
do it for the environmental benefit but it also helps the sanitation fund. Mr. Reade stated
Delray Beach is the first community to use this in Florida so we have been identified as
the "showcase community" with Planet Footprint. Mr. Reade stated the entire project to
date has been funded through the City's Energy Efficiency and Conservation Block Grant
( EECBG) and staff anticipates next year's to also be funded through the EECBG
allocation.
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Mrs. Gray asked what the maintenance will be per year after the grant
dollars run out. Mr. Reade stated the first year the City was at a reduced rate because we
were considered a showcase city.
7.D. The Plastridee Insurance Agency — Connor Lynch (ADDENDUM
Connor Lynch stated Plastridge is pleased to be the agent for the City of
Delray Beach and thanked the City Commission for the opportunity. Mr. Lynch stated
the City of Delray Beach is insured through the Florida Municipal Insurance Trust which
is run by the Florida League of Cities. He stated since the Trust is owned by its member
of municipalities it is not designed to make a profit and in the event of a surplus these
monies are returned to its membership on a pro -rated basis. Mr. Lynch stated the surplus
comes from the fact that we did not have a large hurricane event and this is the return
premium for the 2009/2010 policy period. Mr. Lynch presented the City of Delray Beach
with this year's return premium in the amount of $267,245.00. W. Lynch thanked Frank
Babin, Risk Manager and the Risk Management Department for their diligent work on
the City's insurance program.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. LANDSCAPE MAINTENANCE AGREEMENT/DECK 84: Approve
a Landscape Maintenance Agreement between the City and Delray Beach Associates,
Inc. for Deck 84 located at 840 East Atlantic Avenue.
S.B. ADDITIONAL SCOPE/INTERCOUNTY ENGINEERING,
INC.: Approve an additional scope of services with Intercounty Engineering, Inc. for the
removal of 2,000 linear feet of 2" water main and approval for the amount of $16,000.00
to be paid from the Contract's Utility Allowance for the Osceola Park Water Main Phase
2 Project.
8.C. CEIANGE ORDER NO. 2 /MURRAY LOGAN CONSTRUCTION,
INC.: Approve Change Order No. 2 with Murray Logan Construction, Inc. for a
contract time extension of thirty (30) days due to unexpected job site conditions for the
Mangrove Park Boat Ramp Reconstruction.
8.D. PROPOSED CHANGES TO THE GENERAL EMPLOYEES
RETIREMENT PLAN PENSION FUND INVESTMENT POLICY: Approve
proposed changes to the General Employees Retirement Plan Pension Fund Investment
Policy.
8.E. AMENDMENT NO. 1 TO THE JOINT PARTICIPATION
AGREEMENT (JPA)/FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT): Approve Amendment No. 1 to the Joint Participation Agreement (JPA) with
the Florida Department of Transportation (FDOT) to extend the current expiration date to
December 31, 2012 to be consistent with the time allotted for the one -year maintenance
of the project associated with the West Atlantic Avenue Landscape Median Project.
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8.F. REQUEST FOR PROPOSAL (RFP)/OFF -DUTY DETAIL
PROGRAM: Approve the RFP Selection Committee's recommendation of the Delray
Beach Public Library to administer the Police Department's Off -Duty Detail program.
8.G. FY 2012 STATE LEGISLATIVE PRIORITIES: Approve the City's
proposed 2012 State Legislative Priorities.
8.H. BONUS PAYMENT TO JCD SPORTS GROUP, INC.: Approve FY
2010/2011 bonus payments to JCD Sports Group, Inc. for golf course operations in the
amount of $16,620.00 and for Tennis Center operations in the amount of
$6,909.00. Funding is available from 445 -4711 -572 -34.90 (Delray Beach Municipal Golf
Course Fund: Other Contractual Service), 446 - 4711 - 572 -34.90 (Lakeview Golf Course:
Other Contractual Service), 001 - 4215 -575 -34.90 (General Fund: Operating Expenses -
Miscellaneous /Other Contractual Service) and 001- 4210 -575 -34.90 (General Fund:
Operating Expenses- Misc/Other Contractual Service).
8.I. CONTRACT ADDITION (CHANGE ORDER NO. 2VBRANG
CONSTRUCTION, INC.: Approve Contract Addition (Change Order No. 2) with
Brang -Construction, Inc. in the amount of $15,471.00 for one (1) additional bus shelter as
requested by Palm Tran and for a contract time extension of 208 days for the ARRA Bus
Shelters Project. Funding is available from 101 -3163 -544 -65.70 (ARRA Economic
Stimulus FD: Other Improvements/Transit Stop Bus Shelters).
8.J. AMENDMENT TO THE THIRD ADDENDUM TO THE
CONTRACT FOR SALE AND PURCHASE /310 SOUTHRIDGE ROAD: Approve
an Amendment of the third addendum to the contract to sell /transfer one (1) NSP
property to the Delray Beach Community Land Trust (DBCLT) for the benefit and resale
of the unit to a household with an income less than one - hundred percent (120 %) of Area
Median Income (AMI) as determined by HUD.
8.1c REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period December 5, 2011 through December 9, 2011.
8.L. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Duraclean Restoration and Remediation in the
amount of $24,884.73 to abate the mold and asbestos inside the
building at 80 Depot Avenue. Funding is available from 334 -6111-
521 -46.90 (General Construction Fund: Repair & Maintenance
Services /Other Repair/Maintenance Costs).
2. Purchase award to Chemical Lime Company of Alabama, Inc. at
an annual estimated cost of $750,000.00 for the purchase of bulk
quicklime via the City of Boynton Beach Bid No. 005- 2821- 09 /JA.
Funding is available from 441 - 5122 -536 -52.21 (Water and Sewer
Fund: Operating Supplies/Chemicals).
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Mr. Frankel moved to approve the Consent Agenda as amended, 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.
9. REGULAR AGENDA:
9.A. APPEAL OF SITE PLAN REVIEW APPEARANCE BOARD'S
DECISION: BOSTON'S RESTAURANT: Consider an appeal of a Site Plan Review
Appearance Board's Decision to approve the Class V site plan, landscape plan and
architectural elevations for the proposed Boston's Restaurant expansion located at 40
South Ocean Boulevard. (Quasi- Judicial Hearing)
Mayor McDuffie read the City of Delray Beach Quasi - Judicial 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.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he received letters from the appellant a couple of
weeks ago; he previously received a tour from a representative from Ocean Properties
before the new Boston's opened; and had lunch upstairs at Boston's with no
communications (same for Item 9.A. & 9.B.). Mrs. Gray stated she had no ex parte
communications to disclose except for the mail the Commission received. Mayor
McDuffie stated in addition to the letter he had five emails from the public which he will
forward to the City Clerk. Mayor McDuffie stated some time ago the applicant came
before the Commission and stated Tom McMurrian is his cousin and Ms. Ruby at the
time researched to see if there was any conflict and there is not therefore he will be
voting on this item. Mr. Carney stated he had a brief conversation with the architect of
Currie Sowards Aguila Architects and a passing conversation with Attorney Michael
Weiner not discussing the issue but just saying that it would be coming before the Board.
He had a conversation with architect Gary Eliopoulos about the effect of walls, etc. on
noise mitigation. Dr. Alperin stated he received the same letters and emails and no
discussion.
Paul Dorling, A1CP, Director of Planning and Zoning, entered the
Planning and Zoning project file #2011 -194 into the record. Mr. Dorling stated staff
received an additional letter of opposition today.
Mr. Dorling stated on October 26, 2011, the Site Plan Review and
Appearance Board (SPRAB) approved a Class II site plan modification which did have
some minor changes to the alignment of the entry and exit driveways and some parking
improvements to the existing parking lot in association with the revamping of the existing
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Boston's building. He stated that was followed up with a Class V site plan which
provided additional parking to the rear, three new accessory structures for storage, men
and women's restrooms, construction of a new outdoor bar, platform deck, lobster cooker
but and outdoor seating and dining areas on property immediately to the south of the
existing Boston's restaurant which was previously occupied by Bermuda Inn. Mr.
Dorling stated on November 23, 2011, the Commission received a letter from an attorney
and his wife, owners of Unit #1 immediately to the south. Staff believes that the Class V
approval is for outdoor dining use and does not include elements which are potentially
incompatible with these residential uses like the outside music. Mr. Dorling stated the
appeal outlines reasons for the appeal and center around the compatibility of this use with
adjacent residential properties. He stated while the appeal talks about the appropriateness
of the entire outside use including dining there is a significant concern with respect to
outside entertainment. Mr. Dorling stated staff believes that the Class V approval is for
outside dining use and does not include elements which are potentially incompatible with
these residential uses like the outside music. Mr. Dorling stated not including outside
hours nor hours of operation past midnight, staff believes that SPRAB made the required
findings for the Class V and that the appeal should be denied, upholding SPRAB's
decision.
Zorian Sperkacz, 12000 Biscayne Boulevard #415, Miami, FL 33181
re resentin the Brannen's stated the Brannen's property is the closest property to
this development and they oppose the entire development. Mr. Sperkacz stated in the
alternative they feel there should be additional mitigation measures that should be
mandated by the Commission before allowing any of the outdoor dining and bar. Mr.
Sperkacz stated the area to the south is all residential and the Commission has gone
through great efforts to keep that area low density. He stated this used to be a little motel
that had very little traffic, there is virtually no buffer between the north wall and the two -
way driveway on the south side of this property. Mr. Sperkacz stated the applicant has
put a wall up around the dining area to protect their patrons from the traffic on that
driveway but they have not done anything to protect the condominium on the south
property line from traffic. Mr. Sperkacz stated page 12 & 13 of the November 9, 2011
staff report focuses on two issues in determining that this project is harmonious and
compatible with the residential area but they are only looking at if there is going to be
live entertainment and as long as they close at midnight they can allow this as a
harmonious compatible use. Mr. Sperkacz stated they feel that live entertainment is
inconsistent with a residential neighborhood 30 -40 feet away and do not feel that closing
at midnight is sufficient to protect the residents. Mr. Sperkacz suggested that 9:00 p.m.
would be the end of service with 10:00 p.m. for the outdoor area being closed altogether.
He stated they are also concerned about traffic along that south driveway back and forth
particularly at closing time. He stated there is no buffer between the driveway and the
wall of his clients unit and suggested to put up a wall along the south side of the driveway
on the north edge of the Bahama House property line in addition to the wall that they are
putting around their patrons to protect them from that driveway. Mr. Sperkacz stated it is
his understanding that there was no consideration given from SPRAB regarding the odor
from the commercial lobster cooker going into the condominium unit. Mr. Sperkacz
stated they agree with the Planning and Zoning Board's interpretation that live
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entertainment should not be permitted with this use but in the event that the Commission
feels that it is an accessory use, SPRAB and Planning and Zoning could have imposed
additional conditions as part of approval of the Class V site plan.
Alan Ciklin, representing the owners of Boston's (Applicant). 515
North Flader Drive, West Palm Beach, FL, stated this is not a residentially zoned
piece of property; it is in the CBD (Central Business District) category and this type of
use is a permitted use within that district. Mr. Ciklin stated SPRAB approved the
Boston's site plan on November 9, 2411 and spent over an hour discussing the
compatibility issues. He stated residents from the Bermuda House appeared, asked
questions, and supported the project. Mr. Ciklin stated neither Mr. nor Mrs. Brannen was
at the SPRAB hearing and it makes it very difficult for them to appeal a decision that
they were not a part of. Mr. Ciklin stated their appeal is based on two citations; one is
Housing Element Policy A -11.3 which states "In evaluating proposals for new
development, the City shall consider the effect that the proposal will have on the stability
of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and
circulation patterns shall be reviewed in terms of their potential to negatively impact the
safety, habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied." He stated SPRAB unanimously approved that there was
not a degradation of any neighborhood. Mr. Ciklin stated the second portion of their
appeal sites a Code section that does not exist. He stated it may have been a
typographical error and noted the "s" at the end of the LDR section probably should have
been a "5" and that section states "the approving body must make a finding that
development of the property pursuant to the site plan will be compatible and harmonious
with adjacent and nearby properties in the city as a whole so as not to cause substantial
depreciation of property values." He stated the other was that the project had to result in a
degradation of a neighborhood none of which was considered to be the case in the
SPRAB approval. Mr. Ciklin stated the substantial competent evidence is the testimony
at SPRAB, the official file, and the testimony and recommendation of staff. Mr. Ciklin
stated there is no substantial competent evidence to grant this appeal.
Bob Currie. Architect with Currie Sowards Aquila Architects, stated
resident of the adjacent property, stated this project is going to be a great asset to the
community. Mr. Currie stated everyone else in the condominium is in approval of this.
Mr. Currie stated there was a motel there that was is disrepair and it had a swimming pool
and it was all open to the development and noted they had plenty of noise that way. Mr.
Currie stated they have gone to great lengths to mitigate the noise by putting up a wall, a
landscape island, another landscape island, and a 12 foot hedge.
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.
Dr. Victor Kirson, D.D.S., 2054 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), stated this is an asset to Delray Beach and he loves
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the idea.
There being no one else from the public who wished to address the
Commission regarding the appeal, the public hearing was closed.
Mr. Sperkacz stated the Brennan's did not get notice of the proceedings
until the day after the SPRAB hearing and they specifically written a letter earlier and
asked that the City give them notice of the hearing. Therefore, Mr. Sperkacz stated the
reason the Brennan's did not attend because they did not know about it.
Mr. Dorling stated there is no required notice but there is a Comp Plan that
talks about neighborhood groups and can receive notice. Mr. Dorling stated the City
sent a courtesy notice on October 2e to the representative for the Bahama House as well
as the Bahama House condo. He stated the notice for the Bahama House condo was
returned undeliverable and the one to the association to Matt Gracey was received. Mr.
Dorling stated after receiving one of the notices back staff did provide a copy of a
courtesy notice which was posted on the property on November 7, 2011 in the internal
courtyard area and a copy was mailed to each condo owner. Mr. Dorling stated there
were several attempts to notice on this property.
Mr. Ciklin stated Mr. Gracey is an officer of the association and appeared
at the SPRAB hearing, asked some questions, and offered his endorsement of the project.
Mr. Carney stated he is generally troubled by notice at times when people
are out of town and things take a while to get to them. Mr. Carney expressed concern
that this would go until midnight so close to a residential neighborhood. Mr. Carney
stated the City did comply with the Statute as it relates to notice but he does acknowledge
that there are some issues with respect to noise and great efforts were made to mitigate
that with respect to the hedge and the walls.
Dr. Alperin concurred with comments expressed by Commissioner
Carney. Dr. Alperin asked if by the acceptance of the site plan of the platform commits
any board of the City to entertainment just because there is a platform. Mr. Dorling
stated in the staff report and discussions during the SPRAB meeting it was made clear
that any outside entertainment performed on the platform would require an additional
conditional use process in which appropriate mitigation measures could be applied. Mr.
Dorling stated that is subject to appeal by the applicant on the next agenda item. Dr.
Alperin stated he wanted to make sure that if it is approved it does not mean the platform
will be used for that purpose.
Mrs. Gray stated the applicant asked about the odor from the lobster
cooker and asked if something can be done about this. Mr. Ciklin stated the lobster
cooker has been eliminated and noted it is just a summer kitchen and outdoor grill.
Mr. Frankel stated he has been to Boston's and the improvements that
have been made to the indoor area are remarkable. Mr. Frankel stated he has no doubt
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that the proposed outdoor area is going to be the same. He stated there have not been any
other complaints about this in particular many members of the BPOA in the audience
who are very vocal when there is a problem in that area and did not see anyone come to
the microphone to complain. In addition, Mr. Frankel stated SPRAB was unanimous in
their approval. Therefore, Mr. Frankel stated he will support denying the appeal.
Mayor McDuffie stated when the Commission is presented with issues of
noise everyone becomes very sensitive because there are issues of noise that we deal with
downtown on a regular basis. Mayor McDuffie stated as testimony went this evening his
concern would be outdoor music and at this point there is none. He stated if that were to
happen it would have to be brought before a board or the City Commission. The
Commission is very sensitive to that and they would take a strong look at music and the
times of day that it is played. Mayor McDuffie stated multiple boards in the City are
seated to review these things. He stated he is looking for substantial competent evidence
for the Commission to overturn a decision that was made a competent board in the city
and he hears none.
Dr. Alperin asked if the lack of a lobster cooker become part of the record
in the vote. The City Attorney stated he would like to get the applicant's consensus on
that and put a condition on the Board Order that the lobster cooker is removed and it will
be replaced by an outdoor grill that meets all the City codes.
The City Attorney 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 (denying the
appeal) subject to the following conditions set forth in Exhibit C and D as well as the
condition that provides the removal of the lobster cooker with a grill apparatus, 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.
9.B. APPEAL OF AN ADMINISTRATIVE
INTERPRETATION/BOSTON'S RESTAURANT: Consider the appeal of an
administrative interpretation by the Director of Planning and Zoning that a conditional
use approval is required for the outdoor entertainment component to be located on
the Boston's Restaurant expansion area located at 40 South Ocean Boulevard. (Quasi -
Judicial Hearing)
Alan Ciklin, Attorney, stated they have spoken to Mr. Brannen's lawyer and
Mr. Dorling and requested to postpone this item to the January 3, 2012 agenda and make an
effort to reach out to Mr. Brannen and see if they can resolve the issue and satisfy him.
Mr. Carney moved to postpone Item 9.B. to a date certain of January 3,
2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr.
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Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie
— Yes. Said motion passed with a 5 to 0 vote.
9.1C. WAIVER REQUEST /302 N.E. 7TH AVENUE: Consider a waiver
request to Land Development Regulations (LDR) Section 4.6.7(E)(7), "Design Standards
Matrix ", which requires signs be located at least 10' from any property line, to permit the
sign to be located 5' from the front and side street property lines for 302 N.E. 7th
Avenue. (Quasi - Judicial Heaving)
Chevelle D. Nubin, City CIerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, AICP, entered the Planning and Zoning project file #2012-
022 into the record.
Mr. Dorling stated this item is before the Commission for approval of a
waiver to LDR Section 4.6.7(E)(7) to permit a business sign within ten feet of both the
front and side street property lines. He stated it is within five feet of both the south and
east property lines and requires a waiver. The LDRs require a ten foot setback.
At its meeting of December 7, 2011, the Historic Preservation Board
(HPB) approved with conditions a Certificate of Appropriateness (COA) for the
installation of a new freestanding sign and the Board recommended approval of the
associated waiver. Staff recommends approval of the waiver request.
Mayor McDuffie asked if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forward at this time. There
being no one from the public who wished to address the Commission regarding the
waiver request, the public hearing was closed.
No cross - examination or rebuttal.
Dr. Alperin asked if this is approved can the applicant increase it to the
maximum size or can they make it so that it has to that size and no bigger. Mr. Dorling
stated if the applicant came to HPB with a bigger sign that had the same dimensions; this
waiver would apply to that. Dr. Alperin asked if the Commission can make this waiver
restricted to this size and not allow them to go to the maximum size.
The City Attorney suggested that the Commission can make a condition
that this applies to the sign that has already been approved currently by HPB. The City
Attorney stated if they want to make a change in the size of the sign they would go back
to HPB but then they would also have to come back to the Commission to modify that
condition.
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It was the consensus of the Commission that this applies to the sign that
E was currently approved by HPB as evidenced in the photo that has been provided to the
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Commission.
For clarification, Dr. Alperin asked if this ordinance has any impact on
bed and breakfast. Mr. Dorling stated it would not apply.
The City Attorney 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 as presented subject to the
condition for the Certificate of Appropriateness (COA) that was approved for the sign as
it relates to the dimension and the size of the sign, 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.
9.D. ALLEY NAMING REQUEST: Consider a request to name the alley
east of N.E. 3rd Avenue, running between N.E. 3rd Street on the south; and N.E. 4th
Street on the north, as "Artists Alley ".
Randal Krejcarek, City Engineer, stated this item was initiated by a
resident of Delray Beach. The alley is a north -south alley located east of N.E. 3rd Avenue
and running between N.E. 3rd Street on the south; and N.E. 4th Street on the north. The
request is to name the alley in Pineapple Grove as "Artists Alley ". The City has a general
policy to not rename streets. The City Manager stated the alley is unique and currently
they are addressed off 4d' and it would make more sense to have them addressed off the
alley.
Dr. Alperin stated he would like to hear from Pineapple Grove Association
and the people who will be using that name on the street. He stated he does not feel the
City should be making a decision based on one recommendation.
Mr. Frankel expressed concern that this sets a precedent.
Mr. Carney moved to postpone the alley naming request, 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.
9.E. HOUSING REHABILITATION GRANT /CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract to the second lowest
responsive bidder, All Phase Roofing & Construction, through the Disaster Recovery
Initiative (DRI) Program for 401 S.W. 10th Street in the amount of $32,422.65. Funding
is available from 118- 1960 -554 -49.19 (Neighborhood Services: Other Current
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Charges /Housing Rehabilitation).
Lula Butler, Director of Community Improvement, stated this item is to
approve the award for a housing rehabilitation grant awarded to the second lowest
responsive bidder. Mrs. Butler stated this property is located at 401 S.W. 10" Street.
Staff recommends All Phase Roofing & Construction in the amount of $32,422.65. Mrs.
Butler stated staff is using a professional in -house estimate to determine if we have good
bids. The bids were advertised on August 9, 2011 and the bids were opened on
September 6, 2011. The City received four (4) bids and range between $21,000.00 and
$55,000.00. Mrs. Butler stated staff uses is in -house policy to. determine what is a fair
bid because they do these rehabs with property owners still living in their homes and the
policy serves to disqualify unreasonably low bids to protect against resulting in change
order requests. She stated this bid was 38% below the in -house estimate. Staff consulted
with Palm Beach County Housing and Community Development that supplies these
dollars. They agreed to allow the lowest bidder to withdraw his bid. Therefore, staff
recommends awarding the bid to the second lowest responsive bidder in the amount of
$32,422.65.
Mr. Frankel moved to approve the Housing Rehabilitation bid to All Phase
Roofing & Construction (second lowest responsive bidder) in the amount of $32,422.65,
seconded by Mrs. Gray. 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. REQUEST FOR QUALIFICATIONS (RFQ) RESPONSES FOR
ENGINEERING CONSULTANTS /CAPITAL IMPROVEMENT PROJECTS
(CIP): Consider approval of the Engineering RFQ (RFQ# 2012 -06) short list and
authorization for staff to negotiate contracts with each firm on the short list. Project #12-
057.
Randal Krejcarek, City Engineer, stated this item is for Commission
approval for staff to enter into continuing contract agreements with five (5) engineering
firms. Mr. Krejcarek stated staff advertised in October 2011 for a Request for
Qualifications (RFQ) for projects in the Capital Improvement Program (CIP) as potential
projects that would be handled underneath these continuing services. He stated thirty -
four (34) firms responded and the committee unanimously agreed on the following five
firms: Matthews Consulting, Kimley -Horn & Associates and Calvin, Giordano &
Associates, Corzo Castella Carballo Thompson Salman, and Wantman Group. Mr.
Krejcarek stated since he has been with the City they have gone out for engineering
RFQ's in 1999, 2003, 2007 and 2011. He stated in 2003 staff chose five firms and two of
the firms were new firms at the time and they did not perform up to standards and as a
result ended up with three firms. Mr. Krejcarek stated this is why staff is going with five
(5) firms this time.
Dr. Alperin expressed concern about some irregularities in the scoring and
ranking. Dr. Alperin stated when he reviewed the RFQ's he noticed that Craig A. Smith
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has 3 -D technology of finding underground problems. He stated if there is a technology
available that will avoid having that kind of problem and expense; he does not know why
they were not ranked higher.
Mr. Carney commented about the 3 -D technology to find underground
problems and asked if it is relevant. Mr. Krejcarek stated he does not feel it is relevant
because the process staff uses they feel comfortable with and have been very successful
with it.
Mr. Krejcarek stated what staff found to be a better way of handling and
identifying where the underground utilities are is by doing soft digs. He stated staff will
layout the initial layout of the underground pipes, identify the areas where there is
potential conflicts and then do soft digs to find that pipe where the conflict is going to be.
Mr. Krejcarek stated staff has had very good success in the past few years doing it this
way and noted that it is less costly doing it with the soft digs. Mr. Krejcarek stated staff
has been very successful in identifying existing facilities underground using this
technique and staff feels very confident in the results that they get.
Mrs. Gray asked if this group can be added to the list of names. Mr.
Krejcarek stated in their proposals there are other firms that also suggested that they were
going to use that same technology.
Dr. Alperin asked how they are getting it if Craig A. Smith is saying they
have exclusive rights to use it. Mr. Krejcarek stated he would have to research this.
The City Manager stated you have to be careful choosing a firm based on
one aspect of their service and perhaps technology should be included in the scoring. The
City Manager stated there are other factors as well in providing good quality service.
The City Attorney suggested that if the Commission would like a new
technology aspect to be weighted in this then the City would not accept any of these and
give staff direction to go back out again. The City Attorney stated we would have to do
another RFQ with language like that in the RFQ to that everyone is bidding on everything
equally.
The City Manager asked if staff re -did the process how long would it take.
Mr. Krejcarek stated it would take approximately three months.
Dr. Alperin moved to approve the short list for the engineering RFQ to
include the five firms and add Craig A. Smith to negotiate the contracts, seconded by
Mrs. Gray. 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.
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9.G. REQUEST FOR QUALIFICATIONS (RFQ) RESPONSES FOR
LAND SURVEYING CONSULTING SERVICES /CAPITAL IMPROVEMENT
PROJECTS (CIP): Consider approval of the Land Surveying Consulting Services RFQ
(RFQ# 2012 -07) responses short list and authorization to negotiate contracts with each of
the five (5) companies on the short list. Project #12 -058.
Randal Krejcarek, City Engineer, stated this is second of three RFQ's that
staff put out in October. Mr. Krejcarek stated this is for the surveying continuing
contract which staff received 22 responses. Staff is looking to enter into an agreement
with the following five (5) companies: Avirom & Associates, Inc., Bruce Carter &
Associates, Inc., Dennis J. Leavy & Associates, Inc., Wantman Group, Inc. and Caulfield
& Wheeler, Inc.
Mr. Carney moved to approve the short list and authorization to negotiate
contracts with the short listed firms, 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.
9.H. REQUEST FOR QUALIFICATIONS (RFQ) RESPONSES FOR
LOCAL ENERGY ASSURANCE PLANNING (LEAP) & TRAINING: Consider
approval of the ranking of respondents to Request for Qualifications (RFQ) #2011 -16 for
Local Energy Assurance Planning & Training and authorization for staff to negotiate a
contract with the top ranked firm.
Doug Smith, Assistant City Manager, stated this item is to consider
approval of a ranking of the respondents that we receive for a Request for Qualifications
(RFQ) for Local Energy Assurance Planning & Training grant the City received. Mr.
Smith stated only two firms responded to this Langton Associates, Inc. and EMC
Engineers, Inc. (a subsidiary of Eaton Corporation). Mr. Smith stated the staff committee
hears presentations from these firms and today the committee went through their
rankings. Mr. Smith stated the overall rankings worked out with Langton Associates,
Inc. as the number one ranked firm and EMC Engineers, Inc. as the second ranked firm.
Mr. Smith stated although there was not a consensus in the ranking among the staff
committee as a committee they recommend Commission authorization for staff to enter
into negotiations first with Langton Associates, Inc. and if that contract does not work out
to move onto EMC Engineers, Inc. He stated in either case the agreement will come back
to the Commission for approval.
Mr. Carney moved to approve the Request for Qualifications (RFQ)
Responses for Local Energy Assurance Planning (LEAP) & Training, seconded by Mr.
Carney. 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.I. CONTRACT AWARD /O.T. SERVICES: Consider a contract award to
O.T. Services in the amount of $31,920.00 annually for janitorial services at the Delray
Beach Golf Course. Funding is available from 445 -4711 -572 -34.90 (D B Municipal Golf
Course: Other Contractual Services).
Mr. Frankel moved to approve the contract award to O.T. Services in the
amount of $31,920.00 annually for janitorial services at the Delray Beach Golf Course,
seconded by Mr. Carney. 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 8:41 p.m., the City Manager requested to
move to Item 9.K. since Mr. Wilk is present.
9.K. PROPOSAL FOR A CONGRESS CORRIDOR MARKETING
PLAN: Consider accepting a proposal for creating a strategic marketing plan for the
Congress Avenue Corridor.
The City Manager stated the City received a proposal from Mr. David
Wilk for preparing a strategic marketing plan for Congress Avenue and feels it would be
a great step in the right direction. The City Manager stated the City has checked
references on other projects they have done and received a positive response.
Dr. Alperin stated the initial strategic marketing plan is going to be in the
range of $7,500 - $10,000.00. Mr. Wilk stated there will be other costs coming. Dr.
Alperin stated he just wants everyone to be aware that this is not the total cost and there
are other potential costs forthcoming.
Mayor McDuffie stated a number of years ago he got his eye opened by
some events that he attended with corporate relocators. He stated everyone has worked
so diligently so that they could attract new business to Delray Beach. Mayor McDuffie
stated it was an issue were three mayors were on the dais and talked to the gentleman
about everything they did to prep their city for economic growth and then they switched
places and they got up on the dais. Mayor McDuffie stated they informed them that the
presentation was great and that they expect all of that before they get off the plane.
The City Manager stated it will be very valuable to have a national
perspective and give the City a marketing approach.
Dr. Alperin moved to accept the proposal for creating a strategic
marketing plan for the Congress Avenue Corridor, seconded by Mrs. Gray. 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.
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At this point, Mr. Wilk thanked the Commission for the opportunity to
work with the City and stated he has already had a meeting with the new CBRE broker
who has listed the Office Depot property. Mr. Wilk stated he, the City Manager, and
Mayor McDufFe discussed in the initial meetings they want to go up the corridor all the
way up to Atlantic Avenue and create a branding, marketing strategy, and a vision for
that area that is going to bring the world to Delray Beach.
Mrs. Gray asked if there is a deadline for when this plan will be
completed. Mr. Wilk stated he would like to present something to the community at the
end of January or the end of February. Mr. Wilk stated in about 30 days he would like to
have an initial meeting to review progress and asked the Commission to let him know
whatever format is best to do that.
At this point, the Commission moved to Item 9.1
9.J. ANNUAL STATE OF THE CITY /CITIZEN'S ROUNDTABLE
MEETING: Discuss options related to the Annual State of the City and Citizen's
Roundtable Meetings.
The City Manager stated staff would like to get direction and offer
possible options either in place of or in conjunction with the Town Hall meeting.
Mr. Frankel stated he believes staff puts a great deal of time and effort into
the presentations and the work. He stated in his view for the very few people who turn
out it is not a good time spent. Mr. Frankel stated last year it was the same time as the
State of the Union Address and feels this hurt turnout and the fact that it starts at a late
hour people are tired and they do not want to be somewhere for three hours.
Mrs. Gray stated there is more staff present than residents but she would
like to hear the other options.
Mr. Carney concurred with comments expressed by Commissioner
Frankel and Commissioner Gray and stated the meetings are very long and staff puts in
hundreds of hours to do this. Mr. Carney stated the format should be more concise and
follow up which more people can access through links on the internet may be a better use
of everyone's time.
The City Manager suggested bringing back the Citizen Summit as part of
the goal setting and stated this is more productive.
Dr. Alperin stated it is time to look at new technology for other ways of
getting the input. He stated every other week there is a meeting and potential for people
to attend and speak. Dr. Alperin stated the City puts out plenty of communication.
Commission.
Mayor McDufFie concurred with comments expressed by the rest of the
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Rich Reade, Sustainability Officer, introduced Peak Democracy via
conference call and this is a tool that the City Manager brought back from another
conference. Mr. Reade stated staff had the opportunity to discuss this with Peak
Democracy and noted this is an exciting tool to attract comments from people's homes.
Mr. Reade stated this would be external and monitored by this company.
Mike from Peak Democracy gave a brief PowerPoint presentation
regarding the product.
Mr. Frankel stated not only is there a cost savings but this is something
that works year -round that provides the Commission and the City better information. Mr.
Frankel stated he would support the annual cost and cancel the Citizen's Roundtable
Meeting.
Mr. Carney stated the Roundtable has some merit.
Dr. Alperin asked if the Commission can respond to the community
through this. Mr. Reade stated it would be an overall response to the issue itself. Mr.
Reade stated this tool would give people the opportunity to comment as though it were a
public hearing; it would be closed prior to the meeting and provided to the Commission
as backup and they would have an additional resource as well.
Mrs. Gray states she supports the open Town Hall meeting but she would
still like to see something where the Commission can invite people because everyone
does not have a computer.
Brief discussion ensued between staff, the Commission, and the
representative from Peak Democracy.
After brief discussion, it was the consensus of the Commission to move
forward with this and cancel the meeting on January 24, 2012.
At this point, the time being 7:04 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 47 -11 (FIRST READING/FIRST PUBLIC
HEARING): City - initiated amendment to the Land Development Regulations (LDR)
Sections 4.4.6 "Medium Density Residential (RM) District ", 4.4.9 "General Commercial
(GC) district ", 4.4.12 Planned Commercial (PC) District, 4.4.13 "Central Business (CBD)
District" and 4.4.28 Central Business District—Railroad Corridor, to provide that assisted
living facilities will be allowed in the same manner as multiple family residential
developments with respect to the number of units and density. if passed, a second public
hearing will be held on January 3, 2012.
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The caption of Ordinance No. 47 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS, BY AMENDING SECTION 4.4.6,
"MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT,
SUBSECTION (D), "CONDITIONAL USES AND
STRUCTURES ALLOWED ", SECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT ",
SUBSECTION (B), "PRINCIPAL USES AND
STRUCTURES PERMITTED ", SECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT ",
SUBSECTION (G)(3)(4), "MULTIFAMILY DWELLING
UNITS ", SECTION 4.4.12, "PLANNED COMMERCIAL
(PC) DISTRICT", SUBSECTION (G),
"SUPPLEMENTAL DISTRICT REGULATIONS ",
SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT ", SUBSECTION (D), "CONDITIONAL USES
AND STRUCTURES ALLOWED ", SECTION 4.4.28,
"CENTRAL BUSINESS DISTRICT - RAILROAD
CORRIDOR (CBD -RC) ", SUBSECTION (D),
"CONDITIONAL USES AND STRUCTURES
ALLOWED, TO ADD ASSISTED LIVING FACILITIES
TO THE LIST OF ALLOWED USES IN THE SAME
MANNER AS MULTIPLE FAMILY RESIDENTIAL
USES IN ORDER TO BRING CONSISTENCY
BETWEEN THE LAND DEVELOPMENT
REGULATIONS AND STATE AND FEDERAL LAWS,
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 47 -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 Charier of the City of Delray Beach, Florida.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is to add
assisted living facilities to the list of allowed uses in the same manner as multi - family
uses to bring consistency between the LDRs, State and Federal law. Similar recent
amendments were processed by the City Commission April 15, 2008 and January 19,
2010 which allowed assisted living facilities to be accommodated similarly with respect
to number of residents and units to either single- family duplex or multi - family uses in
zoning districts where these uses are allowed. Mr. Dorling stated subsequently it was
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discovered that we did not accommodate in the same manner as these multi - family uses
in two situations; those that apply to special regulations that allow for increased density
in certain zoning districts and certain regulations which apply to overlay districts.
At its meeting of November 21, 2011, the Planning and Zoning Board
considered this item and recommended approval with a 6 to 1 vote (Gerry Franciosa
dissenting).
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 47 -11,
the public hearing was closed.
Dr. Alperin moved to approve on First Reading/First Public Hearing,
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.
10.B. ORDINANCE NO. 48-11 (FIRST READING/FIRST PUBLIC
HEARING): Consider a city - initiated amendment to Land Development Regulation
(LDR) Section 4.3.3, "Special Requirements for Specific Uses ", by enacting a new
Subsection 4.3.3(AAAA), "Simulated Gambling Devices ", in order to prohibit use of
same and to enact a new definition of, "Simulated Gambling Devices ". If passed, a
second public hearing will be held on January 3, 2012.
The caption of Ordinance No. 48 -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 SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES "; BY
ENACTING A NEW SUBSECTION 4.3.3 (AAAA),
"SIMULATED GAMBLING DEVICES ", IN ORDER TO
PROHIBIT USE OF SAME AND AMENDING
APPENDIX "A" TO ENACT A NEW DEFINITION OF
"SIMULATED GAMBLING DEVICES "; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 48 -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.
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Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city-
initiated amendment to the LDRs that will prohibit simulated gambling devices and their
related places of business sometimes referred to as internet or sweepstake cafes. Mr.
Dorling stated these businesses utilize simulated gambling devices and have been
referred to as cyber cafes, sweepstake cafes, or internet cafes. He stated the concept is to
sell internet access or telephone cards and then enter sweepstake systems on computers at
a business and then enter games that they win ultimately cash prizes. Mr. Dorling stated
this circumvents the current gambling laws because the purchase of computer time or
phone cards to enter sweepstakes on a gaming website is not paying to play a game for
money. Staff recommends that we prohibit them at this time.
Mr. Dorling stated this is a difference between adult gaming facilities
which are allowed in the City as a conditional use in certain zoning districts and those are
different in that we limit those gaining facilities to maximum retail values of individual
prizes to .75 a game.
At its meeting of November 21, 2011, the Planning and Zoning Board
recommended approval with a 7 to 0 vote.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 48 -11,
the public hearing was closed.
Mr. Frankel moved to approve on First Reading/First Public Hearing,
seconded by Mrs. Gray. 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.
At this point, the time being 7:11 p.m., the Commission moved to Item
11, Comments and Inquiries on Non - Agenda Items.
11.A. City Manager's response to prior public comments and inquiries.
The City Manager stated at the last meeting Dr. Kirson was concerned
about homeless people on the beach and connected that with the large number of rehab
and sober houses in the city. In the Police Department's response Delray Beach is
recognized as a center of recovery in some sources; however, the Police Department has
made no connection between the recovery population and homeless people on the beach.
The Police Department has and continues to enforce applicable city ordinances and
Florida State Statutes as they relate to beach violations with the most recent arrest
occurring on December 120' camping on the beach in the 200 block of South Ocean
Boulevard. The Police Department records indicate that from August 6, 2011 —
December 12, 2011 a total of 16 arrests have been made for camping on the beach.
With respect to the reference to Commissioner Taylor's comments about
the facility the County is opening up as a homeless resource center in the near future off
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45a` Street in West Palm Beach, the City Manager stated that facility will only accept ,
people if they are wanting to end their homelessness otherwise they will not accept them
at that facility.
The City Manager stated with respect to the parking problems on the
swales near the intersection of Casuarina Road and Venetian Drive, the City has installed
"No Parking" signs on the east side of Venetian Drive between Casuarina and Langer
Way. He stated this area is unique in that there are multiple condos and apartments with
back out parking. The City Manager stated Engineering will get with the Police
Department to determine if additional "No Parking" signs are needed for safety reasons.
Lastly, the City Manager stated the audio for the October 11, 2011
Workshop meeting is posted on the website and we will continue to place our Workshop
audios on the website so that people can listen to them if they wish to do so.
At this point, Mr. Frankel asked if any control or elimination of
rehabilitation facilities is covered by the American Disability Act (ADA). The City
Attorney stated people who are in recovery are covered by the ADA. Mr. Frankel stated
under current case law any comments could be viewed discriminatory in nature in regards
to that. The City Attorney stated under current case law if you take action against a
particular group that is protected under the ADA then that would be discriminatory.
11.B. From the Public.
11.B.1. Cary Glickstein, 1118 Waterway Lane, Delray Beach, FL 33483
(current Chairman of the Planning and Zoning Board, Developer by Trade, a
former Land Use lawyer, current trustee of the BPOA), stated he has lived in the
beach area for the past 20 years and is distressed over what is happening in the
neighborhoods under the guise of transient housing. Mr. Glickstein stated instead of
Delray Beach being recognized for its wonderful assets our city is now known as the
transient rehab capital of the southeast. He stated transient housing in the residential
neighborhoods must be stopped. In his opinion, Mr. Glickstein stated transient housing
belongs only where transient lodging is currently allowed not in single - family or multi-
family zoned properties. Mr. Glickstein urged the Commission to ensure residential
neighborhoods in general in the beach area specifically will not be used for transient
housing.
11.B.2. Gary _Eliopoulos, 314 N.W. 7" Street, Delray Beach, FL 33444, briefly
spoke about Ordinance No. 20 -09 and the definition of single - family. Mr. Eliopoulos
suggested looking at the regulations again and asked if this Commission that worked so
hard in 2009 failed with regards to what the spirit of the Code was which was a
maximum of six times per house; however, the ordinance is being interpreted another
way. Mr. Eliopoulos stated if outside lawyers have indicated that the City got it wrong
then he would agree and urged this Commission to get outside counsel to look at this
again and get it right. He stated this is in the RM zoning district and does not feel the
residents have to tolerate this.
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11.B.3. Mary Renault, 1017 Bucida Road, Delray Beach, FL 33483, speaking
on behalf of the Beach Property Owners Association (BPOA), stated they are asking
for support and strong action from the City in preserving their single - family
neighborhoods. Ms. Renault stated for many years Delray Beach has drifted for a variety
of reasons into being a group home and transient housing magnet for the entire nation. In
July 2009, the City added a transient residential use section to the LDRs and feels this
section does not go far enough in preserving the single - family neighborhoods. Ms.
Renault stated its interpretation could be strained to allow up to six rental turnovers on
each bed so with three residents allowed could have a transient use of up to 18 unrelated
individuals per year but they believe the intent of this ordinance was for six short term
leases not 18. She stated too many unrelated adults and excessive turnover rate destroy
the stability and safety of the neighborhood. Ms. Renault urged the Commission to take
another look at the regulations and act boldly to protect the neighborhoods.
11.B.4. Warren Roy, 329 Andrews Avenue, Delray Beach, FL 33483 (member
of the BPOA and a CPA). stated these transactions are structured in not -for- profit
organizations and when that happens the properly comes off the tax rolls and the City and
County loses revenue and also have additional drain on services such as fire and police.
Mr. Roy stated this is not just a transient housing issue but it is also a financial issue
which affects the City and the County. He urged the Commission to address this issue
regarding the zoning.
11.B.5. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), stated three unrelated individuals mean that if you
have three brothers living in a unit that is considered one you then can have a family of
four related (that is two); you can have a couple (that is three). Dr. Kirson stated you
could have 12 -14 in a unit with just three unrelated. Dr. Kirson stated the problem is the
law and asked if we can by -pass a handicap law.
11.B.5. Brad Winnev, 1515 N. Swinton Avenue, Delray Beach, FL 33444,
stated he lived in San Francisco for ten years and has seen how bad this problem can get.
Mr. Winney stated this is transient house next door to his and commented about the six
cars coming in and out and the parking. Mr. Winney asked if the lowering of the
appraised value of his house is not an effect of this. Also, Mr. Winney stated that he had
the chance to visit the Starbucks on Federal Highway and this is a very serious issue.
11.B.7. Missv Corev, 1125 Waterway Lanes Delray Beach, FL 33483, stated
this summer she had a hip replacement and was unable to fly north for vacation so she
took the train. Ms. Corey stated the Amtrak has advertisements on it that tells you about
every town you pass by. She stated in Delray Beach it does not say that we are an All -
America City, etc. but it says that we are the "Drug Rehab Capital of the Southeast."
11.B.8. Joann Peart, 107 N.W. 9`}' Street, Delray Beach, FL 33444, stated six
times a year is too many to control because Code Enforcement has a skeleton crew
because of the budget and nobody checks. Mrs. Peart stated unless the neighbors are
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actually calling nobody knows how many people are there. She suggested that if it were
1 -2 times a year it would be easier to follow and easier if the neighbors called to be able
to check rather than Code Enforcement. Mrs. Peart stated the neighbors go by and have
seen cars from North Carolina, Alabama, and New York one week and the next week
there are cars from other states.
11.B.9. Joe Collard, 1004 Brooks Lane, Delray Beach, FL 33483, stated this is
not a sober house but is a drug rehab house so people from all over the country come in
with drug records and they are within 2,000 feet of a school. Mr. Collard commented
about the ADA issue and stated after research he found that there was a lawsuit that was
lost by the City of Boca. However, Mr. Collard stated it is not required that the City
should allow a single- family house next to somebody who purchased a single - family
house to be utilized as a for - profit. Mr. Collard stated somebody has decided to purchase
a single - family house next to somebody with a family that has a single - family house and
turn it into a business. He urged the Commission to protect the residents.
11.B.10. Joanne Shear, 701 North Ocean Boulevard, Delray Beach. FL 33483.
stated she had a conversation with a prominent real estate broker in Delray Beach and
recently purchased this home (third lot north of the public beach). Ms. Shear asked the
realtor how they would appraise the value of her home if three or more of these facilities
moved within walking distance of her home.
Mayor McDuffie stated normally they do not respond the same night but
this is a special circumstance. He stated normally all of the people who came and spoke
would receive a written response from the City Manager. However, Mayor McDuffie
stated he wanted everyone to know the hundreds of hours that everyone on this
Commission as well as multiple Commissions several people ago spent on crafting three
ordinances to try to address this issue. Mayor McDuffie stated they looked at zoning and
commented about the City of Boca losing $2 million in a lawsuit where they tried to zone
this type of use out of an area in the city. The City Attorney's office, the City Manager's
office, and the City Commission took a look at what they could do to accomplish most of
the things that most of the people have spoken about tonight. Mayor McDuffie stated at
the time everyone believed they came up with something that was going to give them the
opportunity to control unscrupulous operators. He stated in a crowd of this size someone
present has been in somewhere for rehabilitation for some mental problem or substance
abuse problem and there is a place for those and the people present do not want it to be
their next door neighbor or the neighbor down the street. Mayor McDuffie stated if these
people keep their property up like everyone else the impact to value is zero. In addition
to crafting the ordinances, Mayor McDuffie stated he made trips to Washington,
Tallahassee, and have .talked to Federal and State Legislatures and the Federal people
stated this is a State issue and not a Federal issue and they cannot seem to find anyone in
the State who wishes to step up and regulate this type of use. Mayor McDuffie reassured
everyone that the Commission will go back and review the ordinances, retain counsel,
and will do everything to protect the residents, homes, and children as they did before
when they thought they made a dent and came up with something that would curtail these
uses.
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Mr. Frankel stated Maria Herrera spoke to him about the enforcement
issue and how nothing has been done and he questioned it then. Mr. Frankel stated now
hearing more comments about vacation rentals and transient homes he is very concerned
about Ordinance No. 29 -09. Mr. Frankel stated reviewing the notes from June 2009 he
and Mayor McDuffie did not have any kind of support for a lower number. Therefore,
Mr. Frankel asked the City Attorney to bring this ordinance back to the City Commission
either at the next meeting or whatever the immediate time period could be.
Mr. Carney stated he listened to hours of that meeting regarding
Ordinance No. 29 -09 and how it was being interpreted as it related to transient housing
and reviewed a number of cases provided by the City Attorney and others. Mr. Carney
stated he thinks there is precedent to move the number to three times. He stated it is his
understanding that staff has re- reviewed the minutes of that meeting and suggested that
the ordinance be re- reviewed as well because the transient housing is an issue. Mr.
Carney stated there is an important balance between the needs of those that need to be
protected under the law and the others that need to be protected under the law which are
the single - family owners of residences. Mr. Carney urged staff to go back and review the
ordinances based on the case law that is now out there. Mr. Carney stated regarding the
dwelling the turnover is six times not per bed. Mr. Carney stated this is a city -wide issue
and is hopeful the City will take initiative soon.
Dr. Alperin stated this is not a new issue and noted approximately 20 years
ago former Police Chief Rick Lincoln and he created the Drug Task Force to deal with
some of the issues. Dr. Alperin encouraged the public to contact the Commission and the
City Attorney's office with any ideas that might be useful.
Mrs. Gray stated this is an issue all over the City and she is more than
happy to revisit the ordinance. Mrs. Gray stated she was not part of the Commission at
that time but believes the City needs to review and enforce the laws that we have put in
place and she looks forward to working with everyone.
Mayor McDuffie stated some residents emailed him and noted that some
of them should have a response back if they have not seen it already. Mayor McDuffie
stated he emailed back most of the people informing them that he does not believe the
City will be able to handle this at a municipal level. Mayor McDuffie reiterated that he
made trips to Tallahassee and Washington and in two separate years he spoke about pill
mills and unscrupulous rehab centers. He stated they got some relief in the pills mills
with pharmaceutical registration laws and other things so that the Sherrill s Department
has been able to make a good dent in the pill mills because they received Legislative
support to do so. Mayor McDuffie stated the City of Delray Beach has received zero
Legislative support to do anything with elicit rehabilitation centers. He stated he sent a
list of the entire Legislative and Congressional Delegations that support us to everyone
who emailed him. Mayor McDuffie suggested that everyone who spoke this evening
email and call those Legislators and let them know the municipalities need assistance
from the State in being able to come out with regulations from a State level. Mayor
McDuffie stated there is no regulatory body that claims jurisdiction over this type of use.
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McDuffie stated the City of Delray Beach will work diligently on behalf of the residents
to do a better job on these three ordinances but the City needs help. Mayor McDuffie
stated the City sent to the State Legislative Delegations all of the important legislative
issues for this upcoming year and asked all the legislators to reply to the City on where
they stood on each one of these issues. Mayor McDuffie stated State Representative Lori
Berman was the only legislator who responded. He stated the City may spend some
more tax money in doing this because there are broad issues with enforcement. He stated
if the City does this with sworn officers it will be a tremendous burden on the sworn
officers so they will have to add people to the Code Enforcement staff and that costs
money. Mayor McDuffie stated the City will do what it takes given the restrictions they
have from a revenue standpoint to make this right.
At this point, the time being 9:20 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 50 -11: Consider an amendment to Chapter 34,
"Elections ", by amending Section 34.16, "Filing of Nominating Petitions ", to modify the
number of registered voters required to sign a petition to grant eligibility of a candidate to
qualify to run for office. If passed, a public hearing will be held on January 3, 2012.
The caption of Ordinance No. 50 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 34, "ELECTIONS ", OF THE
CODE OF ORDINANCES BY AMENDING SECTION
34.16, "FILING OF NOMINATING PETITIONS ", TO
MODIFY THE NUMBER OF REGISTERED VOTERS
REQUIRED TO SIGN A PETITION TO GRANT
ELIGIBILITY OF A CANDIDATE TO QUALIFY TO
RUN FOR OFFICE, PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 50 -11 is on file in the City Clerk's
office.)
The City Attorney read the caption of ordinance and this was based on the
comments at the Workshop meeting where the Commission wanted the amount of
signatures to be modified from the 1% to a set number of 250. The City Attorney stated
this ordinance also provides for is that this would be effective after the March 13, 2012
election.
Dr. Alperin moved to approve Ordinance No. 50 -11 on FIRST Reading
with modification to be effective January 3, 2012, seconded by Mr. Frankel. Upon roll
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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.
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
O.A. City Manager
The City Manager had no comments or inquiries on non- agenda items.
O.B. City Attorney
The City Attorney stated any ordinance staff does that modifies the LDRs
will have to go in front of the Planning and Zoning Board. The next Planning and Zoning
Board meeting is scheduled for January because the one for December was cancelled.
Therefore, the City Attorney stated the ordinance will come before the City Commission
the second meeting in January or the first meeting in February. The City Attorney stated
this would give staff time as far as a change in the ordinance to seek consultation with
outside counsel to make sure that staff drafts an ordinance that will hopefully withstand
any challenges and will be constitutional as well.
O.C. City Commission
U.C.I. Dr. Alperin
Dr. Alperin suggested that the Commission send Representative Lori
Berman a thank you letter for responding and a copy of that letter sent to every other
Legislator on the Delegation.
13.C.2. Mr. Carney
Mr. Carney had no comments or inquiries on non - agenda items.
13.C.4. Mrs. Gray
Mrs. Gray asked for a confirmation regarding the wastewater meeting
Thursday, December 15, 2011. Mr. Carney will check to see when this meeting is.
13.C.4. Mr. Frankel
Mr. Frankel stated on Saturday from 8:00 a.m. -10:30 a.m. and 10:30 a.m. -
2:00 p.m. the Caring Kitchen Holiday food packing by the Sisters of Sunshine
organization will be held. He announced if anyone is interested to contact the
sistersofsunshinel@gmail. com.
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Secondly, Mr. Frankel stated the Menorah lighting will be held at 6:00
p.m. on Tuesday, December 20, 2011 at Old School Square.
Mr. Frankel stated he was at the Downtown Development Authority
(DDA) meeting yesterday and they have concerns about the parking study. He stated the
Charrette has been postponed several times and he had concerns about emails about
employee parking plans that he sent in October. Mr. Frankel stated the City has a
Parking Management Specialist who he thought would come up with something and Mr.
Hasko was answering the. questions. Mr. Frankel expressed concern with what is going
with the Parking Management Specialist position.
Mayor McDuffie stated he was called and emailed and had a meeting with
one of the Parking Management Advisory Board (PMAB) members and there is a lot of
dissatisfaction. He stated there were a couple of other things recommended and one was
an employee parking plan to park them on the top two floors of the Old School Square
Parking Garage and get them off of Atlantic Avenue. The side street parking and meters
downtown were discussed with one hour free and charged after that and multi - purpose
meters.
Mr. Frankel stated we have had this plan for a long time and nothing has
been done. The City Manager stated many small things have been done and it was
supposed to be phased out.
Lastly, Mr. Frankel wished everyone a Happy New Year.
13.C.5. Mayor McDuffie
Mayor McDuffie stated he was approached this evening about a
Children's Garden in Delray and suggested that they check with Cason United Methodist
Church because they have their community garden.
Secondly, Mayor McDuffie commented about the South Central Regional
Wastewater Treatment and Disposal Board (SCRWTDB) about whether the Commission
is going to be there on December 15t'.
Mayor McDuffie stated the Clu-istmas parade was well attended.
Mayor McDuffie stated there was so much focus on the New York Times
article that calls Delray Beach "The Drug Capital of the World" and then articles come
out like the one from the Boston Globe that talked about what a wonderful place this is.
Mayor McDuffie stated if the Beach Property Owners' Association
(BPOA) puts in a place like Hanley Hazelden and maintains the grounds there is no real
estate impact negatively to that whatsoever. Mr. Carney stated any group housing is all
about the operator. Mayor McDuffie stated the City needs help with regulation out of
Tallahassee.
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Mayor McDuffie commented about the Chamber of Commerce.
Lastly, Mayor McDuffie wished everyone a Merry Christmas, Happy
Hanukkah, and a Happy New Year.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 9:45 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 December 13, 2011, which Minutes were formally approved and adopted by the City
Commission on January 3, 2012.
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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