02-21-12 Regular Meeting MinutesFEBRUARY 21. 2012
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, February 21, 2012.
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 Ron Arflin, Director of
Pastoral Services /Abbey Delray South.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor McDuffie stated Item 9.C. Reimbursement Request/Robert
Goldstein, has been removed by the applicant and Item 9.D., Amendment No. 5 to the
Franchise Agreement/Waste Management has been removed by staff.
Also, Mayor McDuffie requested that Item S.C., Service Authorization
No. 12- 01/Mathews Consulting, Inc. /Congress Avenue Force Main Replacement be
removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A.
Mr. Frankel moved to approve the 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 was
passed with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Dr. Alperin moved to approve the Minutes of the Workshop Meeting of
January 31, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as
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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 February 6, 2012
Workshop Meeting, 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.
Mr. Frankel moved to approve the Minutes of the Regular Meeting of
February 7, 2012, 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.
6. PROCLAMATIONS:
6.A. None
7. PRESENTATIONS:
7.A. Recognizing and commending Douglas Smith Milena Walinski and
Richard Reade for participating in the Palm Beach County League of Citig, Inc.
Economic SusWnability Speaker Series
Mayor McDuffie recognized and commended Douglas Smith, Milena
Walinski and Richard Reade for participating in the Palm Beach County League of
Cities, Inc. Economic Sustainability Speaker Series and presented them with certificates.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Approve and
ratify the action of the South Central Regional Wastewater Treatment and Disposal Board
at their Quarterly Meeting of January 19, 2012.
83. HOLD HARMLESS AGREEMENT /302 N.E. 7TH AVENUE:
Approve a Hold Harmless Agreement with Hartman House B & B, LLC`. for
encroachment of a sign into the right -of -way at 302 N.E. 7th Avenue.
8.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.D. REIMBURSEMENT TO FLORIDA EAST COAST (FEC)
RAILROAD: Approve reimbursement in the amount of $55,765.40 to Florida East
Coast (FEC) Railroad for the reconstruction of the East Atlantic Avenue railroad
crossing. Funding is available from 334 - 3162 - 541 -46.90 (General Construction Fund:
Repair & Maintenance Services /Other Repair/Maintenance Costs).
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8.E. APPROVAL OF POLL WORKERS FOR THE FIRST
NONPARTISAN ELECTION: Approve the poll workers for the First Nonpartisan
Election to be held on March 13, 2012.
8.F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period February 6, 2012 through February 17, 2012.
8.G. AWARD OF BIDS AND CONTRACTS:
1. Contract award to MWI Pumps in the amount of $16,987.17 to
rebuild storm water pump at the Seasage Drive Pump Station.
Funding is available from 448 - 5416 -538 -46.90 (Storm Water
Utility Fund: Repair & Maintenance Svc /Other
Repair/Maintenance Cost).
2. Purchase award to Broward Motor Sports in the amount of
$21,336.00 for three (3) ATVs for Ocean Rescue. Funding is
available from 501- 3312 -591 -64.20 (Garage Fund:
Machinery/Equipment/Automotive).
3. Purchase award to HD Supply Waterworks in the amount of
$15,225.69 for various piping materials to be installed by the City's
in -house construction crew for N.W. 16th Street water main
project. Funding is available from 442 - 5178 -536 -68.61
(Water /Sewer Renewal & Replacement Fund: Improvements
Other/N.W. 16th Street Water Main).
4. Purchase award to Intercounty Engineering, Inc. in the amount of
$74,640.98 for emergency force main repair at Lowson Boulevard
and Congress Avenue intersection. Funding is available from 442-
5178 -536 -46.24 (W & S Renewal & Replacement Fund: Repair &
Maintenance Service/Repair Sewer Mains).
5. Purchase award to Otto Waste Systems in the amount of
$58,150.00 to purchase additional garage containers in various
sizes for Barrier Island residents who will have curb -side service
starting April 1, 2012. Funding is available from 433- 3711 -534-
49.90 (Sanitation Fund: Other Current Charges).
Dr. Alperin moved to approve the Consent Agenda as amended, seconded
by Mr. Frankel. 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.
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9. REGULAR AGENDA:
9.A.A. SERVICE AUTHORIZATION NO. 12- 01/MATHEWS
CONSULTING, INC. /CONGRESS AVENUE FORCE MAIN REPLACEMENT:
Approve Service Authorization No. 12 -01 to Mathews Consulting, Inc. in the amount of
$106,291.00 for professional engineering services in the design of the Congress Avenue
Force Main Replacement project. Funding is available from 442 - 5178 -536 -68.89 (W & S
Renewal & Replacement Fund: Improvements Other /Congress Avenue Force Main
Replacement).
Dr. Alperin stated he requested that Service Authorization No. 12 -01 for
Mathews Consulting be moved from the Consent Agenda to the Regular Agenda because
since the Commission picked out the engineering firms this is the second time that the
Commission has seen Mathews Consulting, Inc. and Kimley -Horn once. Dr. Alperin
stated he wants to make sure that the Commission keeps track of the number of times
different engineering firms are selected.
Dr. Alperin moved to approve Service Authorization No. 12 -01, 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.A. APPEAL OF AN ADMINISTRATIVE INTERPRETATION /OFF
THE AVE: Consider the appeal of an administrative interpretation by the City Manager
that a sidewalk cafe cannot be established in a public space which is not a sidewalk for
Off the Ave located on SE 6'h Avenue, south of Starbucks Coffee. (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.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he has had discussions with Adam Neblack at "Off
the Ave" about his sidewalk cafe and walking in this evening he asked Mr. Jeffrey Lynne
if the court reporter was here for this item. Mrs. Gray stated she has had conversation
with staff. Mayor McDuffie, Mr. Carney, and Dr. Alperin stated they had no ex parte
communications to disclose.
Lula Butler, Director of Community Improvement, stated the application
was submitted to use a portion of the City's alley south of the building that the business
occupies. She stated LDR Section 3.3(F)(2) allows the establishment of a sidewalk cafe
in front of a business or along the side street adjacent to the business. Mrs. Butler stated
the proposal submitted would encompass approximately 440 square feet of space within
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the alleyway in which the applicant has proposed to remove the existing rock, mulch, and
landscaping improvements done by the city and replaced with pavers. The site plan also
shows an aluminum fence to encompass this area. Staff recommends that the appeal be
denied based on the fact that the alleyway is not consistent with being a side street or
sidewalk. The site plan is very crowded with an existing sewer line, a concrete FPL pole
with supporting guy wire, three existing mature sabal palms, several bushes and very
mature lirope as ground cover. Staff also believes that the placement of the tables and
chairs with all the existing obstructions would not be conducive to a very safe
environment. Staff recommends denial of the appeal because it is inconsistent with how
we approve sidewalk cafes.
At this point, Chevelle D. Nubin, City Clerk, swore in Mr. Lynne's clients
as they just arrived to the meeting.
Jeffrey Lynne, Attorney with Weiner & Lynne, P.A., 10 S.E. 1st
Avenue, Delray Beach, FL 33444, asked that the entire City's file on this matter be
accepted into the record for purposes of this hearing. Mr. Lynne stated Off the Ave Food
and Spirits is located on South Federal Highway and the question is whether a sidewalk
cafe is allowed to be located at the place requested. The proposed sidewalk cafe is the
landscaped area adjacent to the restaurant in an adjacent public space. Mr. Lynne
displayed architectural renderings of the existing and the proposal is to fence off that area
to make it safe so that people can have an outdoor dining experience. Mr. Lynne
referenced an email from the City Manager to Mr. Brewer that "A sidewalk cafe cannot
be established in a public space which is not a sidewalk." Mr. Lynne stated the issue on
appeal this evening is whether a sidewalk cafe can be established in a public space which
is not a currently paved sidewalk. Mr. Lynne stated the question is does the plain
language of the LDRs restrict sidewalk cafes to just sidewalks. Mr. Lynne referenced the
language in the LDRs regarding where sidewalk cafes can go and it states that (1) A
sidewalk cafe can be located in front of a business, (2) along a side street adjacent to a
business, (3) in a public space adjacent to a business, and (4) in front of an adjacent
business.
Scott McClure, part owner of "Off the Ave ", 19 -23 S.E. 5th Avenue,
Delray Beach, FL 33483, stated he has owned the building since 2005 and has been
maintaining that property next door since that time. Mr. McClure stated there are tree
stumps there because trees were cut down after the trees destroyed his roof in Hurricane
Wilma. He stated since 2007 he has been picking up hypodermic needles. Mr. McClure
stated the City came out and fenced some of the areas to make it safer. He stated he
wants to improve the area because it has been such an eyesore.
Mayor McDuffie stated if anyone from the public would like to address
the Commission regarding the appeal, to please come forward at this time. There being
no one from the public who wished to address the Commission, the public hearing was
closed.
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Mrs. Butler stated when staff modified the sidewalk cafe ordinance they
did put the language in talking about sidewalk cafes could be located adjacent to public
space and that was done in conjunction with Worthing Park. She stated there was some
restriction placed on the site plan prior to Worthing Park being designed. Mrs. Butler
stated it was never intended that we would use alleyways as a component of sidewalk
cafes.
The City Manager stated we are not just talking about an alleyway we are
also talking about a landscape node that is part of the City's parking lot.
Mr. Lynne stated they are not using any part of the parking lot but it is
simply that landscape node area. He stated before the code was changed landscape nodes
were specifically allowed area and the area was expanded to clarify public spaces. Mr.
Lynne stated with regard to Worthing Place and other areas City staff is proposing a
further amendment to sidewalk cafd areas to clarify public space. Mr. Lynne stated the
law says you look at the plain language and it says public space. He stated if it is not
clear you look at the legislative intent. Mr. Lynne stated the record is clear that the intent
was to expand the area where sidewalk cafes can go. Mr. Lynne urged the Commission
to approve the appeal.
Dr. Alperin asked if there is any other place in the City where a landscape
node has been converted to a sidewalk cafd. Mrs. Butler stated there are places along
East Atlantic Avenue where sidewalk cafds are allowed to be adjacent to areas that have
landscape nodes. Mrs. Butler stated she is not aware of any.
George Brewer, 244 N.W. 9"' Street, Delray Beach, FL 33444
(Architect), stated the French restaurant that is on 1 sc Street across from Spot Coffee the
landscape strip has been converted into sidewalk cafd. Mr. Brewer stated there was
landscaping there and they went around it and the other landscaping that was not in such
great shape was taken out and they did pave it.
Dr. Alperin asked if a City owned parking lot considered public space.
Mrs. Butler stated the City owned parking lot is a public facility but the landscape node is
the requirement as part of the landscaping that exists with that parking lot so if you
remove it then this creates a different situation.
Mrs. Gray inquired about the safety issue with the City parking lot and it
appears from slide that there are car tire marks along the curb. Mrs. Butler stated it is a
fairly tight movement because there is businesses that park along the back side of the
buildings. She displayed the alleyway and stated there is back out parking along the
backside of the buildings so people are backing out and there are parking spaces and
dumpsters. Mrs. Butler stated she was at the site today and she was coming around and
another car was coming from another angle and she had to almost get up on the curb to
get around. She stated it is a very tight movement and people do not circulate correctly.
Mrs. Gray asked about the existing sewer line. Mrs. Butler stated the things that are
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sticking up will be somewhat of an issue and commented about an email from Mr. Hasko
who is responsible for this area saying that it is not a problem. Mrs. Butler stated maybe
there is a way that Mr. Hasko can cap that for them but is not sure. Mrs. Butler expressed
concern over drainage as well.
Mr. Lynne stated this is way off topic and these are issues that had a
sidewalk cafe application been accepted by the City and comments had come back they
would be able to work with them. Mr. Lynne made reference to staffs email and the
City Manager's response. Mr. Lynne stated they are not here regarding the site plan but
is here on the legal determination of whether a sidewalk cafe has to be on a sidewalk or
not.
Mr. Frankel made reference to the photo and asked where the sidewalk is.
Mr. Lynne stated a lot of sidewalk cafes are located on private property set back from the
property such as for instance Burgerfi is set back on private property and at the Seagate
Hotel those are sidewalk cafes that are up on the property but they are not on a sidewalk.
Mr. Carney stated he is not prepared to make a legal decision; however, he
does believe we have landscape ordinances in this city to create landscaping and so that
we do not always have concrete, tables, or fences. Mr. Carney supports staff's
interpretation.
Dr. Alperin made reference to page 4 of Ordinance No. 37 -10 Section (2)
paragraph indicates that any travel lanes that there is room for a sidewalk cafe. He stated
you have to have at least a two (2) feet vehicular travel lane and does not see this as a
potential use for this property. Dr. Alperin stated he does not see this as a potential use
for this property and does not think it can be interpreted as a public space that could be
used for a sidewalk cafe.
Mayor McDuffie stated Mr. Lynne made a point and concurs with Mr.
Carney that the Commission is being asked to rule on a legal issue for which none of
them are prepared to rule on. Mayor McDuffie recommended that this go back to the
City Attorney and our side of the case be presented to the Commission and then they can
rule on it.
The City Attorney stated staff made an interpretation that the sidewalk
cafd ordinance does not apply in this particular case therefore you cannot put a sidewalk
cafe there and that is the issue in front of the City Commission.
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 (denying the appeal),
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.
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Said motion passed with a 5 to 0 vote.
9.B. WAIVER REQUEST/THE DELRAY BEACH PUBLIC LIBRARY:
Consider a request to waive Land Development Regulations (LDR) Section
4.6.7(F)(3)(f), "Special Event Non - Roadway Banner Signing ", to allow the Delray Beach
Public Library to erect two (2) Centennial Banners (6' x 21') on the south elevation of the
building, facing Atlantic Avenue for a period of six (6) months; the beginning date may
be selected by the Library. (Quasi- Judicial. Hearing)
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 spoke with Alan Komblau,
Director of the Delray Beach Library today. Dr. Alperin stated he had no ex parte
communications to disclose.
Lula Butler, Director of Community Improvement, stated this is a request
from the Delray Beach Library to erect two (2) Centennial Banners (6' x 21') on the
south elevation of the building, facing Atlantic Avenue. The library is celebrating 100
years of service (1913 -2013) and seeking approval to erect these banners for one (1) year
beginning April 2012. Mrs. Butler stated per LDR Section 4.6.7 which governs the use
of banners allows banners for grand openings, special events, non - roadway and special
event roadway banners. Banners associated with City facilities and properties are
submitted to the City Manager for approval. Banners for special events on non - roadway
are limited to 20 square feet in size. The Library is seeking approval to erect two (2)
banners that are 126 square feet each that will flank the entrance from Atlantic Avenue,
announcing their Centennial celebration. Staff recommends approval of the waiver
request to allow the two (2) banners to be erected; however, that these be limited to a
period of six (6) months as opposed to one year. Mrs. Butler stated staff would opt that
the library could establish the beginning date to erect the banners.
Mayor McDuffie stated 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, the public hearing
was closed.
Dr. Alperin stated he supports this; however, he feels when it comes to
organizations such as Old School Square, Spady Museum or any publicly owned museum
or building that has exhibits for the public and it is for public interest he feels the City
should be allowing banners all the time. Dr. Alperin suggested that the Commission
approve this for one (1) year.
Mr. Carney concurred with comments expressed by Dr. Alperin and that
the banners are kept in pristine condition.
Alperin.
Mr. Frankel stated he has no objection to the one (1) year proposed by Dr.
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Mayor McDuffie stated he supports one (1) year and that the banners be
kept in pristine condition.
Mr. Carney stated he would like staff to maintain to ensure that they keep
the banners in the proper condition in the event that staff determines that it is re-
addressed then he would expect the library to comply.
Mr. Carney moved to adopt the Board Order as presented, 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.C. THIS ITEM HAS BEEN REMOVED BY THE APPLICANT.
9.D. THIS ITEM HAS BEEN REMOVED BY STAFF.
9.E. ADDITIONAL SCOPE/RANDOLPH & DEWDNEY
CONSTRUCTION INC./POMPEY PARK CONCESSION STAND: Consider
approval of additional scope for the Pompey Park Concession Stand project in the
amount of $2,614.50 for Randolph & Dewdney Construction, Inc. for relocation and
extension of existing low voltage conduit, and modification of all flat roof areas; and
approval for the amount to be paid from the Contract's Contingency Allowance.
Richard Hasko, Director of Environmental Services, stated this item is a
request for approval of a small additional scope to the Pompey Park Concession building
in the amount of $2,614.50. Mr. Hasko stated approximately $2,200 has to do with some
insulation modifications to the roof. He stated when the Commission approved the scope
addition to replace the entire second floor press box because of the water damage that had
occurred to the support beams that it was determined that was because the water was
ponding in the flat roof and seeping into the beams. Mr. Hasko stated this modification
will give the roof a slight pitch away from the new construction of the press box so that
will not occur in the future with the new construction. He stated the remaining $441.00
has to do with some modifications to some minor low voltage conduit. Mr. Hasko stated
this is proposed to be coming from the contract contingency so there is no additional
funding for the contract.
Mr. Carney stated the whole point of doing this contract was to create an
amount and he does not understand why this type of obvious thing which had to be
moved was not picked up in the original bid. Mr. Hasko stated the original bid did not
anticipate complete reconstruction of the second story press box. Mr. Carney stated he
felt that the Commission had a lot of discussion about redoing the second story press box.
Mr. Hasko stated there was discussion about expanding the press box but not about
completely reconstructing the entire box. He stated staff got into that as they started to
do the demolition on some of the siding and realized that the support beams suffered
from the water damage. Mr. Carney asked what will happen after the contingency fund
runs out. Mr. Hasko stated if there are additional problems that staff runs into and we
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have completed the contingency staff will have to find other ways to get around the
problem. Mr. Carney stated he feels the contractor has to find other ways. Mr. Carney
stated there is $8,000.00 and suggested that they spend it wisely because he is unhappy
with the way this whole thing has manifested itself in particular if there are going be
change orders will bring it over what we originally agreed to.
Mrs. Gray stated it is not uncommon to have change orders and inquired
how far along with regard to percentage is this project. She supports this.
Mr. Frankel stated he has a problem with all of it. He stated the original
budget was $230,000.00 and the amount approved by the Commission although it was
shared with the Community Redevelopment Agency (CRA) was $456,000.00. Mr.
Frankel stated with the change orders it is well double the original budget and believes
there will be another change order forthcoming before the project is completed. He
stated while improvements needed to be made it gets to a point where it is a little
excessive. Mr. Frankel stated as he had previously voted he is not in favor of spending
any more money on this project.
The City Manager stated the changes that have been made have not
increased the amount that the Commission approved for the project.
Dr. Alperin stated it is still within the contingency and it makes no sense
to him not to support what we need to do.
Prior to the vote, Mayor McDuffie stated he is not fond of change orders
either. However, he understands that things appear when they are demolished that are not
apparent to the eye when the project is started. Mayor McDuffie stated he will support
the additional scope.
Dr. Alperin moved to approve the additional scope for the Pompey Park
Concession Stand project in the amount of $2,614.50, seconded by Mrs. Gray. 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.
At this point, the time being 7:07 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 03 -12 (SECOND READING /SECOND PUBLIC
HEARING): Consider a city - initiated amendment to the Land Development Regulations
(LDR), amending Section 4.3.3, "Specific Requirements for Specific Uses ", by amending
Subsection 4.3.3 (ZZZ), "Transient Residential Use ", in order to clarify prohibitions,
exemptions /exceptions, waivers, and penalties for same; amending Appendix "A ",
"Definitions ", in order to amend the definition of "Transient Residential Use ".
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The caption of Ordinance No. 03 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 4.3.3, "SPECIFIC
REQUIREMENTS FOR SPECIFIC USES ", BY
AMENDING SUBSECTION 4.3.3(ZZZ), "TRANSIENT
RESIDENTIAL USE ", IN ORDER TO CLARIFY
PROHIBITIONS, EXEMPTIONS/ EXCEPTIONS,
WAIVERS, AND PENALTIES FOR SAME;
AMENDING APPENDIX "A ", "DEFINITIONS ", IN
ORDER TO AMEND THE DEFINITION OF
"TRANSIENT RESIDENTIAL USE "; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 03 -12 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, entered the
Planning and Zoning Department project file into the record.
Mr. Dorling stated this is a city - initiated amendment that will amend the
prohibitions, exemptions, exceptions, waivers and penalty section for transient residential
uses and will also amend the definition of transient residential uses. Mr. Dorling stated
currently the transient residential use definition includes those dwelling units that are in
both single family and multi- family zoning districts which have a turnover rate of more
than six times a year. He stated this definition is being modified to include dwelling units
that turnover in occupancy more than three times a year in single family and PRD
districts. Mr. Dorling stated further being modified to clarify that this turnover rate refers
to the entire dwelling unit or any part thereof. The transient residential uses that may
exist by virtue of this definition change will be allowed to continue for 12 months after
the effective date of this ordinance.
At its meeting of December 19, 2011, the Planning and Zoning Board
recommended approval subject to conditions with a 7 to 0 vote. There were three
conditions that the Board suggested and one of those was changing the references in the
"whereas" clauses to reference the 2010 census; the second was to clarify that the
ordinance applies to dwelling units and any part thereof and they also recommended
lowering the allowed turnover rate from three times to two times a year. Mr. Dorling
stated the first two of those conditions are incorporated in the ordinance that is before the
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Commission. At its meeting of February 7, 2012, the City Commission considered this
ordinance on first reading and recommended approval.
Mr. Dorling entered into the record a document that the Commission had
received this evening in support of this ordinance which summarizes related planning
issues regarding transient uses which was prepared by the City's planning expert Maria
L. York. Mr. Dorling stated this document in summary discusses goals, objectives and
policies in the City's Comprehensive Plan, Future Land Use and Housing elements which
emphasize the City's longstanding commitment to neighborhood stability and references
how high turnover rates can change the character of a neighborhood and undermine this
neighborhood stability.
Mayor McDuffie declared the public hearing open.
William Shelley, 1012 Lancer Way, Delray Beach, FL 33483,
expressed concern with this rehabilitation of alcoholics and drug addicts coming into
Delray and being treated. Mr. Shelley stated he has first -hand experience and knowledge
how an alcoholic treatment center operates. Mr. Shelley stated he is a former alcoholic
who has spent 28 years in AA and was married to a psychotic woman who was
hospitalized four months after their marriage. Her initial treatment was in a mental
institution and upon a release she attended AA meetings with an alcoholic friend and her
next hospitalization was an alcoholic treatment center at a hospital. Mr. Shelley stated
recovery treatment centers do not always treat only alcoholics and drug related patients
and are not capable or licensed to treat psychiatric patients who are psychotic. Mr.
Shelley stated in order to protect the community the psychiatric patients should be in a
locked unit separate from the treatment center.
Louise Kornfeld, 719 North Ocean Boulevard, Delray Beach, FL
33483, stated in the last 26 years since she has lived here she has watched Delray Beach
evolve into a city we were all proud of. Ms. Kornfeld asked when the new City officials
fell asleep and stopped caring about the residents who pay their taxes and helped make
this city grow. She asked if they were sleeping when we went from the "village-by-the-
sea" to the drug rehabilitation capital of the southeast as was reported on the loud speaker
of the trains that deliver info to their passengers as they pass through our city.
Laney Lewis, 1098 Hibiscus Lane, Delray Beach, FL ( President of the
Lake Ida Homeowners' Association), supports the City on passing this ordinance to try
and get a handle on these boarding houses in the single family neighborhoods. Ms.
Lewis stated we need to keep our single family neighborhoods safe and keep the quality
of life in our neighborhoods. She stated she has lived in her home for 34 years and this is
the single largest investment that she has and she does not want her property values going
down any more than they already have. Ms. Lewis stated she has change; some for the
good and some for the bad and these boarding houses are bad. She stated boarding
houses do not belong in single family neighborhoods such as theirs. She urged the
Commission to let the residents know what they can do to help them do this and thanked
them for all their hard work in keeping Delray Beach the great place to live.
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McCall Credle - Rosenthal, President of La Hacienda Neighborhood,
stated she has a tenant in a residential area who rents annually to. She stated the
ordinance is acceptable; however, she urged the City Commission to consider a
moratorium so that the City would have the time to get ourselves organized to be able to
make sure that the existing transient housing businesses are in compliance and any
proposed new facilities will be in compliance with a system that will be established or set
up. She stated there are transient housing facilities that have not paid their landlord
permits and there are liens against these properties, some transient houses have more than
the allowed amount of tenants and they are living in substandard conditions and most are
not managed properly. Ms. Credle - Rosenthal stated we need to come together an set up a
system to be able to collect data and a tracking system and suggested that a volunteer or
homeowners association task force to get information, submit it by neighborhoods to
identify the transient houses that are not in compliance and try to get a perspective has to
how many of these houses are actually here in Delray Beach.
John Barneby, 801 Palm Trail, Delray Beach, FL 33483, speaking on
behalf of the homeowners' association which is also a member of the Florida
Coalition for Preservation and the Beach Property Owners' Association, stated he is
new resident of Delray Beach and is very upset with the increasing number of transient
housing in the city and feels they have no place in residential neighborhoods. Mr.
Barneby urged the Commission to enact this ordinance along with other ordinances in
their entirety and to provide the resources so they may be enforced without delay. He
stated they want Delray Beach to have quality neighborhoods where people want to live
and not live in fear of transient housing.
William Gladstone, 326 Palm Trail, Delray Beach, FL 33483 (was
Florida's longest sitting Circuit Judge who works with children), supports this
ordinance and he moved to Delray Beach from South Dade in 1995 and Delray became
an All American community on two occasions and hopes that it stays that way. Mr.
Gladstone stated with all the good news that Delray Beach has had two northern
newspapers have written serious criticisms of Delray Beach including the New York
Times in recent times. Mr. Gladstone stated he lives in a quiet residential neighborhood
and tours go by his home every day to show people the lovely single family residence
that is so near to downtown. Mr. Gladstone stated He stated transitional residential living
is incompatible with single family residential area. Mr. Gladstone suggested reducing it
and not having so much coming and going and the like would be a help to the
community. He stated he would like
Joe Collards 1004 Brooks Lane, Delray Beach, FL 33483, concurs with
the previous comments and protecting the beach as a park is important aspect. Mr.
Collard expressed concern that what the City is proposing is not really going to get the
desired effect. Mr. Collard made a reference to an article in the Coastal Star where it
stated an executive from the Caron House said that they are not renting property and they
are not going to abide by any turnover rules that they are basically housing people who
are being treated in another facility and those people are not in fact renters and are not
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subject to any of these turnover or rental rules. Secondly, Mr. Collard stated this
exemption for ADA (Americans with Disabilities Act) was granted without giving an
address. He asked if there is a procedure or verification to follow -up to make sure that
this exemption is being covered. Mr. Collard expressed concern over the legality and
validity of it.
Nancy Wibbelsman, 2613 North Ocean Boulevard #NA Delrav
Beach, FL 33483, stated when she was 7 her grandparents moved to Delray Beach and
her parents followed. Ms. Wibbelsman stated she loves this area and grew up thinking
that it was one of the sweetest, safest and adorable places. She stated the concern is not
about any one particular group of people and she would be just as unhappy if she heard
one house on her block was accepting bowling leagues and the one next door was
accepting nuns. Ms. Wibbelsman stated you do not want people in your residential are
who are not vested in the neighborhood and when a person buys a home they buy it with
a certain understanding that the neighborhood has a feeling and part of the reason people
make this investment is because of the feeling that the neighborhood has and the support
the neighbors lend each other. She stated if the people are flowing through in large
groups and they do not have the same interest in community they are not looking out for
each other. Ms. Wibbelsman stated it diminishes the neighborhood in which we live.
She stated years ago Delray Beach was voted the `Best Small Town in the United States"
and urged the Commission to strive to preserve it. Ms. Wibblesman stated she applauds
the initial passing of this ordinance and urged the Commission to follow -up with limiting
the number of beds in any house for unrelated people.
Pat Archer. 380 Sherwood Forest Drive. Delrav Beach. FL 33445
(Chair of the Delray Beach Drug Task Force), stated any business for profit or not -for-
profit that operates in a manner that systematically rotates residences is not a business
that needs to be in a single family community. Mrs. Archer stated this is a business that
is disruptive to the neighborhood in every way and whether they are not -for -profit or for
profit it is a business not a long -term living arrangement. She urged the Commission to
support these ordinances.
Kristine De Haseth, Florida Coalition for Preservation, stated two
weeks ago she made public comments mainly in support of the ordinance and applauds
the Commission for unanimously approving the first reading and moving to the second
reading. Ms. De Haseth stated she has received many calls, inquiries, concerns, and
comments from residents and homeowners in Manalapan, Ocean Ridge, Briny Breezes
and Gulf Stream as she has from Delray. She stated this is not just a Delray issue. Ms.
De Haseth urged the Commission to preserve the single family residential neighborhoods.
Gary Glickstein. 1118 Waterwav Lane. Delrav Beach. FL 33483.
stated the most prestigious organizations and institutions in this country have all reached
the same conclusion that tenancy restrictions in residential areas stabilize neighborhoods
through enhanced property values and common vested interests. Mr. Glickstein stated as
a homeowner and builder he believes people buy homes thinking will be owner
occupants sharing a common goal of living in a stable, safe and quiet neighborhood. He
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stated transient housing of any type is by definition an investment and the goals of
owner /occupants and transient occupants are in large measure mutually exclusive. Mr.
Glickstein stated he has owned rental homes in Delray for many years and would like to
see even more tenancy restrictions than what are proposed tonight. He stated the
majority of people buying into the neighborhoods do so to live here not so with transients
that is here for a night, week or a month with no vested interest in the neighborhoods or
properties they temporarily occupy. Mr. Glickstein stated the Commission was elected to
preserve the quality of life for the majority of people that live here and support this
community year end and year out. He stated passing the proposed ordinance is a solid
first step and next he hopes the Commission will focus on enforcement and more
significant consequences for violators.
Bessie Vane, 50 East Road, Delray Beach, FL 33483, stated she
understands through a reliable source a member of a certain foundation was asking for a
financial contribution for their foundation and asked if they would like to live next to a
transient house the answer was "no".
Laura Finn, 411 Andrews Avenue, Delray Beach, FL 33483 (resident
of Delray Beach for 34 years), stated she loves her neighborhood and her neighbors and
is very much opposed to transient housing in all the single family neighborhoods. She
urged the Commission to support this ordinance.
Anita Casey, 1003 Beach Drive, Delray Beach, FL 33483, stated she
walks her dogs early in the morning and is tired of bumping into every addict everywhere
she goes. Ms. Casey stated recently an addict was about to through himself in traffic and
she called the Police and saved his life. She stated yesterday she had three appointments
in downtown Delray and three panhandlers asked her for money. Ms. Casey stated she
has friends from Europe invest in Delray Beach and is now ashamed that she told them to
invest here. She urged the Commission to do something about this.
Yan Hansen, (3 year resident of Delray Beach), stated he moved to
Delray Beach from Fort Lauderdale because of the small town community this was and
is. Mr. Hansen stated staff has done a pretty good job striking a compromise in
preserving the rights of both and urged the Commission to move forward with this.
Tom Sand, 1216 Crestwood Drive, Delray Beach, FL 33483, stated as
the Commission considers the impact of transient housing on the town and its people he
feels it is very important to think about the real lives of people who could not be here and
who would be impacted by this and gave a few examples. Mr. Sand stated we all respect
the rights of people who need to be in transient homes to get assisted but urged the
Commission to be mindful of the rights and expectations and the impact of people who
live in those residences and who assumed that they would be that way for a long time in
the future.
Barry Degner, 919 Hyacinth Drive, Delray Beach, FL 33483 (Vice
President of the Tropic Isle Civic Association), stated he and his wife moved to Delray
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Beach after being snowbirds in the area for many years and specifically chose Delray
Beach because of its ambience. Mr. Degner stated when he walks around the area he
knows everybody and if does not know them by name they are familiar faces which is
very reassuring. He stated at his age he is worried about his safety and his wife's safety
and he likes the fact that it is a small town and unless the Commission can stop this influx
we are going to lose what we all treasure and moved here for.
Jack Barrette, 1201 Seaspray Avenue, Delray Beach, FL 33483 (lived
here for 62 days), thanked the Caron Foundation for what they are doing for the City and
cannot imagine a better way to galvanize us all on this issue than someone who comes to
Seaspray Avenue buys a home in the middle of it through an anonymous attorney and
tries to use ADA and Hippa law to hide the address and then tries to flout our zoning
regulations to change the single family neighborhood for the worse. He stated no one
supports that. Mr. Barrette stated we need to use the reasonable accommodation to help
people with real disabilities to get the housing they need where they need it in
appropriately zoned neighborhoods not to help corporations to cynically use his
neighborhood to make a lot of money ($30,000 - $50,000) a month on people who are
going to live in very nice houses and then go to Boca for rehab. Mr. Barrette stated
everyone supports the Commission if they fight the transient housing issue, pass the
ordinance and enforce it no matter what.
Bob Ganger, President of the Florida Coalition for Preservation,
stated at the last meeting the Commission asked them to come help. Mr. Ganger stated
they have galvanized every credible civic association, homeowners association, and
everyone who lives in a single family home in this entire area including outside of Delray
over to the lake. Mr. Ganger urged the Commission to pass Ordinance No. 3 -12, 4 -12, 8-
12 and then ask for their help.
Christina Morrison 2809 Florida Boulevard #207 Delray Beach FL
33483, thanked Judge Gladstone for coming tonight but if he could of spoken longer he
would of spoken to the fact that children and families need nurturing and stable
environments and neighborhoods where they know people across the street, etc. She
thanked Mr. Frankel for his answers of clarification. Ms. Morrison stated these
ordinances are a very good start and urged the Commission to be vigilant and protect our
neighborhoods.
Mary Renaud, 1017 Bucida Road, Delray Beach, FL 33483 (speaking
as a reactor who has worked in Delray for the last 13 years), stated she has done
countless contracts who want to rent their people who want to live here temporarily.
Mrs. Renaud stated the only rentals she has handled in the last 13 years is seasonal and
yearly. She stated if they want to rent for a few days there are several hotels to choose
from. Mrs. Renaud stated restricting turnovers to no more than 3 times per year is a very
liberal amount. She stated she is aware of some homeowners in the beach are who rent
their house on a weekly and nightly basis. Mrs. Renaud thanked the Commission and the
City Attorney for taking this matter seriously, hopes this law applies to everyone, and
urged them to let them know what the association can do to help Code Enforcement.
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Warren Roy, 329 Andrews Avenue, Delray Beach, FL 33483
(speaking as a member of the BPOA), reiterated their strong support of the new
proposed rules and call for the enforcement of these rules for the protection of the
cohesiveness, integrity and safety of the single family neighborhoods. Mr. Roy stated the
issue is called transient housing and we are talking about preserving single family home
neighborhoods. He stated a home is defined as where you live permanently; a house is
defined a building for human habitation. Mr. Roy stated urged the Commission to
respect that.
Richard Sasso, 1042 Seaspray Avenue, Delray Beach, FL 33483, stated
at the last meeting he raised concern over enforcement of the new ordinance and how are
we going to change the penalty for somebody who abuses the ordinance. Mr. Sasso
reiterated that the penalty is only $500 for somebody to go beyond the ordinance
restriction. He asked if he has to write a letter to ask that it now be reheard to create a
three strike rule that if someone abuses the new ordinance that beyond the third time that
we can do something beyond just a $500 fine. Mr. Sasso expressed concern that this
caring company Caron who knows that 95 -100% of the community that they are trying to
now infiltrate with these homes are against them and asked if they are that caring why
don't they step back and relook at this.
Bob Stern, 410 N.E. 8th Avenue, Delray Beach, FL 33483, stated the
Commission has done a great job in drafting this ordinance and this is only one step. He
stated relying solely on the turnover rate may not be the best strategy for the town. Mr.
Stern stated this is a commercial business and several of these operators including the
Caron Foundation filed for tax exempt status with the IRS and do that they have to make
the case that they are exclusively in the business of rehabilitation or education. He stated
in that case an argument can be made that whatever they do whether it is housing clients
or providing meals is an interval part of that business but it is a commercial business.
Mr. Stern suggested that the City ask if it is a commercial business and if so it does not
even belong in a residential area even before you get to apply a test of turnover. He
stated another example of a test would be is this residential housing versus institutional
(referring to a hospital, nursing home or jail). Mr. Stern suggested that the City ask if the
occupants of this facility have the rights that are normally associated with residential
living. Mr. Stern stated if they do not have these rights, the City can make a case that
then it is really an institutional living situation not a residential living situation. He stated
if it is that kind of institutional setting then it should be in a proper zone.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 03 -12, the public hearing was closed.
Mr. Frankel thanked everyone coming out and stated he appreciates the
emails and communications. He stated City staff and the City Attorney's office have
worked very diligently on this issue. Mr. Frankel stated you need to comply and it is
very delicate to deal with the Fair Housing Act, Americans with Disabilities Act, and the
Equal Protection and Procedural Due Process Clauses of the United States and Florida
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Constitutions. Mr. Frankel stated his decision tonight is not based on a single entity that
is proposing to do business in a single family neighborhood. He stated in 2009 he
proposed to limit occupancy turnover to no more than 3 times per year but could not
gather support of that. Mr. Frankel stated the ordinances we are dealing with particularly
Ordinance No. 3 -12 is applicable to all single family home neighborhoods and all forms
of transient rentals (condos, boarding homes) or any short-term rentals. Mr. Frankel
stated basing his decision on Federal Court decisions and based on Marie York's
memorandum he fully supports Ordinance No. 3 -12.
Mrs. Gray thanked everyone for attending the meeting and thanked staff
for the great job they have done.
Mr. Carney stated Commissioner Frankel stated his views succinctly.
Dr. Alperin stated the public stated his views succinctly.
Mayor McDuffie thanked everyone for attending and for being
professional.
Dr. Alperin moved to adopt Ordinance No. 03 -12 on Second and FINAL
Reading, seconded by Mr. Frankel. 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. 04 -12: Consider a city - initiated amendment to the
Land Development Regulations (LDR), by amending Section 2.4.7(G), "Requests for
Accommodation'; Subsections (1), "Purpose ", and (8), "Request Form for Reasonable
Accommodation ", in order to remove obsolete references, in order to update same;
enacting a new Subsection 2.4.7(G)(9), "Expiration of Approvals" to provide an
expiration date for untimely implementation of approvals.
The caption of Ordinance No. 04 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS, BY AMENDING SECTION 2.4.7(G),
"REQUESTS FOR ACCOMMODATION";
SUBSECTIONS (1), "PURPOSE", AND (8), "REQUEST
FORM FOR REASONABLE ACCOMMODATION ", IN
ORDER TO REMOVE OBSOLETE REFERENCES, IN
ORDER TO UPDATE SAME; ENACTING A NEW
SUBSECTION 2.4.7(G)(9), "EXPIRATION OF
APPROVALS" TO PROVIDE AN EXPIRATION DATE
FOR UNTIMELY IMPLEMENTATION OF
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APPROVALS ; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 04 -12 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
amendment provides clarification with respect to the current information requested on the
request form for reasonable accommodation. Mr. Dorling stated it identifies additional
information that will be provided with any reasonable accommodation request that we
believe is necessary to appropriately consider reasonable accommodation requests.
At its meeting of January 23, 2012, the Planning and Zoning Board
considered this item and the Board recommended approval with a 7 to 0 vote; at its
meeting of February 7, 2012, the City Commission considered this on first reading and
recommended approval at that time.
Mayor McDuffie declared the public hearing open.
Jack Barrette, 1201 Seaspray Avenue, Delray Beach, FL 33483,
reiterated that the reasonable accommodation requests have been a source of some
concern to the community and this willingness to put some transparency into the process
to request information from people who might otherwise not provide it is welcome.
Cary Glickstein, 1118 Waterway Lane, Delray Beach, FL 33483, stated
the reasonable accommodation has been abused and thinks that in the confusion of the
co- mingled Federal Law (i.e. ADA, FHA) Planning has not had clear direction and
perhaps at the City Attorney's level there is not clear understanding of what we really can
do. Mr. Glickstein stated the residents would like the City to take a much more
aggressive stance in granting these reasonable accommodations and if somebody
disagrees with their position then they will support the Commission. He stated when this
came before Planning and Zoning residents were told that on not one occasion had an
application for reasonable accommodation ever been denied in this city. Mr. Glickstein
urged the Commission that in passing this tonight that it not stop here that counsel the
City has hired advises everybody so that there is a clear understanding as to what is the
most aggressive position we can take towards these applicants.
Bob Ganger, President of the Florida Coalition for Preservation,
stated a lot of public acts affecting a neighborhood receive a courtesy notice when
something is about to happen so that the people who could be affected are aware. Mr.
Ganger stated as the Commission considers the next step and the step after that he would
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like to get to a point where we have courtesy notices where people are aware that
something is about to happen in their neighborhood.
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL
33483, stated when this was discussed in SPRAB or Planning and Zoning that we were
going to put some remedies for misrepresentation or repeated violations. Ms. Morrison
stated a $500 penalty to some of these organizations is not a lot of money and suggested
that a stronger remedy be imposed or maybe losing their reasonable accommodation
status if they are repeat offenders.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 04 -12, the public hearing was closed.
Dr. Alperin moved to adopt Ordinance No. 04 -12 on Second and FINAL
Reading, 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.
10.C. ORDINANCE NO. 08 -12: Consider a city - initiated amendment Chapter
117, "Landlord Permits ", of the Code of Ordinances, by amending Section 117.01,
"Permit Required ", to clarify when a permit is required; amending Section 117.03,
"Approval of Application ", to provide additional requirements; amending Section 117.04,
"Denial or Revocation of Permit Application; Appeals ", to clarify grounds for revocation;
and amending Section 117.06, "Tenant/Occupant Eviction ", to ensure notice and due
process rights are followed or alternate housing is provided.
The caption of Ordinance No. 08 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 117, "LANDLORD PERMITS ",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 117.01,
"PERMIT REQUIRED ", TO CLARIFY WHEN A
PERMIT IS REQUIRED; AMENDING SECTION 117.03,
"APPROVAL OF APPLICATION ", TO PROVIDE
ADDITIONAL REQUIREMENTS; AMENDING
SECTION 117.04, "DENIAL OR REVOCATION OF
PERMIT APPLICATION; APPEALS ", TO CLARIFY
GROUNDS FOR REVOCATION; AND AMENDING
SECTION 117.06, "TENANT /OCCUPANT EVICTION",
TO ENSURE NOTICE AND DUE PROCESS RIGHTS
ARE FOLLOWED OR ALTERNATE HOUSING IS
PROVIDED; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
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02/21/12
(The official copy of Ordinance No. 08 -12 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.
Lula Butler, Director of Community Improvement, summarized some of
the changes that are occurring under Chapter 117 and it clarifies that permit applicants
will be required to submit to the City documentation of their lease agreements and they
have thirty (30) days to report any changes to the existing leases that they provide upon
initial permit. Mrs. Butler stated leased residential units will be required to have parking
stickers for each of their tenants and those will be limited to four (4) per unit. She stated
if additional parking stickers are needed the reasons why must be documented. Mrs.
Butler stated all applicants are required to follow Chapter 83 governing evictions. She
stated if someone states that their property is not otherwise required to follow that then
they must present the City with an alternative situation on how they will handle
temporary dwelling units for these people in case they need to evict them. Mrs. Butler
stated this also clarifies the reasons for a landlord permit under which they might revoke.
She stated this ordinance was before the City Commission on first reading on February 7,
2012 and was passed. Staff recommends approval on second reading.
Mayor McDuffie declared the public hearing open.
Matthew Ledger, representing the Realtors Association of the Palm
Beaches (RA.PB) and its 8,000 members, stated as it stands now you can renew your
landlord permit online and under the new ordinance you will no longer have that option.
Mr. Ledger stated you will have to show up in person to renew so that you can present a
copy of your lease and he feels this creates a burden. Mr. Ledger expressed concern over
the City having to know the details of the lease and stated if the landlord is registered in
the landlord program the City will have the contact information if there are any problems.
In addition, Mr. Ledger stated requiring residential parking stickers for leased residential
units seem a bit far reach for local government. He stated this additional regulation is
borderline a violation of private property rights to homeowners. Mr. Ledger urged the
Commission to not move forward with this ordinance and invite the Realtors Association
of the Palm Beaches to the table so that we together can come up with practical solutions.
McCall Credle- Rosenthal, 817 Lake Avenue North, Delray Beach, FL
(President of La Hacienda Neighborhood and also an owner of a home and cottage
that she rents out), supports this ordinance and would like to see even more constraints.
She stated Code Enforcement does not people working at night and they cannot go into
these residences and find out that people are not in compliance. Ms. Credle - Rosenthal
suggested that if people were working at night we could look into this a little more to find
out who is actually living by these landlord permits. She stated there are more people
staying in units then are paying for them.
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Mary Renaud, 1017 Bucida Road, Delray Beach, FL 33483, stated she
has no problem with this ordinance and coming to City Hall and bringing a contract
prevents fraud. Mrs. Renaud stated her husband came up with the idea for parking
stickers and supports it.
Cary Glickstein, 1118 Waterway Lane, Delray Beach, FL 33483
(member of the Realtors Association of the Palm Beaches), stated he fully supports the
changes and is hopeful this ordinance is linked with the reasonable accommodation form
so that whoever is applying for a reasonable accommodation is deemed a landlord and
thus needs a permit.
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL
33483, reiterated her concerns regarding the need for remedies in the ordinance.
There being no one else who wished to address the Commission regarding
Ordinance No. 08 -12, the public hearing was closed.
Prior to the vote, Mrs. Gray asked if the City Manager will be responding
to Mr. Ledger in writing. The City Manager stated he will receive a response. Mrs. Gray
stated she has received several telephone calls concerning the application. She stated
while she is in support of this ordinance she would like to make sure that they heard the
realtors' side and that staff will be responding to it.
Mr. Frankel moved to adopt Ordinance No. 08 -12 on Second and FINAL
Reading, 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.
10.D. ORDINANCE NO. 06 -12: Consider a city - initiated amendment to the
Land Development Regulations (LDR) Section 4.6.16, "Landscape Regulations ", to
provide an updated landscape code.
office.)
The caption of Ordinance No. 06 -12 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 4.6.16, "LANDSCAPE
REGULATIONS ", TO PROVIDE AN UPDATED
LANDSCAPE CODE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 06 -12 is on file in the City Clerk's
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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.
Peter Anuar, Senior Landscape Planner, stated revisions to the
landscape code and at the meeting of February 7, 2012, the City Commission voted to
approve with a 5 to 0 vote. Mr. Anuar stated some of the items that were up for
discussion were expansion of landscape islands from five (5) feet to nine (9) feet with the
limits of the Central Business District; removal of compacted rock within the landscape
islands and its effect on the integrity of the curbing and asphalt. He stated the items are
already requested through the landscape permit process but now they are going to be
codified a landscape code.
At this point, Mayor McDuff e stepped away from the dais.
Vice Mayor Gray declared the public hearing open.
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL
33483, stated with the size of these trees she would like to make sure that there is some
consideration given to the water that is going to be required to keep these trees alive. She
stated she wants to make sure that we have sustainable type of landscaping that can
withstand droughts.
At this point, Mayor McDuffie returned to the dais.
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
Dr. Alperin asked if there were any changes made in the ordinance that
will create less resistant trees or plantings for drought. Mr. Anuar stated in revising the
landscape code staff created a more sustainable environment for trees to survive,
increasing the landscape islands and taking out all that bad compacted rock with suitable
planting soil.
Mayor McDuffie asked if what is being put in is termed as xeriscaping.
Mr. Anuar stated this is xeriscaping.
Mr. Carney moved to adopt Ordinance No. 06 -12 on Second and Reading,
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.
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At this point, the time being 8:24 p.m., the Commission moved to Item
11, Comments and Inquiries on Non- Agenda Items from the City Manager and the
Public.
11.A. City Manager's response to prior public comments and inquiries.
The City Manager stated at the previous meeting Mr. Goodman
complained about different types of criminal activity in his neighborhood. The City
Manager stated this location has been addressed before and continues to be an area that is
frequented often by the Community Patrol officers. He stated Mr. Goodman has
contacted the Police Department previously to express his concerns and each instance has
been met with aggressive patrols, surveillance, high visibility patrols, search warrants,
etc. The City Manager stated the problem dissipates when those involved are arrested but
unfortunately those arrested are released again and tend to reside in the same area. He
stated staff's plan of action will include some of the same tactics as before but we will try
to identify the owners of the properties that these people are moving back to and make
them aware of criminal activity that is occurring in their locations. The City Manager
stated a supervisor in the Police Department will be meeting with Mr. Goodman in the
near future to explain the plan of action as it pertains to his concerns.
11.11. From the Public.
None.
At this point, the time being 8:26 p.m., the Commission moved back to
Item 9.F.
9.F. RESOLUTION NO. 10- 12/MID YEAR BUDGET
AMENDMENT: Consider approval of Resolution No. 10 -12 amending Resolution No.
42 -11 adopted September 20, 2011, which made appropriations of sums of money for all
necessary expenditures of the City of Delray Beach for the FY 2011/2012, by setting
forth the anticipated revenues and expenditures for the operating funds of the City for FY
2011/2012.
The caption of Resolution No. 10 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING RESOLUTION NO. 42 -11 ADOPTED
SEPTEMBER 20, 2011 WHICH MADE
APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF
DELRAY BEACH, FLORIDA, FOR THE FISCAL
YEAR 2011/2012, BY SETTING FORTH THE
ANTICIPATED REVENUES AND EXPENDITURES
FOR THE OPERATING FUNDS OF THE CITY FOR
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02/21/12
THE FISCAL YEAR 2011/2012; REPEALING ALL
RESOLUTIONS INCONSISTENT HEREWITH.
(The official copy of Resolution No. 10 -12 is on file in the City Clerk's
office.)
The City Manager stated at the last Workshop meeting regarding the $3.2
million fire service fee not being adopted the Commission directed that we take no more
than $1.4 from undesignated fund balance, cuts in capital projects and other reductions in
order to handle that cost. The budget amendment uses $1 from fund balance and does
rebalance the budget without the $3.2 in additional revenue. The City Manager stated we
are also adding a cost to address what we see staff needs for enforcement of the
ordinances adopted this evening. The City Manager stated Mrs. Butler requested a part-
time Code Enforcement Officer that the City has already hired and she would like to hire
another full -time Code Enforcement Officer that would work nights and weekends and a
clerical person to handle primarily the landlord permit applications. In addition, the City
Attorney's office has been struggling with the workload and as of June 1, 2012, the City
is unfreezing the third attorney's position. The City Manager stated we absorbed those
additional costs and still used the $1 from fund balance to rebalance the budget. This is
the mid -year budget review which staff would normally do in April but staff felt it was
appropriate given the magnitude the change to go ahead and do that now plus that enable
us to take a hard look at all the revenues and although staff knew that we were getting
additional building permit fees in but we did not know how everything else might project
out. The City Manager stated there is additional revenue and we are able to rebalance at
that level.
Mr. Carney stated the pavilion on the beach is the only item where the
community has actually raised money towards its repair. He stated this could get to a
situation in its continuing state of disrepair where it may have to be closed. Mr. Carney
stated at that time the City Commission said to the BPOA who was spearheading the
effort that the City was not going to be able to afford it; however, if the BPOA was
willing to raise money towards then the City could probably meet them halfway. The
BPOA has since raised money and some developers have agreed to construct the project
for cost and the BPOA is also raising additional monies. Mr. Carney asked that the
Commission consider re- establishing this particular project because it is so different from
all the others on the list. Mr. Carney asked that this be deleted from the mid -year budget
amendment and that we utilize the ample reserves that we currently have and it will keep
us well below the $1.4 in reserves.
Dr. Alperin stated if this were approved how soon the construction would
start. The City Manager stated we are approximately 4 -6 months away from construction
and noted there are no construction drawings yet.
Mr. Carney reiterated that the pavilion is continually dilapidated condition
and in some areas of it are unsafe. He stated this is something that was promised to be
25
02/21/12
done and the BPOA has raised money for this.
Mr. Frankel thanked the City Manager and everyone who worked very
diligently on the budget. Mr. Frankel stated he feels priority is getting the City
Attorney's office the help they need. Mr. Frankel stated he also places a priority on Mrs.
Butler's request and applauds the decision to hire someone to work nights and weekends.
He stated he is out a lot during nights and weekends and there are blatant violations. Mr.
Frankel suggested that in the future the City may even need more Code Enforcement
Officers based on the passage of the ordinances tonight. Mr. Frankel stated a local
builder is constructing the pavilion at cost and it is important that this project be
completed by next season.
Mrs. Gray stated this is very similar to the Pompey Park project. She
supports moving forward with this project because it is not safe.
Dr. Alperin stated staff has done a phenomenal job.
Mayor McDuffie stated the choices with the pavilion are either to raise it
or rebuild it.
Mr. Carney moved to approve Resolution No. 10 -12 to add back in
$105,000.00 from reserves for the beach pavilion, 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.G. PARKING STUDY CHARETTE RESULTS
Scott Aronson, Parking Management Specialist, stated in accordance with
City Commission direction, two public Charettes were held on January 30th and 31St. He
stated the attendance was less than expected but still significant. Mr. Aronson stated if a
fee based program were to be initiated that careful consideration is given to help
commerce instead of hinder commerce and that the program would be flexible to change
as it is monitored as the shortcomings that get noted be corrected and that any equipment
also be flexible with respect to changing rates and doing things without any great expense
or be done in short order once recognized. Mr. Aronson stated staff has talked a great
deal about validation programs and other programs that would assist residents in using
parking as a marketing tool. Staff feels a fee based program is the most efficient way to
monitor parking in the downtown.
Mrs. Gray asked if we are now using the top floor of the Old School
Square Garage for valet parking. Mr. Aronson stated the City has not started that
program yet. Mrs. Gray inquired about the employee parking. Mr. Aronson stated with
regard to the one -hour free parking the first hour is free but you have to pay for the
second hour when you park. Mrs. Gray stated she has been talking to some of the
merchants on Atlantic Avenue and if we have the valet parking in the garage would it be
26
02/21/12
okay to have two of the floors of the garage designated for employee parking and then
have the owners to participate in paying for some of that parking. Mr. Aronson stated
this could be a possibility. However, Mr. Aronson stated staff has an idea of how many
employees in total are employed in the downtown but does not have that broken down in
shift and exact area. In his opinion, Mr. Aronson stated he does not believe we will be
able to accommodate all the employees in season in that first three blocks on Atlantic
Avenue.
Mayor McDuffie asked if there is potential of an Interlocal agreement to
use the County Courthouse parking. Mr. Aronson stated this is going to be proposed.
Mayor McDuffie stated we have made some strides. Mayor McDuffie stated he had an
opportunity to speak to some of the stakeholders' downtown and anytime there is talk
about fees and meters they are afraid that they are going to lose business. Mayor
McDuffie stated a young man from Kimley -Horn spoke at the first Charette and he was
so knowledgeable about how parking fees and parking meters can actually bring business
to the downtown rather than forcing it away from the downtown. Mayor McDuffie
suggested that staff get that message across to the merchants with some of his backup
materials it would go a long way toward calming some of the fears about parking meters
downtown.
Mr. Carney stated he understands the merchants fear and they can be
addressed with a lot of what staff is trying to bring forth now. He stated he is very happy
that the Charette took place and is glad we are getting ready to do this.
Mr. Frankel stated he attended the morning Charette, the parking study
presentation, and the Workshop meeting. He stated after hearing the presentations he is
very happy with his vote not to spend $92,000.00 on a parking study because he feels it
was a waste of money. Mr. Frankel stated at the time he stated that they were going to
put meters everywhere. He stated some other communities that have put meters in their
business have gone down a lot. Mr. Frankel expressed concern over the amount of car
traffic even during off -season during the day and at night. Mr. Frankel stated that this
citywide meter parking will have an effect on the downtown.
Mr. Carney stated the five minute spots are great and suggested that if we
are going to do parking meters that there be more of those on the Avenue to try and
compensate for those who want to run into a store for five minutes to pick up a postcard,
etc.
Mayor McDuffie stated we have to look toward additional revenue sources
for this community in the fixture and this is one of them.
Dr. Alperin stated it was a waste of money to do the study in the first place
but it was done. Therefore, Dr. Alperin stated he supports the study.
Mr. Aronson stated one of the programs that were initially suggested when
these discussions started were how you count someone's parking with meters. Mr.
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02/21/12
Aronson stated you cannot but if you give them a card or token that gives them free
parking the next time they come to the town that is the type of incentives you build into
the program.
Mayor McDuffie suggested that we could institute automated parking in
the City of Delray Beach by making some changes in here in information technologies.
He stated make a call on your cell phone and put the number of the meter in.
It was the consensus of the Commission to direct staff to find out how
many employees will have to park per shift, obtain additional information from Kimley-
Horn and come up with a program to bring back to the Commission.
9.11. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD:
Appoint one (1) regular member to the Public Art Advisory Board to serve an unexpired
term ending July 31, 2013. Based upon the rotation system, the appointment will be made
by Mayor McDuffie. (Seat #5).
Mayor McDuffie stated he would like to defer his appointment to March
6, 2012.
12. FIRST READINGS:
A. None
At this point, the time being 9:07 p.m., the Commission moved to Item
13, Comments and Inquiries on Non- Agenda Items.
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
O.A. City Manager
With regard to Commissioner Gray's concern about noise complaints in
the downtown area, the City Manager stated staff met with several business owners late
last summer at the library and discussed noise problems. The City Manager stated some
businesses have been ticketed and staff will be scheduling another meeting with the
Police Department and business owners and residents to work on these issues.
Secondly, the City Manager stated the County is in the process of revising
their vehicle for hire and Captain Mitchell is the League's appointment to that Board and
has brought back to us some concerns that staff is trying to address through the league.
The City Manager stated the Committee the County has working on it is an 8 member
committee and is dominated by the industry. The City Manager stated staff had a
transportation committee meeting today with the league and it is all focused on protecting
the industry not on protecting the consumer. The City Manager stated in Palm Beach
County taxis do not have to display their rates on the door. Also, he stated they are
proposing to expand the definition and there is not even an exception for City owned
vehicles. He stated the City would have to go pay a $5,000.00 fee to get registered as a
28
02/21/12
company; it would apply to things like the shuttle that runs between the Seagate and the
Seagate Beach Club. The City Manager stated all the shuttles that hotels operate would
all come under this County control. He stated it is a county -wide ordinance that cities
can opt out of and there are 4 or 5 cities that have their own taxing regulation ordinance.
The City Manager stated Captain Mitchell and the Committee wanted to institute a
requirement that the taxis had to accept credit cards and the County Commission refused
to accept that so far. The City Manager stated the problem is you get someone that has
no cash and is intoxicated and wants to get a ride home and they have to go to an ATM
machine to get money to pay the cab. He stated staff will continue working on this.
Secondly, the City Manager stated staff outlined four (4) possible
scenarios for changing the governance of the South Central Wastewater Treatment and
Disposal Board (SCRWTDB). He stated he met with Lori Osborn from Boynton Beach
to discuss and they will meet with Dennis Coates to get his input. The City Manager
stated you could go to a system where the Board would only meet once a year to adopt
the budgeted rates; everything has to go through the Commissions anyway. He stated as
other things come up just send it through the Commissions without having a joint
meeting unless you had a big capital project or something where you are talking about
issuing debt, etc. The City Manager stated another option might be to have the Board
comprised of staff members instead of the elected officials and reiterated that the actions
that the Board takes would go back to the Commissions for approval.
Lastly, the City Manager stated he was cleaning out files this past week
and came across his 2002 tax bill. He stated with discounts his 2002 tax bill was
$2,208.11; his 2011 tax bill with discounts is $2,416.92. The City Manager stated the
City in 2002 was $661.97; in 2011 it is $639.84. He stated what went up is the required
local millage for schools; the school state tax went up from $517.00 to $647.00. The City
Manager stated the South Waste Authority went up from $104.00 to $174.00; the City's
stormwater increased from $54.00 to $63.96. The City Manager stated he did not realize
that his City taxes are actually lower today than they were nine (9) years ago and it is
because of homestead exemption and other things that have been instituted. He stated no
one tax bill is typical but he is sure there are a lot of homeowners in a similar favorable
situation.
O.B. City Attorney
The City Attorney had no continents or inquiries on non - agenda items.
O.C. Ci Commission
13.C.1. Dr. Alperin
Dr. Alperin commented about the difficulty over getting the SCRWTDB
meeting together.
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02/21/12
Secondly, Dr. Alperin stated the Commission received a letter from
Dennis Coates that he is leaving the position. The City Manager suggested letting Delray
Beach run the SCRWTDB. The City Manager stated if you read the Interlocal
Agreement that set this up it says the Board may hire a Director and it also talks about
Delray Beach running the Plant because it is in our City limits. He stated under the
existing Interlocal Agreement Delray Beach could run it and would have a Plant
Superintendent that would come under Environmental Services.
13.C.2. Mr. Carney
Mr. Carney stated there were lots of comments made this evening in the
public hearings related to the three ordinances that were discussed related to the transient
housing and landlord permits. He stated there were some very good ideas as they related
to remedies and penalties need to be addressed. Mr. Carney stated sometimes it is
cheaper to pay the fine than it is to go forward. Mr. Carney stated if we do in fact have a
number of landlord permits that are in violation and we do liens we are not really trying
to enforce it or collect it. He stated he would like to make sure that we always try to
maximize the leverage that we have and to ensure that we use the ability to lien and
penalize to ensure adequate compliance with the rules and regulations that we may be
doing.
Secondly, Mr. Carney stated this past Sunday he attended the 2 "d Annual
"Art in the Alley" and it was a great event. He stated Mr. and Mrs. Jacquet also attended
and it was pleasure to meet them.
Mr. Carney stated the issue of the parking enforcement hours needs to be
addressed especially parking enforcement during the mid -week.
Lastly, Mr. Carney stated at one of the candidates' forums a comment was
made about the Commission's review of the City Manager and the City Attorney. Mr.
Carney stated typically the reviews would occur during a time when there was going to
be a salary increase. Mr. Carney stated the last four years he was at the Community
Redevelopment Agency (CRA) and the salary increase was never on the table yet the
Executive Director always got reviewed and when he was on the Delray Beach Housing
Authority they always got reviewed on an annual basis. Mr. Carney stated this is a great
way for the Commission to let the City Manager's office and the City Attorney's office
know what they think and vice versa. Mr. Carney suggested that this be done in May
versus September since May is a less busy month and suggested that the Commission
have a policy on an annual basis to review. He stated this is good for everyone to be able
to have that dialogue to find out what everyone's expectation levels are. Mr. Carney
stated there is a general feeling in the public that there is none of these formalized review
processes going on and recommends that this begin in May.
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02/21/12
13.C.3.
Mrs. Gray
Mrs. Gray stated she attended St. Matthew's Episcopal Church Annual
Tea this past Sunday where they honored U.S. Congressman Alcee Hastings, the Parks
and Recreation Afterschool Program, and others. She stated this event was well attended.
13.C.4. Mr. Frankel
Mr. Frankel commented about the Candidate Forums and stated he has not
received notification of any of the Forums that have been held so far.
Secondly, Mr. Frankel stated he was at his weekly tennis game last night
at the tennis center and it was great to see all the buildings and facades that are up for the
tennis tournament that starts Friday, February 24, 2012. Mr. Frankel stated he is looking
forward to the ten days of tennis. For the record, Mr. Frankel stated the #4 ranked player
in the country, Andy Murray, has been using the tennis facilities for the last week or so.
Mr. Frankel stated this is a compliment to the City's facilities that one of the greatest
tennis players in the world has come to Delray Beach.
13.C.5. Mayor McDuffie
Mayor McDuffie stated he just got back from Japan on a Sister Cities trip
and had an incredible trip. He stated he took approximately 450 pictures and met with
the Mayor and the Commission in Miyazu and met with the Chamber of Commerce in
Miyazu. Mayor McDuffie stated they had two half day sessions with the Mayor and the
Commission talking about issues in their community versus issues in our community and
sharing information about their problems and our problems. He stated the temperature
seldom got above 3 5 degrees for the entire time they were there. Mayor McDuffie stated
they discussed alternative energy and commercial fishing. He stated they have a marine
high school that has its own 130 foot research vessel and a marine research laboratory.
Mayor McDuffie stated he met with the Mayor of Kyoto and got invited to meet a
university professor at a Buddhist university whose sister works here at Morikami Park.
Mayor McDuffie stated he also met with the Vice Governor of the Prefecture of Kyoto.
He stated his wife and Mike Malone's wife being school teachers got to tour several
schools and the men went commercial fishing and met them in the middle of the day and
toured the Marine High School and Miyazu High School as well. Mayor McDuffie stated
the hallways in the schools were freezing and they have cut their heat off in every place
that they can cut it off in Miyazu. He stated they have two alternate energy things going
on: one with waves and Miyazu has a bamboo burning power generation plant and also
get other gases off that as a by- product.
Mayor McDuffie stated an hour into his first meeting one of the Chamber
members came in and handed them some pamphlets from Miyazu and then handed them
a plastic wand. He stated you take the brochure from Miyazu, turn the power on, stick
the point of the wand on a photograph and it starts telling you everything about the photo
(i.e. a photo of a restaurant) and noted he will bring this to the next Commission meeting.
31
02/21/12
Mayor McDuffie stated in addition to agreeing on student exchange between our two
cities they have now agreed upon an artist exchange.
Secondly, Mayor McDuffie thanked the City Manager and City staff
regarding the budget and the ordinances.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 9:37 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 February 21, 2012, which Minutes were formally approved and adopted by the City
Commission on March 6, 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.
32
02/21/12
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY REACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1 This appeal of the denial of Off the Ave's application for a sidewalk cafe
permit has come before the City Commission on February 21; 2012.
2. The Appellee and City staff presented documentary evidence and
testimony to the City Commission pertaining to Off the Ave's appeal of the denial of their
sidewalk cafe permit application. All of the evidence is part of the .record in this case.
Required findings are made in accordance with Subsection I.
I. LDR REQUIREMENTS
A. Pursuant to LDR Section 6.3.3(F)(2), the following criteria shall be
considered in the review of annual sidewalk cafe permit applications.
A sidewalk cafe may only be established in front of the business or along a side
street adjacent to the business, or public space, and such businesses immediately
adjacent to the business with which the sidewalk cafe is associated. The sidewalk cafe
shall not be established adjacent to a travel lane or on- street parking unless there is no
ability to establish a .sideway cafe adjacent. to the storefront, in which case a sidewalk
cafe may be located adjacent to a traffic lane or street parking as long as a five foot
clear pedestrian path is provided and the tables and associated chairs provide a
minimum setback of 2' from the vehicular travel lane and associated curbing. This 2'
setback does not apply when the tables are immediately adjacent on street parking.
Have the requirements of 6.3.3(F)(2) been met as it relates to the annual
sidewalk cafe permit application for Off the Ave?
Yes No y/
3. The City Commission has applied the LDR requirements in existence at
the time the original site plan was .submitted.
4. The City Commission finds there is ample and competent substantial
.evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings..
City Commission Meeting on February 21, 2012; Item 9.A,
5. Based on the entire record before it, the City Commission approves
denies ✓` the appeal and. hereby adopts this Order this 21st day o€ February.,
2012, by a vote of 5 in favor and 0 0
ATTEST:;
Chevelle Nubir
City
•Y �
is. l
Nelson'S. McQuffie, Mayor
City Commission Meeting on February 21, 2012; Item 9.A.
2012,
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUESTS FOR THE DELRAY BEACH LIBRARY
1. This waiver request came before the City Commission on February 21,
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests for the Delray Beach
Public Library. All of the evidence is.a part of the record in this case. Required findings
are made in accordance with Subsection I.
I. WAIVERS, Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the
approving body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special ;privilege in that the same
waiver would be granted under similar .circumstances on other
property for another applicant or owner.
A. Waivers to LDR Section 4.6.7(F)(3)(f}:
Pursuant to LDR Section 4.6..7(F)(3)(f), special signing in accordance with
this Subsection, may be allowed by the Chief Building Official or his/her
designee, for special events if it is determined that the sign type meets the
following criteria:
1. the sign provides notice to the public of a public meeting or other
public event,
2. the sign is temporary and fora limited time, and
3. the sign., if allowed for a limited time, must meet the following
criteria.:
1
City Commission Meeting on February 21, 2052; Item 9.13_
(i) the sign will not conceal or obstruct adjacent land uses or
signs,
(ii) the sign will not conflict with the principal permitted use of
the site or adjoining sites,
(iii) the sign will not interfere with, obstruct vision of or distract
motorists, bicyclists or pedestrians„ and
(iv) the sign will be installed. and maintained in a safe manner.
The :approval, or disapproval, of such sign shall not be based
on the content of the message contained (i.e., the viewpoint
expressed) on such sign. The Chief Building Official or
his /her designee shall render a decision within fourteen (14)
days after an application is made for utilizing this sign type
for a special event. Such a decision shall be deemed an
administrative interpretation and any person adversely
affected has the right to appeal the decision to the City
Manager.
4. Each sign limited to less than twenty square feet (20 sq.ft.) in area;
5. Allowed fourteen (14) days prior to the event and must be removed
by the second day -after the event_
Should the waiver to exceed the twenty (20) square foot maximum non -
roadway banner size.area be granted?
Yes No
Should the waiver to allow the banners to be up for a total of one year be
allowed?
Yes No
3. The City Commission has applied the Comprehensive Plan and. LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Carder are consistent with the
Comprehensive Plan.
0
City Commission Meeting on February 21, 2012; Item 9.13.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the. facts contained
in the record including but riot limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it and subject to the condition listed. in
Exhibit "A", the City Commission approves ✓ denies the waiver request.
6. Based on the entire record before it and subject to the condition listed in
Exhibit "A" , the City Commission hereby adopts this Order this 21st day of February.,
2012, by a vote of 5 in favor and 0 opposed.
ATTEST.-f, Nelson McDuffie,
Chevello .Nub. in_q ty, Clerk
to
3
City Commission Meeting on February 21, 2012; Item 9.13
Exhibit "A"
Condition Related to the
Waiver Request/Delray Beach Public Library
The banner must be kept in a good condition as determined by the City in its sole and
absolute discretion.
El
City Commission Meeting on February 21, 2412; Item 9.13.