04-17-12 Regular MeetingCity of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, April 17, 2012 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall First
Floor Conference Room 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion
and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to
three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this
section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under
this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed
items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start
of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able
to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step
up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous
remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission
is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that
a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone:
(561) 243-7000 Fax: (561) 243-3774 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits
of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening
devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL
OF MINUTES: A. March 15, 2012 – Special/Workshop Meeting B. March 29, 2012 -Annual Organizational Meeting C. April 10, 2012 -Workshop Meeting 6. PROCLAMATIONS: A. Municipal Clerk’s Week
– April 29, 2012 – May 5, 2012 7. PRESENTATIONS: A. Representative Lori Berman – Update on Legislative Session B. Employee Suggestion Award – Mary Black, Administrative Assistant, Fire-Rescue
Department C. Presentation of a check in the amount of $23,700.00 to help fund rebuilding the Pavilion at the intersection of Atlantic Avenue and Ocean Boulevard –Beach Property Owners’
Association (BPOA) D. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation
8. CONSENT AGENDA: City Manager Recommends Approval A. RIGHT-OF-WAY DEED ACCEPTANCE: MUSE HOUSE/HARVEL COTTAGE RENOVATION PROJECT/COMMUNITY REDEVELOPMENT AGENCY (CRA): Accept a right-of-way
deed from the Community Redevelopment Agency (CRA) for the dedication of 7 feet of additional right-of-way on the west side of N.W. 5th Avenue to accommodate the recently constructed
sidewalk and bike rack associated with the Muse House/Harvel Cottage Renovation Project. B. AGREEMENTS/PALM BEACH COUNTY PROPERTY APPRAISER AND PALM BEACH COUNTY INFORMATION SYSTEM SERVICES
(ISS)/FIRE ASSESSMENT FEE: Approve proposed agreements with Palm Beach County Property Appraiser’s Office and Palm Beach County Information System Services (ISS) as it relates to the
placement of a non-ad valorem fire assessment fee on the tax roll. C. RESOLUTION NO. 22-12: Approve Resolution No. 22-12 assessing costs for abatement action required for the demolition
of an unsafe structure located at 511 N.E. 3rd Avenue. D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 5/FINAL)/FOSTER MARINE CONTRACTORS, INC.: S.W. 12TH AVENUE/AUBURN AVENUE/S.W. 14TH AVENUE
PROJECT: Approve Contract Closeout (C.O. No. 5/Final) to Foster Marine Contractors, Inc. in the amount of a $126,826.06 decrease and final payment in the amount of $31,047.90 for completion
of the S.W. 12th Avenue/Auburn/S.W. 14th Avenue Project. Funding is available from 334-3162-541-68.04 (General Construction Fund: Other Improvement/S.W. 12th Avenue/Auburn Avenue/14th
Avenue), 448-5461-538-68.04 (Stormwater Utility Fund: Other Improvement/S.W. 12th Avenue/Auburn Avenue/14th Avenue) and 442-5178-536-68.04 (W & S Renewal & Replacement Fund: Improvements
Other/S.W. 12th Avenue/Auburn Avenue/14th Avenue). E. AMENDMENT NO. 1 TO THE CONTRACT FOR SALE AND PURCHASE/WEST CORNER VENTURE, LLC.: Approve Amendment No. 1 to the Contract for Sale
and Purchase between the City and West Corner Venture LLC., to provide an extension of the closing date to take place on or before June 20, 2012. F. GRANT APPLICATION/EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG): Authorize staff to submit an application for funding in the amount of $42,212.00 through the U.S. Department of Justice Edward Byrne Memorial Justice
Assistance Grant (JAG) program which will support the Holiday Robbery Task Force, which reduces crime during the Holiday season. G. SPECIAL EVENT REQUEST/ON THE AVE: Approve a special
event request to endorse On the Ave to be held on May 17, 2012 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue
from Swinton to the west side of N.E./S.E. 6th Avenue, Railroad Avenue from Atlantic north to 150 feet north of the east/west alley, and to the alleys north and south of Atlantic on
N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, and
N.E./S.E. 4th Avenue; to authorize staff support for security and traffic control, EMS assistance and fire inspection, banner hanging and removal, barricade set up and removal, and trash
removal and clean up. H. SPECIAL EVENT REQUEST/AVDA 5K/10K WALK/RUN: Approve a special event request to endorse the 13th Annual Aid to Victims of Domestic Abuse, Inc. (AVDA) 5K/10K Walk/Run
to be held on Saturday, October 13, 2012 from 7:30 a.m. until approximately noon, with set up at 5:00 a.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of Anchor
Park and the City right-of-way along Ocean Boulevard from Bucida Road to George Bush Boulevard, to waive parking meter fees in the Anchor Park and Sandoway lots from 5:00 a.m. to 11:00
a.m., and to authorize staff assistance for providing traffic control, EMS assistance, barricading, signage, trash clean up and removal, City generator use, and set up and use of the
small stage; contingent on the receipt of the Certificate of Liability Insurance and Hold Harmless Agreement by September 29, 2012. I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period April 2, 2012 through April 13, 2012. J. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Bartow
Chevrolet in the amount of $30,069.00 and Duval Ford in the amount of $32,056.00 for two (2) replacement vehicles; additional awards going to Emergency Vehicle Supply in the amount of
$3,890.95 for the installation of police lighting and equipment in one (1) Police Department vehicle and to Knapheide Equipment in the amount of $8,750.00 for one (1) truck utility body
and equipment. Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery/Equipment/Automotive). 2. Contract award to Special Products Group (SPG) in the estimated amounts
of $84,390.00 for FY 11/12 and $85,040.00 for FY 12/13 for uniform procurement for Police Department personnel. Funding is available from various accounts. 9. REGULAR AGENDA: A. WAIVER
REQUEST/9 N.E. 2ND AVENUE: Consider a waiver request to Land Development Regulations (LDR) Section 4.4.13(F)(4)(c)(1), “Minimum Ground Level Building Setback and Frontage”, to allow
33% frontage at a maximum setback of 10’ along N.E. 2nd Avenue where 70% -90% frontage is required. (Quasi-Judicial Hearing) B. REMOVAL OF A CONDITION OF APPROVAL TO THE CONDITIONAL
USE REQUEST/MILAGRO CENTER: Consider a request to remove a condition of approval on the conditional use request for the Milagro Center to get a Letter of Acknowledgement from the Florida
Housing Finance Corporation stating that they agree that amenities required for Villages of Delray multiple family residential development could be utilized by the Milagro Child Care
Facility located at 695 Auburn Avenue. (Quasi-Judicial Hearing)
C. CHANGE ORDER NO. 3/BRANG CONSTRUCTION, INC.: Consider approval of Change Order No. 3 with Brang Construction, Inc. in the amount of $14,594.54 for the purchase of sixteen (16) bus
shelter benches, and installation of fifteen benches; as requested by Palm Tran; plus a contract time extension of 130 days for the ARRA Bus Shelters Project. Funding is available from
101-3163-544-65.70 (ARRA Economic Stimulus FD: Other Improvements/Transit Stop Bus Shelters). D. 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 Commissioner Jacquet (Seat #2). 10. PUBLIC HEARINGS:
A. ORDINANCE NO. 14-12: Consider a Future Land Use Map amendment (small-scale) from CMR (Commerce) to TRN (Transitional), rezoning from LI (Light Industrial) to NC (Neighborhood Commercial)
and text amendment modifying the description of the TRN (Transitional) Future Land Use Designation to restrict the use on the property to nonresidential development at a maximum FAR
of 0.25 for 10th & 10th Center, located at the southeast corner of S.W. 10th Street and 10th Avenue. (Quasi-Judicial Hearing) 1. AMENDMENT TO THE REDEVELOPMENT PLAN/WALLACE DRIVE: Consider
approval of an amendment to the Wallace Drive Redevelopment Plan to allow neighborhood commercial retail and service uses as a principal use at 10th & 10th Center located at the southeast
corner of S.W. 10th Street and S.W. 10th Avenue. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLICIMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior
public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission
SPECIAL/WORKSHOP MEETING MARCH 15, 2012 A Special/Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the
First Floor Conference Room at City Hall at 4:00 p.m., on Thursday, March 15, 2012. Roll call showed: Present -Commissioner Thomas F. Carney, Jr. 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
Mayor Nelson S. McDuffie called the special/workshop meeting to order and announced that it had been called for the purpose of considering the following Items. SPECIAL MEETING AGENDA
1. MUNICIPAL ELECTION RESULTS/RESOLUTION NO. 17-12: Canvass the returns, and declare the results of the March 13, 2012 First Nonpartisan and Special (Referendum) Election; approve Resolution
No. 17-12. Ms. Chevelle D. Nubin, City Clerk, read the unofficial cumulative totals as presented by the Supervisor of Elections Office for each candidate for Commission Member/Seat #2
and Commission Member/Seat #4, including all of the regular, absentee, and provisional votes as presented, and that it is hereby declared, based upon the above and foregoing unofficial
results, that Al Jacquet is elected as Commission Member/Seat #2, for a two year term commencing on the 29th day of March, 2012, and ending in accordance with the City Charter; and that
Angeleta Gray is re-elected as Commission Member/Seat #4, for a two year term commencing on the 29th day of March, 2012, and ending in accordance with the City Charter. In addition,
Ms. Nubin read the results for Ballot Question No. 1 as follows: QUESTION 1 Charter Revision relating to the length of terms and term limits for the Commission Members and Mayor Currently,
the Commission Members (including the Mayor) serve two-year terms, limited to three consecutive terms. The Charter Amendment proposes three-year terms, limited to three consecutive terms
as well as clarifying the applicability of such change as provided in Ordinance No. 44-11. If passed this amendment shall apply to the Commissioners and Mayor elected in March 2013 and
thereafter.
2 March 15, 2012 Should the above-described Charter Amendment be adopted? “For Approval” 1,236 “Against Approval” 2,080 Approve the total votes for Ballot Question No. 1, and that it
is hereby declared, based upon the above and foregoing results that Ballot Question One was not approved. Adopt Resolution No. 17-12 including Exhibit “A” as presented. Dr. Alperin moved
to approve the unofficial cumulative totals for each candidate for Commission Member/Seat #2 and Commission Member/Seat #4, including all of the regular, absentee, and provisional votes
as presented and adopt Resolution No. 17-12 including Exhibit “A” as attached, 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. 2. RESOLUTION NO. 15-12/JOINT PARTICIPATION AGREEMENT (JPA)/FLORIDA DEPARTMENT
OF TRANSPORTATION (FDOT): Adopt Resolution No. 15-12 approving a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for 50% reimbursement of operational
and capital costs associated with the Downtown Roundabout Shuttle System. Mr. Richard Hasko, Director of Environmental Services, presented this item. He stated at the January 17, 2012
Regular Meeting, Commission approved the JPA and that the resolution is also a requirement of DOT for this application and staff needs to get it approved to proceed with the agreement.
Mr. Carney moved to approve Resolution No. 15-12, seconded by Mrs. Gray. Upon roll call, the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr.
Carney – Yes; Dr. Alperin – Yes. Said motion passed with a 5 to 0 vote. 3. SETTLEMENT CONTRIBUTION/PALM BEACH COUNTY/INSPECTOR GENERAL: Approve a settlement contribution regarding the
lawsuit filed by fifteen municipalities, including the City, against Palm Beach County related to the funding for the Inspector General. Mr. Brian Shutt, City Attorney, stated this item
is regarding the lawsuit with Palm Beach County for the funding of the Inspector General and the county will have a possible ordinance going before the Palm Beach County Commission on
March 20, 2012 that would make changes to the current ordinance. He asked if the City Commission wanted to contribute to fund the Inspector General for the year and a half that the Inspector
General has been operating and has not received funds from the municipalities because of the lawsuit. He referenced the invoice in the agenda backup. He stated some municipalities have
considered a third of the cost and some a quarter of the cots. Mrs. Gray asked what impact we will have if we wait and not contribute to fund the Inspector General.
3 March 15, 2012 Mr. Shutt discussed the settlement further. Mr. Frankel stated if everyone is paying he does not have a problem with it. He asked if we are in the middle of litigation
and why would we send a check for over $30,000. He asked if the City Attorney had an idea of what other municipalities are going to do. Mr. Carney asked what happens if we do not agree
to pay anything. Dr. Alperin reiterated that this is an offer of settlement and if the municipalities agree to it then, the lawsuit is over. Mr. Shutt stated the county may change their
ordinance. Mayor McDuffie stated this is really not an offer of settlement; it is a good faith effort on behalf of the municipalities without a written offer of settlement. Dr. Alperin
asked under what grounds they would have the right to charge us for the service. He asked what the county’s response was. Discussion between Commission and staff continued. It was the
consensus of the Commission to not pay. Mayor McDuffie adjourned the Special Meeting at 4:14 p.m. WORKSHOP MEETING AGENDA 1. Congress Avenue Corridor Strategic Marketing Plan and Citywide
Economic Development Incentives Mr. Vin Nolan, Economic Development Director and Mr. Richard Reade, Sustainability/Public Information Officer, introduced this item stating it is a two
phased presentation. Mr. David Wilke, Consultant/Director of Corporate Real Estate and Advisory Services, Sperry Van Ness, conducted a presentation for a broadly based strategic marketing
plan. He introduced Lisa Tropepe, Vice-Mayor of Palm Beach Shores and President of the Palm Beach County League of Cities. Mr. Nolan summarized the item and stated the city has to have
its own internal plan; and he and Mr. Reade are working on the plan. Mr. Nolan gave an overview of existing economic conditions (Congress Avenue Corridor statistics) and the Community
Redevelopment Agency (CRA) Economic Development Incentives. Mr. Reade discussed what other communities are doing regarding their various economic development programs. Mr. Nolan highlighted
citywide economic development goals and strategies including non-fiscal strategies and recommendations. Dr. Alperin stated all of the changes would be easy to accomplish if it were designated
a CRA district. He stated we do not need to reinvent the wheel again. Mr. Carney stated he spoke with Mr. Nolan several times and supports any initiative that will develop this corridor.
He commented that this is a great effort.
4 March 15, 2012 Mrs. Gray stated she is excited about the whole program and is in support of creating a whole new CRA with a sunset date. She stated we need to look into Commission
serving as a CRA like in other cities. She asked about universities and hospitals as partners in this initiative. Mr. Frankel asked Mr. Nolan if he considers parking meters an economic
development incentive and Mr. Nolan replied that each city has its issues with parking. Mayor McDuffie stated we cannot afford not to do this. Mr. Nolan stated he and Mr. Reade will
be back before Commission with concrete plans. 2. Discussion of Possible Charter Review Committee Dr. Alperin opened this item and stated Commission has heard the discussion a few times
and it has been over ten (10) years and he thinks a review should be done. He stated the committee should consist of 8-10 people with a chair and with a completion date. It should also
have one (1) or two (2) public hearings. Mr. Frankel stated the committee should be an odd number with each commissioner appointing two each. He stated five each is too much. Mr. Harden
explained how the committee was appointed in the past. Mr. Carney stated there should be diversity of thought and stated Commission should nominate and appoint a chair. Mrs. Gray asked
what is being reviewed regarding the Charter: the whole thing or was there a specific issue. Dr. Alperin stated the whole Charter should be reviewed. Mr. Carney mentioned the roundtable
and feels we should do a “Visions 20/20” to get a larger group involved. This is a great time to get some engagement. The City Manager mentioned the American Assembly process. He stated
we will be approaching the Goal Setting process soon and suggested a citizen summit be held since it has not been done in two years. It was the consensus of the Commission to have a
citizen summit. Discussion continued between staff and Commission. It was the consensus of the Commission to place the Charter Review Committee appointment on the March 20, 2012 agenda.
3. Discuss Changes to Special Event Policies and Procedures Mr. Robert Barcinski, Assistant City Manager, stated he is present to discuss changes to the policy and obtain direction.
He discussed five recommendations regarding the Special Event Policies and Procedures. Dr. Alperin stated Commission should go item by item to discuss preferences. Mr. Carney asked why
certain organizations were grandfathered in; and asked about the time length. Mr. Frankel asked why the city is absorbing any costs.
5 March 15, 2012 Dr. Alperin stated start with 5% per year for three years so that persons can get used to this. Mrs. Gray asked if we need an event planner. Mr. Barcinski stated he
and his executive assistant spend about half of their time on events. Ms. Martin questioned the administrative fee. Mr. Barcinski stated we would charge an administrative fee for the
overtime. Mr. Frankel stated he is fine with the proposal regarding deposits. He asked why the city is not paid before an event. Nancy Stewart stated paying up front would put them out
of business. Mr. Mike Malone, Chamber of Commerce Executive Director, stated most businesses/event producers do not have the liquidity to pay up front. Mrs. Gray stated she does not
feel we should eliminate co-sponsorships. Mayor McDuffie asked about the Chris Evert and Junior Tennis Tournament Sponsorships. Mr. Barcinski discussed contracts. Mayor McDuffie stated
the two golf courses make a profit and our tennis stadium is shaky. He mentioned bidding for the Davis Cup, etc. Mr. Frankel mentioned the Tourist Development Council and grants. It
was the consensus of the Commission to implement the changes to the Special Event Policies and Procedure as recommended by staff, and make the changes consistent with the budget year.
4. Provide Direction on Valet Parking Program Options Mr. Scott Aronson, Parking Management Specialist presented a PowerPoint presentation to the Commission. Mr. Aronson stated that
the objective was to evaluate the current valet parking program, get some of the parking study recommendations equitable to the City, and provide options. He stated that the Parking
Study suggested that the location of the valet queues, the creation of uniformity among the queues, public access awareness, and having signage on the queues that represented the sponsors/restaurants
be re-evaluated. He suggested looking at other program options. He discussed several options like a fee based program throughout downtown, which could create financial value per parking
space; possibly an in-house operation to control the aspects of service; flat fee management which would be collected periodically or have a Request for Qualifications (RFQ) provided
to license each queue separately and then negotiate the fees with the qualified vendor. Mr. Aronson stated that the current revenue from the valet queues is $63,000.00 a year, which
included 40 spaces west of the Intracoastal at $100.00 per space and two (2) valet queues east of the Intracoastal at $125.00 per space. In addition, $19,200.00 per year is generated
from 40 spaces leased in the Federspiel Garage at $40.00 per space/per month to Prime Steakhouse on S.E. 2nd Avenue. There are part-time spaces from the 110 East Atlantic Building in
the Federspiel Garage used in the evenings. With the current system, the City would receive $82,200.00 per year with some efforts. Mr. Frankel stated that he attended the Downtown Development
Authority (DDA) meeting and business owners discussed valet costs in the other municipalities. There should be a minimal increase in fees and valet queues should not be transferrable,
queues should come back to the City, he does not want the consumer to suffer.
6 March 15, 2012 Mr. Harden advised that the language could be included in the agreement. Mrs. Gray stated that if there was a fee increase, it should be consistent from A1A to Atlantic
Avenue. She is also in favor of three (3) year agreements. Mr. Carney stated the City should not run valet queues; our cost compared to other municipalities is very cheap. Dr. Alperin
discussed the value of valet services to the City. He is interested in standardization so that everyone knows how many spaces they should have. Dr. Alperin asked if we have uniform requirements
for the valet staff. He liked the idea of longer contracts, but there should be room for increases and other modifications. Mr. Aronson suggested a shirt with “Valet” on the back. Mrs.
Gray discussed the congested traffic on S.E. 2nd Avenue. Mayor McDuffie said he appreciated everything that had been done. Stakeholders downtown are fine with the way the system works.
Dr. Alperin asked if all contracts would expire this month. Brian Shutt, City Attorney, suggested that the termination clause in the contracts kept. 5. Discussion of On Street Parking
Regulations Mr. Carney opened this item for discussion. He discussed the parking enforcement hours on East Atlantic Avenue (along Atlantic Avenue and SR A1A). He stated he wanted to
encourage not discourage people to go to the beach and the restaurants downtown. Mr. Harden stated this may be an ordinance change. It was the consensus of the Commission to enforce
meters beginning at 9:30 a.m. to maintain two (2) hours limit and no enforcement before 9:30 a.m. all beach parking and Atlantic Avenue Monday through Thursday only. 6. Draft Proposals
for Drainage Design Requirements Mr. Richard Hasko, Director of Environmental Services presented this item. He discussed proposed revisions to Land Development Regulations (LDR) Section
2.4.3, “Submission Requirements” and Section 6.1.9, “Drainage Systems”, beforehand. Mayor McDuffie adjourned the Workshop Meeting at 6:39 p.m. ________________________________ City Clerk
ATTEST: MAYOR
7 March 15, 2012 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission
held on Thursday, March 15, 2012, which Minutes were formally approved and adopted by the City Commission on April 17, 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 amendments, additions or deletions to the Minutes as set forth above.
MARCH 29, 2012 DELRAY BEACH CITY COMMISSION ANNUAL ORGANIZATIONAL MEETING (1) Call to Order/Roll Call. The annual Organizational 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. on Thursday, March 29, 2012. Roll call showed: Commissioner Thomas
F. Carney, Jr. Commissioner Jay Alperin Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. “Woodie” McDuffie Absent: None Also present were: David T. Harden, City
Manager Brian Shutt, City Attorney Lanelda D. Gaskins, Deputy City Clerk (2) The Pledge of Allegiance to the Flag was given. Commissioner Alperin encouraged the Commission to do their
job, read the agenda backup and vote what they know is best for the city-what is right for the community. He thanked the Commission members individually for the way they served the city
and thanked Mr. Harden stating it was a pleasure to serve with him again. He spoke to the members of the public and stated the Commission’s votes really affect them. Commissioner Alperin
stated he is proud to be a part of Delray Beach and that he served on the Commission. (3) Oath of Office administered to Newly-Elected City Commission Members. The Deputy City Clerk
administered the Oath of Office to Commissioner Alson Jacquet (Seat #2) and Commissioner Angeleta E. Gray (Seat #4). (4) Roll Call Newly Sworn-In Commission. The Deputy City Clerk called
the roll of the Commission after newly-elected City Commission Members were sworn in.
Annual Organizational Meeting March 29, 2012 2 Roll call showed: Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray
Mayor Nelson S. “Woodie” McDuffie Absent: None (5) Selection of Vice-Mayor (for the term March 30, 2012 through March 28, 2013). Commissioner Gray moved to appoint Commissioner Carney
as Vice-Mayor of the City of Delray Beach for the term March 30, 2012 through March 28, 2013, seconded by Commissioner Jacquet. Upon roll call the Commission voted as follows: Commissioner
Jacquet – Yes; Commissioner Frankel – Yes; Commissioner Gray– Yes; Mayor McDuffie – Yes; Commissioner Carney – Yes. Said motion passed with a 5 to 0 vote. (6) Selection of Deputy Vice-Mayor
(for the term March 30, 2012 through March 28, 2013). Commissioner Gray moved to appoint Commissioner Frankel as Deputy Vice-Mayor of the City of Delray Beach for the term March 30,
2012 through March 28, 2013, seconded by Commissioner Carney. Upon roll call, the Commission voted as follows: Commissioner Frankel – Yes; Commissioner Gray – Yes; Mayor McDuffie – Yes;
Commissioner Carney – Yes; Commissioner Jacquet – Yes. Said motion passed with a 5 to 0 vote. (7) Review and Acceptance of regularly scheduled City Commission Meeting dates for the period
April 2012 through March 2013. Commissioner Frankel mentioned that one of the budget meetings was scheduled for the second night of Rosh Hashanah and he feels it would be appropriate
to move the meeting to another day. Commissioner Gray asked that due to the holiday the July 3, 2012 meeting be moved to July 5, 2012. It was the consensus of the Commission to change
the date to Thursday, July 5, 2012 for the first regular meeting in July and to change the date to Thursday, September 20, 2012 for the second regular meeting in September. Commissioner
Frankel moved to approve the Commission Meeting dates as amended, seconded by Commissioner Gray. Upon roll call, the Commission voted as follows: Commissioner Gray – Yes; Mayor McDuffie
– Yes; Commissioner Carney – Yes; Commissioner Jacquet – Yes; Commissioner Frankel – Yes. Said motion passed with a 5 to 0 vote.
Annual Organizational Meeting March 29, 2012 3 (8) Establish a date for the 2013 Goal Setting Session. Commission discussed the scheduling of the 2013 Goal Setting Session with Lyle
Sumek. Commissioner Frankel moved to set the 2013 Goal Setting Session for the first or second week of April 2013, seconded by Commissioner Gray. Upon roll call, the Commission voted
as follows: Mayor McDuffie – Yes; Commissioner Carney – Yes; Commissioner Jacquet – Yes; Commissioner Frankel – Yes; Commissioner Gray – Yes. Said motion passed with a 5 to 0 vote. (9)
Review and Adoption of Rules of Procedure -Delray Beach City Commission (Local Rules). Commissioner Carney moved to adopt the Rules of Procedure as presented, seconded by Commissioner
Gray. Upon roll call the Commission voted as follows: Commissioner Carney – Yes; Commissioner Jacquet – Yes; Commissioner Frankel – Yes; Commissioner Gray – Yes; Mayor McDuffie – Yes.
Said motion passed with a 5 to 0 vote. (10) Review and Adoption of Procedures for Quasi-Judicial Hearings. Commissioner Gray moved to adopt the procedures for Quasi-Judicial Hearings,
seconded by Commissioner Frankel. Upon roll call the Commission voted as follows: Commissioner Jacquet – Yes; Commissioner Frankel – Yes; Commissioner Gray– Yes; Mayor McDuffie – Yes;
Commissioner Carney – Yes. Said motion passed with a 5 to 0 vote. (11) Review of City Commission Liaison Appointments to various Advisory Boards and outside agencies. Commission reviewed
the assigned liaisons from Boards and Outside Agencies and amended the liaison appointments. A copy of the amended assignments/appointments is attached as part of the minutes. Commissioner
Frankel moved to accept the Liaison Appointments as amended, seconded by Commissioner Jacquet. Upon roll call, the Commission voted as follows: Mayor McDuffie – Yes; Commissioner Carney
– Yes; Commissioner Jacquet – Yes; Commissioner Frankel – Yes; Commissioner Gray – Yes. Said motion passed with a 5 to 0 vote. (12) Commission Comments. Commissioner Jacquet stated this
is a great day for the City of Delray Beach and it is an honor for him to serve his city. He thanked his parents who were in attendance and his supporters as well. He stated he is always
open and willing to work for the betterment for everyone and thanked the troops who put their lives on the line to protect the great freedoms we have in this country.
Annual Organizational Meeting March 29, 2012 4 He told Mayor McDuffie that it is an honor to serve with him and the Commission and stated he looks forward to doing some great work for
the city. Commissioner Jacquet stated they will not agree all of the time but asked that they keep the spirit of “doing good” for the city in mind. He stated he plans to be very fair,
objective and to listen to all sides of every issue and to do the best he can for Delray Beach. Commissioner Gray thanked everyone who supported and contributed to her campaign and thanked
her mentors. She welcomed Commissioner Jacquet and stated she looks forward to working with him and stated this is a good Commission and they will continue to work to build together
and she looks forward to continuing to serve Delray Beach. Commissioner Carney welcomed Commissioner Jacquet and Commissioner Gray and stated that Commissioner Jacquet’s comments were
correct in that sometimes the Commission does not agree but they have a collegiality and try to serve all the citizenry of Delray Beach. He stated he is excited about the agendas they
will see this year, wishes the city all the best and is looking forward to a wonderful year. Commissioner Frankel stated it is nice to see everyone and to have standing room only with
both old and new faces. He stated it is always a pleasure working with Commissioner Gray and welcomed Commissioner Jacquet. He stated Commissioner Jacquet really impressed him with the
work he did on his campaign and is happy for him to join the family. Commissioner Frankel congratulated him and stated he looks forward to the next year. Mayor McDuffie stated the Commission
is a family. He welcomed Commissioner Jacquet and stated he looks forward to working with him. He congratulated him for running a fine race and stated he will get an experience that
many people will not have the opportunity to have and that is the honor to serve the citizens. Mayor McDuffie stated Commissioner Gray has served the city well and he is very proud that
she was elected to serve again. He stated she has been an advocate, a confidant and thanked her for her dedication to the city, the constituents and the residents. He stated he is looking
forward to another year. He stated this begins the last year of his service to the city of Delray Beach. Mayor McDuffie stated he was at meeting this morning for Senator Phil Lewis who
served for a great deal of time in the state senate. Senator Lewis is someone people go by to see if they plan to run for office because he has been a statesman and is something he aspires
to. He stated everyone should be here to serve. He stated the Commission has been the most collegial group he has had the pleasure of working with. He is pleased to have served for 5
years and pleased to be entering his sixth year and his heart will be and is to serve Delray Beach. There being no further business, the meeting was adjourned at 6:40 p.m. ___________________________
______ City Clerk
Annual Organizational Meeting March 29, 2012 5 ATTEST: _______________________________ M A Y O R The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the minutes of the Annual Organizational Meeting of the City Commission held on March 29, 2012, which minutes were formally approved and adopted by the City Commission
on April 17, 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 official only after review and approval by the City Commission which may involve amendments, additions or deletions to the minutes as
set forth above.
M E M O R A N D U M TO: Mayor and City Commissioners THRU: David T. Harden, City Manager FROM: Chevelle D. Nubin, MMC, City Clerk SUBJECT: CITY COMMISSION LIAISON ASSIGNMENTS DATE: April
3, 2012 Below is the list of City Commission Liaison assignments as approved at the March 29, 2012 Annual Organizational Meeting. BOARD LIAISON Community Redevelopment Agency Commissioner
Carney 2nd & 4th Thursdays at 5:30 p.m. Primary Member Commission Chambers Commissioner Jacquet Alternate Member Community Land Trust Mayor McDuffie 3rd Thursday at 6:00 p.m. Old School
Square Library Delray Beach Public Library Commissioner Jacquet 3rd Wednesday at 5:30 p.m. 2nd Floor Conference Room, Library Delray Beach Public Schools City Commissioners adopt a Delray
Beach Public School and serve as a liaison to that School’s Advisory Committee. The Schools are: Banyan Creek Elementary School Commissioner Frankel Second Wednesday of every month @6:30
p.m. in Media Center Spady Elementary School Mayor McDuffie April 30, 2012 @4:30 p.m. in Media Center Plumosa Elementary School Commissioner Jacquet 1st Wednesday of the month @6:15
p.m. in the Media Center Pine Grove Elementary School Commissioner Gray May 17, 2012 @6:00 p.m. in Media Center Orchard View Elementary School Commissioner Carney 1st Wednesday of every
month @5:00 p.m. in Media Center
Page 2 Village Academy Mayor McDuffie 1st Tuesday of the month @6:00 p.m. in Media Center Carver Middle School Commissioner Jacquet 2nd Thursday of the month @6:00 p.m. in Media Center
Atlantic High School Commissioner Gray April 24, 2012 and May 22, 2012 @6:00 p.m. in Media Center Downtown Development Authority Commissioner Frankel 2nd Monday at 12:00 Noon Primary
Member First Floor Conference Room, City Hall Mayor McDuffie Alternate Delray Beach Marketing Cooperative Board of Directors Mayor McDuffie 4th Thursday at 8:30 a.m. Primary Member Chamber
of Commerce Commissioner Frankel Alternate Member Drug Task Force Mayor McDuffie 3rd Friday at 8:30 a.m. Primary Member Chief’s Conference Room, Police Department Commissioner Jacquet
Alternate Education Board Commissioner Jacquet 1st Monday at 5:30 p.m. Primary Member First Floor Conference Room, City Hall Mayor McDuffie Alternate Member General Employees Retirement
Committee Meets once every quarter Historic Preservation Board Commissioner Frankel 1st and 3rd Wednesdays at 6:00 p.m. Commission Chambers Parking Management Advisory Board Commissioner
Carney 4th Tuesday at 5:30 p.m. First Floor Conference Room, City Hall Police & Fire Board of Trustees Commissioner Frankel 3rd Wednesday at 1:00 p.m. in Douglas Smith Training Room
at Fire HQ or Assistant City Manager Police Chief’s Conference Room Public Art Advisory Board Commissioner Frankel 4th Monday at 6:00 p.m. Environmental Services Department, Administration
Building 434 South Swinton Avenue
Page 3 Sister Cities Committee Mayor McDuffie 1st Thursday at 4:30 p.m. First Floor Conference Room, City Hall OTHER CITY ADVISORY BOARDS: Board of Adjustment 1st and 3rd Thursday at
5:30 p.m. City Commission Chambers, City Hall Civil Service Board Meets as needed City Commission Chambers, City Hall Code Enforcement Board 2nd Tuesday at 1:30 p.m. City Commission
Chambers, City Hall Delray Beach Housing Authority 3rd Thursday at 8:45 a.m. Lake Ida Plaza, Suite 310B 600 North Congress Avenue Financial Review Board 2nd and 4th Tuesday at 8:15 a.m.
First Floor Conference Room, City Hall Green Implementation Advancement Board 4th Thursday of each month at 1:30 p.m. Environmental Services Department 434 South Swinton Avenue, Delray
Beach Kids and Cops 1st Wednesday at 6:00 p.m. Police Department 300 West Atlantic Avenue, Delray Beach Neighborhood Advisory Council 3rd Monday at 5:30 p.m. First Floor Conference Room,
City Hall Nuisance Abatement Board 1st and 3rd Monday as needed at 3:30 p.m. City Commission Chambers, City Hall Planning & Zoning Board 3rd Monday at 6:00 p.m. City Commission Chambers,
City Hall Police Advisory Board Meets quarterly on the 2nd Monday of the month at 5:30 p.m. First Floor Conference Room, City Hall
Page 4 Public Employees Relations Commission Meets as needed City Commission Chambers, City Hall Site Plan Review and Appearance Board 2nd and 4th Wednesday at 6:00 p.m. City Commission
Chambers, City Hall OUTSIDE AGENCY APPOINTMENTS Palm Beach County League of Cities, Inc. David T. Harden, City Manager Governmental Center Board of Directors; Transportation 301 North
Olive Avenue Committee Chair; It’s the Economy Task Force West Palm Beach 33402 Commissioner Gray Contact: Richard Radcliffe, Exec. Director Co-Chair Education Committee (561) 355-4484
The Palm Beach County League of Cities, Inc. was chartered in 1969 as a non-profit corporation. The purpose of the Palm Beach County League of Cities is to promote and advance the collective
interest of the municipalities of Palm Beach County; to study municipal issues and seek desired results through cooperative efforts; to respect the principles of Home Rule; and to encourage
and enhance the quality of life of citizens of Palm Beach County. The General Membership meets once per month (normally the 4th Wednesday) at 11:30 a.m. at different host cities around
the county. The Board of Directors meets once per month (normally the 4th Wednesday) at 10:00 a.m., at various locations in Palm Beach County. Florida League of Cities, Inc. David T.
Harden, City Manager 301 S. Bronough Street, Suite 300 (32301) Urban Administration Committee Post Office Box 1757 Member Tallahassee, Florida 32302-1757 Contact: Scott Dudley, Sr. Legislative
Advocate Mayor McDuffie (850) 222-9684 Metropolitan Planning Organization Mayor McDuffie Of Palm Beach County Primary Member 160 Australian Avenue, Suite 201 P. O. Box 21229 Commissioner
Jacquet West Palm Beach 33416 Alternate Member Contact: Randy M. Whitfield, P.E. Director (561) 684-4170 or Paul Dorling (City staff) (561) 243-7040
Page 5 The Metropolitan Planning Organization of Palm Beach County was created pursuant to Chapter 339.175 of the Florida Statutes. Their objectives are to encourage and promote the
safe and efficient management, operation and development of surface transportation systems that will serve the mobility needs of people and freight within, and through, urbanized areas
of Palm Beach County while minimizing transportation related fuel consumption and air pollution. The MPO is charged with the development of short-range (5 year) and long-range (20 year)
transportation plans and programs. MPO Board (elected officials) meets on the 3rd Thursday of the month at 9:00 a.m., 12th floor Conference room at the Governmental Center, 301 North
Olive Avenue, West Palm Beach, Florida. Technical Advisory Committee (TAC, staff subcommittee) meets on the 1st Wednesday of the month at 9:00 a.m. at 2300 North Jog Road in the 4th
floor Conference Room, #4E-12, West Palm Beach. Liaison to State Representatives Lori Berman, District 86 Commissioner Frankel Bill Hager, District 87 Commissioner Jacquet Liaison to
State Senators Ellyn Setnor Bogdanoff, District 25 Mayor McDuffie Christopher L. Smith, District 29 Commissioner Gray Maria Lorts Sachs, District 30 Commissioner Frankel Liaison to United
States Representatives Ted Deutch, District 19 Commissioner Frankel Allen West, District 22 Mayor McDuffie Alcee L. Hastings, District 23 Commissioner Gray Intergovernmental Coordination
Issues Commissioner Frankel Forum Primary Member Lantana Council Chambers 500 Greynolds Circle Lantana, 33405 Contact: Ana Yeskey Commissioner Gray 9835-16 Lake Worth Road, Suite 223
Alternate Member Lake Worth 33467 Paul Dorling (561) 434-2575 City Staff Member The Intergovernmental Coordination Issues Forum reviews and makes recommendations on issues of multi-jurisdictional
significance, such as school concurrency, county wide fire rescue services, and countywide library services. The intent is to have municipalities work together on issues of countywide
concern or impact and to assist in the resolution of any disputes which may arise between local governments. The Issues Forum meets on a quarterly basis. Meeting dates are to be determined.
The Executive Committee meeting at 9:30 a.m., Issues Forum at 10:30 a.m. and IPARC at 1:30 p.m. in the Lantana Council Chambers.
WORKSHOP MEETING APRIL 10, 2012 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference
Room at City Hall at 6:04 p.m., on Tuesday, April 10, 2012. Roll call showed: Present -Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet Commissioner Adam Frankel Mayor Nelson
S. McDuffie Absent -Commissioner Angeleta E. Gray Also present were -David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor McDuffie called the
workshop meeting to order and announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA 1. Discussion of proposed agreement with the
Palm Beach County Property Appraiser related to a Fire Assessment Fee Mr. David T. Harden, City Manager, presented this item stating this would keep our options open if we were to decide
at a later date to do a fire assessment. The option that would be kept open is the ability to allow it to go on the tax bill versus requiring us to bill it separately. He stated this
would be the best course of action and the timing works out very well for budget. the amount would have to be decided prior to July 28, 2012. Mr. Harden recommend going into the agreement.
He stated the agreement does not commit the Commission to doing anything. Mr. Frankel stated no questions and he is for it. Mr. Carney stated we always need to keep our options open
and feels Commission has made it very clear regarding a fire assessment fee as an add on. Mr. Jacquet stated he had no comment. Mayor McDuffie stated it is appropriate do this and he
thinks we will see another down in property values. He discussed budget cuts. The City Manager commented that we are faced with an approximately $1,350,000 million increase in pension
costs; and health insurance is up and instead of splitting it with employees the city needs to absorb some of that. In addition, Mr. Harden stated property and casualty and liability
insurance costs will increase significantly as well as cost increases we have no control over. Mayor McDuffie mentioned the cost of economic development incentives. The City Manager
stated the incentives will need to be budgeted.
2 April 10, 2012 2. Discussion on the Possible Privatization of Code Enforcement Officer Position Mr. Harden stated some of the commissioners inquired about this specifically the position
that was created and staff has researched this. Mrs. Lula Butler, Community Improvement Director and Mr. Bruce Koeser, Human Resources Director presented this item. Mr. Koeser provided
an overview regarding what to consider regarding privatization and Mrs. Butler reviewed the organization of the Code Enforcement Division via PowerPoint highlighting how it works internally
and the community oriented approach for handling code enforcement issues. Mr. Jacquet stated he had no comment. Mr. Carney stated he agrees that segmenting a portion of the system will
be more expensive per capita. He stated he reviewed the Pompano Beach contract and asked if pension costs were included in the personnel costs presented. Mrs. Butler stated it includes
pension costs. Mr. Carney mentioned the individual contact with the residents and stated that there are some suggestions that we could save money by outsourcing and thinks this is a
broader brush than code enforcement. He stated he thinks there are savings to be had and suggested a thorough look be taken at the entire process. Mr. Frankel stated the current level
of service that code enforcement provides has to be taken into consideration and he does not know that if you privatize it, you will get the same level of service. He is not in favor
of the proposal of privatizing any part of code enforcement. Mr. Harden discussed the costs for code enforcement. Mayor McDuffie stated if there is a dramatic savings in cost, then privatization
should be considered. However, we cannot buy institutional knowledge and he referenced the interaction with the community. He stated it is hard to extract services because they are so
tightly entwined. He stated he is not against outsourcing but does not think it makes sense for us at the moment. Mr. Carney stated every single area of what the city does needs to be
reviewed to see if it can be done as efficiently by outsourcing which puts less pressure on pension systems and tax payers. 3. Presentation on Proposed Changes to the 4th of July/On
the Avenue Special Events Mr. Barcinski stated the thought process for this was to hold On the Avenue the Thursday before July 4th, changes in location and why; and where the fireworks
would be take place due to issues and costs, etc. He stated the BPOA Board did not support this concept. Ms. Sarah Martin will discuss the proposed move of “On The Avenue” to July 3,
2012 from the Central Business District to the intersection of A-1-A and Atlantic. Ms. Martin discussed the changes in location and setup regarding On The Avenue. She stated by changing
it to this date it encourages visitors to book longer hotel stays so the hotels and merchants support this. She stated the new setup for both On the Avenue and July 4th will be significantly
smaller than the former On the Avenue setup and July 4th setup in regards to the barge and docking costs. Therefore, it will result in a cost savings. She discussed the traffic routes,
road closings and the two locations for fireworks. She stated with these changes the approximate savings will be $29,000. Mr. Frankel stated he spoke with Ms. Martin this morning and
his concern is safety and that the city is not held liable for some catastrophe. At this point, Ms. Martin passed out a hold harmless agreement. He stated he has no problem with the
changes.
3 April 10, 2012 Mr. Carney stated this saves money however; he does not want to disregard the Beach Property Owners Association (BPOA) concerns; and spoke regarding the road closings.
Mr. Jacquet stated he is concerned with the costs. He asked will this result in savings for the city. He stated he is also concerned about the road closings for two days. Mr. Jacquet
stated he wants people to know which routes to take and wants to meet with Ms. Martin to get a better understanding of this. Ms. Martin stated the Delray Marketing Cooperative (DMC)
communicates effectively with hoteliers regarding maps/routes and can do this for the residents. Mayor McDuffie mentioned the fast cleanup of the city that takes place after events.
He stated he does not feel the routes will impose hardships. Mr. Barcinski stated on July 3, 2012 the music will end at 10:00 p.m. Ms. Martin stated she would like to extend the Beer
Garden as a fundraising opportunity for the BPOA. Mr. Barcinski thanked all of the staff involved with this event. Mayor McDuffie asked that Commission be provided updates periodically
regarding the July 3rd and July 4th events. Mr. Carney asked that the DMC address the BPOA traffic issue. Mayor McDuffie stated this is a great idea and far better and more controllable
plan. Mayor McDuffie adjourned the Workshop Meeting at 7:09 p.m. ________________________________ City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach,
Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, April 10, 2012, which Minutes were formally approved and adopted
by the City Commission on April 17, 2012.
4 April 10, 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 amendments, additions or deletions to the Minutes as set forth
above.
WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest
among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other
levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as
the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of
the Municipal Clerk through participation in education programs, seminars, workshops, and the annual meetings of their state, province, county, and international professional organizations;
and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby proclaim April 29-May 5, 2012 as: MUNICIPAL CLERK’S WEEK in Delray Beach, Florida and extend appreciation to our Municipal Clerk,
Chevelle D. Nubin and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 17th day of April, 2012. ____________________________ NELSON S. McDUFFIE MAYOR
MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Manager Employee Suggestion Award Committee THROUGH: David T. Harden, City Manager DATE: March 29,
2012 SUBJECT: AGENDA ITEM 7.B. -REGULAR COMMISSION MEETING OF APRIL 17, 2012 MARY BLACK EMPLOYEE SUGGESTION AWARD PRESENTATION ITEM BEFORE COMMISSION Presentation of Employee Suggestion
Award to Mary Black, Administrative Assistant, Fire-Rescue Department. BACKGROUND Mary Black submitted an Employee Suggestion for savings in the Uniforms and Linen account. As a result
of the changes she implemented, the City saved $16,817 in Fiscal Year 2010-11. According to policy, the Employee Suggestion Committee recommended that she be awarded 20% of the savings,
$3,363. This amount was approved by the City Manager and the check will be presented to her.
MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: April 10, 2012 SUBJECT: AGENDA ITEM 7.C.
-REGULAR COMMISSION MEETING OF APRIL 17, 2012 BEACH PROPERTY OWNERS'ASSOCIATION (BPOA) PRESENTATION ITEM BEFORE COMMISSION The Beach Property Owners' Association will present a check
in the amount of $23,700.00 to City Commission to help fund rebuilding the Pavilion at the intersection of Atlantic Avenue and Ocean Boulevard. BACKGROUND On November 7, 2009, the City
of Delray Beach, the Community Redevelopment Agency, and the Beach Property Owners' Association sponsored a charrette to help develop a Beach Area Master Plan. The charette provided
attendees with an opportunity to examine, discuss and make recommendations regarding various aspects of the Beach area, including such things as sidewalks, lighting, landscaping, public
amenities, and streetscape issues along with the renovation of the Beach Pavilion along Atlantic Ave and Ocean Boulevard. Over the past three years the Beach Property Owners Association
has worked with the Commission and members of city staff, to adopt and begin implementing the Beach Area Master Plan. Through many meetings and discussions a time line was developed
to determine the top priorities. The Beach Pavilion was chosen as one of the top priorities due to its visibility and historical importance. Through the hard work and dedication of many
of the members of the BPOA, fundraising efforts have taken place to help the City make sure that enough funds were in place to continue to move forward on the implementation of the Master
Plan, with the focus being on the Beach Pavilion. On March 10, 2011, the Beach Property Owners' Association initiated their first large fund-raisning event, "Delray's Got Talent", which
netted donations totaling $35,465.00 which was presented to the City Commission on March 30, 2011. This past March, a second large effort took place whereby additional funds were raised
through another show, "Delray's Got Talent: The Encore", again hosted by the Beach Property Owners' Association toward the revitalization of Delray's Municipal Beach. This evening, they
would like to make another donation in the amount of $23,700.00 to go towards the building of the Pavilion.
MEMORANDUM TO: Mayor and City Commissioners FROM: Jennifer Buce, S.P.I.R.I.T. Co-Chairperson Shakeema Gaskin, S.P.I.R.I.T. Co-Chairperson THROUGH: David T. Harden, City Manager DATE:
April 12, 2012 SUBJECT: AGENDA ITEM 7.D. -REGULAR COMMISSION MEETING OF APRIL 17, 2012 PRESENTATION OF QUARTERLY S.P.I.R.I.T. AWARD WINNERS ITEM BEFORE COMMISSION The item before the
City Commission is the recognition of two (2) quarterly winners chosen by the SPIRIT Committee for their service, performance, integrity, responsibility, innovation, and teamwork. BACKGROUND
The City of Delray Beach implemented the SPIRIT Quarterly Award Program in April 2006. The main objective of the SPIRIT Program is to award the efforts of employees who provide outstanding
quality service to our City. Winners for the last quarter are: l Tard McCoy, Community Improvement Department; Jennifer Buce will present the award. l Joseph Vashlishan, Environmental
Services; Jennifer Buce will present the award
MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: April 5, 2012 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF APRIL 17, 2012 RIGHT-OF-WAY
DEED ACCEPTANCE: MUSE HOUSE/HARVEL COTTAGE RENOVATION PROJECT/CRA ITEM BEFORE COMMISSION Acceptance of the attached right-of-way deed that provides for a 7 foot dedication adjacent to
N.W. 5th Avenue associated with the Muse House/Harvel Cottage Renovation Project. BACKGROUND The City requested the 7 foot dedication of right-of-way based on the requirement set forth
in LDR Section 5.3.1 (A) and (D). The right-of-way dedication is required to accommodate the recently constructed sidewalk and bike rack. Similar dedications have been provided with
other redevelopment projects. Due to the existing configuration of the on-street parallel parking and sidewalk, a right-of-way dedication of 7 feet is necessary. RECOMMENDATION Staff
recommends acceptance of the right-of-way deed.
MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: April 12, 2012 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF APRIL 17, 2012 AGREEMENTS/PBC
PROPERTY APPRAISER AND PBC INFORMATION SYSTEM SERVICES/FIRE ASSESSMENT FEE ITEM BEFORE COMMISSION Proposed agreements with the Palm Beach County Property Appraiser’s Office and Palm
Beach County Information System Services (ISS) as it relates to the placement of a non-ad valorem fire assessment fee on the tax roll. BACKGROUND The attached agreements provide that
the property appraiser’s office will place the non-ad valorem fire assessment, if the City adopts a fire assessment fee for that year, on the County tax bill. The initial cost of setting
up this district is estimated to be under $1000.00. Thereafter, there will be an annual fee of $150.00 per year. The agreement provides that the City must provide the Property Appraiser
with the required assessment information by July 28, 2012. The agreement with Palm Beach County ISS allows the County ISS department to use the information it receives from the Property
Appraiser concerning the non-ad valorem fire assessment and place it on the computer roll. RECOMMENDATION Staff recommends approval.
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: April 10, 2012 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF APRIL 17, 2012 RESOLUTION
NO. 22-12/UNSAFE BUILDING-STRUCTURE ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required for demolition of an unsafe structure located at 511 N.E.
3rd Avenue. BACKGROUND The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the property in the event the assessment remains unpaid.
RECOMMENDATION Recommend approval of Resolution No. 22-12.
RESOLUTION NO. 22-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY
TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto
and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS,
pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the
land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building
was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent
notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such
time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and upon failure to file
an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the
notice requirements contained within Article 7.8 have been complied with; and,
2 Res No. 22-12 WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore
pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 7.8.21 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition
as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development
Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS
FOLLOWS: Section 1. That assessments in the amount of THREE THOUSAND EIGHT HUNDRED SEVENTY AND 17/100 DOLLARS as shown by the report of the City Manager of the City of Delray a copy
of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments
so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.21 become a lien upon the respective lots and parcel(s) of land described in
said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions
as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments
are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s)
of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against
said property for the cost of abatement action regarding an unsafe building by thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed
on said property, and interest will accrue at the rate of eight percent (8%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this
resolution shall become effective immediately upon adoption and the assessment(s) contained herein shall become due and payable within thirty (30) days after the
3 Res No. 22-12 mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight percent (8%)
per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after
the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and
upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest
at the rate of eight (8%), and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this _________ day of __________________, 2012. _______________________
____________ M A Y O R ATTEST: This instrument was prepared by: Brian Shutt, City Attorney ____________________________________ 200 N.W. 1st Avenue City Clerk Delray Beach, Florida 33444
MEMORANDUM TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden,
City Manager DATE: April 6, 2012 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF APRIL 17, 2012 CONTRACT CLOSEOUT (CO #5)/FINAL: FOSTER MARINE CONTRACTORS, INC./SW 12 AVE/AUBURN/SW
14 AVENUE PROJECT ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (CO #5/Final) in the net deduct amount of ($126,826.06) and final payment amount
of $31,047.90 to Foster Marine Contractors, Inc. for completion of the SW 12 Ave./Auburn Avenue/SW 14 Ave. Project #2010-098. BACKGROUND On May 3, 2011, Commission approved a Contract
Award to Foster Marine in the amount of $1,586,019.82 for construction of improvements on SW 12th Ave./Auburn Ave./SW 14th Ave. from SW 10th St. to W. Atlantic Ave. The scope included
new pavement, micro-surfacing, curbing, parallel parking, drainage (including swales), water main upgrades, landscaping, decorative street lights (SW 1st St to W. Atlantic Ave.) and
paver crosswalks. On June 23, 2011, the City Manager approved an additional cost in the amount of $4,150.82 for electrical changes to provide LED street light fixtures in lieu of metal
halide fixtures; to be paid out of the contract's Unforeseen Conditions Allowance. Then on July 29, 2011, the City Manager approved an additional cost in the amount of $6,301.46 for
excavation and disposal of debris encountered during pipe installation; to be paid out of the Unforeseen Conditions Allowance. On September 6, 2011, Commission approved additional scope
consisting of the relocation of ten (10) Sewer cleanouts between SW 3rd and 4th St. in the amount of $6,038.50; to be paid out of the contract's Unforeseen Conditions Allowance. On September
20, 2011, Commission approved additional scope in the total amount of $24,710.49 for relocation of twelve (12) sewer laterals outside of the proposed sidewalk area in the block from
SW 2nd St. to SW 3rd St.; two (2) additional street light poles, due to the contractor not realizing that, when the revised electrical plan was issued changing the metal halide fixtures
to LED fixtures, two additional poles were added; and the installation of 72 LF of concrete ribbon as requested by the CRA, for 242 SW 12th Ave.
On October 4, 2011, Commission approved Change Order No. 1 (CO #1) for the relocation of an additional twenty-eight sewer cleanouts out of the area of the proposed sidewalk, in the additional
amount of $16,907.80; and the cost of $1,400.00 for removal of two (2) existing inlets; the cost of the removal of the two (2) additional existing inlets which were not included in the
contract price was paid from the contract's Unforeseen Conditions Allowance. On November 15, 2011, Commission approved Change Order No. 2 (CO #2) for an adjustment in contract quantities
to Contract Line Items #21 and #24 as follows: #21 -Type S-III Pavement Overbuild; quantities were added for the roadway slope adjustment along SW 12th Ave. and an existing asphalt driveway
which will require asphalt overbuild to match the proposed sidewalk grade. Line Item #24 -4' Wide concrete sidewalk; to properly transition a new driveway elevation to the existing walkway;
and a contract time extension of seven (7) additional days. On December 6, 2011, Commission approved Contract Addition (CO #3), in the total amount of $55,674.20, which included the
cost for additional parking in the amount of $47,574.20; and the cost for the quantity overrun in the amount of $8,100.00. After the contract was awarded, two (2) additional properties
were added to the project. CO #3 scope included the construction of the back-out parking, in the amount of $47,574.20, for properties located at 42 SW 12th Ave. and 136/138 SW 14th Ave.
The additional cost was funded by the CRA. In addition, CO #3 included a quantity overrun, in the amount of $8,100.00 (9 times unit price of $900), discovered during construction, on
Contract Line Item #76 Relocate Water Service and Replace Meter Box; the contract quantity was underestimated. Also, a contract time extension of a total of twenty-three (23) additional
days was included. On January 3, 2012, Commission approved Change Order No. 4 for a sod quantity shortage; 12,684 SF of Bahia Sod at $0.40/sf which equals $5,073.60 and 12,384 SF of
St. Augustine Floratam Sod at $0.45/sf which equals $5,572.80, for a total sod shortage amount of $10,646.40. The additional sod was needed for the swale grading and rear parking areas;
and additional disturbed areas that will require sod; and a contract time extension of fourteen (14) days. Change Order No. 5 includes plus and minus quantity adjustments and liquidates
the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received.
FUNDING SOURCE Residual funds to be liquidated from PO #675524 to funding accounts 334-3162-541-68.04 (General Construction Fund/Other Improvement/SW 12 Ave/Auburn Ave/SW 14 Ave), 448-5461-538-68.04
(Storm Water Utility Fund/Other Improvement/SW 12 Ave/Auburn Ave/SW 14 Ave) and 442-5178-536-68.04 (Water/Sewer Renewal & Replacement Fund/Improvements Other/SW 12 Ave/Auburn Ave/SW
14 Ave). RECOMMENDATION Staff recommends approval of a Contract Closeout (CO #5/Final) in the net deduct amount of ($126,826.06) and final payment amount of $31,047.90 to Foster Marine
Contractors, Inc. for the completion of the SW 12 Ave./Auburn/SW 14 Ave. Project.
MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: April 10, 2012 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF APRIL 17, 2012 AMENDMENT
NO. 1 TO THE CONTRACT FOR SALE AND PURCHASE/WEST CORNER VENTURE LLC ITEM BEFORE COMMISSION Approval of Amendment No. 1 to the Contract for Sale and Purchase between the City of Delray
Beach and West Corner Venture LLC. BACKGROUND The City and West Corner Venture LLC entered into a Contract for Sale and Purchase on March 20, 2012 regarding the sale of real property
located in the area of SW 10th Avenue and SW 11th Street to West Corner Venture LLC. The contract provided that the closing would take place on or before April 15, 2012. The parties
now wish to amend that date to provide that the closing will take place on or before June 20, 2012. RECOMMENDATION Approve Amendment No. 1 to the Contract for Sale and Purchase between
the City of Delray Beach and West Corner LLC.
MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: April 5, 2012
SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF APRIL 17, 2012 GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) ITEM BEFORE COMMISSION The Police Department
requests Commission approval of the Edward Byrne Memorial Justice Assistance Grant application (JAG-12) in the amount of $42,212. If awarded, these funds will assist in funding police
overtime for the annual Holiday Robbery Task force. BACKGROUND The Holiday Robbery Task Force has been in operation since 1997 and runs annually from Thanksgiving through New Year's
Day to provide saturation of patrol units in all shopping centers within the City and for First Night. This patrol effort has reduced crime during the holiday season. This is a renewal
of a grant we have received for the last several years. FUNDING SOURCE Funding is provided through the U.S. Department of Justice's Edward Byrne Memorial Justice Assistance Grant (JAG)
Program. There is no match requirement. RECOMMENDATION The Police Department recommends approval of the grant application.
1 Edward Byrne Memorial Justice Assistance Grant Program 2012 Local/Annual – CFDA#16.738 Delray Beach Police Department Program Narrative Attachment #1 DRAFT The Delray Beach Police
Department’s Holiday Robbery Task Force has been operational since 1997. This Task Force runs annually from Thanksgiving through New Year’s Eve and provides a saturation of patrol units
in all shopping centers within the City of Delray Beach. The Police Department provides high profile visibility, utilizing approximately 100 different officers throughout the holiday
season. During the course of the program in 2011, over one thousand, three hundred hours were dedicated to this project. The Holiday Robbery Task Force serves as an important deterrent,
reducing the number of serious crimes during the Holiday Season when crimes of opportunity tend to increase. In addition, the presence of officers is expected to make citizens and visitors
feel more secure. If a crime should occur, officers are on site and available to intervene. During the 2012 holiday season, we expect the Holiday Robbery Task Force to be deployed in
the following commercial areas: Delray Crossings Plaza (with the anchor store of Target, Outback and Steak-n-Shake restaurants), Super Walmart, Delray Square, Boca/Delray Plaza, Delray
West Plaza, Pines West Plaza, Plaza Delray (with the anchor stores of Publix Supermarket, Regal Cinemas, and Staples), and the Downtown Delray Beach business/art district with specialty
shopping and restaurants (inclusive of Atlantic Avenue from Swinton Avenue to the Intracoastal Coastal Waterway). The projected cost
2 to continue the Holiday Robbery Task Force for 2012 is anticipated to remain on par with the prior year and the number of needed officers for this project will remain approximately
the same. Last year’s total cost was $62,389.74, with $53,503 funded through the FY 2011 JAG and the remainder being funded by the City. For the upcoming 12/13 fiscal year, we are requesting
the full JAG allocation of $42,212 go towards funding this important program. All additional program costs, including other benefits, will be funded by the City.
Edward Byrne Memorial Justice Assistance Grant Program 2012 Local/Annual – CFDA#16.738 Delray Beach Police Department Budget and Budget Narrative Attachment #2 Budget Narrative: In order
to support the Department’s deployment plan for the Holiday Robbery Task Force, we are requesting funding for the cost of overtime for officers who will be deployed in the targeted areas.
These officers will provide high visibility patrols and serve as a crime deterrent. In addition, the presence of officers is expected to make citizens and visitors feel more secure.
If a crime should occur, officers are on site and available to intervene. We anticipate the program’s cost to be on par with the prior year’s cost, with the number of officers needed
for this project remaining approximately the same. We are requesting the full allocation of $42,212 to support this program. Of that, $39,212 would directly fund overtime costs and $3,000
would support the cost of FICA. Below is an itemized outline of the proposed budget. Budget: The following is an outline of estimated project expenses needed to support the Delray Beach
Police Department’s Holiday Robbery Task Force. Requested JAG Funds PERSONNEL Overtime for officers assigned to the Holiday Robbery Task Force and deployed in targeted areas as a crime
prevention tool $ 39,212 FRINGE BENEFITS FICA (7.65% of salary) $ 3,000 TRAVEL $ 0 EQUIPMENT $ 0 SUPPLIES $ 0 CONSULTANTS/CONTRACTS $ 0 OTHER $ 0 Total federal funding requested from
JAG: $ 42,212
MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: April 10, 2012 SUBJECT: AGENDA ITEM 8.G. -REGULAR
COMMISSION MEETING OF APRIL 17, 2012 SPECIAL EVENT REQUEST /ON THE AVE ITEM BEFORE COMMISSION City Commission is requested to approve a Special Event Permit for On the Ave scheduled
for May 17, 2012 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of NE/SE 6th
Avenue, Railroad Avenue from Atlantic north to 150 feet north of the east/west alley, and to the alleys north and south of Atlantic on NE/SE 1st Avenue, NE/SE 2nd Avenue, SE 3rd Avenue
and NE/SE 4th Avenue and to authorize staff support for security and traffic control, EMS assistance and fire inspection, banner hanging and removal, barricade set up and removal, trash
removal and clean up. BACKGROUND Attached are the special event permit request, site plan, budget and Economic Calculator for this event received from Sarah Martin, Executive Director
of the Delray Beach Marketing Cooperative. The estimate of overtime costs for this event is $6,705 and cost for the barricade rental is estimated at $110. Based on the event agreement,
the DBMC is to pay the City 35% for all overtime costs plus the full cost of barricade rental for an estimated charge of $2,457. RECOMMENDATION Staff recommends approval of the Special
Event Permit, approval of the temporary use permit and street closures, staff support as stated above, including barricades with payment of costs to the City per the Special Event Policies
and Procedures.
MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: April 10, 2012 SUBJECT: AGENDA ITEM 8.H. -REGULAR
COMMISSION MEETING OF APRIL 17, 2012 SPECIAL EVENT REQUEST /AVDA 5K/10K WALK/RUN ITEM BEFORE COMMISSION City Commission is requested to approve a Special Event Permit for the 13th Annual
Aid to Victims of Domestic Abuse, Inc. 5K/10K Walk/Run to be held on Saturday, October 13, 2012 from 5:00 a.m. until approximately noon, set up at 5:00 a.m., race to start 7:30 a.m.
Commission is also requested to approve a temporary use permit per LDR Section 2.4.6(F) for the use of Anchor Park and the City right-of-way along Ocean Boulevard from Bucida Road to
George Bush Boulevard, to waive parking meter fees in Anchor Park and Sandoway lots, and to authorize staff assistance for providing traffic control, EMS assistance, barricading, signage,
trash pick up and removal, set up and use of the small stage, and use of a City generator. BACKGROUND Attached are the Special Event Permit, site plan and budget we received from Pamela
O’Brien, on behalf of AVDA, to hold their 13th Annual 5K/10K Walk/Run on Saturday, October 13, 2012. The route requested is on A-1-A from Bucida Road to George Bush Boulevard. AVDA volunteers
will assist with marshals and will provide assistance with clean up. The stage will be set up in the park on Friday and removed on Monday. The estimated overtime costs for the event
is approximately $5,010, stage rental is $265 and barricades rental $100 for a total of $5,375. Per the new Special Event Policies and Procedures, the event producer is required to pay
100% of all City costs. RECOMMENDATION Staff recommends approval of the Special Event Permit, the temporary use permit, and the waiver of parking fees in Anchor and Sandoway parking
lots from 5:00 a.m. until 11:00 a.m. We also recommend authorization to provide staff assistance for traffic control, EMS, barricading, signage, clean up, City generator, and stage set
up and use contingent on the receipt of the Certificate of Liability Insurance and Hold Harmless Agreement by September 29, 2012.
MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: April 12, 2012 SUBJECT: AGENDA
ITEM 8.I. -REGULAR COMMISSION MEETING OF APRIL 17, 2012 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review
of appealable actions which were taken by various Boards during the period of April 2, 2012 through April 13, 2012. BACKGROUND This is the method of informing the City Commission of
the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has
not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides
that the City Commission may file an appeal. To do so: · The item must be raised by a Commission member. · By motion, an action must be taken to place the item on the next meeting of
the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of April 11, 2012 A. Tabled (6 to 0), an amendment to the blanket sign program for
Linton Square, located at the northeast corner of Linton Boulevard and Congress Avenue, to allow two flat wall signs for a new business within the center known as Dr. G’s Urgent Care
(1425 South Congress Avenue). The Board requested that the applicant revise the proposed sign colors. B. Approved (6 to 0), a request for a color change for Chase Bank, located at 5070
Atlantic Avenue (south side of West Atlantic Avenue, west of Military Trail). C. Approved (6 to 0), a Class I site plan modification request associated with the removal of
existing awnings, replacing the existing balcony railings for the New Monmouth Condominium, located at 36 South Ocean Boulevard (west side of South Ocean Boulevard, south of East Atlantic
Avenue). The Board tabled on a 6 to 0 vote the color change request. D. Approved with conditions (5 to 0, Shane Ames stepped down), a Class III site plan modification associated with
the conversion of a fraternal lodge to restaurant including interior and exterior renovations for Racks Restaurant, located at 5 SE 2nd Avenue (east side of SE 2nd Avenue, south of East
Atlantic Avenue). Historic Preservation Board Meeting of April 4, 2012 1. Approved (6 to 0, Ana Maria Aponte absent), a Class V Site Plan and a Certificate of Appropriateness associated
with a change of use from single-family residential to office for the properties located at 182-186 NW 5th Avenue, West Settlers Historic District. RECOMMENDATION By motion, receive
and file this report. Attachment: Location Map
MEMORANDUM TO: Mayor and City Commissioners FROM: Kevin Rumell, Fleet Superintendent Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden, City Manager
DATE: April 6, 2012 SUBJECT: AGENDA ITEM 8.J.1 -REGULAR COMMISSION MEETING OF APRIL 17, 2012 PURCHASE AWARD/VEHICLES/MULTIPLE VENDORS ITEM BEFORE COMMISSION City Commission is requested
to approve the purchase of two (2) replacement vehicles from two different vendors utilizing the Florida Sheriff's Association Contract. Vendors are Bartow Chevrolet in the amount of
$30,069 for a PD pursuit rated Tahoe, and Duval Ford in the amount of $32,056 for a Fire/Rescue EMS Supervisor's vehicle, with additional awards to Emergency Vehicle Supply in the amount
of $3,891 for the installation of Police lighting and related equipment in one Police vehicle, and Knapheide Equipment in the amount of $8,750 for one truck body, for a total award amount
of $74,766.00. BACKGROUND Replacement of two (2) City vehicles based on age and life-to-date maintenance costs. Vendor Type Cost Contract # Bartow Chevrolet (1) 2012 Tahoe Pursuit Vehicle
$30,069.00 FSA-Bid #11-19-0907 Spec. #3 Duval Ford (1) 2012 F-350 1 Ton 4x4 Cab and Chassis $32,056.00 FSA-Bid #11-19-0907 Spec. #41 Emergency Vehicle Supply (1) Installation of Police
Lighting and Related Equipment $3,891.00 Selected Preferred Vendor by DBPD Knapheide Equipment (1) Utility Body and Equipment $8,750.00 Quotes: Knapheide -$8,750 Rayside-$9,293 FSA-$9,800
Total $74,766.00
FUNDING SOURCE 501-3312-591-64.20 (Garage Fund/Machinery Equipment/Vehicle Replacement) RECOMMENDATION Staff recommends the award of one (1) vehicle to Bartow Chevrolet in the amount
of $30,069, one (1) vehicle to Duval Ford in the amount of $32,056, with additional awards to Emergency Vehicle Supply in the amount of $3,891 for the installation of Police lighting
and related equipment in one (1) Police vehicle and to Knapheide Equipment in the amount of $8,750 for one (1) truck body, for a total award amount of $74,766.00.
City of Delray Beach Vehicle Replacement Recommendations FY 2011-2012 Vehicle # New Veh. # Department Assigned Vehicle Make Model Old Vehicle Description Year Mfg. Expected Life Age
in Years Current Odometer Original Cost LTD Cost Maint % Maint Cost/Pur Cost/LTD New Vehicle Desccription Make Model Repl. Cost Upfitter Cost Total Cost Contract Vendor Comments/Summary
1421 1220 Police Ford Explorer SUV 2004 7 8 83,009 $23,113 $24,024 104% 4 Door SUV Pursuit Chevy Tahoe $30,069 $3,891 $33,960 FSA Bartow Chevy at 104% LTD, but low mileage (goes to CSI)
200112 201212 Fire Ford Excursion SUV 2001 10 11 116,048 $31,065 $65,517 211% 1 Ton 4x4 Exten.Cab Pickup Ford F-350 $32,056 $8,750 $40,806 FSA Duval Ford Age, Mileage, Extreme High 211%
LTD Prepared by City of Delray Beach 4/11/2012 Page 1
MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: April 11,
2012 SUBJECT: AGENDA ITEM 8.J.2 -REGULAR COMMISSION MEETING OF APRIL 17, 2012 CONTRACT AWARD/SPECIAL PRODUCTS GROUP (SPG) ITEM BEFORE COMMISSION The Police Department requests approval
of a contract with Special Products Group (SPG) for uniform procurement for Police Department personnel. Prices will be “piggy-backed” from the attached contract with the City of Boynton
Beach. Purchases will also be made through a SPG contract with the City of Melbourne if it provides better pricing. BACKGROUND After a significant amount of research and communication
with various stake holders, the Police Department has decided to convert to a new style of uniforms. One reason behind this change was the decision to adopt a mandatory wear policy for
bullet proof vests. The health and safety benefits of this position are obvious. The new policy also allows us to be eligible for grant dollars we would not be able to access otherwise.
In order to make the mandatory wear policy practical, however, it was necessary to explore different options for uniforms. Our Department will be adopting a vest that is worn over the
shirts (as opposed the current vests which are worn under the shirt). This switch offers many benefits to the employees, including less back strain and easier access to equipment. It
is a style already adopted by many Police Departments in the area. Several cost saving factors were built into this proposal. The Department currently has three classes of uniforms.
One of those (the class “C” which is used as a utility uniform and an alternative to the class “B”) will be eliminated. We will no longer be providing jackets but have opted for lower
cost sweatshirts instead. The new class “B” uniform will be less expensive than the current one. We will be consolidating vendors and vests so that bullet proof vests will be standardized
and purchased from the same vendor. The new uniform purchases will be staggered over two years and will correspond with the replacement of bullet proof vests which is already scheduled.
SPG was previously approved to provide uniforms for the Delray Beach Fire Department and is also a vendor used by this Department. We have found them to consistently provide a high quality
product at a competitive price.
Costs are projected to be $84,400 for FY 11/12. Funds will come from the current year’s budget (from the uniform funding already allocated as well as equipment purchases which will be
deferred or where cost savings was realized). Costs for the FY 12/13 are projected to be $85,000 and are being requested as part of our uniform needs in the upcoming budget (projections
attached). Included in these figures are replacements of standard and dress uniforms on an as-needed basis. Prices are from the attached contract with Boynton Beach. Also attached is
an explanation of the “balance of line” clause. The price estimates above are based on the City of Boynton Beach contract with SPG which includes a 25% discount for "balance of line"
items. In November 2011, the Commission approved for Fire Department uniforms to be purchased from SPG through a contract with the City of Melbourne which included a 30% discount for
"balance of line" items. The Police Department uniform purchases will be made from the agreement (either Boynton Beach or Melbourne) that provides the better pricing which could reduce
costs further. FUNDING SOURCE Funding will be provided from the following accounts: 001-2111-521-52.22, 001-2111-521-52.27, 001-2115-521-52.22, and 001-2115-521-52.27 RECOMMENDATION
The Police Department recommends approval.
Special Products Group 2023 Corporate Drive Boynton Beach, FL 33426 (561) 732-0360 (561) 732-0879 Fax Terms: Net 30 Delivery: Delray Beach Police Department Salesperson: Store ATTN:
Sergeant John Crane-Baker Date: April 11, 2012 Phone: 561-243-7601 Cell: 561-239-2827 Email: cranebak@mydelraybeach.com In response to your inquiry, please consider the following proposal:
STYLE # DESCRIPTION QTY UNIT PRICE EXTENDED EXPIRES 71049 511 Performance Polo Short Sleeve (includes affixing Dept provided patches -no charge) Size XS-2XL each $27.50 12/31/2012 Size
3XL each $31.00 12/31/2012 71049 511 Performance Polo Short Sleeve (includes embroidery of badge and name/title) Size XS-2XL each $37.50 12/31/2012 Size 3XL each $41.00 12/31/2012 72049
511 Performance Polo Long Sleeve (includes affixing Dept provided patches -no charge) Size XS-2XL each $33.74 12/31/2012 Size 3XL each $35.24 12/31/2012 Hanes Sweatshirt Black: Size
S-XL each $12.50 12/31/2012 Size 2XL each $15.75 12/31/2012 Size 3XL each $17.00 12/31/2012 Size 4XL each $18.00 12/31/2012 (includes affixing Dept provided patches -no charge) 74369
5.11 Stryke Pant, Black 019 each $56.24 12/31/2012 Sizes 28-44 DN 5735 Safariland Front Opening External each $150.00 12/31/2012 Outer Carrier (for ballistic panels) TP-X-X Safariland
Set of Six Pouches, each $85.05 12/31/2012 Molle, Black VB -S/G Velcro Badge; Embroidered badge each $7.50 12/31/2012 with velcro backing (silver or gold NT -S/G Velcro Name Tag, Embroidered
each $2.50 12/31/2012 Name Strip with velcro backing 7200 Bianchi Nylon Belt with tri-release each $39.00 12/31/2012 buckle, 2.25" Quick-Kit 1 Safariland QLS Kit (one fork and each $22.50
12/31/2012 one receiver plate) 6004-22 Safariland QLS Receiver Plate each $15.00 12/31/2012 BR01 Lvl2 Safariland's ABA Concealment each $453.00 12/31/2012 Armor: BR01 Lvl2 w/2 AJ carriers
TOTAL: $0.00 PRICES ARE VALID ONLY FOR ONE ORDER OF QUANTITY STATED & SHIPPED TO ONE LOCATION Due to Credit Card Fees, Special Products Group does not accept credit card payments for
invoices generated by bids, quotes, or contracts in excess of two hundred dollars. Exceptions to this policy must be authorized in writing on an individual basis by SPG. All quotes shall
be subject to acceptance by Special Products Group at Boynton Beach Principle Office.Gerard C Scheller QUOTATION ARMOR -Concealment + Tactical: ABA, Safariland, Protech, Savvy,Second
Chance, UNIFORMS: 5.11 Tactical, Fechheimer, Blauer, Southeastern, Liberty,and more. LESS THAN LETHAL PRODUCTS: Defense Technology EQUIPMENT: Duty Gear, Boots, Flashlights, Badges, Rainwear,
Gloves, Badge Wallets, and MORE! EMBROIDERY: Our expert staff can enhance your Jackets, Polo Shirts, Uniform Shirts, etc. www.SpecialProductsGroup.com or www.ShopSPG.com
DELRAY BEACH POLICE DEPARTMENT Projected New Uniform Expenses FY 11/12 52.22 52.22 52.27 52.27 UNIFORM SWEATSHIRT VEST MISC. EQUIP Totals Alpha Days Lt. Eberhart $320 $20 $450 $350 $1,140
Sgt. Caldwell $320 $20 $350 $690 Wesner (H) $320 $20 $350 $690 Gregory (CIT) $320 $20 $450 $350 $1,140 Swanson $320 $20 $450 $350 $1,140 Bowers (S) $320 $20 $350 $690 Robertson $320
$20 $350 $690 Lugo (Sp) $320 $20 $450 $350 $1,140 Jones, T. $320 $20 $450 $350 $1,140 Lundgren (Light Duty) $320 $20 $450 $350 $1,140 Sgt. Hynes $320 $20 $450 $350 $1,140 Messer (FTO)
$320 $20 $450 $350 $1,140 Rashkind (D) $320 $20 $450 $350 $1,140 Whiting (FTO/H/CIT) $320 $20 $450 $350 $1,140 Dinan, B. (FTO) $320 $20 $450 $350 $1,140 Harris (D/CIT) $320 $20 $450
$350 $1,140 Mead $320 $20 $350 $690 Dinan, W (Reassigned to traffic until 4/6/12) $320 $20 $450 $350 $1,140 Alpha Days total $18,270 Bravo Days Lt. Saunders $320 $20 $350 $690 Sgt. Evans
$320 $20 $450 $350 $1,140 Miller, J. (FTO/CIT) $320 $20 $350 $690 Riccio (H) $320 $20 $450 $350 $1,140 Parzyck $320 $20 $350 $690 Turberville (CIT) $320 $20 $450 $350 $1,140 Batista
(S/Sp.) $320 $20 $450 $350 $1,140 Carbone $320 $20 $350 $690 Brown, Ma. $320 $20 $350 $690 Frozen Sgt. McGuire $320 $20 $350 $690 Arena, S. $320 $20 $450 $350 $1,140 Wilson $320 $20
$350 $690 Addea, R. $320 $20 $350 $690 Barbire (CIT) $320 $20 $350 $690 Erickson $320 $20 $450 $350 $1,140 Rackauskas (Sp.) $320 $20 $350 $690 Naparstek $320 $20 $350 $690 Bravo Days
total $14,430 Alpha Nights: Lt. M. Moschette $320 $20 $450 $350 1140 Sgt. Gray $320 $20 $450 $350 1140 Sniffen (FTO) $320 $20 $350 690 Van Ness $320 $20 $450 $350 1140 Mitchell, R. (S)
$320 $20 $350 690 1
DELRAY BEACH POLICE DEPARTMENT Projected New Uniform Expenses FY 11/12 52.22 52.22 52.27 52.27 UNIFORM SWEATSHIRT VEST MISC. EQUIP Totals Steed $320 $20 $350 690 Cianciaruli $320 $20
$350 690 Sgt. Weber $320 $20 $450 $350 1140 Laurent (Cr.) $320 $20 $450 $350 1140 Warne $320 $20 $350 690 Schickedanz $320 $20 $450 $350 1140 Costello $320 $20 $450 $350 1140 Carrera
(Sp.) $320 $20 $450 $350 1140 Sgt. Rasor $320 $20 $450 $350 1140 Brotz (FTO) $320 $20 $350 690 Ferraiolo $320 $20 $450 $350 1140 Siegel $320 $20 $450 $350 1140 Giordano $320 $20 $350
690 Boland $320 $20 $450 $350 1140 Tolbert K-9 $320 $20 $350 690 Alpha Nights total $19,200 Bravo Nights Lt. Rubin $320 $20 $450 $350 $1,140 Sgt. Arena $320 $20 $450 $350 $1,140 Jabcuga
$320 $20 $350 $690 Fernandez (Sp.) $320 $20 $350 $690 Mintus $320 $20 $350 $690 Sapyta (S) $320 $20 $350 $690 Sala $320 $20 $350 $690 Sgt. Griffith $320 $20 $450 $350 $1,140 Lowry (DUI)
$320 $20 $450 $350 $1,140 Leon (Sp.) $320 $20 $450 $350 $1,140 Muller $320 $20 $450 $350 $1,140 Florvil (Cr.) $320 $20 $450 $350 $1,140 Vacant $0 Sgt. Baer $320 $20 $450 $350 $1,140
Umbriac (FTO) $320 $20 $350 $690 Miller, B. $320 $20 $450 $350 $1,140 DiCarlantonio $320 $20 $350 $690 Geraci $320 $20 $450 $350 $1,140 Frazier $320 $20 $450 $350 $1,140 Margolis K-9
$320 $20 $350 $690 Bravo Nights Total $18,060 P.O.P. Team Lt. Coleman $320 $20 $350 $690 Sgt. Weatherspoon $320 $20 $450 $350 $1,140 Chin-Que $320 $20 $450 $350 $1,140 Rusczyk (H/S/CIT)
$320 $20 $450 $350 $1,140 Grammatico (H/CIT) $320 $20 $450 $350 $1,140 Skeberis (H) $320 $20 $350 $690 Trapasso $320 $20 $350 $690 Merk $320 $20 $450 $350 $1,140 POP Total $7,770 Clean
& Safe: Alpha Shift* 2
DELRAY BEACH POLICE DEPARTMENT Projected New Uniform Expenses FY 11/12 52.22 52.22 52.27 52.27 UNIFORM SWEATSHIRT VEST MISC. EQUIP Totals Casarez $320 $20 $450 $350 $1,140 Milicchio
$320 $20 $350 $690 Clean & Safe: Bravo Shift* Duarte $320 $20 $350 $690 McInerney $320 $20 $350 $690 POP/Clean & Safe Clean & Safe Total $3,210 FTO Masi $320 $20 $350 $690 Grubb $320
$20 $350 $690 Brown $320 $20 $350 $690 Digsby $320 $20 $350 $690 Alpert $320 $20 $350 $690 FTO Totals $3,450 TOTAL $84,390 3
DELRAY BEACH POLICE DEPARTMENT Projected New Uniform Expenses for Budget FY12-13 52.22 52.22 52.27 52.27 UNIFORM SWEATSHIRT VEST MISC. EQUIP Totals Investigative Unit Sims $320 $20 $450
$350 $1,140 Battiloro $320 $20 $450 $350 $1,140 Ferreri $320 $20 $350 $690 Finley $320 $20 $350 $690 Gallina $320 $20 $350 $690 Hart $320 $20 $450 $350 $1,140 Hunter $320 $20 $450 $350
$1,140 Kearney $320 $20 $350 $690 Moschette, F $320 $20 $450 $350 $1,140 Moschette, R $320 $20 $350 $690 Pitti $320 $20 $450 $350 $1,140 Quinn $320 $20 $450 $350 $1,140 Sapino $320 $20
$450 $350 $1,140 Sosa $320 $20 $450 $350 $1,140 Thume $320 $20 $450 $350 $1,140 Young $320 $20 $450 $350 $1,140 Total $5,120 $320 $4,950 $5,600 $15,990 Inv. Unit. Totals $5,440 $10,550
CSU Cambell $320 $20 $450 $350 $1,140 Debree $320 $20 $450 $350 $1,140 Keating $320 $20 $450 $350 $1,140 Martinez $320 $20 $350 $690 McCabe, L $320 $20 $450 $350 $1,140 Stevenson $320
$20 $450 $350 $1,140 Warzoha $320 $20 $450 $350 $1,140 Total $2,240 $140 $2,700 $2,450 $7,530 CSU Totals $2,380 $5,150 Investigative Gd. Total $7,820 $15,700 AHS CJ Addea, D $320 $20
350 $690 COMMAND STAFF Strianese $320 $20 $450 $350 $1,140 Milenkovic $320 $20 $450 $350 $1,140 Flynn $320 $20 $450 $350 $1,140 Total $960 $60 $1,350 1050 $3,420 Goldman $320 $20 $450
$350 $1,140 Mitchell $320 $20 $350 $690 Privitera $320 $20 $450 $350 $1,140 TRAFFIC Brown $320 $20 $350 $690 Collaretti $320 $20 $450 $350 $1,140 Cramer $320 $20 $350 $690 Jacobson $320
$20 4 $350 $690
DELRAY BEACH POLICE DEPARTMENT Projected New Uniform Expenses for Budget FY12-13 52.22 52.22 52.27 52.27 UNIFORM SWEATSHIRT VEST MISC. EQUIP Totals Reed $320 $20 $350 $690 Total $1,600
$100 $450 $1,750 $3,900 $1,700 $2,200 Narcotics Unit: VIN Staff member $320 $20 $450 $350 $1,140 Staff member $320 $20 $350 $690 Staff member $320 $20 $450 $350 $1,140 Staff member $320
$20 $350 $690 Staff member $320 $20 $450 $350 $1,140 Staff member $320 $20 $450 $350 $1,140 COMMUNITY RESPONSE Heysler $320 $20 $450 $350 $1,140 Staff member $320 $20 $450 $350 $1,140
Total $2,560 $160 $2,700 2800 $8,220 $2,720 5500 SNEU Chin $320 $20 $350 $690 Deen $320 $20 $450 $350 $1,140 Lucas, N $320 $20 $450 $350 $1,140 Mccabe, E $320 $20 $450 $350 $1,140 Staff
member $320 $20 $450 $350 $1,140 Scott $320 $20 $450 $350 $1,140 Total $1,920 $120 $2,250 2100 $6,390 SNEU Totals $2,040 4350 Narcotics Unit Totals: $4,760 $9,850 SUPPORT Guerriero $320
$20 $350 $690 Mager $320 $20 $450 $350 $1,140 Training: Crane-Baker $320 $20 $340 Aronowitz $320 $20 $450 $350 $1,140 Braswell $320 $20 $340 New Hires (4) $1,280 $80 $3,600 2800 $7,760
Training Total $2,240 $140 $4,050 3150 $9,580 $18,560 $1,160 $19,800 $21,000 $60,520 Grand Totals $19,720 $40,800 Support $3,840 $240 $5,850 $4,900 $14,830 $4,080 $10,750 Operations
$14,720 $920 $13,950 $16,100 $45,690 $15,640 $30,050 $45,690 $60,520 5
DELRAY BEACH POLICE DEPARTMENT Projected New Uniform Expenses for Budget FY12-13 52.22 52.22 52.27 52.27 UNIFORM SWEATSHIRT VEST MISC. EQUIP Totals Replacement: (As only 3 new shirts
are included, due to wear and tear additonal are needed throughout the year.) Patrol $0 Additional (35) Uniforms $11,200 $700 $11,900 Additional (1) Vest $450 $450 Additional (4) Equipment
1400 $1,400 Class A Uniform (25) $2,250 $2,250 Patrol Replace Total $13,450 $700 $450 $1,400 $16,000 $14,150 $1,850 Investigations Section Investigations (8) Uniforms $2,560 $160 350
$3,070 Class A (8) Uniforms $720 $720 CSU (3) Uniforms $960 $60 $1,020 Class A (3) Uniforms $270 $270 Inv. Section Total $4,510 $220 $0 $350 $5,080 $4,730 $350 Narcotics Enforcment Unit:
VIN (5) Uniforms $1,600 $100 $1,700 Class A (5) Uniforms $450 $450 SNEU (3) Uniforms $960 $60 $1,020 Class A (3) Uniforms $270 $270 Nar. Total Replace $3,280 $160 $0 $0 $3,440 $3,440
$0 Ops. Replacement Totals: $21,240 $1,080 $450 $1,750 $24,520 $22,320 $2,200 New and Replacement Totals Support Gd. Total $3,840 $240 $5,850 $4,900 $14,830 $4,080 $10,750 $14,830 Ops
Grand Total $35,960 $2,000 $14,400 $17,850 $70,210 $37,960 $32,250 $70,210 DEPT TOTAL FY 12/13 $85,040 DEPT TOTAL FY 11/12 $84,390 TOTAL -Both years $169,430 6
MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: April 11, 2012 SUBJECT:
AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF APRIL 17, 2012 WAIVER REQUEST/9 N.E. 2ND AVENUE ITEM BEFORE COMMISSION Consideration of a waiver request to the lower level frontage and
setback requirements for 9 NE 2nd Avenue. This waiver would allow 33% frontage at a maximum setback of 10 ft. along N.E. 2 ndAvenue where 70%-90% frontage is required pursuant to LDR
Section 4.4.13(F)(4)(c)(1). BACKGROUND Waiver Requests LDR Section 2.4.7(B)(5) Findings: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make
a finding that granting 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. Ground Level Setback and Frontage Requirements: A waiver has been requested to allow 33% frontage along NE 2nd Avenue at a maximum setback of 10’ rather than the 70%-90%frontage
required, pursuant to LDR Section 4.4.13(F)(4) (c)(1). Pursuant to LDR Section 4.4.13(F)(4)(c)(1), a minimum of 70% and a maximum of 90% of the building frontage shall be set back no
greater than ten feet (10’) from the property line for buildings up to
twenty-five feet (25’) in height. The remaining length of the building shall be setback a minimum of fifteen feet (15’). The applicant has provided the following justification statement
regarding the waiver request: “The existing structure has approximately forty-nine feet (49’) of building frontage. Therefore, a minimum of approximately 34’ and a maximum of approximately
44’ of the building frontage is required to be set back no greater than ten feet (10’) from the property line. The proposed building design of the Property seeks to demolish approximately
thirty-three feet (33’) of existing building frontage, which is currently set back only four feet (4’) from the property line, and rebuild and relocate it ten feet (10’) further into
the space. The new setback from the property line would be fourteen feet (14’). Stated otherwise, approximately 67% of the building frontage would be setback more than 10’ from the property
line...The entire roof, columns and structural supports are to remain and will not be moved. The existing non-load bearing glass storefront will be replaced with a folding impact glass
storefront. The building footprint (generally understood to mean the horizon projected area of the built structure from the roof down to the ground level) is not changing. This is comparable
to many other restaurants in the CBD/downtown area with similar elevations and which design element is intended to provide a location for a desired covered outdoor dining area...Waivers
were not required in those instances for reasons the applicant is unaware.” The Central Business District requires all buildings to be placed in close proximity to rights of way, to
encourage pedestrian access and to foster a uniform streetscape along major thoroughfares. The code encourages a maximum setback of ten feet (10’). It is important for the applicant
to recognize the need to pull the building mass closer to the street and create an attractive pedestrian friendly area in the front. However, given the design of the floor plan layout,
which includes a covered outdoor bar and dining area, the entrance will continue to look inviting to passing pedestrians. The waiver to LDR Section 4.4.13(F)(4)(b)(1) does not affect
the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege.
Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5) in the reduction of the required setback along NE 2ndAvenue. REVIEW BY OTHERS The Site Plan Review
and Appearance Board reviewed the waiver request at their meeting of March 14, 2012 in conjunction with the Class III Site Plan modification approval. By a vote of 4-0, SPRAB recommended
approval to the requested waiver of LDR Section 4.4.13(F)(4)(c)(1), Minimum Ground Level Building Setback and Frontage. A detailed description and analysis of the development proposal
is contained within the attached Site Plan Review and Appearance Board staff report of March 14, 2012. RECOMMENDATION Approve the waiver request to LDR Section 4.4.13(F)(4)(c)(1), to
reduce the required ground floor setback and frontage from 70%-90% at a maximum of ten feet (10’) to 33% alongNE 2nd Avenue, by adopting the findings of fact and law contained in the
staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5).
1 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 REQUEST FOR 9 NE 2nd Avenue 1. This waiver
request came before the City Commission on April 17, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver
request for 9 NE 2nd Avenue. 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. Waiver to LDR Section 4.4.13(F)(4)(c)(1) Pursuant to LDR Section 4.4.13(F)(4)(c)(1), a minimum of 70%
and a maximum of 90% of the building frontage shall be set back to no greater than ten feet (10’) from the property line for buildings up to twenty-five feet (25’) in height. The applicant
is requesting a waiver to allow 33% of the building frontage at NE 2nd Avenue to be set back at a maximum of ten feet (10’). Under the proposed design, 67% of the frontage of the modified
structure will be set back more than 10 feet (10’) from the property line. Should the waiver be granted? Yes ______ No _______ 3. The City Commission has applied the Comprehensive Plan
and LDR requirements in existence at the time the original development application was
2 submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 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. 5. Based on the entire record before it, the City Commission approves __ denies ___ the waiver request. 6. Based on the entire record before it,
the City Commission hereby adopts this Order this 17th day of April, 2012, by a vote of ____ in favor and ____ opposed. ________________________________ ATTEST: Nelson S. McDuffie, Mayor
________________________________ Chevelle Nubin, City Clerk
MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: April 12, 2012 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION
MEETING OF APRIL 17, 2012 REMOVE A CONDITION OF APPROVAL TO THE CONDITIONAL USE REQUEST/MILAGRO CENTER ITEM BEFORE COMMISSION The action requested of the City Commission is removal of
a condition of approval which required a letter of acknowledgement from the Florida Housing Finance Corporation that they agree that amenities required for Villages of Delray multifamily
development could be utilized by the Milagro Child Care use. BACKGROUND The conditional use for the Milagro Child Care facility was approved by City Commission on July 5, 2011 and the
related Site Plan was approved on October 12, 2011 by SPRAB. Both of these approvals were granted subject to several conditions of approval, including the requirement that a letter from
the Florida Housing Financial Corporation be obtained acknowledging acceptance of the Milagros child care facility occupying amenities constructed for the residents of Villages of Delray.
The applicant has addressed all conditions of approval except this requirement and Milagro is now requesting it be removed citing, in part, timing concerns in obtaining such a letter.
The child care center will occupy residential amenities initially approved by SPRAB for the Village of Delray multifamily residential development including the clubhouse and surrounding
playground and tot lot areas. These same amenities are also identified as required amenities for these residents both in the Florida Housing Finance Corporation (FHFC) Land Use Restriction
Agreement (see attached) and the Credit Underwriting Report (see attached) for this development. Given these factors it is prudent to verify that the proposed arrangement is acceptable
with FHFC to avoid any potential future issues that could stem from this city commission approval action. Further, this confirmation appears to be required regardless of the City Commission
condition pursuant to Sections 4a and 4c (pages 16 and 17) of the attached Land Use Restriction Agreement. These sections require approval by the Florida Housing Finance Corporation
for the leasing of any part of the development buildings. While it is acknowledged that timing is now becoming an issue, this condition has been in place for 9 months (since July 5,
2011) and to our knowledge there has been no attempt to obtain the required confirmation. RECOMMENDATION Recommend denial of the request to remove the aforementioned condition of approval
associated with the Conditional Use for Milagro Child Care center.
1 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA REQUEST FOR AN AMENDMENT TO THE CONDITIONS OF APPROVAL FOR THE CONDITIONAL USE REQUEST TO ESTABLISH A PRIVATE CHILD
CARE FACILITY FOR THE MILAGRO CENTER AT 675 AUBURN AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This request for an amendment to the conditions of approval
as set forth in Exhibit “A” of the Final Order granting the conditional use request of the Milagro Center which was decided by the Commission July 5, 2011 and attached hereto as Exhibit
“1” has come before the City Commission on April 17, 2012. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining
to the request for amendment of the conditions of approval for the conditional use of the Milagro Center. All of the evidence is a part of the record in this case. Required findings
have previously been made in accordance with Sections I and II of the original Commission Order dated July 5, 2011. I. Condition requested to be removed: 6. That if any of the amenities
required by the Credit Underwriting Report or conditioned in the Land Use Restriction Agreement are included in this request then a letter acknowledging acceptance of this arrangement
will be required from the FHFC. Should the Amendment to the Conditions of Approval to remove item number 6. be granted? Yes ________ No_________ 3. The City Commission has applied the
Comprehensive Plan and LDR requirements in existence at the time the amendment request to the conditions of approval for the conditional use application 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 and testimony of witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ___ denies ___ the request
for amendment to the conditions of approval as set forth in Exhibit “A” of the Final Order granting the conditional use application and hereby adopts this Order this ___ day of April,
2012, by a vote of _____ in favor and ____ opposed. ________________________________ Nelson S. McDuffie, Mayor ATTEST: _______________________________ Chevelle Nubin City Clerk
MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 29, 2011 SUBJECT:
AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF JULY 5, 2011 CONDITIONAL USE REQUEST/MILAGRO CENTER ITEM BEFORE COMMISSION Consideration of a Conditional Use request to establish a private
child care facility known as the Milagro Center. The child care facility will operate within a portion of the existing 7,500 sq. ft. club house of the Village at Delray multiple family
residential development. BACKGROUND Pursuant to LDR Section 4.4.6(D)(1), within the RM (Multiple Family Residential) zoning district, child care facilities are allowed as a Conditional
Use. The subject property is located at 675 Auburn Avenue, which is on east side of Auburn Avenue. The Milagro Center intends to operate after school from 2:15 to 6:00 pm, Monday-Friday.
The Milagro Center also will serve children from 8:00 am to 6:00 pm on non-school days, including the summer months to keep the children off the streets. The Milagro Center staffs 5
full time employees and one part time employee for approximately 43 K-5th grade children. The child care center will occupy the residential amenities initially approved by SPRAB within
the clubhouse for Village at Delray multiple family residential development. These include the multiple purpose area and large kitchen and café area, outside play areas around the pool
and support pool facilities like restrooms. All of these enhanced recreational components were provided for the residents to justify the increase in density to 18 units per acre for
this development. While the applicant has attempted to mitigate the losses in internal recreational components it is at a much reduced level. [Clubhouse amenities originally approved
at 2,517 sq. ft. now reduced to 529 sq. ft. (79% reduction in size)]. In addition, the newly relocated diminished multipurpose area will operate in an area with difficult access as the
residents will have to go through the reception, vestibule, leasing conference room before they actually reach the new multiple purpose area. Further other LDR compliance issues are
raised in the staff report including an inadequate drop-off area. Coversheet Page 1 of 3 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4628&MeetingID=322 4/13/2012
As this proposal will negatively impact the clubhouse amenities and adjacent outside play areas approved as part of the recreational component of the residential development to justify
an increased in density, positive findings cannot be made with respect to Chapter 3 of the Land Development Regulations more particularly LDR Section 4.4.6(H)(3) Recreational Amenities.
At its meeting of June 20, 2011, the Planning and Zoning Board held a public hearing in conjunction with the conditional use request for the Milagro Center. Presentations were made by
staff and the applicant. While the Planning and Zoning Board was concerned over the utilization of community recreational amenities by a private entity the applicant’s attorney indicated
the facility would continue to be available for residents when the Milagro Center was not open. With that assurance and after a lengthy discussion, the Board moved a recommendation of
approval of the conditional use request for the Milagro Center on a vote of 4-2, by adopting the findings of fact and law contained in the staff report. A detailed description and analysis
of the proposal is contained within the attached Planning and Zoning Board staff reports of June 20, 2011. While the applicant's assurance of additional residential access to the facility
addressed part of staff concerns, these facilities will not be available for the residents they were intended for significant periods particularly during the high use months in the summer.
Further we are skeptical that the facilities once set up with office equipment, child care play areas, and other activity areas associated with the Milagro Center actually will be open
to the residential community given legitimate safety and security concerns. RECOMMENDATION Move a recommendation of denial to the Conditional Use request to locate and establish a child
care facility The Milagro Center within the Village at Delray Club House, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent
with the Comprehensive Plan and does not meet criteria set forth in Chapter 3.1.1, Compliance with the Land Development Regulations, LDR Section 4.4.6(H)(3) Recreational Amenities, and
LDR Section 4.3.3(E) (4) Loading and Drop-off Area. In the event that the City Commission approves the Conditional Use request for The Milagro Center, staff recommends that it should
be done subject to the following condition: 1. A letter from the Palm Beach County Traffic Division indicating that the project meets the traffic concurrency standards of Palm Beach
County is required; 2. That the maximum capacity of the child care facility be limited to a total of 43 students; 3. That the applicant obtains acknowledgement from the Health Department
that the facility can operate as a shared facility (as advanced by the applicant’s attorney), and that all recreational components both internal and external that are part of the conditional
use request remain available for utilization by the residential development's residents during times the Milagro Center is closed; 4. That the applicant provides a copy of the Credit
Underwriting Report issued and approved by the Florida Housing Finance Corporation (FHFC) listing those specific amenities within the clubhouse and/or the Village at Delray development
that were required to be for the RESIDENTS ONLY; 5. That the applicant provides a copy of the Land Use Restriction Agreement between the FHFC and Auburn Corporation which was recorded
as a deed restriction against the Village at Delray Development outlining what amenities are required for the use of RESIDENTS ONLY; and 6. That if any of the amenities required by the
Credit Underwriting Report or conditioned in the Land Use Restriction Agreement are included in this request then a letter acknowledging Coversheet Page 2 of 3 http://itwebapp/AgendaIntranet/Blueshee
t.aspx?ItemID=4628&MeetingID=322 4/13/2012
acceptance of this arrangement will be required from the FHFC. Coversheet Page 3 of 3 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4628&MeetingID=322 4/13/2012
MEMORANDUM TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City
Manager DATE: April 3, 2012 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF APRIL 17, 2012 CHANGE ORDER NO. 3/BRANG CONSTRUCTION, INC./ARRA BUS SHELTERS P/N 2009-055 ITEM BEFORE
COMMISSION This item is before the Commission to approve Change Order No. 3 in the amount of $14,594.54 to Brang Construction, Inc. for the purchase of sixteen (16) bus shelter benches,
and installation of fifteen benches; as requested by Palm Tran; plus a contract time extension of 130 days; for the ARRA Bus Shelters Project #2009-055. BACKGROUND On February 1, 2011,
the Commission awarded a Contract to Brang Construction, Inc. to install 23 bus shelters throughout the City. The project is funded through an ARRA grant received by Palm Tran. On July
5, 2011, the City Manager approved an amount of $11,166.70, to be paid out of the contract's Contingency Allowance, for the cost of additional work required to comply with ADA requirements
per Palm Tran. On September 20, 2011, Commission approved Change Order No. 1 (CO#1) to Brang Construction, Inc. for a contract time extension of fourteen (14) days. In addition, Commission
approved an additional amount of $1,548.30 to be paid out of the contract's Contingency Allowance for additional excavation and flatwork required at Bus Stop #8 (located on Old Germantown
Road, west of Homewood Boulevard), to meet ADA requirements. This amount was previously excluded in the total additional cost amount by Brang. On December 13, 2011, Commission approved
a Contract Addition (CO #2) for the purchase and installation of one (1) additional bus shelter at SW 10th Street; which was requested by Palm Tran; and a contract time extension of
208 days to accommodate manufacturing and delivery time. Change Order No. 3 in the amount of $14,594.54, is for the purchase of 16 bus shelter benches; and the installation of 15 of
the benches; one bench is to accompany a bus shelter that is currently on order, but not yet received. The benches will replace the bus shelter benches located in Palm Beach County DOT
rights-of-way; per Palm Tran's punch list on the ARRA Bus Shelters Project. CO #3 also includes a contract time extension of 130 days. Exhibit "A' to CO #3 is attached with additional
details. The City designed the project with benches similar to those previously installed in the City, and as illustrated in Palm Tran's documents. During final inspections, Palm Tran
rejected all (23) installed benches; as their standards had been updated. Through discussion between the City and Palm Tran, it was agreed that the benches in the City right-of-way could
remain as installed; but the 15 benches in the State and County right-of-way, as well as all future benches, must adhere to the new Palm Tran standard. FUNDING SOURCE Funding is available
from 101-3163-544-65.70 (ARRA Economic Stimulus Fund/Other Improvements/Transit Stop Bus Shelters). RECOMMENDATION Staff recommends approval of Change Order No. 3 in the amount of $14,594.54
to Brang Construction, Inc. for the purchase of sixteen (16) bus shelter benches, and installation of 15 benches; as requested by Palm Tran; plus a contract time extension of 130 days;
for the ARRA Bus Shelters Project.
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: April 9, 2012 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF APRIL 17, 2012 APPOINTMENT
TO THE PUBLIC ART ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Public Art Advisory Board. BACKGROUND Mr. Jonathan Jonas, regular
member on the Public Art Advisory Board, submitted his resignation effective immediately. An appointment is needed for one (1) regular member to serve an unexpired term ending July 31,
2013. On February 1, 2005, the Delray Beach City Commission adopted Ordinance No. 77-04 establishing the Public Art Advisory Board for the purpose of advising and making recommendations
to the City Commission with respect to public art policy and related issues including, but not limited to, the selection, construction and placement of public art in/on City right-of-way
and City owned property. The Public Art Advisory Board shall consist of seven (7) members. Three (3) seats on the Board must be filled with either an artist, architect, landscape architect
or engineer. Laypersons of knowledge, experience and judgment who have an interest in public art shall make up the balance of the Board. The following individuals have submitted applications
and would like to be considered for appointment: Alexia Rouquette Real Estate/Marketing/Public Relations Kera Trowbridge Interviewer-Panelist A check for code violations and/or municipal
liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner
Jacquet (Seat #2) for one (1) regular member to serve an unexpired term ending July 31, 2013. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Public Art
Advisory Board for an unexpired term ending July 31, 2013.
PUBLIC ART ADVISORY BOARD 03/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/13 Unexp Appt 03/20/12 Daniel Bellante Business Owner 07/31/12 Appt 07/15/08 Reappt 07/20/10 Dana Donaty,
Chair Artist 07/31/13 Unexp Appt Vacant 07/31/12 Appt 07/20/10 Sandi Franciosa Administrative Asst/Retired 07/31/12 Appt 07/15/08 Reappt 07/20/10 Michiko Kurisu Artist/Photographer 07/31/12
Appt 07/15/08 Reappt 07/20/10 Richard McGloin, Vice Chair Electrical Engineer 07/31/13 Appt 07/21/09 Reappt 07/05/11 Mary Minieka Administration Contact: Alberta Gaum X7136 S/City Clerk/Board
12/Public Art Advisory Board
MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: David T. Harden, City Manager DATE:
April 9, 2012 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF APRIL 17, 2012 ORDINANCE NO. 14-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading
and a quasi-judicial hearing for a privatelyinitiated small-scale Comprehensive Plan amendment and rezoning for the proposed 10th & 10th Center, located at the southeast corner of SW
10th Street and 10th Avenue. The small-scale Comprehensive Plan amendment consists of a Future Land Use Map change from CMR (Commerce) to TRN (Transitional) and an associated Text Amendment
modifying the description of the Transitional Land Use designation within the Future Land Use Element to restrict the use on the property to nonresidential development at a maximum FAR
of 0.25. The associated rezoning will change the property from LI (Light Industrial) to NC (Neighborhood Commercial). BACKGROUND The subject property is located at the southeast corner
of SW 10th Street and SW 10th Avenue, and is approximately 1.49 acres in size. This property and the surrounding area are located within the Wallace Drive Industrial Area, which is subject
to the “Wallace Drive Redevelopment Plan”, adopted by the City Commission on January 6, 2004. The Plan encourages the development of light industrial, limited commercial and office uses
in an urban setting. The Plan recommended a Future Land Use Map (FLUM) amendment and rezoning for the subject property from Redevelopment Area #2 (RDA-2) to Commerce (CMR) and from Single-Family
Residential (R-1-A) to Light Industrial (LI), respectively. The recommended FLUM amendment and rezoning were approved by the City Commission on January 6, 2004. The requested Future
Land Use Map amendment from CMR (Commerce) to TRN (Transitional) and rezoning from Light Industrial (LI) to Neighborhood Commercial (NC) is to allow development of a neighborhood commercial
center at this location. The applicant’s justification for these modifications is that there have been changes in industrial market conditions since adoption of the Wallace Drive Plan
in 2004 which make additional industrial development impractical; and that there has been an increase in residential development in the immediate area that has resulted in increased
demand for neighborhood retail and services uses.
Staff agrees that there have been changes in industrial market conditions since 2004 and that this is the result of the current economic downturn. Staff does not agree that the current
economic conditions represent a necessity to change long-range future land use provisions for the City. There was no timeline associated with the redevelopment effort given in the Redevelopment
Plan. Redevelopment will not occur until opportunities arise on individual properties and market conditions support those opportunities. The City only has 374 acres of land within the
Industrial Land Use categories of IND (Industrial) and CMR (Commerce). This represent only 3.7% of the City’s developable land area. The applicant’s justification statement included
data that the City of Boca Raton reduced its light industrial land use by 25% between 1989 and 2005. It is significant to note that Boca Raton’s 2005 figure of 6.45% is still 75% higher
than the City’s 3.7% figure. It is also important to note that the City reduced the amount of industrial land use in 2006 with creation of the MROC zoning district along the Congress
Avenue corridor. This new zoning district eliminated industrial zoning in favor of a mixed residential, office and commercial zoning to encourage mixed use development with commercial
or office on the ground floor and residential above utilizing new urbanism design elements. Staff’s position is supported by the Palm Beach County Light Industrial Land Use Study “Whitepaper”
and “Land Use Toolkit”, prepared by Swiger Consulting in December 2007, which recommends the retention of Industrial properties. Further reduction of the City’s industrial base is unwarranted
at this time and should be discouraged. The current Future Land Use Map designation of Commerce, along with the existing Light Industrial zoning is flexible enough to allow considerable
development opportunities for the subject property as the economy improves. The allowed principal uses include “research and development”; “Wholesaling, Storage and Distribution”; “Manufacturing
and Assembly”; “Office”; and “Repair”. It also allows limited retail for items processed on the premises. In terms of increased demand from the additional residential development in
the area, staff notes that while more than 445 additional residential multifamily units have been approved and some of the units built within the area north of SW 10th Street, this area
was zoned for multiple family development prior to adoption of the Wallace Drive Redevelopment Plan in 2004. In terms of long-range planning, the construction of these anticipated units
does not really represent a change in circumstances. The applicant’s property is located 0.45 miles from the Villages at Delray/Village Square developments. The convenience shopping
needs of these residents are currently being met by two convenience stores --the ABC Mini Mart, located at the southwest corner of SW 10th Street and SW 10th Avenue and the Valero gas
station/convenience store, located in the Sherwood Park Plaza at the southeast corner of SW 10th Street and Congress Avenue. Sherwood Park Plaza is the closest neighborhood service/retail
shopping center, and is the same distance away from the new residential units as the subject property. At one time, this center even had a Dollar General Store, but it has since been
closed. Over 7,000 square feet of space is currently vacant at this center. Major shopping/services are also available on Linton Boulevard at Linton Square Plaza, 0.9 miles away, Linton
Center, 1.2 miles away, and The Plaza at Delray, 1.8 miles away. Finally, downtown Delray Beach, with a wide range of specialty shops, is 1.7 miles away. For the reasons outlined above,
staff feels that the changed conditions are not sufficient to warrant approval of the proposed FLUM modification, which will reduce the amount of land in the Commerce FLUM designation.
This reduction is in direct conflict with Future Land Use Element Policy A-1.3, which says that such reductions should be discouraged. The applicant’s proposal also includes an associated
text amendment to the Future Land Use Element of the Comprehensive Plan modifying the description of the Transitional Future Land Use Map designation to limit development of the subject
property to nonresidential uses at a maximum FAR (Floor Area Ratio) of 0.25. This text amendment will reduce the maximum potential traffic impact of a 100% retail development to a level
less than or equal to that which could be realized by a mixed office/retail development under the existing Commerce FLUM designation at its maximum FAR of 0.60. A
maximum Floor Area Ratio of 1.0 is currently permitted for nonresidential uses in the Transitional designation. If the FLUM amendment and rezoning are supported by the City Commission,
then the text amendment should also be supported. Since the proposed FLUM amendment and rezoning are not consistent with recommendations in the adopted Wallace Drive Redevelopment Plan,
the applicant is seeking a concurrent amendment of the Redevelopment Plan to address the conflicts. This modification, which is being processed concurrently, is a sub-item to this agenda
item on the April 17, 2012 Regular Commission Meeting agenda. REVIEW BY OTHERS At its meeting of March 19, 2012, the Planning and Zoning Board held a public hearing associated with the
small-scale Comprehensive Plan Amendment, including a Future Land Use Map amendment from CMR (Commerce) to TRN (Transitional) and an associated text amendment; rezoning from LI (Light
Industrial) to NC (Neighborhood Commercial); and modification of the Wallace Drive Redevelopment Plan. Staff presented its analysis of the applicant’s justification for the proposed
changes and recommended denial based on a failure to make positive findings related to “Demonstration of Need” and consistency with the Goals, Objectives and Policies of the Comprehensive
Plan. Note: the complete analysis of applicant’s justification is included in the attached Planning and Zoning Board Staff Report. The applicant made a presentation in support of the
changes and stated that there is not a current market for light industrial development; that the future market for the light industrial development will be limited; and that this is
the “right place-right time” for a neighborhood commercial development at the proposed location. Several members of the public spoke on this agenda item—both in favor of and in opposition
to the proposed changes. After a discussion, the Board recommended approval of the proposal on a 7-0 vote. The City Commission passed Ordinance No. 14-12 on first reading at the April
3, 2012 Regular Meeting in order to move the item forward for seond reading and a public hearing. RECOMMENDATION Although the Planning and Zoning Board recommended approval, staff recommends
that the City Commission deny Ordinance No. 14-12 on second reading for a small-scale Comprehensive Plan amendment, including a Future Land Use Map amendment from CMR (Commerce) to TRN
(Transitional) and an associated text amendment, and rezoning from LI (Light Industrial) to NC (Neighborhood Commercial) for the subject property, by adopting the findings of fact and
law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections
2.4.5(D)(5) and 3.1.1 of the Land Development Regulations.
ORDINANCE NO. 14-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT, PURSUANT TO THE PROVISIONS OF THE “COMMUNITY
PLANNING ACT”, FLORIDA STATUTES SECTION 163.3187, INCLUDING A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM CMR (COMMERCE) TO TRN (TRANSITIONAL) FOR LAND LOCATED AT THE SOUTHEAST CORNER
OF SW 10TH STREET AND SW 10TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND AN ASSOCIATED TEXT AMENDMENT MODIFYING THE DESCRIPTION OF THE TRN (TRANSITIONAL) FUTURE LAND USE DESIGNATION
PERTAINING TO SAID LAND; AND REZONING AND PLACING SAID LAND PRESENTLY ZONED LI (LIGHT INDUSTRIAL) TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
JANUARY 2012"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions
of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document
entitled "Comprehensive Plan -Delray Beach, Florida"; and WHEREAS, West Corner Venture, LLC, is the fee simple owner of the property located at the southeast corner of SW 10th Street
and SW 10th Avenue; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of CMR (Commerce); and WHEREAS, the owner of the property
requested to change the Future Land Use Map designation from CMR (Commerce) to TRN (Transitional); and WHEREAS, West Corner Venture, LLC, has requested an amendment to the description
of the Transitional designation within the Future Land Use Element pertaining to said property located at the southeast corner of SW 10th Street and SW 10th Avenue; and WHEREAS, the
property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated January 2012, as being zoned LI (Light Industrial) District; and WHEREAS,
at its meeting of March 19, 2012, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0 to recommend
that the request be approved, based upon positive findings; and
2 ORD NO. 14-12 WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent
with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings of the Planning and Zoning Board;
and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map
of the City of Delray Beach, Florida be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,
AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially
affixed as TRN (Transitional). Section 3. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the
provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act." Section 4. That the Future Land Use Element of the Comprehensive
Plan, City of Delray Beach, Florida, be and the same is hereby amended, by amending the description of the Transitional Land Use designation to read as follows: TRANSITIONAL LAND USES:
This designation is applied to land which is developed, or is to be developed, for either residential or nonresidential uses, except when applied to property within the Wallace Drive
Overlay District, in which case this designation will be limited to only nonresidential uses. In some instances this designation provides for a transition between less intensive residential
use and commercial uses. In other instances, this designation allows the establishment of uses which are compatible with adjacent residential use. When Neighborhood Commercial Zoning
is placed within or adjacent to a residential area, such zoning shall be limited to two acres, or less, which is sufficient to accommodate the needs of an immediate residential neighborhood.
While in others, it provides for uses which are not as intensive as general commercial in areas where residential use is not desirable and/or appropriate.
3 ORD NO. 14-12 Residential development at a density between five and twelve units per acre, mobile home parks and apartment development in addition to condominiums, Continuing Care
Facilities, A.C.L.F., and various types of group homes are appropriate under this designation. Areas with this designation, located within a workforce housing overlay district, may exceed
12 units per acre up to a maximum of 24 units per acre within the Carver Estates Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density
bonuses through the provision of workforce housing units. Nonresidential development at an intensity equivalent to that associated with medium density residential land uses is also appropriate
at a maximum FAR of 1.0, except when applied to property within the Wallace Drive Overlay District, where it is limited to a maximum FAR of 0.25. Section 5. That the Zoning District
Map of the City of Delray Beach, Florida, be and the same is hereby amended to reflect a zoning classification of NC (Neighborhood Commercial) District for the following described property:
(Parcel 1) Lots 9, 10, 11 and 12, "ESQUIRE SUBDIVISION", according to the Plat thereof, as recorded in Plat Book 23, Page 43 of the Public Records of Palm Beach County, Florida, less
and not including those parcels deeded to the City of Delray Beach by Deed recorded in Official Record Book 8261, Page 159 and Official Record Book 8261, Page 162 of the Public Records
of Palm Beach County, Florida, and less the South 80.0 feet of the East 150.0 feet of Lot 12. Also described as: That portion of Lots 9, 10, 11 and 12, "ESQUIRE SUBDIVISION", according
to the Plat thereof, as recorded in Plat Book 23, Page 43, Public Records of Palm Beach County, Florida, described as follows: Beginning at the Northeast corner of said Lot 11; thence
S 00° 59' 01" W, along the East line of said Lot 11, a distance of 179.03 feet to a point on a line 80.0 feet North of and adjacent to the South line of said Lot 12; thence S 88° 43'
58" W, along said parallel line, a distance of 150.12 feet to a point on a line 150.0 feet West of and parallel to the East line of said Lot 12; thence S 00° 59' 01" W, along said parallel
line, a distance of 80.06 feet to a point on the South line of said Lot 12; thence S 88° 43' 58" W, along said South line, a distance of 119.63 feet to the East right-of-way line of
S.W. 10th Avenue as described in Official Record Book 8261, Pages 159 and 161, Public Records of Palm Beach County, Florida; thence N 03° 49' 13" E, along said East right-of-way line,
a distance of 21.98 feet, thence N 0° 23' 12" E, continuing along said right-of-way line, a distance of 200.00 feet to a point on a curve concave to the Southeast, having a central angle
of 61° 29' 39" and a radius of 35.00 feet; thence Northeast, along the arc of said curve whose chord bears N 31° 08' 01" E, a distance of 35.57 feet to a point on a curve concave to
the South, having a central angle of 27° 09' 58" and a radius of 74.72 feet; thence Easterly, along the arc of said curve whose chord bears N 75°
4 ORD NO. 14-12 27' 50" E, a distance of 35.43 feet to a point on the North line of said Lot 9; thence N 89° 02' 49" E, along the North line of said Lots 9, 10 and 11, a distance of
218.71 feet to the Point of Beginning. TOGETHER WITH: (Parcel 2) Lot 13, less and except the East 215 feet thereof and less and except that portion thereof conveyed by instrument recorded
in Official Records Book 16259, Page 854 and less and except that portion thereof utilized for right-of-way purposes for S.W. 10th Avenue and Wallace Drive, of ESQUIRE SUBDIVISION, according
to the Plat thereof recorded in Plat Book 23, Page 43 of the Public Records of Palm Beach County, Florida and being more particularly described as follows: Beginning at the Southeast
corner of said Lot 13, less the East 215 feet and the North 10 feet; thence South 88° 46' 49" West, a distance of 64.22 feet along the South line of said Lot 13 to a point on the East
right-of-way line of Southwest 10th Avenue; thence North 00° 22' 28" East, a distance of 91.07 feet along said East right-of-way line to a point on the North line of said Lot 13; thence
North 88° 43' 58" East, a distance of 65.16 feet along said North line to the Northeast corner of said Lot 13, less the East 215 feet; thence South 00° 57' 49" West, a distance of 91.16
feet along said East line to the Point of Beginning. TOGETHER WITH: (Parcel 3) The West 15 feet of the East 215 feet of Lot 13, ESQUIRE SUBDIVISION, according to the Plat thereof, as
recorded in Plat Book 23, Page 43 of the Public Records of Palm Beach County, Florida. Said lands situate in Palm Beach County, Florida. Section 6. That the Planning and Zoning Director
of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 5 hereof. Section
7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole
or part thereof other than the part declared to be invalid. Section 9. That this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the Comprehensive
Plan amendment is timely challenged. If timely challenged, the effective date of this Ordinance shall be the date a final order is issued by the State Land Planning or the Administration
Commission, finding the adopted amendment to be in compliance. No
5 ORD NO. 14-12 development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance
is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall
be sent to the state land planning agency. PASSED AND ADOPTED in regular session on second and final reading on this the 17th day of April, 2012. _______________________________ ATTEST
M A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________
IV. C. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT---MEETING DATE: March 19, 2012 AGENDA ITEM: IV. C. ITEM: 10th & 10th Center – Small Scale Future Land Use Map Amendment
and Rezoning. GENERAL DATA: Agent…………...……………... Bonnie Miskel Applicant………………………. West Corner Venture, LLC Owner…………………………. West Corner Venture, LLC Location..................................
South Side of SW 10th Street, Between SW 9th Avenue and SW 10th Avenue Property Size.......................... 1.5 Acres Existing Future Land Use Map designation……………………. Commerce (CMR)
Proposed Future Land Use Map designation……………… Transitional (TRN) Current Zoning……………….. Light Industrial (LI) Proposed Zoning……............. Neighborhood Commercial (NC) Adjacent Zoning…......
North: Open Space and Recreation (OSR) South: Light Industrial (LI) East: Community Facilities (CF) West: Mixed Industrial and Commercial (MIC) Existing Land Use................... Vacant
Proposed Land Use…............ Neighborhood Commercial Center Water Service......................... Connection Available Via Extension of 10” Water Main Within the SW 9th Avenue Rightof-Way
Sewer Service........................ Connection Available Via a 16” Sanitary Sewer Main Within the SW 10th Street Right-of-Way
MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: March 26, 2012
SUBJECT: AGENDA ITEM 10.A1 -REGULAR COMMISSION MEETING OF APRIL 17, 2012 AMENDMENT TO THE WALLACE DRIVE REDEVELOPMENT PLAN ITEM BEFORE COMMISSION Consideration of a privately-initiated
amendment to the “Wallace Drive Redevelopment Plan” to allow neighborhood commercial retail and service uses as a principal use at 10th and 10th Center (southeast corner of SW 10th Street
and SW 10th Avenue). BACKGROUND The Wallace Drive Redevelopment Plan creates the framework for the future redevelopment of an area which was originally identified as Redevelopment Area
#2 in the City’s 1989 Comprehensive Plan. The Redevelopment Area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace
on the west. Two-thirds of the area is located west of Wallace Drive, which bisects the area, running diagonally from northeast to southwest. The area was annexed into the City via the
Enclave Act (Enclave #31A), on June 28, 1988. By this time, under County jurisdiction, the area had evolved into a mix of incompatible land uses with limited public infrastructure and
little or no code enforcement. As a result, most of the area had deteriorated to a point where private investment had virtually stopped. The Redevelopment Plan was adopted by the City
Commission on January 6, 2004. Recommendations in the Plan on Future Land Use Map designations and zoning for the area were initiated and adopted the same day. The Future Land Use Map
designation for the area east of Wallace Drive/SW 10th Avenue, which includes the applicant’s property, was changed to CMR (Commerce) and the area was rezoned to LI (Light Industrial).
It was the intent of the Plan to make the Wallace Drive Redevelopment Area a unique place that would encourage the development of light industrial, limited commercial and office uses
in an urban setting. This would, in turn, serve as a catalyst to increase property values and increase the City’s employment base in the industrial, manufacturing and trade sectors.
The applicant wishes to develop a neighborhood commercial center, including a Dollar type store at the southeast corner of SW 10th Street and SW 10th Avenue. To support the proposed
use, the applicant is seeking a Future Land Use Map amendment from CMR (Commerce) to TRN (Transitional) and an associated rezoning from LI (Light Industrial) to NC (Neighborhood Commercial).
These changes are
not consistent with recommendations in the adopted Wallace Drive Redevelopment Plan. Since the Comprehensive Plan mandates that all Future development must be in accordance with the
provisions of this Plan, the applicant is seeking a concurrent amendment to the Redevelopment Plan to address the conflicts. A copy of the proposed Plan amendment is attached. The intent
is not to incorporate the modifications directly into the existing sections of the Plan, since this would give the impression that the changes were always a part of the original Plan
and would result in a loss of historic perspective. Instead, the proposal is to add a new “2012 Modifications” section to the Plan that will include updated recommendations for amendments
to the Future Land Use Map, Zoning Map and Land Development Regulations, as well as a description of changes in conditions since 2004 that the applicant percieves as making these modifications
necessary. To maintain continuity, it will also be necessary to reference this new Section in the existing “Executive Summary” and “Implementation” Sections of the Plan. REVIEW BY OTHERS
At its meeting of March 19, 2012, the Planning and Zoning Board held a public hearing on the proposed amendment of the Redevelopment Plan. In its presentation of the concurrent small-scale
Comprehensive Plan Amendment and Rezoning, staff presented an analysis of the applicant’s justification for the proposed changes and recommended that the Board move a recommendation
of denial based on a failure to make positive findings related to “Demonstration of Need” and consistency with the Goals, Objectives and Policies of the Comprehensive Plan. Based on
this analysis, staff feels that the changed conditions are not sufficient to warrant approval of the proposed FLUM modification, which will reduce the amount of land in the Commerce
FLUM designation. This reduction is in direct conflict with Future Land Use Element Policy A-1.3, which states that such reductions should be discouraged. The amendment of the Wallace
Drive Redevelopment Plan is necessary to support the concurrent smallscale Comprehensive Plan Amendment and Rezoning if they are to be adopted. Since the Planning and Zoning Board recommended
approval those actions, it also recommended approval of the amendment of the Wallace Drive Redevelopment Plan on a 7-0 vote. RECOMMENDATION Although the Planning and Zoning Board recommended
approval, staff recommends that the City Commission deny the proposed amendment to the Wallace Drive Redevelopment Plan, by adopting the findings of fact and law contained in the staff
report, and finding that the amendment and approval thereof is not consistent with the Comprehensive Plan. (motion to be stated in the affirmative).
2
March 15, 2012
Should the above-described Charter Amendment be adopted?
“For Approval” 1,236
“Against Approval” 2,080
Approve the total votes for Ballot Question No. 1, and that it is hereby declared, based upon
the above and foregoing results that Ballot Question One was not approved .
Adopt Resolution No. 17-12 including Exhibit “A” as presented.
Dr. Alperin moved to approve the unofficial cumu lative totals for each candidate for Commission
Member/Seat #2 and Commission Member/Seat #4, including all of the regular, absentee, and
provisional votes as presented and adopt Resoluti on No. 17-12 including Exhibit “A” as attached,
seconded by Mr. Frankel. Upon roll call, the Co mmission 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.
2. RESOLUTION NO. 15-12/JOINT PARTICIPATION AGREEMENT
(JPA)/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Adopt
Resolution No. 15-12 approving a Joint Partic ipation Agreement (JPA) with the Florida
Department of Transportation (FDOT) for 50% reimbursement of operational and capital costs
associated with the Downtown Roundabout Shuttle System.
Mr. Richard Hasko, Director of Environmental Serv ices, presented this item. He stated at the
January 17, 2012 Regular Meeting, Commission approv ed the JPA and that the resolution is also
a requirement of DOT for this application and sta ff needs to get it approved to proceed with the
agreement.
Mr. Carney moved to approve Resolution No. 15-12, seconded by Mrs. Gray. Upon roll call,
the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes;
Mr. Carney – Yes; Dr. Alperin – Yes. Said motion passed with a 5 to 0 vote.
3. SETTLEMENT CONTRIBUTION/PALM BEACH COUNTY/INSPECTOR
GENERAL: Approve a settlement contribution regarding the lawsuit filed by fifteen
municipalities, including the City, against Palm Beach County related to the funding for the
Inspector General.
Mr. Brian Shutt, City Attorney, stated this item is regarding the lawsuit with Palm Beach County
for the funding of the Inspector General and the county will have a possible ordinance going
before the Palm Beach County Commission on March 20, 2012 that would make changes to the
current ordinance. He asked if the City Commissi on wanted to contribute to fund the Inspector
General for the year and a half that the Inspector General has been operating and has not
received funds from the municipalit ies because of the lawsuit. He referenced the invoice in the
agenda backup. He stated some municipalities have considered a third of the cost and some a
quarter of the cots.
Mrs. Gray asked what impact we will have if we wait and not contribute to fund the Inspector
General.
3
March 15, 2012
Mr. Shutt discussed the settlement further.
Mr. Frankel stated if everyone is paying he does not have a problem with it. He asked if we are
in the middle of litigation and why would we send a check for over $30,000. He asked if the
City Attorney had an idea of what other municipalities are going to do.
Mr. Carney asked what happens if we do not agree to pay anything.
Dr. Alperin reiterated that this is an offer of s ettlement and if the municipalities agree to it then,
the lawsuit is over.
Mr. Shutt stated the county may change their ordinance.
Mayor McDuffie stated this is really not an offer of settlement; it is a good faith effort on behalf
of the municipalities without a written offer of settlement.
Dr. Alperin asked under what grounds they would ha ve the right to charge us for the service. He
asked what the county’s response was.
Discussion between Commission and staff continued. It was the consensus of the Commission
to not pay.
Mayor McDuffie adjourned the Special Meeting at 4:14 p.m.
WORKSHOP MEETING AGENDA
1. Congress Avenue Corridor Strategic Ma rketing Plan and Citywide Economic
Development Incentives
Mr. Vin Nolan, Economic Development Director an d Mr. Richard Reade, Sustainability/Public
Information Officer, introduced this item stating it is a two phased presentation. Mr. David
Wilke, Consultant/Director of Corporate Real Es tate and Advisory Services, Sperry Van Ness,
conducted a presentation for a broadly based strategic marketing plan. He introduced Lisa
Tropepe, Vice-Mayor of Palm Beach Shores and Pr esident of the Palm Beach County League of
Cities. Mr. Nolan summarized the item and stated the city has to have its own internal plan; and
he and Mr. Reade are working on the plan. Mr. Nolan gave an overview of existing economic
conditions (Congress Avenue Corridor statisti cs) and the Community Redevelopment Agency
(CRA) Economic Development Incentives. Mr. Reade discussed what other communities are
doing regarding their various ec onomic development programs. Mr. Nolan highlighted citywide
economic development goals and strategie s including non-fiscal strategies and
recommendations.
Dr. Alperin stated all of the changes would be easy to accomplish if it were designated a CRA
district. He stated we do not need to reinvent the wheel again.
Mr. Carney stated he spoke with Mr. Nolan severa l times and supports any initiative that will
develop this corridor. He comment ed that this is a great effort.
4
March 15, 2012
Mrs. Gray stated she is excited about the whole program and is in suppor t of creating a whole
new CRA with a sunset date. She stated we need to look into Commission serving as a CRA like
in other cities. She asked about universities and hospitals as partners in this initiative.
Mr. Frankel asked Mr. Nolan if he considers pa rking meters an economic development incentive
and Mr. Nolan replied that each city has its issues with parking.
Mayor McDuffie stated we cannot afford not to do this.
Mr. Nolan stated he and Mr. Reade will be back before Commission with concrete plans.
2. Discussion of Possible Charter Review Committee
Dr. Alperin opened this item and stated Commission has heard the discussion a few times and it
has been over ten (10) years and he thinks a review should be done. He stated the committee
should consist of 8-10 people with a chair and with a completion date. It should also have one
(1) or two (2) public hearings.
Mr. Frankel stated the committee should be an odd number with each commissioner appointing
two each. He stated five each is too much.
Mr. Harden explained how the committee was appointed in the past.
Mr. Carney stated there should be diversity of thought and stated Commission should nominate
and appoint a chair.
Mrs. Gray asked what is being reviewed regarding the Charter: the whole thing or was there a
specific issue.
Dr. Alperin stated the whole Charter should be reviewed.
Mr. Carney mentioned the roundtable and feels we should do a “Visions 20/20” to get a larger
group involved. This is a great time to get some engagement.
The City Manager mentioned the American Assembly process. He stated we will be approaching
the Goal Setting process soon and suggested a citi zen summit be held since it has not been done
in two years. It was the consensus of th e Commission to have a citizen summit.
Discussion continued between staff and Commission.
It was the consensus of the Commission to place the Charter Review Committee appointment
on the March 20, 2012 agenda.
3. Discuss Changes to Special Eve nt Policies and Procedures
Mr. Robert Barcinski, Assistant City Manager, stated he is present to discuss changes to the
policy and obtain direction. He discussed five recommendations regarding the Special Event
Policies and Procedures.
Dr. Alperin stated Commission should go item by item to discuss preferences.
Mr. Carney asked why certain organizations were grandfathered in; and asked about the time
length.
Mr. Frankel asked why the city is absorbing any costs.
5
March 15, 2012
Dr. Alperin stated start with 5% per year for th ree years so that persons can get used to this.
Mrs. Gray asked if we need an event planner. Mr. Barcinski stated he and his executive assistant
spend about half of their time on events.
Ms. Martin questioned the administrative fee. Mr. Barcinski stated we would charge an
administrative fee for the overtime.
Mr. Frankel stated he is fine with the proposal re garding deposits. He asked why the city is not
paid before an event.
Nancy Stewart stated paying up front would put them out of business.
Mr. Mike Malone, Chamber of Commerce Execut ive Director, stated most businesses/event
producers do not have the liquidity to pay up front.
Mrs. Gray stated she does not feel we should eliminate co-sponsorships.
Mayor McDuffie asked about the Chris Evert and Junior Tennis Tournament Sponsorships.
Mr. Barcinski discussed contracts.
Mayor McDuffie stated the two golf courses make a profit and our tennis stadium is shaky. He
mentioned bidding for the Davis Cup, etc.
Mr. Frankel mentioned the Tourist Development Council and grants.
It was the consensus of the Commission to implem ent the changes to the Special Event Policies
and Procedure as recommended by staff, and make the changes consistent with the budget year.
4. Provide Direction on Vale t Parking Program Options
Mr. Scott Aronson, Parking Management Specialis t presented a PowerPoint presentation to the
Commission. Mr. Aronson stated th at the objective was to evaluate the current valet parking
program, get some of the parking study recomm endations equitable to the City, and provide
options. He stated that the Parking Study sugge sted that the location of the valet queues, the
creation of uniformity among the queues, public access awareness, and having signage on the
queues that represented the sponsors/restaurants be re-evaluated. He suggested looking at other
program options. He discussed several options like a fee based program throughout downtown,
which could create financial value per parking sp ace; possibly an in-house operation to control
the aspects of service; flat f ee management which would be co llected periodically or have a
Request for Qualifications (RFQ) provided to lic ense each queue separately and then negotiate
the fees with the qualified vendor. Mr. Aronson st ated that the current revenue from the valet
queues is $63,000.00 a year, which included 40 sp aces west of the Intracoastal at $100.00 per
space and two (2) valet queues east of the Intr acoastal at $125.00 per space. In addition,
$19,200.00 per year is generated from 40 spaces leased in the Federspiel Garage at $40.00 per
space/per month to Prime Steakhouse on S.E. 2 nd Avenue. There are part-time spaces from the
110 East Atlantic Building in the Federspiel Ga rage used in the evenings. With the current
system, the City would receive $82,200.00 per year with some efforts.
Mr. Frankel stated that he attended the Down town Development Authority (DDA) meeting and
business owners discussed valet costs in the ot her municipalities. There should be a minimal
increase in fees and valet queues should not be transferrable, queues should come back to the
City, he does not want the consumer to suffer.
6
March 15, 2012
Mr. Harden advised that the language could be included in the agreement.
Mrs. Gray stated that if there was a fee increase , it should be consistent from A1A to Atlantic
Avenue. She is also in favor of three (3) year agreements.
Mr. Carney stated the City should not run valet queues; our cost compared to other
municipalities is very cheap.
Dr. Alperin discussed the value of valet services to the City. He is interested in standardization
so that everyone knows how many spaces they should have. Dr. Alperin asked if we have
uniform requirements for the valet staff. He liked the idea of longer contracts, but there should
be room for increases and other modifications.
Mr. Aronson suggested a shirt with “Valet” on the back.
Mrs. Gray discussed the congested traffic on S.E. 2 nd Avenue.
Mayor McDuffie said he appreciated everything th at had been done. Stakeholders downtown are
fine with the way the system works.
Dr. Alperin asked if all contracts would expire this month.
Brian Shutt, City Attorney, suggested that the termination clause in the contracts kept.
5. Discussion of On Stre et Parking Regulations
Mr. Carney opened this item for discussion. He discussed the parking enforcement hours on
East Atlantic Avenue (along Atlantic Avenue an d SR A1A). He stated he wanted to encourage
not discourage people to go to the beach and the restaurants downtown.
Mr. Harden stated this may be an ordinance change.
It was the consensus of the Commission to enfor ce meters beginning at 9:30 a.m. to maintain
two (2) hours limit and no enforcement before 9:30 a.m. all beach parking and Atlantic Avenue
Monday through Thursday only.
6. Draft Proposals for Drainage Design Requirements
Mr. Richard Hasko, Director of Environmental Services presented this item. He discussed
proposed revisions to Land Development Re gulations (LDR) Section 2.4.3, “Submission
Requirements” and Section 6.1.9, “D rainage Systems”, beforehand.
Mayor McDuffie adjourned the Workshop Meeting at 6:39 p.m.
________________________________
City Clerk
ATTEST:
MAYOR
7
March 15, 2012
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Workshop Meeting of the City Commission held on Thursday,
March 15, 2012, which Minutes were formally a pproved and adopted by the City Commission on
April 17, 2012.
________________________________
City Clerk
NOTE TO READER: If the Minutes you have received are no t completed as indicated above, this
means they are not the official Minutes of the City Co mmission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
MARCH 29, 2012
DELRAY BEACH CITY COMMISSION
ANNUAL ORGANIZATIONAL MEETING
(1) Call to Order/Roll Call.
The annual Organizational Meeting of the City Commi ssion of the City of Delray Beach,
Florida was called to order by Mayor Nelson S. McDuffi e in the Commission Chambers at
City Hall at 6:00 p.m. on Thursday, March 29, 2012.
Roll call showed:
Commissioner Thomas F. Carney, Jr.
Commissioner Jay Alperin
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. “Woodie” McDuffie
Absent: None
Also present were:
David T. Harden, City Manager
Brian Shutt, City Attorney
Lanelda D. Gaskins, Deputy City Clerk
(2) The Pledge of Allegiance to the Flag was given.
Commissioner Alperin encouraged the Commission to do their job, read the agenda backup
and vote what they know is best for the city-what is right for the community. He thanked
the Commission members individually for the way they served the city and thanked Mr.
Harden stating it was a pleasure to serve with him a gain. He spoke to the members of the
public and stated the Commission’s votes really affect them. Commissioner Alperin stated he
is proud to be a part of Delray Beach and that he served on the Comm ission.
(3) Oath of Office administered to Newly-Elected City Commiss ion Members.
The Deputy City Clerk administered the Oath of Office to Commissioner Alson Jacquet
(Seat #2) and Commissioner Angeleta E. Gray (Seat #4).
(4) Roll Call Newly Sworn-In Commission.
The Deputy City Clerk called the roll of the Commis sion after newly-elected City
Commission Members were sworn in.
Annual Organizational Meeting
March 29, 2012
2
Roll call showed:
Commissioner Thomas F. Carney, Jr.
Commissioner Alson Jacquet
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. “Woodie” McDuffie
Absent: None
(5) Selection of Vice-Mayor (for the term March 30, 2012 throug h March 28, 2013).
Commissioner Gray moved to appoint Commissioner Carn ey as Vice-Mayor of the City of
Delray Beach for the term March 30, 2012 through Ma rch 28, 2013, seconded by
Commissioner Jacquet. Upon roll call the Commissio n voted as follows: Commissioner
Jacquet – Yes; Commissioner Frankel – Yes; Commission er Gray– Yes; Mayor McDuffie –
Yes; Commissioner Carney – Yes. Said motion passed with a 5 to 0 vote.
(6) Selection of Deputy Vice-Mayor (for the term March 30, 2012 through March 28,
2013).
Commissioner Gray moved to appoint Commissioner Fran kel as Deputy Vice-Mayor of the
City of Delray Beach for the term March 30, 2012 th rough March 28, 2013, seconded by
Commissioner Carney. Upon roll call, the Commissio n voted as follows: Commissioner
Frankel – Yes; Commissioner Gray – Yes; Mayor McDuffi e – Yes; Commissioner Carney –
Yes; Commissioner Jacquet – Yes. Said motion passed with a 5 t o 0 vote.
(7) Review and Acceptance of regularly scheduled City C ommission Meeting dates for
the period April 2012 through March 2013.
Commissioner Frankel mentioned that one of the budget meetings was scheduled for the
second night of Rosh Hashanah and he feels it would b e appropriate to move the meeting to
another day. Commissioner Gray asked that due to the h oliday the July 3, 2012 meeting be
moved to July 5, 2012. It was the consensus of the C ommission to change the date to
Thursday, July 5, 2012 for the first regular meeting in July and to change the date to
Thursday, September 20, 2012 for the second regular m eeting in September. Commissioner
Frankel moved to approve the Commission Meeting dates as amended, seconded by
Commissioner Gray. Upon roll call, the Commission voted as follows: Commissioner Gray
– Yes; Mayor McDuffie – Yes; Commissioner Carney – Yes ; Commissioner Jacquet – Yes;
Commissioner Frankel – Yes. Said motion passed with a 5 to 0 vo te.
Annual Organizational Meeting
March 29, 2012
3
(8) Establish a date for the 2013 Goal Setting Session.
Commission discussed the scheduling of the 2013 Goal Setting S ession with Lyle Sumek.
Commissioner Frankel moved to set the 2013 Goal Sett ing Session for the first or second
week of April 2013, seconded by Commissioner Gray. U pon roll call, the Commission
voted as follows: Mayor McDuffie – Yes; Commissioner Carney – Yes; Commissioner
Jacquet – Yes; Commissioner Frankel – Yes; Commission er Gray – Yes. Said motion passed
with a 5 to 0 vote.
(9) Review and Adoption of Rules of Procedure - Delray Beach City Commission (Local
Rules).
Commissioner Carney moved to adopt the Rules of Proce dure as presented, seconded by
Commissioner Gray. Upon roll call the Commission v oted as follows: Commissioner
Carney – Yes; Commissioner Jacquet – Yes; Commissione r Frankel – Yes; Commissioner
Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote.
(10) Review and Adoption of Procedures for Quasi-Judicial Hear ings.
Commissioner Gray moved to adopt the procedures for Qu asi-Judicial Hearings, seconded
by Commissioner Frankel. Upon roll call the Commis sion voted as follows: Commissioner
Jacquet – Yes; Commissioner Frankel – Yes; Commission er Gray– Yes; Mayor McDuffie –
Yes; Commissioner Carney – Yes. Said motion passed with a 5 to 0 vote.
(11) Review of City Commission Liaison Appointments to v arious Advisory Boards and
outside agencies.
Commission reviewed the assigned liaisons from Boards and Out side Agencies and amended
the liaison appointments. A copy of the amended ass ignments/appointments is attached as
part of the minutes.
Commissioner Frankel moved to accept the Liaison Appointme nts as amended, seconded by
Commissioner Jacquet. Upon roll call, the Commissio n voted as follows: Mayor McDuffie –
Yes; Commissioner Carney – Yes; Commissioner Jacquet – Yes; Commissioner Frankel –
Yes; Commissioner Gray – Yes. Said motion passed with a 5 to 0 v ote.
(12) Commission Comments.
Commissioner Jacquet stated this is a great day for t he City of Delray Beach and it is an
honor for him to serve his city. He thanked his par ents who were in attendance and his
supporters as well. He stated he is always open and willing to work for the betterment for
everyone and thanked the troops who put their lives on the line to protect the great
freedoms we have in this country.
Annual Organizational Meeting
March 29, 2012
4
He told Mayor McDuffie that it is an honor to serve with him and the Commission and
stated he looks forward to doing some great work for the city. Commissioner Jacquet stated
they will not agree all of the time but asked that t hey keep the spirit of “doing good” for the
city in mind. He stated he plans to be very fair, ob jective and to listen to all sides of every
issue and to do the best he can for Delray Beach.
Commissioner Gray thanked everyone who supported and c ontributed to her campaign and
thanked her mentors. She welcomed Commissioner Jacqu et and stated she looks forward to
working with him and stated this is a good Commission and they will continue to work to
build together and she looks forward to continuing to serve Delr ay Beach.
Commissioner Carney welcomed Commissioner Jacquet an d Commissioner Gray and stated
that Commissioner Jacquet’s comments were correct i n that sometimes the Commission
does not agree but they have a collegiality and try t o serve all the citizenry of Delray Beach.
He stated he is excited about the agendas they will se e this year, wishes the city all the best
and is looking forward to a wonderful year.
Commissioner Frankel stated it is nice to see everyo ne and to have standing room only with
both old and new faces. He stated it is always a ple asure working with Commissioner Gray
and welcomed Commissioner Jacquet. He stated Commissione r Jacquet really impressed him
with the work he did on his campaign and is happy for h im to join the family. Commissioner
Frankel congratulated him and stated he looks forward to the next year.
Mayor McDuffie stated the Commission is a family. H e welcomed Commissioner Jacquet
and stated he looks forward to working with him. He co ngratulated him for running a fine
race and stated he will get an experience that many p eople will not have the opportunity to
have and that is the honor to serve the citizens. Ma yor McDuffie stated Commissioner Gray
has served the city well and he is very proud that she was elected to serve again. He stated
she has been an advocate, a confidant and thanked her for her dedication to the city, the
constituents and the residents. He stated he is looki ng forward to another year. He stated
this begins the last year of his service to the city of Delray Beach. Mayor McDuffie stated he
was at meeting this morning for Senator Phil Lewis who served for a great deal of time in
the state senate. Senator Lewis is someone people go by to see if they plan to run for office
because he has been a statesman and is something he aspires to. He stated everyone should
be here to serve. He stated the Commission has been the most col legial group he has had the
pleasure of working with. He is pleased to have ser ved for 5 years and pleased to be
entering his sixth year and his heart will be and is to serve De lray Beach.
There being no further business, the meeting was adjourne d at 6:40 p.m.
_________________________________
City Clerk
Annual Organizational Meeting
March 29, 2012
5
ATTEST:
_______________________________
M A Y O R
The undersigned is the City Clerk of the City of Delr ay Beach, Florida, and the information
provided herein is the minutes of the Annual Organiza tional Meeting of the City Commission held
on March 29, 2012, which minutes were formally appr oved and adopted by the City Commission on
April 17, 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 official only
after review and approval by the City Commission whi ch may involve amendments, additions or
deletions to the minutes as set forth above.
M E M O R A N D U M
TO: Mayor and City Commissioners
THRU: David T. Harden, City Manager
FROM: Chevelle D. Nubin, MMC, City Clerk
SUBJECT: CITY COMMISSION LIAISON ASSIGNMENTS
DATE: April 3, 2012
Below is the list of City Commission Liaison assign ments as approved at the March 29, 2012 Annual
Organizational Meeting.
BOARD LIAISON
Community Redevelopment Agency Commissioner Carney
2 nd & 4 th Thursdays at 5:30 p.m. Primary Member
Commission Chambers Commissioner Jacquet
Alternate Member
Community Land Trust Mayor McDuffie
3 rd Thursday at 6:00 p.m.
Old School Square Library
Delray Beach Public Library Commissioner Jacquet
3 rd Wednesday at 5:30 p.m.
2 nd Floor Conference Room, Library
Delray Beach Public Schools
City Commissioners adopt a Delray Beach Public School and serve as a liaison to that School’s
Advisory Committee. The Schools are:
Banyan Creek Elementary School Commissioner Frankel
Second Wednesday of every month @ 6:30 p.m. in Media Center
Spady Elementary School Mayor McDuffie
April 30, 2012 @ 4:30 p.m. in Media Center
Plumosa Elementary School Commissioner Jacquet
1 st Wednesday of the month @ 6:15 p.m. in the Media Center
Pine Grove Elementary School Commissioner Gray
May 17, 2012 @ 6:00 p.m. in Media Center
Orchard View Elementary School Commissioner Carney
1 st Wednesday of every month @ 5:00 p.m. in Media Center
Page 2
Village Academy Mayor McDuffie
1 st Tuesday of the month @ 6:00 p.m. in Media Center
Carver Middle School Commissioner Jacquet
2 nd Thursday of the month @ 6:00 p.m. in Media Center
Atlantic High School Commissioner Gray
April 24, 2012 and May 22, 2012 @ 6:00 p.m. in Media Center
Downtown Development Authority Commissioner Frankel
2 nd Monday at 12:00 Noon Primary Member
First Floor Conference Room, City Hall Mayor McDuffie
Alternate
Delray Beach Marketing Coop erative Board of Directors
Mayor McDuffie
4 th Thursday at 8:30 a.m. Primary Member
Chamber of Commerce Commissioner Frankel
Alternate Member
Drug Task Force Mayor McDuffie
3 rd Friday at 8:30 a.m. Primary Member
Chief’s Conference Room, Police Department Commissioner Jacquet
Alternate
Education Board Commissioner Jacquet
1 st Monday at 5:30 p.m. Primary Member
First Floor Conference Room, City Hall Mayor McDuffie
Alternate Member
General Employees Retirement
Committee
Meets once every quarter
Historic Preservation Board Commissioner Frankel
1 st and 3 rd Wednesdays at 6:00 p.m.
Commission Chambers
Parking Management Advisory Board Commissioner Carney
4 th Tuesday at 5:30 p.m.
First Floor Conference Room, City Hall
Police & Fire Board of Trustees Commissioner Frankel
3 rd Wednesday at 1:00 p.m. in Douglas Smith
Training Room at Fire HQ or Assistant City Manager
Police Chief’s Conference Room
Public Art Advisory Board Commissioner Frankel
4 th Monday at 6:00 p.m.
Environmental Services Department, Administration Building
434 South Swinton Avenue
Page 3
Sister Cities Committee Mayor McDuffie
1 st Thursday at 4:30 p.m.
First Floor Conference Room, City Hall
OTHER CITY ADVISORY BOARDS:
Board of Adjustment
1st and 3 rd Thursday at 5:30 p.m.
City Commission Chambers, City Hall
Civil Service Board
Meets as needed
City Commission Chambers, City Hall
Code Enforcement Board
2 nd Tuesday at 1:30 p.m.
City Commission Chambers, City Hall
Delray Beach Housing Authority
3 rd Thursday at 8:45 a.m.
Lake Ida Plaza, Suite 310B
600 North Congress Avenue
Financial Review Board
2 nd and 4 th Tuesday at 8:15 a.m.
First Floor Conference Room, City Hall
Green Implementation Advancement Board
4 th Thursday of each month at 1:30 p.m.
Environmental Services Department
434 South Swinton Avenue, Delray Beach
Kids and Cops
1 st Wednesday at 6:00 p.m.
Police Department
300 West Atlantic Avenue, Delray Beach
Neighborhood Advisory Council
3 rd Monday at 5:30 p.m.
First Floor Conference Room, City Hall
Nuisance Abatement Board
1 st and 3 rd Monday as needed at 3:30 p.m.
City Commission Chambers, City Hall
Planning & Zoning Board
3 rd Monday at 6:00 p.m.
City Commission Chambers, City Hall
Police Advisory Board
Meets quarterly on the 2 nd Monday of the month at 5:30 p.m.
First Floor Conference Room, City Hall
Page 4
Public Employees Relations Commission
Meets as needed
City Commission Chambers, City Hall
Site Plan Review and Appearance Board
2 nd and 4 th Wednesday at 6:00 p.m.
City Commission Chambers, City Hall
OUTSIDE AGENCY APPOINTMENTS
Palm Beach County League of Cities, Inc . David T. Harden, City Manager
Governmental Center Board of Directors; Transportation
301 North Olive Avenue Committee Chair; It’s the Economy Task
Force
West Palm Beach 33402 Commissioner Gray
Contact: Richard Radcliffe, Exec. Di rector Co-Chair Education Committee
(561) 355-4484
The Palm Beach County League of Cities, Inc. was chartered in 1969 as a non-profit corporation.
The purpose of the Palm Beach County League of Cities is to promote and advance the collective
interest of the municipalities of Palm Beach Coun ty; to study municipal issues and seek desired
results through cooperative efforts; to respect the principles of Home Rule; and to encourage and
enhance the quality of life of ci tizens of Palm Beach County.
The General Membership meets once per month (normally the 4 th Wednesday) at 11:30 a.m. at
different host cities around the county. The Bo ard of Directors meets once per month (normally
the 4 th Wednesday) at 10:00 a.m., at various locations in Palm Beach County.
Florida League of Cities, Inc. David T. Harden, City Manager
301 S. Bronough Street, Suite 300 (32301) Urban Administration Committee
Post Office Box 1757 Member
Tallahassee, Florida 32302-1757
Contact: Scott Dudley, Sr. Legislative Advocate Mayor McDuffie
(850) 222-9684
Metropolitan Planning Organization Mayor McDuffie
Of Palm Beach County Primary Member
160 Australian Avenue, Suite 201
P. O. Box 21229 Commissioner Jacquet
West Palm Beach 33416 Alternate Member
Contact: Randy M. Whitfield, P.E. Director
(561) 684-4170
or Paul Dorling (City staff)
(561) 243-7040
Page 5
The Metropolitan Planning Organization of Palm Beach County was created pursuant to Chapter
339.175 of the Florida Statutes. Their objective s are to encourage and promote the safe and
efficient management, operation and development of surface transportation systems that will serve
the mobility needs of people and freight within, an d through, urbanized areas of Palm Beach County
while minimizing transportation related fuel con sumption and air pollution. The MPO is charged
with the development of short-range (5 year) an d long-range (20 year) transportation plans and
programs.
MPO Board (elected officials) meets on the 3 rd Thursday of the month at 9:00 a.m., 12 th floor
Conference room at the Governmental Center, 301 No rth Olive Avenue, West Palm Beach, Florida.
Technical Advisory Committee (TAC, staff subcommittee) meets on the 1 st Wednesday of the
month at 9:00 a.m. at 2300 North Jog Road in the 4 th floor Conference Room, #4E-12, West Palm
Beach.
Liaison to State Representatives
Lori Berman, District 86 Commissioner Frankel
Bill Hager, District 87 Commissioner Jacquet
Liaison to State Senators
Ellyn Setnor Bogdanoff, District 25 Mayor McDuffie
Christopher L. Smith, District 29 Commissioner Gray
Maria Lorts Sachs, District 30 Commissioner Frankel
Liaison to United States Representatives
Ted Deutch, District 19 Commissioner Frankel
Allen West, District 22 Mayor McDuffie
Alcee L. Hastings, District 23 Commissioner Gray
Intergovernmental Coordination Issues Commissioner Frankel
Forum Primary Member
Lantana Council Chambers
500 Greynolds Circle
Lantana, 33405
Contact: Ana Yeskey Commissioner Gray
9835-16 Lake Worth Road, Suite 223 Alternate Member
Lake Worth 33467 Paul Dorling
(561) 434-2575 City Staff Member
The Intergovernmental Coordination Issues Forum reviews and makes recommendations on issues
of multi-jurisdictional significance, such as school c oncurrency, county wide fire rescue services, and
countywide library services. The intent is to have municipalities work together on issues of
countywide concern or impact and to assist in the resolution of any disputes which may arise
between local governments. The Issues Forum meets on a quarterly basis. Meeting dates are to be
determined.
The Executive Committee meeting at 9:30 a.m., Issues Forum at 10:30 a.m. and IPARC at 1:30 p.m.
in the Lantana Council Chambers.
WORKSHOP MEETING
APRIL 10, 2012
A Workshop Meeting of the City Commission of the Ci ty of Delray Beach, Florida, was called to
order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:04 p.m.,
on Tuesday, April 10, 2012.
Roll call showed:
Present - Commissioner Thomas F. Carney, Jr.
Commissioner Alson Jacquet
Commissioner Adam Frankel
Mayor Nelson S. McDuffie
Absent - Commissioner Angeleta E. Gray
Also present were - David T. Harden, City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
Mayor McDuffie called the workshop meeting to order a nd announced that it had been called for
the purpose of considering the following Items.
WORKSHOP MEETING AGENDA
1. Discussion of proposed agreement with the Palm Beac h County Property Appraiser
related to a Fire Assessment Fee
Mr. David T. Harden, City Manager, presented this item stating this would keep our options
open if we were to decide at a later date to do a fir e assessment. The option that would be kept
open is the ability to allow it to go on the tax bi ll versus requiring us to bill it separately. He
stated this would be the best course of action and the timing wo rks out very well for budget. the
amount would have to be decided prior to July 28, 2012. Mr. Harden recommend going into the
agreement. He stated the agreement does not commit the Commis sion to doing anything.
Mr. Frankel stated no questions and he is for it.
Mr. Carney stated we always need to keep our options open and feels Commission has made it
very clear regarding a fire assessment fee as an add on.
Mr. Jacquet stated he had no comment.
Mayor McDuffie stated it is appropriate do this and he thinks we will see another down in
property values. He discussed budget cuts.
The City Manager commented that we are faced with an approximately $1,350,000 million
increase in pension costs; and health insurance is u p and instead of splitting it with employees
the city needs to absorb some of that. In addition, M r. Harden stated property and casualty and
liability insurance costs will increase significant ly as well as cost increases we have no control
over.
Mayor McDuffie mentioned the cost of economic develop ment incentives. The City Manager
stated the incentives will need to be budgeted.
2
April 10, 2012
2. Discussion on the Possible Privatization of Code Enforceme nt Officer Position
Mr. Harden stated some of the commissioners inquired a bout this specifically the position that
was created and staff has researched this. Mrs. Lula Butler, Community Improvement Director
and Mr. Bruce Koeser, Human Resources Director prese nted this item. Mr. Koeser provided an
overview regarding what to consider regarding privatiz ation and Mrs. Butler reviewed the
organization of the Code Enforcement Division via P owerPoint highlighting how it works
internally and the community oriented approach for handling c ode enforcement issues.
Mr. Jacquet stated he had no comment.
Mr. Carney stated he agrees that segmenting a porti on of the system will be more expensive per
capita. He stated he reviewed the Pompano Beach cont ract and asked if pension costs were
included in the personnel costs presented.
Mrs. Butler stated it includes pension costs.
Mr. Carney mentioned the individual contact with the r esidents and stated that there are some
suggestions that we could save money by outsourcing and thinks this is a broader brush than
code enforcement. He stated he thinks there are savi ngs to be had and suggested a thorough
look be taken at the entire process.
Mr. Frankel stated the current level of service that code enforcement provides has to be taken
into consideration and he does not know that if you pr ivatize it, you will get the same level of
service. He is not in favor of the proposal of privatizing any part of code enforcement.
Mr. Harden discussed the costs for code enforcement.
Mayor McDuffie stated if there is a dramatic savings in cost, then privatization should be
considered. However, we cannot buy institutional know ledge and he referenced the interaction
with the community. He stated it is hard to extract se rvices because they are so tightly entwined.
He stated he is not against outsourcing but does not think it mak es sense for us at the moment.
Mr. Carney stated every single area of what the cit y does needs to be reviewed to see if it can be
done as efficiently by outsourcing which puts less pressure on pension systems and tax payers.
3. Presentation on Proposed Changes to the 4 th of July/On the Avenue Special Events
Mr. Barcinski stated the thought process for this wa s to hold On the Avenue the Thursday
before July 4 th , changes in location and why; and where the firewor ks would be take place due to
issues and costs, etc. He stated the BPOA Board did not support this concept. Ms. Sarah Martin
will discuss the proposed move of “On The Avenue” to July 3, 2012 from the Central Business
District to the intersection of A-1-A and Atlantic. Ms. Martin discussed the changes in location
and setup regarding On The Avenue. She stated by chang ing it to this date it encourages visitors
to book longer hotel stays so the hotels and merchan ts support this. She stated the new setup
for both On the Avenue and July 4 th will be significantly smaller than the former On t he Avenue
setup and July 4 th setup in regards to the barge and docking costs. Ther efore, it will result in a
cost savings. She discussed the traffic routes, road closings and the two locations for fireworks.
She stated with these changes the approximate savings will be $29,000.
Mr. Frankel stated he spoke with Ms. Martin this mor ning and his concern is safety and that the
city is not held liable for some catastrophe. At th is point, Ms. Martin passed out a hold harmless
agreement. He stated he has no problem with the changes.
3
April 10, 2012
Mr. Carney stated this saves money however; he does n ot want to disregard the Beach Property
Owners Association (BPOA) concerns; and spoke regarding the road closings.
Mr. Jacquet stated he is concerned with the costs. H e asked will this result in savings for the
city. He stated he is also concerned about the road c losings for two days. Mr. Jacquet stated he
wants people to know which routes to take and wants to meet with Ms. Martin to get a better
understanding of this.
Ms. Martin stated the Delray Marketing Cooperative (DMC) communicates effectively with
hoteliers regarding maps/routes and can do this for the resident s.
Mayor McDuffie mentioned the fast cleanup of the cit y that takes place after events. He stated
he does not feel the routes will impose hardships.
Mr. Barcinski stated on July 3, 2012 the music will end at 10:0 0 p.m.
Ms. Martin stated she would like to extend the Beer Ga rden as a fundraising opportunity for the
BPOA.
Mr. Barcinski thanked all of the staff involved with this even t.
Mayor McDuffie asked that Commission be provided update s periodically regarding the July 3 rd
and July 4 th events.
Mr. Carney asked that the DMC address the BPOA traffic issue.
Mayor McDuffie stated this is a great idea and far better and more c ontrollable plan.
Mayor McDuffie adjourned the Workshop Meeting at 7:09 p.m.
________________________________
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delr ay Beach, Florida, and the information
provided herein is the Minutes of the Workshop Meetin g of the City Commission held on Tuesday,
April 10, 2012, which Minutes were formally approve d and adopted by the City Commission on
April 17, 2012.
4
April 10, 2012
________________________________
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated a bove, 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 in volve amendments, additions or deletions to
the Minutes as set forth above.
WHEREAS,WHEREAS,WHEREAS,WHEREAS, the Office of the Municipal Clerk, a time honored and vital part
of local government exists throughout the world; an d
WHEREAS,WHEREAS,WHEREAS,WHEREAS, the Office of the Municipal Clerk is the o ldest among public
servants; and
WHEREAS, WHEREAS, WHEREAS, WHEREAS, the Office of the Municipal Clerk provides the professional link
between the citizens, the local governing bodies an d agencies of government at
other levels; and
WHEREAS,WHEREAS,WHEREAS,WHEREAS, Municipal Clerks have pledged to be ever m indful of their
neutrality and impartiality, rendering equal servic e to all; and
WHEREAS,WHEREAS,WHEREAS,WHEREAS, the Municipal Clerk serves as the informat ion center on
functions of local government and community; and
WHEREAS,WHEREAS,WHEREAS,WHEREAS, Municipal Clerks continually strive to imp rove the
administration of the affairs of the Office of the Municipal Clerk through
participation in education programs, seminars, work shops, and the annual
meetings of their state, province, county, and inte rnational professional
organizations; and
WHEREAS,WHEREAS,WHEREAS,WHEREAS, it is most appropriate that we recognize t he accomplishments
of the Office of the Municipal Clerk.
NOW, THEREFORE, I, NOW, THEREFORE, I, NOW, THEREFORE, I, NOW, THEREFORE, I, NELSON S. McDUFFIE NELSON S. McDUFFIE NELSON S. McDUFFIE NELSON S. McDUFFIE,,,, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, d o hereby proclaim April 29-
May 5, 2012 as:
MUNICIPAL CLERK MUNICIPAL CLERK MUNICIPAL CLERK MUNICIPAL CLERK’’’’S S S S WEEK WEEK WEEK WEEK
in Delray Beach, Florida and extend appreciation to our Municipal Clerk,
Chevelle D. Nubin and to all Municipal Clerks for t he vital services they perform
and their exemplary dedication to the communities t hey represent.
IN WITNESS WHEREOF,IN WITNESS WHEREOF,IN WITNESS WHEREOF,IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Official Seal of the City of Delray Beach, Florida, to be affixed this 17 th day of
April, 2012.
________________________________________________________________________________________________________________
NELSON S. McDUFFIE NELSON S. McDUFFIE NELSON S. McDUFFIE NELSON S. McDUFFIE
MAYOR MAYOR MAYOR MAYOR
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Dot Bast, Training and Development Manager
Employee Suggestion Award Committee
THROUGH:David T. Harden, City Manager
DATE:March 29, 2012
SUBJECT:AGENDA ITEM 7.B. - REGULAR COMMISSION MEETING OF APRIL 17, 2012
MARY BLACK EMPLOYEE SUGGESTION AWARD PRESENTATION
ITEM BEFORE COMMISSION
Presentation of Employee Suggestion Award to Mary B lack, Administrative Assistant, Fire-Rescue
Department.
BACKGROUND
Mary Black submitted an Employee Suggestion for sav ings in the Uniforms and Linen account. As a
result of the changes she implemented, the City sav ed $16,817 in Fiscal Year 2010-11. According to
policy, the Employee Suggestion Committee recommend ed that she be awarded 20% of the savings,
$3,363. This amount was approved by the City Manag er and the check will be presented to her.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Linda Karch, Director of Parks and Recreation
THROUGH:David T. Harden, City Manager
DATE:April 10, 2012
SUBJECT:AGENDA ITEM 7.C. - REGULAR COMMISSION MEETING OF APRIL 17, 2012
BEACH PROPERTY OWNERS'ASSOCIATION (BPOA) PRESENTATION
ITEM BEFORE COMMISSION
The Beach Property Owners' Association will present a check in the amount of $23,700.00 to City
Commission to help fund rebuilding the Pavilion at the intersection of Atlantic Avenue and Ocean
Boulevard.
BACKGROUND
On November 7, 2009, the City of Delray Beach, the Community Redevelopment Agency, and the
Beach Property Owners' Association sponsored a char rette to help develop a Beach Area Master Plan.
The charette provided attendees with an opportunity to examine, discuss and make recommendations
regarding various aspects of the Beach area, includ ing such things as sidewalks, lighting,
landscaping, public amenities, and streetscape issu es along with the renovation of the Beach Pavilion
along Atlantic Ave and Ocean Boulevard.
Over the past three years the Beach Property Owners Association has worked with the Commission and
members of city staff, to adopt and begin implement ing the Beach Area Master Plan. Through many
meetings and discussions a time line was developed to determine the top priorities. The Beach Pavilio n
was chosen as one of the top priorities due to its visibility and historical importance. Through the h ard
work and dedication of many of the members of the B POA, fundraising efforts have taken place to help
the City make sure that enough funds were in place to continue to move forward on the implementation
of the Master Plan, with the focus being on the Bea ch Pavilion.
On March 10, 2011, the Beach Property Owners' Assoc iation initiated their first large fund-raisning
event, "Delray's Got Talent", which netted donation s totaling $35,465.00 which was presented to the
City Commission on March 30, 2011.
This past March, a second large effort took place w hereby additional funds were raised through another
show, "Delray's Got Talent: The Encore", again host ed by the Beach Property Owners' Association
toward the revitalization of Delray's Municipal Bea ch. This evening, they would like to make another
donation in the amount of $23,700.00 to go towards the building of the Pavilion.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Jennifer Buce, S.P.I.R.I.T. Co-Chairperson
Shakeema Gaskin, S.P.I.R.I.T. Co-Chairperson
THROUGH:David T. Harden, City Manager
DATE:April 12, 2012
SUBJECT:AGENDA ITEM 7.D. - REGULAR COMMISSION MEETING OF APRIL 17, 2012
PRESENTATION OF QUARTERLY S.P.I.R.I.T. AWARD WINNERS
ITEM BEFORE COMMISSION
The item before the City Commission is the recognit ion of two (2) quarterly winners chosen by the
SPIRIT Committee for their service, performance, in tegrity, responsibility, innovation, and teamwork.
BACKGROUND
The City of Delray Beach implemented the SPIRIT Qua rterly Award Program in April 2006. The main
objective of the SPIRIT Program is to award the eff orts of employees who provide outstanding quality
service to our City.
Winners for the last quarter are:
Tard McCoy, Community Improvement Department; Jenni fer Buce will present the award.
Joseph Vashlishan, Environmental Services; Jennifer Buce will present the award
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:April 5, 2012
SUBJECT:AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF APRIL 17, 2012
RIGHT -OF -WAY DEED ACCEPTANCE: MUSE HOUSE/HARVEL COTTAGE RENOVATION
PROJECT/CRA
ITEM BEFORE COMMISSION
Acceptance of the attached right-of-way deed that p rovides for a 7 foot dedication adjacent to N.W. 5 th
Avenue associated with the Muse House/Harvel Cottag e Renovation Project.
BACKGROUND
The City requested the 7 foot dedication of right-o f-way based on the requirement set forth in LDR
Section 5.3.1 (A) and (D). The right-of-way dedication is required to accommodate the recen tly
constructed sidewalk and bike rack. Similar dedica tions have been provided with other redevelopment
projects. Due to the existing configuration of the on-street parallel parking and sidewalk, a right-of -way
dedication of 7 feet is necessary.
RECOMMENDATION
Staff recommends acceptance of the right-of-way dee d.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:April 12, 2012
SUBJECT:AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF APRIL 17, 2012
AGREEMENTS/ PBC PROPERTY APPRAISER AND PBC INFORMATION SYS TEM
SERVICES/ FIRE ASSESSMENT FEE
ITEM BEFORE COMMISSION
Proposed agreements with the Palm Beach County Prop erty Appraiser’s Office and Palm Beach County
Information System Services (ISS) as it relates to the placement of a non-ad valorem fire assessment fee
on the tax roll.
BACKGROUND
The attached agreements provide that the property a ppraiser’s office will place the non-ad valorem fire
assessment, if the City adopts a fire assessment fe e for that year, on the County tax bill. The initia l cost
of setting up this district is estimated to be unde r $1000.00. Thereafter, there will be an annual fee of
$150.00 per year. The agreement provides that the C ity must provide the Property Appraiser with the
required assessment information by July 28, 2012. T he agreement with Palm Beach County ISS allows
the County ISS department to use the information it receives from the Property Appraiser concerning
the non-ad valorem fire assessment and place it on the computer roll.
RECOMMENDATION
Staff recommends approval.
Microsoft Outlook - Memo Style
1 Wynn, Kimberly From: Nubin, Chevelle Sent: Wednesday, April 18, 2012 1:36 PM To: Wynn, Kimberly Subject: FW: Additional Agenda Item -Fire Assessment -PBC Property Appraiser's Office
Attachments: 20120328124153937.pdf FYI. Chevelle D. Nubin, MMC City Clerk City of Delray Beach FACC Southeast District Director 100 N.W. 1st Avenue Delray Beach, Florida 33444 561-243-7051
From: Shutt, Brian Sent: Wednesday, April 18, 2012 1:28 PM To: 'dmanioti@pbcgov.org' Cc: Harden, David; Smith, Douglas; Nubin, Chevelle Subject: FW: Additional Agenda Item -Fire Assessment
-PBC Property Appraiser's Office Dino, the Commission last night did not approve the attached agreement, therefore, it does not appear that we will be moving forward with a fire assessment
fee. If you have any questions please call. Thanks, Brian R. Brian Shutt City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 (561)243-7091 Fax (561)278-4755 shutt@mydelraybeach.com
From: Wynn, Kimberly Sent: Wednesday, March 28, 2012 1:02 PM To: Shutt, Brian; Inglese, Cathy Cc: Agenda Coordinator; Harden, David Subject: Additional Agenda Item -Fire Assessment -PBC
Property Appraiser's Office Brian, We received the attached agreement from the PBC Property Appraiser this morning. They’re requesting to be placed on the April 3rd meeting. Finance
referred me to you to submit this item on the agenda. Thank, Kimberly
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:April 10, 2012
SUBJECT:AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF APRIL 17, 2012
RESOLUTION NO. 22 -12/UNSAFE BUILDING -STRUCTURE
ITEM BEFORE COMMISSION
This is a resolution assessing costs for abatement action required for demolition of an unsafe structu re
located at 511 N.E. 3rd Avenue.
BACKGROUND
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the
property in the event the assessment remains unpaid .
RECOMMENDATION
Recommend approval of Resolution No. 22-12.
RESOLUTION NO. 22-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8,
"UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF
DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING
THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE.
WHEREAS, the Building Official or his designated repr esentative has, pursuant to
Article 7.8 of the Land Development Regulations, decl ared the existence of an unsafe building upon
certain lots or parcels of land, described in the list attached hereto and made a part hereof, for
violation of the building codes and building requiremen ts adopted by Article 7.8 and those Codes
adopted in Chapter 96 of the Code of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Devel opment Regulations of the City
of Delray Beach, the Building Official or his design ated representative has inspected said land(s) and
has determined that an unsafe building existed in accor dance with the standards set forth in Article
7.8 and/or Chapter 96 of the Code of Ordinances, and did f urnish the respective owner(s) of the
land(s) described in the attached list with written not ice of unsafe building and detailed report of
conditions and notice to vacate as the Building Offici al determined that the building was manifestly
unsafe and is considered a hazard to life and public we lfare pursuant to Article 7.8 of the Land
Development Regulations, describing the nature of th e violations and sent notices that the building
was to be vacated and that the building was to be repa ired or demolished; work must be begun
within sixty (60) days and all work must be completed within such time as the Building Official
determines, said notice also advised that all appeals must be filed within thirty (30) days from the
date of service of the notice and upon failure to fil e an appeal or to make the repairs required that
the Building Official would have the authority to hav e the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained with in Article 7.8 have been
complied with; and,
2
Res No. 22-12
WHEREAS, neither an appeal to the Board of Construc tion Appeals or corrective
action was undertaken in accordance with the order of the Chief Building Official; therefore
pursuant to Article 7.8 of the Land Development Regu lations the Building Official caused the
abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Be ach has, pursuant to Section
7.8.21 of the Land Development Regulations of the Ci ty of Delray Beach, submitted to the City
Commission a report of the costs incurred in abating said condition as aforesaid, said report
indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8
of the Land Development Regulations desires to assess the cost of said condition against said
property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISS ION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of THREE THOUSAND EIGHT
HUNDRED SEVENTY AND 17/100 DOLLARS as shown by the report of the City Manager
of the City of Delray a copy of which is attached h ereto and made a part hereof, are hereby levied
against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said
assessments so levied shall, if not paid within thirt y (30) days after mailing of the notice described in
Section 7.8.21 become a lien upon the respective lo ts and parcel(s) of land described in said report,
of the same nature and to the same extent as the lie n for general city taxes and shall be collectible in
the same manner and with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and binding oblig ations upon the
property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach i s hereby directed to
immediately mail by certified mail, postage prepaid, r eturn receipt requested, to the owner(s) of the
property, as such ownership appears upon the records of the Co unty Tax Assessor, notice(s) that the
City Commission of the City of Delray Beach has lev ied an assessment against said property for the
cost of abatement action regarding an unsafe buildin g by thirty (30) days after the mailing date of
said notice of assessment, after which a lien shall be placed on said property, and interest will accrue
at the rate of eight percent (8%) per annum, plus r easonable attorney's fees and other costs of
collecting said sums.
Section 4. That this resolution shall become effective immedi ately upon adoption and
the assessment(s) contained herein shall become due and payable within thirty (30) days after the
3
Res No. 22-12
mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s),
and interest shall accrue at the rate of eight perce nt (8%) per annum plus reasonable attorney's fee
and other costs of collection.
Section 5. That in the event that payment has not been recei ved by the City Clerk
within thirty (30) days after the mailing date of t he notice of assessment, the City Clerk is hereby
directed to record a certified copy of this resolution in the public records of Palm Beach County,
Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall
become effective on the subject property which shal l secure the cost of abatement, interest at the
rate of eight (8%), and collection costs including a reasonabl e attorney's fee.
PASSED AND ADOPTED in regular session on this _________ day of
__________________, 2012.
___________________________________
M A Y O R
ATTEST: This instrument was prepared by:
Brian Shutt, City Attorney
____________________________________ 200 N.W. 1 st Avenue
City Clerk Delray Beach, Florida 33444
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Rafael Ballestero, Deputy Director of Construc tion
Richard C. Hasko, P.E., Director of Environmental S ervices
THROUGH:David T. Harden, City Manager
DATE:April 6, 2012
SUBJECT:AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF APRIL 17, 2012
CONTRACT CLOSEOUT (CO #5)/FINAL: FOSTER MARINE CONTRACTORS, INC./SW 12
AVE/AUBURN/SW 14 AVENUE PROJECT
ITEM BEFORE COMMISSION
This item is before the Commission to approve a Con tract Closeout (CO #5/Final) in the net deduct
amount of ($126,826.06) and final payment amount of $31,047.90 to Foster Marine Contractors, Inc.
for completion of the SW 12 Ave./Auburn Avenue/SW 1 4 Ave. Project #2010-098.
BACKGROUND
On May 3, 2011, Commission approved a Contract Awar d to Foster Marine in the amount of
$1,586,019.82 for construction of improvements on S W 12th Ave./Auburn Ave./SW 14th Ave. from
SW 10th St. to W. Atlantic Ave. The scope included new pavement, micro-surfacing, curbing, parallel
parking, drainage (including swales), water main up grades, landscaping, decorative street lights (SW 1 st
St to W. Atlantic Ave.) and paver crosswalks.
On June 23, 2011, the City Manager approved an addi tional cost in the amount of $4,150.82 for
electrical changes to provide LED street light fixt ures in lieu of metal halide fixtures; to be paid o ut of
the contract's Unforeseen Conditions Allowance. Th en on July 29, 2011, the City Manager approved an
additional cost in the amount of $6,301.46 for exca vation and disposal of debris encountered during
pipe installation; to be paid out of the Unforeseen Conditions Allowance.
On September 6, 2011, Commission approved additiona l scope consisting of the relocation of ten (10)
Sewer cleanouts between SW 3rd and 4th St. in the a mount of $6,038.50; to be paid out of the contract's
Unforeseen Conditions Allowance.
On September 20, 2011, Commission approved addition al scope in the total amount of $24,710.49 for
relocation of twelve (12) sewer laterals outside of the proposed sidewalk area in the block from SW 2n d
St. to SW 3rd St.; two (2) additional street light poles, due to the contractor not realizing that, wh en the
revised electrical plan was issued changing the met al halide fixtures to LED fixtures, two additional
poles were added; and the installation of 72 LF of concrete ribbon as requested by the CRA, for 242 SW
12th Ave.
On October 4, 2011, Commission approved Change Orde r No. 1 (CO #1) for the relocation of an
additional twenty-eight sewer cleanouts out of the area of the propos ed sidewalk, in the additional
amount of $16,907.80; and the cost of $1,400.00 for removal of two (2) existing inlets; the cost of th e
removal of the two (2) additional existing inlets w hich were not included in the contract
price was paid from the contract's Unforeseen Condi tions Allowance.
On November 15, 2011, Commission approved Change Or der No. 2 (CO #2) for an adjustment in
contract quantities to Contract Line Items #21 and #24 as follows: #21 -Type S-III Pavement
Overbuild; quantities were added for the roadway sl ope adjustment along SW 12th Ave. and an existing
asphalt driveway which will require asphalt overbui ld to match the proposed sidewalk grade. Line Item
#24 -4' Wide concrete sidewalk; to properly transition a new driveway elevation to the existing
walkway; and a contract time extension of seven (7) additional days.
On December 6, 2011, Commission approved Contract A ddition (CO #3), in the total amount of
$55,674.20, which included the cost for additional parking in the amount of $47,574.20; and the cost
for the quantity overrun in the amount of $8,100.00 . After the contract was awarded, two (2) addition al
properties were added to the project. CO #3 scope included the construction of the back-out parking, in
the amount of $47,574.20, for properties located at 42 SW 12th Ave. and 136/138 SW 14th Ave. The
additional cost was funded by the CRA. In addition, CO #3 included a quantity overrun, in the amount
of $8,100.00 (9 times unit price of $900), discover ed during construction, on Contract Line Item #76
Relocate Water Service and Replace Meter Box; the c ontract quantity was underestimated. Also,
a contract time extension of a total of twenty-thre e (23) additional days was included.
On January 3, 2012, Commission approved Change Orde r No. 4 for a sod quantity shortage; 12,684 SF
of Bahia Sod at $0.40/sf which equals $5,073.60 and 12,384 SF of St. Augustine Floratam Sod at
$0.45/sf which equals $5,572.80, for a total sod sh ortage amount of $10,646.40. The additional sod wa s
needed for the swale grading and rear parking areas ; and additional disturbed areas that will require sod;
and a contract time extension of fourteen (14) days .
Change Order No. 5 includes plus and minus quantity adjustments and liquidates the residual from
contingency allowances. All changes for the projec t are itemized on the attached Schedule "A". The
project is complete and all closeout documentation has been received.
FUNDING SOURCE
Residual funds to be liquidated from PO #675524 to funding accounts 334-3162-541-68.04 (General
Construction Fund/Other Improvement/SW 12 Ave/Aubur n Ave/SW 14 Ave), 448-5461-538-68.04
(Storm Water Utility Fund/Other Improvement/SW 12 A ve/Auburn Ave/SW 14 Ave) and 442-5178-
536-68.04 (Water/Sewer Renewal & Replacement Fund/Impro vements Other/SW 12 Ave/Auburn
Ave/SW 14 Ave).
RECOMMENDATION
Staff recommends approval of a Contract Closeout (CO #5/Final) in the net deduct amount of
($126,826.06) and final payment amount of $31,047.9 0 to Foster Marine Contractors, Inc. for the
completion of the SW 12 Ave./Auburn/SW 14 Ave. Proj ect.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:April 10, 2012
SUBJECT:AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF APRIL 17, 2012
AMENDMENT NO. 1 TO THE CONTRACT FOR SALE AND PURCHASE/ WE ST CORNER
VENTURE LLC
ITEM BEFORE COMMISSION
Approval of Amendment No. 1 to the Contract for Sa le and Purchase between the City of Delray Beach
and West Corner Venture LLC.
BACKGROUND
The City and West Corner Venture LLC entered into a Contract for Sale and Purchase on March 20,
2012 regarding the sale of real property located in the area of SW 10th Avenue and SW 11th Street to
West Corner Venture LLC. The contract provided that the closing would take p lace on or before April
15, 2012. The parties now wish to amend that date to provide that the closing will take place on or
before June 20, 2012.
RECOMMENDATION
Approve Amendment No. 1 to the Contract for Sale an d Purchase between the City of Delray Beach and
West Corner LLC.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Sharon L'Herrou, Administrative Officer
Anthony Strianese, Chief of Police
THROUGH:David T. Harden, City Manager
DATE:April 5, 2012
SUBJECT:AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF APRIL 17, 2012
GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
(JAG)
ITEM BEFORE COMMISSION
The Police Department requests Commission approval of the Edward Byrne Memorial Justice
Assistance Grant application (JAG-12) in the amount of $42,212. If awarded, these fun ds will assist in
funding police overtime for the annual Holiday Robb ery Task force.
BACKGROUND
The Holiday Robbery Task Force has been in operatio n since 1997 and runs annually from
Thanksgiving through New Year's Day to provide satu ration of patrol units in all shopping centers
within the City and for First Night. This patrol ef fort has reduced crime during the holiday season. T his
is a renewal of a grant we have received for the la st several years.
FUNDING SOURCE
Funding is provided through the U.S. Department of Justice's Edward Byrne Memorial Justice
Assistance Grant (JAG) Program. There is no match r equirement.
RECOMMENDATION
The Police Department recommends approval of the gr ant application.
1
Edward Byrne Memorial
Justice Assistance Grant Program 2012
Local/ Annual – CFDA#16.738
Delray Beach Police Department
Program Narrative
Attachment #1
DRAFT
The Delray Beach Police Department’s Holiday Robbery Task Force has been
operational since 1997. This Task Force runs annually from Thanksgiving through New
Year’s Eve and provides a saturation of patrol units in all shopping centers w ithin the
City of Delray Beach. The Police Department provides high profile visi bility, utilizing
approximately 100 different officers throughout the holiday season. During the course of
the program in 2011, over one thousand, three hundred hours were dedicated to this
project.
The Holiday Robbery Task Force serves as an important deterrent, reducing t he
number of serious crimes during the Holiday Season when crimes of opportunity te nd to
increase. In addition, the presence of officers is expected to make citize ns and visitors
feel more secure. If a crime should occur, officers are on site and available to intervene.
During the 2012 holiday season, we expect the Holiday Robbery Task Force to be
deployed in the following commercial areas: Delray Crossings Plaza (wi th the anchor
store of Target, Outback and Steak-n-Shake restaurants), Super Walmart, Delray Square,
Boca/Delray Plaza, Delray West Plaza, Pines West Plaza, Plaza Del ray (with the anchor
stores of Publix Supermarket, Regal Cinemas, and Staples), and the Downtow n Delray
Beach business/art district with specialty shopping and restaurants (i nclusive of Atlantic
Avenue from Swinton Avenue to the Intracoastal Coastal Waterway). The proj ected cost
2
to continue the Holiday Robbery Task Force for 2012 is anticipated to remain on pa r with
the prior year and the number of needed officers for this project will re main
approximately the same. Last year’s total cost was $62,389.74, with $53,503 funded
through the FY 2011 JAG and the remainder being funded by the City. For the upcoming
12/13 fiscal year, we are requesting the full JAG allocation of $42,212 go towards
funding this important program. All additional program costs, including other benefits,
will be funded by the City.
Edward Byrne Memorial
Justice Assistance Grant Program 2012
Local/ Annual – CFDA#16.738
Delray Beach Police Department
Budget and Budget Narrative
Attachment #2
Budget Narrative:
In order to support the Department’s deployment plan for the Holiday Robbery Task Force, we
are requesting funding for the cost of overtime for officers w ho will be deployed in the targeted
areas. These officers will provide high visibility patrols a nd serve as a crime deterrent. In
addition, the presence of officers is expected to make citizens and visitors feel more secure. If a
crime should occur, officers are on site and available to interv ene. We anticipate the program’s
cost to be on par with the prior year’s cost, with the number of officers needed for this project
remaining approximately the same. We are requesting the full al location of $42,212 to support
this program. Of that, $39,212 would directly fund overtime costs and $3,000 woul d support the
cost of FICA. Below is an itemized outline of the proposed budget.
Budget:
The following is an outline of estimated project expenses neede d to support the Delray Beach
Police Department’s Holiday Robbery Task Force.
Requested
JAG Funds
PERSONNEL
Overtime for officers assigned to the Holiday
Robbery Task Force and deployed in targeted
areas as a crime prevention tool $ 39,212
FRINGE BENEFITS
FICA (7.65% of salary) $ 3,000
TRAVEL
$ 0
EQUIPMENT $ 0
SUPPLIES $ 0
CONSULTANTS/ CONTRACTS $ 0
OTHER $ 0
Total federal funding requested from JAG: $ 42,212
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:April 10, 2012
SUBJECT:AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF APRIL 17, 2012
SPECIAL EVENT REQUEST / ON THE AVE
ITEM BEFORE COMMISSION
City Commission is requested to approve a Special E vent Permit for On the Ave scheduled for May 17,
2012 from 6:00 p.m. to 10:00 p.m., to grant a tempo rary use permit per LDR Section 2.4.6(F) for the
closure of Atlantic Avenue from Swinton to the west side of NE/SE 6 th Avenue, Railroad Avenue from
Atlantic north to 150 feet north of the east/west a lley, and to the alleys north and south of Atlantic on
NE/SE 1 st Avenue, NE/SE 2 nd Avenue, SE 3 rd Avenue and NE/SE 4 th Avenue and to authorize staff
support for security and traffic control, EMS assis tance and fire inspection, banner hanging and
removal, barricade set up and removal, trash remova l and clean up.
BACKGROUND
Attached are the special event permit request, site plan, budget and Economic Calculator for this even t
received from Sarah Martin, Executive Director of t he Delray Beach Marketing Cooperative. The
estimate of overtime costs for this event is $6,705 and cost for the barricade rental is estimated at
$110. Based on the event agreement, the DBMC is to pay the City 35% for all overtime costs plus the
full cost of barricade rental for an estimated char ge of $2,457.
RECOMMENDATION
Staff recommends approval of the Special Event Perm it, approval of the temporary use permit and street
closures, staff support as stated above, including barricades with payment of costs to the City per th e
Special Event Policies and Procedures.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:April 10, 2012
SUBJECT:AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF APRIL 17, 2012
SPECIAL EVENT REQUEST / AVDA 5K/10K WALK/RUN
ITEM BEFORE COMMISSION
City Commission is requested to approve a Special E vent Permit for the 13 th Annual Aid to Victims of
Domestic Abuse, Inc. 5K/10K Walk/Run to be held on Saturday, October 13, 2012 from 5:00 a.m. until
approximately noon, set up at 5:00 a.m., race to st art 7:30 a.m. Commission is also requested to appro ve
a temporary use permit per LDR Section 2.4.6(F) for the use of Anchor Park and the City right-of-way
along Ocean Boulevard from Bucida Road to George Bu sh Boulevard, to waive parking meter fees in
Anchor Park and Sandoway lots, and to authorize sta ff assistance for providing traffic control, EMS
assistance, barricading, signage, trash pick up and removal, set up and use of the small stage, and us e of
a City generator.
BACKGROUND
Attached are the Special Event Permit, site plan an d budget we received from Pamela O’Brien, on
behalf of AVDA, to hold their 13 th Annual 5K/10K Walk/Run on Saturday, October 13, 20 12. The
route requested is on A-1-A from Bucida Road to George Bush Boulevard. AVDA v olunteers will assist
with marshals and will provide assistance with clea n up. The stage will be set up in the park on Frida y
and removed on Monday. The estimated overtime costs for the event is approximately $5,010, stage
rental is $265 and barricades rental $100 for a tot al of $5,375. Per the new Special Event Policies an d
Procedures, the event producer is required to pay 1 00% of all City costs.
RECOMMENDATION
Staff recommends approval of the Special Event Perm it, the temporary use permit, and the waiver of
parking fees in Anchor and Sandoway parking lots fr om 5:00 a.m. until 11:00 a.m. We also recommend
authorization to provide staff assistance for traff ic control, EMS, barricading, signage, clean up, Ci ty
generator, and stage set up and use contingent on t he receipt of the Certificate of Liability Insuranc e and
Hold Harmless Agreement by September 29, 2012.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Jasmin Allen, Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:April 12, 2012
SUBJECT:AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF APRIL 17, 2012
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
ITEM BEFORE COMMISSION
The action requested of the City Commission is revi ew of appealable actions which were taken by
various Boards during the period of April 2, 2012 t hrough April 13, 2012.
BACKGROUND
This is the method of informing the City Commission of the land use actions, taken by designated
Boards, which may be appealed to the City Commissio n. After this meeting, the appeal period shall
expire (unless the 10 day appeal period has not occ urred). Section 2.4.7(E), Appeals, of the LDRs
applies. In summary, it provides that the City Comm ission hears appeals of actions taken by an
approving Board. It also provides that the City Com mission may file an appeal. To do so:
· The item must be raised by a Commission member.
· By motion, an action must be taken to place the ite m on the next meeting of the
Commission as an appealed item.
REVIEW BY OTHERS
Site Plan Review and Appearance Board Meeting of Ap ril 11, 2012
A. Tabled (6 to 0), an amendment to the blanket sign p rogram for Linton Square, located at
the northeast corner of Linton Boulevard and Congre ss Avenue, to allow two flat wall signs for a new
business within the center known as Dr. G’s Urgent Care (1425 South Congress Avenue). The Board
requested that the applicant revise the proposed si gn colors.
B. Approved (6 to 0), a request for a color change for Chase Bank , located at 5070 Atlantic
Avenue (south side of West Atlantic Avenue, west of Military Trail).
C. Approved (6 to 0), a Class I site plan modification request associated with the removal of
existing awnings, replacing the existing balcony ra ilings for the New Monmouth Condominium ,
located at 36 South Ocean Boulevard (west side of S outh Ocean Boulevard, south of East Atlantic
Avenue). The Board tabled on a 6 to 0 vote the colo r change request.
D. Approved with conditions (5 to 0, Shane Ames steppe d down), a Class III site plan
modification associated with the conversion of a fr aternal lodge to restaurant including interior and
exterior renovations for Racks Restaurant , located at 5 SE 2 nd Avenue (east side of SE 2 nd Avenue,
south of East Atlantic Avenue).
Historic Preservation Board Meeting of April 4, 201 2
1. Approved (6 to 0, Ana Maria Aponte absent), a Clas s V Site Plan and a Certificate of
Appropriateness associated with a change of use fro m single-family residential to office for the
properties located at 182-186 NW 5 th Avenue, West Settlers Historic District.
RECOMMENDATION
By motion, receive and file this report.
Attachment: Location Map
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Kevin Rumell, Fleet Superintendent
Richard C. Hasko, P.E., Director of Environmental S ervices
THROUGH:David T. Harden, City Manager
DATE:April 6, 2012
SUBJECT:AGENDA ITEM 8.J.1 - REGULAR COMMISSION MEETING OF APRIL 17, 2012
PURCHASE AWARD/VEHICLES/MULTIPLE VENDORS
ITEM BEFORE COMMISSION
City Commission is requested to approve the purchas e of two (2) replacement vehicles from two
different vendors utilizing the Florida Sheriff's A ssociation Contract. Vendors are Bartow Chevrolet in
the amount of $30,069 for a PD pursuit rated Tahoe, and Duval Ford in the amount of $32,056 for a
Fire/Rescue EMS Supervisor's vehicle, with addition al awards to Emergency Vehicle Supply in the
amount of $3,891 for the installation of Police lig hting and related equipment in one Police vehicle, and
Knapheide Equipment in the amount of $8,750 for one truck body, for a total award amount of
$74,766.00.
BACKGROUND
Replacement of two (2) City vehicles based on age a nd life-to-date maintenance costs.
Vendor Type Cost Contract #
Bartow Chevrolet
(1)
2012 Tahoe Pursuit Vehicle
$30,069.00
FSA-Bid #11-19-0907 Spec. #3
Duval Ford (1) 2012 F -350 1 Ton 4x4 Cab
and Chassis
$32,056.00 FSA -Bid #11 -19 -0907 Spec.
#41
Emergency Vehicle
Supply (1)
Installation of Police
Lighting and Related
Equipment
$3,891.00 Selected Preferred Vendor by
DBPD
Knapheide
Equipment (1)
Utility Body and Equipment $8,750.00 Quotes: Knapheide - $8,750
Rayside- $9,293
FSA- $9,800
Total $74,766.00
FUNDING SOURCE
501-3312-591-64.20 (Garage Fund/Machinery Equipment /Vehicle Replacement)
RECOMMENDATION
Staff recommends the award of one (1) vehicle to Ba rtow Chevrolet in the amount of $30,069, one (1)
vehicle to Duval Ford in the amount of $32,056, wit h additional awards to Emergency Vehicle Supply in
the amount of $3,891 for the installation of Police lighting and related equipment in one (1) Police
vehicle and to Knapheide Equipment in the amount of $8,750 for one (1) truck body, for a total award
amount of $74,766.00.
C
i
t
y
o
f
D
e
l
r
a
y
B
e
a
c
h
V
e
h
i
c
l
e
R
e
p
l
a
c
e
m
e
n
t
R
e
c
o
m
m
e
n
d
a
t
i
o
n
s
FY
2
0
1
1
-
2
0
1
2
Ve
h
i
c
l
e
#
Ne
w
V
e
h
.
#
D
e
p
a
r
t
m
e
n
t
A
s
s
i
g
n
e
d
V
e
h
i
c
l
e
M
a
k
e
M
o
d
e
l
Ol
d
V
e
h
i
c
l
e
De
s
c
r
i
p
t
i
o
n
Y
e
a
r
M
f
g
.
Ex
p
e
c
t
e
d
Li
f
e
Ag
e
i
n
Ye
a
r
s
Cu
r
r
e
n
t
Od
o
m
e
t
e
r
O
r
i
g
i
n
a
l
C
o
s
t
LT
D
C
o
s
t
Ma
i
n
t
%
M
a
i
n
t
Co
s
t
/
P
u
r
Co
s
t
/
L
T
D
Ne
w
V
e
h
i
c
l
e
De
s
c
c
r
i
p
t
i
o
n
M
a
k
e
M
o
d
e
l
Repl. Cost Upfitter Cost Total CostContractVendorComments/Summary
14
2
1
1
2
2
0
Po
l
i
c
e
Fo
r
d
E
x
p
l
o
r
e
r
S
U
V
2
0
0
4
7
8
8
3
,
0
0
9
$
2
3
,
1
1
3
$
2
4
,
0
2
4
1
0
4
%
4
D
o
o
r
S
U
V
P
u
r
s
u
i
t
C
h
e
v
y
T
a
h
o
e
$
3
0
,
0
6
9
$
3
,
8
9
1
$
3
3
,
9
6
0
F
S
A
Bartow Chev y at 104% LTD, but low mileage (goes to CSI)
20
0
1
1
2
2
0
1
2
1
2
F
i
r
e
F
o
r
d
E
x
c
u
r
s
i
o
n
S
U
V
2
0
0
1
1
0
1
1
1
1
6
,
0
4
8
$
3
1
,
0
6
5
$
6
5
,
5
1
7
2
1
1
%
1
T
o
n
4
x
4
E
x
t
e
n
.
C
a
b
P
i
c
k
u
p
F
o
r
d
F
-
3
5
0
$
3
2
,
0
5
6
$
8
,
7
5
0
$
4
0
,
8
0
6
F
S
A
D
u
v
al FordAge, Mileage, Extreme High 211% LTD
Pr
e
p
a
r
e
d
b
y
C
i
t
y
o
f
D
e
l
r
a
y
B
e
a
c
h
4
/
1
1
/
2
0
1
2
Page 1
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Sharon L'Herrou, Administrative Officer
Anthony W. Strianese, Chief of Police
THROUGH:David T. Harden, City Manager
DATE:April 11, 2012
SUBJECT:AGENDA ITEM 8.J.2 - REGULAR COMMISSION MEETING OF APRIL 17, 2012
CONTRACT AWARD/ SPECIAL PRODUCTS GROUP (SPG)
ITEM BEFORE COMMISSION
The Police Department requests approval of a contra ct with Special Products Group (SPG) for uniform
procurement for Police Department personnel. Price s will be “piggy-backed” from the attached contract
with the City of Boynton Beach. Purchases will als o be made through a SPG contract with the City of
Melbourne if it provides better pricing.
BACKGROUND
After a significant amount of research and communic ation with various stake holders, the Police
Department has decided to convert to a new style of uniforms. One reason behind this change was the
decision to adopt a mandatory wear policy for bulle t proof vests. The health and safety benefits of th is
position are obvious. The new policy also allows us to be eligible for grant dollars we would not be a ble
to access otherwise. In order to make the mandatory wear policy practical, however, it was necessary t o
explore different options for uniforms.
Our Department will be adopting a vest that is worn over the shirts (as opposed the current vests whic h
are worn under the shirt). This switch offers many benefits to the employees, including less back stra in
and easier access to equipment. It is a style alrea dy adopted by many Police Departments in the area.
Several cost saving factors were built into this pr oposal. The Department currently has three classes of
uniforms. One of those (the class “C” which is used as a utility uniform and an alternati ve to the class
“B”) will be eliminated. We will no longer be providing jackets but have opted for lower cost
sweatshirts instead. The new class “B” uniform will be less expensive than the current one . We will be
consolidating vendors and vests so that bullet proo f vests will be standardized and purchased from the
same vendor.
The new uniform purchases will be staggered over tw o years and will correspond with the replacement
of bullet proof vests which is already scheduled. SPG was previously approved to provide uniforms for
the Delray Beach Fire Department and is also a vend or used by this Department. We have found them
to consistently provide a high quality product at a competitive price.
Costs are projected to be $84,400 for FY 11/12. Fun ds will come from the current year’s budget (from
the uniform funding already allocated as well as eq uipment purchases which will be deferred or where
cost savings was realized). Costs for the FY 12/13 are projected to be $85,000 and are being requested
as part of our uniform needs in the upcoming budget (projections attached). Included in these figures are
replacements of standard and dress uniforms on an a s-needed basis. Prices are from the attached
contract with Boynton Beach. Also attached is an e xplanation of the “balance of line” clause.
The price estimates above are based on the City of Boynton Beach contract with SPG which includes a
25% discount for "balance of line" items. In Novem ber 2011, the Commission approved for Fire
Department uniforms to be purchased from SPG throug h a contract with the City of Melbourne which
included a 30% discount for "balance of line" items . The Police Department uniform purchases will be
made from the agreement (either Boynton Beach or Me lbourne) that provides the better pricing which
could reduce costs further.
FUNDING SOURCE
Funding will be provided from the following account s: 001-2111-521-52.22, 001-2111-521-52.27, 001-
2115-521-52.22, and 001-2115-521-52.27
RECOMMENDATION
The Police Department recommends approval.
Special Products Group
2023 Corporate Drive
Boynton Beach, FL 33426
(561) 732-0360
(561) 732-0879 Fax Terms:Net 30
Delivery:
Delray Beach Police Department Salesperson:Store
ATTN:Sergeant John Crane-Baker Date:April 11, 2012
Phone:561-243-7601
Cell:561-239-2827
Email:cranebak@mydelraybeach.com
In response to your inquiry, please consider the following proposal:
STYLE #DESCRIPTION QTY UNIT PRICE EXTENDED EXPIRES
71049511 Performance Polo Short Sleeve (includes affixing Dept provided patches - no charge)
Size XS-2XLeach$27.5012/31/2012
Size 3XLeach$31.0012/31/2012
71049 511 Performance Polo Short Sleeve (includes embroidery of badge and name/title)
Size XS-2XLeach$37.5012/31/2012
Size 3XLeach$41.0012/31/2012
72049 511 Performance Polo Long Sleeve (includes affixing Dept provided patches - no charge)
Size XS-2XLeach$33.7412/31/2012
Size 3XLeach$35.2412/31/2012
HanesSweatshirt Black: Size S-XLeach$12.5012/31/2012
Size 2XLeach$15.7512/31/2012
Size 3XLeach$17.0012/31/2012
Size 4XLeach$18.0012/31/2012
(includes affixing Dept provided patches - no charge)
743695.11 Stryke Pant, Black 019each$56.2412/31/2012
Sizes 28-44
DN 5735Safariland Front Opening Externaleach$150.0012/31/2012
Outer Carrier (for ballistic panels)
TP-X-XSafariland Set of Six Pouches,each$85.05 12/31/2012
Molle, Black
VB - S/GVelcro Badge; Embroidered badgeeach$7.50 12/31/2012
with velcro backing (silver or gold
NT - S/GVelcro Name Tag, Embroideredeach$2.50 12/31/2012
Name Strip with velcro backing
7200Bianchi Nylon Belt with tri-releaseeach$39.00 12/31/2012
buckle, 2.25"
Quick-Kit 1Safariland QLS Kit (one fork andeach$22.50 12/31/2012
one receiver plate)
6004-22Safariland QLS Receiver Plateeach$15.00 12/31/2012
BR01 Lvl2Safariland's ABA Concealmenteach$453.00 12/31/2012
Armor: BR01 Lvl2 w/2 AJ carriers
TOTAL:$0.00
PRICES ARE VALID ONLY FOR ONE ORDER OF QUANTITY STATED & SHIPPED TO ONE LOCATION
Due to Credit Card Fees, Special Products Group does not accept credit card payments for invoices generated by bids, quotes, or
contracts in excess of two hundred dollars. Exceptions to this policy must be authorized in writing on an individual basis by SPG.
All quotes shall be subject to acceptance by Special Products Group at Boynton Beach Principle Office.
Gerard C Scheller
QUOTATION
ARMOR - Concealment + Tactical: ABA, Safariland, Protech, Savvy,Second Chance,
UNIFORMS: 5.11 Tactical, Fechheimer, Blauer, Southeastern, Liberty,and more.
LESS THAN LETHAL PRODUCTS: Defense Technology
EQUIPMENT: Duty Gear, Boots, Flashlights, Badges, Rainwear, Gloves, Badge Wallets, and MORE!
EMBROIDERY: Our expert staff can enhance your Jackets, Polo Shirts, Uniform Shirts, etc.
www.SpecialProductsGroup.com or www.ShopSPG.com
DELRAY BEACH POLICE DEPARTMENT
Projected New Uniform Expenses
FY 11/12
52.22 52.22 52.27 52.27
UNIFORM SWEATSHIRT VEST MISC. EQUIP Totals
Alpha Days
Lt. Eberhart $320 $20 $450 $350 $1,140
Sgt. Caldwell $320 $20 $350 $690
Wesner (H)$320 $20 $350 $690
Gregory (CIT)$320 $20 $450 $350 $1,140
Swanson $320 $20 $450 $350 $1,140
Bowers (S)$320 $20 $350 $690
Robertson $320 $20 $350 $690
Lugo (Sp)$320 $20 $450 $350 $1,140
Jones, T.$320 $20 $450 $350 $1,140
Lundgren (Light Duty)$320 $20 $450 $350 $1,140
Sgt. Hynes $320 $20 $450 $350 $1,140
Messer (FTO)$320 $20 $450 $350 $1,140
Rashkind (D)$320 $20 $450 $350 $1,140
Whiting (FTO/H/CIT)$320 $20 $450 $350 $1,140
Dinan, B. (FTO)$320 $20 $450 $350 $1,140
Harris (D/CIT)$320 $20 $450 $350 $1,140
Mead $320 $20 $350 $690
Dinan, W (Reassigned to
traffic until 4/6/12) $320$20$450$350$1,140
Alpha Days total $18,270
Bravo Days
Lt. Saunders $320 $20 $350 $690
Sgt. Evans $320 $20 $450 $350 $1,140
Miller, J. (FTO/CIT) $320 $20 $350 $690
Riccio (H)$320 $20 $450 $350 $1,140
Parzyck $320 $20 $350 $690
Turberville (CIT)$320 $20 $450 $350 $1,140
Batista (S/Sp.)$320 $20 $450 $350 $1,140
Carbone $320 $20 $350 $690
Brown, Ma.$320 $20 $350 $690
Frozen
Sgt. McGuire $320 $20 $350 $690
Arena, S. $320 $20 $450 $350 $1,140
Wilson $320 $20 $350 $690
Addea, R.$320 $20 $350 $690
Barbire (CIT)$320 $20 $350 $690
Erickson $320 $20 $450 $350 $1,140
Rackauskas (Sp.)$320 $20 $350 $690
Naparstek $320 $20 $350 $690
Bravo Days total $14,430
Alpha Nights:
Lt. M. Moschette $320 $20 $450 $350 1140
Sgt. Gray $320 $20 $450 $350 1140
Sniffen (FTO) $320 $20 $350 690
Van Ness $320 $20 $450 $350 1140
Mitchell, R. (S)$320 $20 $350 690
1
DELRAY BEACH POLICE DEPARTMENT
Projected New Uniform Expenses
FY 11/12
52.22 52.22 52.27 52.27
UNIFORM SWEATSHIRT VEST MISC. EQUIP Totals
Steed $320 $20 $350 690
Cianciaruli $320 $20 $350 690
Sgt. Weber $320 $20 $450 $350 1140
Laurent (Cr.)$320 $20 $450 $350 1140
Warne $320 $20 $350 690
Schickedanz $320 $20 $450 $350 1140
Costello $320 $20 $450 $350 1140
Carrera (Sp.)$320 $20 $450 $350 1140
Sgt. Rasor $320 $20 $450 $350 1140
Brotz (FTO)$320 $20 $350 690
Ferraiolo $320 $20 $450 $350 1140
Siegel $320 $20 $450 $350 1140
Giordano $320 $20 $350 690
Boland $320 $20 $450 $350 1140
Tolbert K-9 $320 $20 $350 690
Alpha Nights total $19,200
Bravo Nights
Lt. Rubin $320 $20 $450 $350 $1,140
Sgt. Arena $320 $20 $450 $350 $1,140
Jabcuga $320 $20 $350 $690
Fernandez (Sp.)$320 $20 $350 $690
Mintus $320 $20 $350 $690
Sapyta (S)$320 $20 $350 $690
Sala $320 $20 $350 $690
Sgt. Griffith $320 $20 $450 $350 $1,140
Lowry (DUI)$320 $20 $450 $350 $1,140
Leon (Sp.)$320 $20 $450 $350 $1,140
Muller $320 $20 $450 $350 $1,140
Florvil (Cr.)$320 $20 $450 $350 $1,140
Vacant $0
Sgt. Baer $320 $20 $450 $350 $1,140
Umbriac (FTO)$320 $20 $350 $690
Miller, B.$320 $20 $450 $350 $1,140
DiCarlantonio $320 $20 $350 $690
Geraci $320 $20 $450 $350 $1,140
Frazier $320 $20 $450 $350 $1,140
Margolis K-9 $320 $20 $350 $690
Bravo Nights Total $18,060
P.O.P. Team
Lt. Coleman $320 $20 $350 $690
Sgt. Weatherspoon $320 $20 $450 $350 $1,140
Chin-Que $320 $20 $450 $350 $1,140
Rusczyk (H/S/CIT)$320 $20 $450 $350 $1,140
Grammatico (H/CIT)$320 $20 $450 $350 $1,140
Skeberis (H)$320 $20 $350 $690
Trapasso $320 $20 $350 $690
Merk $320 $20 $450 $350 $1,140
POP Total $7,770
Clean & Safe: Alpha Shift*
2
DELRAY BEACH POLICE DEPARTMENT
Projected New Uniform Expenses
FY 11/12
52.22 52.22 52.27 52.27
UNIFORM SWEATSHIRT VEST MISC. EQUIP Totals
Casarez $320 $20 $450 $350 $1,140
Milicchio $320 $20 $350 $690
Clean & Safe: Bravo Shift*
Duarte $320 $20 $350 $690
McInerney $320 $20 $350 $690
POP/ Clean & Safe
Clean & Safe Total $3,210
FTO
Masi $320 $20 $350 $690
Grubb $320 $20 $350 $690
Brown $320 $20 $350 $690
Digsby $320 $20 $350 $690
Alpert $320 $20 $350 $690
FTO Totals $3,450
TOTAL $84,390
3
DELRAY BEACH POLICE DEPARTMENT
Projected New Uniform Expenses
for Budget FY12-13
52.22 52.22 52.27 52.27
UNIFORM SWEATSHIRT VEST MISC. EQUIP Totals
Investigative Unit
Sims $320 $20 $450 $350 $1,140
Battiloro $320 $20 $450 $350 $1,140
Ferreri $320 $20 $350 $690
Finley $320 $20 $350 $690
Gallina $320 $20 $350 $690
Hart $320 $20 $450 $350 $1,140
Hunter $320 $20 $450 $350 $1,140
Kearney $320 $20 $350 $690
Moschette, F $320 $20 $450 $350 $1,140
Moschette, R $320 $20 $350 $690
Pitti $320 $20 $450 $350 $1,140
Quinn $320 $20 $450 $350 $1,140
Sapino $320 $20 $450 $350 $1,140
Sosa $320 $20 $450 $350 $1,140
Thume $320 $20 $450 $350 $1,140
Young $320 $20 $450 $350 $1,140
Total $5,120 $320 $4,950 $5,600 $15,990
Inv. Unit. Totals $5,440 $10,550
CSU
Cambell $320 $20 $450 $350 $1,140
Debree $320 $20 $450 $350 $1,140
Keating $320 $20 $450 $350 $1,140
Martinez $320 $20 $350 $690
McCabe, L $320 $20 $450 $350 $1,140
Stevenson $320 $20 $450 $350 $1,140
Warzoha $320 $20 $450 $350 $1,140
Total $2,240 $140 $2,700 $2,450 $7,530
CSU Totals $2,380 $5,150
Investigative Gd. Total $7,820 $15,700
AHS CJ
Addea, D $320 $20 350 $690
COMMAND STAFF
Strianese $320 $20 $450 $350 $1,140
Milenkovic $320 $20 $450 $350 $1,140
Flynn $320 $20 $450 $350 $1,140
Total $960 $60 $1,350 1050 $3,420
Goldman $320 $20 $450 $350 $1,140
Mitchell$320$20$350 $690
Privitera $320 $20 $450 $350 $1,140
TRAFFIC
Brown $320 $20 $350 $690
Collaretti $320 $20 $450 $350 $1,140
Cramer $320 $20 $350 $690
Jacobson $320 $20 $350 $690 4
DELRAY BEACH POLICE DEPARTMENT
Projected New Uniform Expenses
for Budget FY12-13
52.22 52.22 52.27 52.27
UNIFORM SWEATSHIRT VEST MISC. EQUIP Totals
Reed $320 $20 $350 $690
Total $1,600 $100 $450 $1,750 $3,900
$1,700 $2,200
Narcotics Unit:
VIN
Staff member $320 $20 $450 $350 $1,140
Staff member $320 $20 $350 $690
Staff member $320 $20 $450 $350 $1,140
Staff member $320 $20 $350 $690
Staff member $320 $20 $450 $350 $1,140
Staff member $320 $20 $450 $350 $1,140
COMMUNITY RESPONSE
Heysler $320 $20 $450 $350 $1,140
Staff member $320 $20 $450 $350 $1,140
Total $2,560 $160 $2,700 2800 $8,220
$2,720 5500
SNEU
Chin $320 $20 $350 $690
Deen $320 $20 $450 $350 $1,140
Lucas, N $320 $20 $450 $350 $1,140
Mccabe, E $320 $20 $450 $350 $1,140
Staff member $320 $20 $450 $350 $1,140
Scott $320 $20 $450 $350 $1,140
Total $1,920 $120 $2,250 2100 $6,390
SNEU Totals $2,040 4350
Narcotics Unit Totals:$4,760 $9,850
SUPPORT
Guerriero $320 $20 $350 $690
Mager $320 $20 $450 $350 $1,140
Training:
Crane-Baker $320 $20 $340
Aronowitz $320 $20 $450 $350 $1,140
Braswell $320 $20 $340
New Hires (4)$1,280 $80 $3,600 2800 $7,760
Training Total $2,240 $140 $4,050 3150 $9,580
$18,560 $1,160 $19,800 $21,000 $60,520
Grand Totals $19,720 $40,800
Support $3,840 $240 $5,850 $4,900 $14,830
$4,080 $10,750
Operations $14,720 $920 $13,950 $16,100 $45,690
$15,640 $30,050 $45,690
$60,520
5
DELRAY BEACH POLICE DEPARTMENT
Projected New Uniform Expenses
for Budget FY12-13
52.22 52.22 52.27 52.27
UNIFORM SWEATSHIRT VEST MISC. EQUIP Totals
Replacement: (As only 3 new shirts are included, du e to wear and tear additonal are needed throughout the year.)
Patrol $0
Additional (35) Uniforms $11,200 $700 $11,900
Additional (1) Vest $450 $450
Additional (4) Equipment 1400 $1,400
Class A Uniform (25)$2,250 $2,250
Patrol Replace Total $13,450 $700 $450 $1,400 $16,000
$14,150 $1,850
Investigations Section
Investigations (8) Uniforms $2,560 $160 350 $3,070
Class A (8) Uniforms $720 $720
CSU (3) Uniforms $960 $60 $1,020
Class A (3) Uniforms $270 $270
Inv. Section Total $4,510 $220 $0 $350 $5,080
$4,730 $350
Narcotics Enforcment Unit:
VIN (5) Uniforms $1,600 $100 $1,700
Class A (5) Uniforms $450 $450
SNEU (3) Uniforms $960 $60 $1,020
Class A (3) Uniforms $270 $270
Nar. Total Replace $3,280 $160 $0 $0 $3,440
$3,440 $0
Ops. Replacement Totals:$21,240 $1,080 $450 $1,750 $24,520
$22,320 $2,200
New and Replacement Totals
Support Gd. Total $3,840 $240 $5,850 $4,900 $14,830
$4,080 $10,750 $14,830
Ops Grand Total $35,960 $2,000 $14,400 $17,850 $70,210
$37,960 $32,250 $70,210
DEPT TOTAL FY 12/13 $85,040
DEPT TOTAL FY 11/12 $84,390
TOTAL - Both years $169,430
6
MEMORANDUM
TO:Mayor and City Commissioners
FROM:CANDI N. JEFFERSON, SENIOR PLANNER
PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING
THROUGH:CITY MANAGER
DATE:April 11, 2012
SUBJECT:AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF APRIL 17, 2012
WAIVER REQUEST/ 9 N.E. 2ND AVENUE
ITEM BEFORE COMMISSION
Consideration of a waiver request to the lower leve l frontage and setback requirements for 9 NE 2 nd
Avenue. This waiver would allow 33% frontage at a m aximum setback of 10 ft. along N.E. 2 nd Avenue
where 70%-90% frontage is required pursuant to LDR Section 4.4.13(F)(4)(c)(1).
BACKGROUND
Waiver Requests LDR Section 2.4.7(B)(5) Findings:
Pursuant to LDR Section 2.4.7(B)(5), prior to grant ing a waiver, the approving body must make a
finding that granting the waiver:
(a) Shall not adversely affect the neighboring a rea;
(b) Shall not significantly diminish the provisio n 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.
Ground Level Setback and Frontage Requirements:
A waiver has been requested to allow 33% frontage a long NE 2 nd Avenue at a maximum
setback of 10’ rather than the 70%-90%frontage required, pursuant to LDR Section 4.4.13(F )(4)
(c)(1).
Pursuant to LDR Section 4.4.13(F)(4)(c)(1), a minim um of 70% and a maximum of 90% of the building
frontage shall be set back no greater than ten feet (10’) from the property line for buildings up to
twenty-five feet (25’) in height. The remaining length of the building sh all be setback a minimum of
fifteen feet (15’).
The applicant has provided the following justificat ion statement regarding the waiver request:
“The existing structure has approximately forty-nin e feet (49’) of building frontage. Therefore, a
minimum of approximately 34’ and a maximum of appro ximately 44’ of the building frontage is
required to be set back no greater than ten feet (1 0’) from the property line. The proposed building
design of the Property seeks to demolish approximat ely thirty-three feet (33’) of existing building
frontage, which is currently set back only four fee t (4 ’) from the property line, and rebuild and relocate
it ten feet (10’) further into the space. The new setback from the pr operty line would be fourteen feet
(14’). Stated otherwise, approximately 67% of the b uilding frontage would be setback more than 10 ’
from the property line...The entire roof, columns a nd structural supports are to remain and will not b e
moved. The existing non-load bearing glass storefront will be replaced with a folding impact glass
storefront. The building footprint (generally under stood to mean the horizon projected area of the bui lt
structure from the roof down to the ground level) i s not changing. This is comparable to many other
restaurants in the CBD/downtown area with similar e levations and which design element is intended to
provide a location for a desired covered outdoor di ning area...Waivers were not required in those
instances for reasons the applicant is unaware.”
The Central Business District requires all building s to be placed in close proximity to rights of way, to
encourage pedestrian access and to foster a uniform streetscape along major thoroughfares. The code
encourages a maximum setback of ten feet (10’). It is important for the applicant to recognize the need
to pull the building mass closer to the street and create an attractive pedestrian friendly area in th e front.
However, given the design of the floor plan layout, which includes a covered outdoor bar and dining
area, the entrance will continue to look inviting t o passing pedestrians.
The waiver to LDR Section 4.4.13(F)(4)(b)(1) does n ot affect the neighboring areas or create an unsafe
situation. Granting of the requested waiver will no t diminish the provision of public facilities or re sult in
the grant of a special privilege. Consequently, pos itive findings can be made with respect to LDR
Section 2.4.7(B)(5) in the reduction of the require d setback along NE 2 nd Avenue.
REVIEW BY OTHERS
The Site Plan Review and Appearance Board reviewed the waiver request at their meeting of March 14,
2012 in conjunction with the Class III Site Plan mo dification approval. By a vote of 4-0, SPRAB
recommended approval to the requested waiver of LDR Section 4.4.13(F)(4)(c)(1), Minimum Ground
Level Building Setback and Frontage. A detailed description and analysis of the developm ent proposal
is contained within the attached Site Plan Review a nd Appearance Board staff report of March 14, 2012.
RECOMMENDATION
Approve the waiver request to LDR Section 4.4.13(F)(4)(c)(1 ), to reduce the required ground floor
setback and frontage from 70%-90% at a maximum of t en feet (10’) to 33% alongNE 2 nd Avenue, by
adopting the findings of fact and law contained in the staff report, and finding that the request is
consistent with LDR Section 2.4.7(B)(5).
1
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 REQUEST FOR 9 NE 2 nd Avenue
1. This waiver request came before the City Commission on April 17, 2012.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the wai ver request for 9 NE 2nd
Avenue. All of the evidence is a part of the record i n this case. Required findings are
made in accordance with Subsection I.
I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to grantin g 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 p ublic 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 ot her
property for another applicant or owner.
A. Waiver to LDR Section 4.4.13(F)(4)(c)(1)
Pursuant to LDR Section 4.4.13(F)(4)(c)(1), a minimum of 70% and a
maximum of 90% of the building frontage shall be set back to no greater
than ten feet (10’) from the property line for buil dings up to twenty-five feet
(25’) in height. The applicant is requesting a waiver to allow 33% of the
building frontage at NE 2 nd Avenue to be set back at a maximum of ten
feet (10’). Under the proposed design, 67% of the fro ntage of the modified
structure will be set back more than 10 feet (10’) from the property line.
Should the waiver be granted?
Yes ______ No _______
3. The City Commission has applied the Comprehensive P lan and LDR
requirements in existence at the time the original dev elopment application was
2
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and compete nt 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 r eports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Co mmission approves __
denies ___ the waiver request.
6. Based on the entire record before it, the City C ommission hereby adopts
this Order this 17th day of April, 2012, by a vote of ____ in favor and ____ opposed.
________________________________
ATTEST: Nelson S. McDuffie, Mayor
________________________________
Chevelle Nubin, City Clerk
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Paul Dorling, AICP, Director Planning and Zoni ng
THROUGH:City Manager
DATE:April 12, 2012
SUBJECT:AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF APRIL 17, 2012
REMOVE A CONDITION OF APPROVAL TO THE CONDITIONAL U SE
REQUEST/MILAGRO CENTER
ITEM BEFORE COMMISSION
The action requested of the City Commission is remo val of a condition of approval which required a
letter of acknowledgement from the Florida Housing Finance Corporation that they agree that amenities
required for Villages of Delray multifamily develop ment could be utilized by the Milagro Child Care
use.
BACKGROUND
The conditional use for the Milagro Child Care faci lity was approved by City Commission on July 5,
2011 and the related Site Plan was approved on Octo ber 12, 2011 by SPRAB. Both of these approvals
were granted subject to several conditions of appro val, including the requirement that a letter from t he
Florida Housing Financial Corporation be obtained a cknowledging acceptance of the Milagros child
care facility occupying amenities constructed for t he residents of Villages of Delray. The applicant has
addressed all conditions of approval except this re quirement and Milagro is now requesting it be
removed citing, in part, timing concerns in obtaini ng such a letter.
The child care center will occupy residential ameni ties initially approved by SPRAB for the Village of
Delray multifamily residential development includin g the clubhouse and surrounding playground and
tot lot areas. These same amenities are also ident ified as required amenities for these residents bot h in
the Florida Housing Finance Corporation (FHFC) Land Use Restriction Agreement (see attached) and
the Credit Underwriting Report (see attached) for t his development. Given these factors it is prudent to
verify that the proposed arrangement is acceptable with FHFC to avoid any potential future issues that
could stem from this city commission approval actio n. Further, this confirmation appears to be require d
regardless of the City Commission condition pursuan t to Sections 4a and 4c (pages 16 and 17) of the
attached Land Use Restriction Agreement. These sect ions require approval by the Florida Housing
Finance Corporation for the leasing of any part of the development buildings.
While it is acknowledged that timing is now becomin g an issue, this condition has been in place for 9
months (since July 5, 2011) and to our knowledge th ere has been no attempt to obtain the required
confirmation.
RECOMMENDATION
Recommend denial of the request to remove the afore mentioned condition of approval associated with
the Conditional Use for Milagro Child Care center.
1
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
REQUEST FOR AN AMENDMENT TO THE CONDITIONS OF APPRO VAL FOR THE
CONDITIONAL USE REQUEST TO ESTABLISH A PRIVATE CHIL D
CARE FACILITY FOR THE MILAGRO CENTER AT 675 AUBURN AVENUE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This request for an amendment to the conditions of approval as set forth
in Exhibit “A” of the Final Order granting the condi tional use request of the Milagro
Center which was decided by the Commission July 5, 2011 and attached hereto as
Exhibit “1” has come before the City Commission on Apr il 17, 2012.
2. The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertainin g to the request for
amendment of the conditions of approval for the condit ional use of the Milagro Center.
All of the evidence is a part of the record in this ca se. Required findings have
previously been made in accordance with Sections I and II of the original Commission
Order dated July 5, 2011.
I. Condition requested to be removed:
6. That if any of the amenities required by the Cred it Underwriting Report or
conditioned in the Land Use Restriction Agreement are i ncluded in this
request then a letter acknowledging acceptance of this arr angement will be
required from the FHFC.
Should the Amendment to the Conditions of Approval to remove item
number 6. be granted?
Yes ________ No_________
3. The City Commission has applied the Comprehensive P lan and LDR
requirements in existence at the time the amendment re quest to the conditions of
approval for the conditional use application was submit ted.
4. The City Commission finds there is ample and compete nt 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 r eports and testimony of witnesses
supporting these findings.
5. Based on the entire record before it, the City Co mmission approves ___
denies ___ the request for amendment to the conditions of approval as set forth in
Exhibit “A” of the Final Order granting the conditio nal use application and hereby adopts
this Order this ___ day of April, 2012, by a vote of _____ in favor and ____ opposed.
________________________________
Nelson S. McDuffie, Mayor
ATTEST:
_______________________________
Chevelle Nubin
City Clerk
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Estelio Breto, Senior Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:June 29, 2011
SUBJECT:AGENDA ITEM 9.A. - REGULAR COMMISSION M EETING OF JULY 5, 2011
CONDITIONAL USE REQU EST/MILAGRO CENTER
ITEM BEFORE COMMISSION
Consideration of a Conditional Use request to establish a private child care facility known as the
Milagro Center. The child care facility will operate within a portion of the existing 7,500 sq. ft. club
house of the Village at Delray multiple family residential development.
BACKGROUND
Pursuant to LDR Section 4.4.6(D)(1), within the RM (Multiple Family Residential) zoning district,
child care facilities are allowed as a Conditional Use. The subject property is located at 675 Auburn
Avenue, which is on east side of Auburn Avenue. The Milagro Center intends to operate after school
from 2:15 to 6:00 pm, Monday-Friday. The Milagro Center also will serve children from 8:00 am to
6:00 pm on non-school days, including the summer mont hs to keep the children off the streets. The
Milagro Center staffs 5 full time employees and one part time employee for approximately 43 K-5 th
grade children.
The child care center will occupy the residential amenities initially approved by SPRAB within the
clubhouse for Village at Delray multiple family residential development. These include the multiple
purpose area and large kitchen and café area, out side play areas around the pool and support pool
facilities like restrooms. All of these enhanced recreational components were provided for the residents
to justify the increase in density to 18 units per acre for this development.
While the applicant has attempted to mitigate the losses in internal recreational components it is at a
much reduced level. [Clubhouse amenities originally approved at 2,517 sq. ft. now reduced to 529 sq. ft.
(79% reduction in size)]. In addition, the newly relocated diminished multipurpose area will operate in
an area with difficult access as the residents will have to go through the reception, vestibule, leasing
conference room before they actually reach the new multiple purpose area. Further other LDR
compliance issues are raised in the staff re port including an inadequate drop-off area.
Page 1of 3 Coversheet
4/13/2012 htt p ://itweba pp /A g endaIntranet/Bluesheet.as p x?ItemID=4628&Meetin g ID=322
As this proposal will negatively impact the clubhouse amenities and adjacent outside play areas
approved as part of the recreational component of the residential development to justify an increased in
density , positive findings cannot be made with respect to Chapter 3 of the Land Development
Regulations more particularly LDR Sectio n 4.4.6(H)(3) Recreational Amenities.
At its meeting of June 20, 2011, the Planning and Zoning Board held a public hearing in conjunction
with the conditional use request for the Milagro Center. Presentations were made by staff and the
applicant. While the Planning and Zoning Board was concerned over the utilization of community
recreational amenities by a private entity the applicant’s attorney indicated the facility would continue
to be available for residents when the Milagro Cent er was not open. With that assurance and after a
lengthy discussion, the Board moved a recommendation of approval of the conditional use request for
the Milagro Center on a vote of 4-2, by adopting th e findings of fact and law contained in the staf f
report. A detailed description and an alysis of the proposal is contained within the attached Planning and
Zoning Board staff reports of June 20, 2011.
While the applicant's assurance of additional residential access to the facility addressed part of staf f
concerns, these facilities will not be available for the residents they were intended for significant
periods particularly during the high use months in the summer. Further we are skeptical that the
facilities once set up with office equipment, child care play areas, and other activity areas associated
with the Milagro Center actually will be open to th e residential community given legitimate safety and
security concerns.
RECOMMENDATION
Move a recommendation of denial to the Conditional Use request to locate and establish a child care
facility The Milagro Center within the Village at Delray Club House ,by adopting the findings of fact
and law contained in the staff report, and finding that the request is inconsistent with the
Comprehensive Plan and does not meet criteria set forth in Chapter 3.1.1, Compliance with the Land
Development Regulations, LDR Section 4.4.6(H)(3) Recreational Amenities, and LDR Section 4.3.3(E)
(4) Loading and Drop-off Area.
In the event that the City Commission approves the Conditional Use request for The Milagro Center,
staff recommends that it should be done subject to the following condition:
1.A letter from the Palm Beach County Traffic Division indicating that the project meets the traffic
concurrency standards of Palm Beach County is required;
2.That the maximum capacity of the child care facility be limited to a total of 43 students;
3.That the applicant obtains acknowledgement from the Health Department that the facility can
operate as a shared facility (as advanced by the applicant’s attorney), and that all recreational
components both internal and external that are part of the conditional use request remain available
for utilization by the residential development's residents during times the Milagro Center is
closed;
4.That the applicant provides a copy of the Credit Underwriting Report issued and approved by the
Florida Housing Finance Corporation (FHFC) listing those specific amenities within the
clubhouse and/or the Village at Delray development that were required to be for the RESIDENTS
ONLY;
5.That the applicant provides a copy of the Land Use Restriction Agreement between the FHFC and
Auburn Corporation which was recorded as a deed restriction against the Village at Delray
Development outlining what amenities are requi red for the use of RESIDENTS ONLY; and
6.That if any of the amenities required by the Credit Underwriting Report or conditioned in the
Land Use Restriction Agreement are included in this request then a letter acknowledging
Page 2of 3 Coversheet
4/13/2012 htt p ://itweba pp /A g endaIntranet/Bluesheet.as p x?ItemID=4628&Meetin g ID=322
acceptance of this arrangement w ill be required from the FHFC.
Page 3of 3 Coversheet
4/13/2012 htt p ://itweba pp /A g endaIntranet/Bluesheet.as p x?ItemID=4628&Meetin g ID=322
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Rafael Ballestero, Deputy Director of Construc tion
Richard C. Hasko, Environmental Services Director
THROUGH:David T. Harden, City Manager
DATE:April 3, 2012
SUBJECT:AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF APRIL 17, 2012
CHANGE ORDER NO. 3/BRANG CONSTRUCTION, INC./ARRA BUS SHELTE RS P/N 2009 -
055
ITEM BEFORE COMMISSION
This item is before the Commission to approve Chang e Order No. 3 in the amount of $14,594.54 to
Brang Construction, Inc. for the purchase of sixtee n (16) bus shelter benches, and installation of fif teen
benches; as requested by Palm Tran; plus a contract time extension of 130 days; for the ARRA Bus
Shelters Project #2009-055.
BACKGROUND
On February 1, 2011, the Commission awarded a Contr act to Brang Construction, Inc. to install 23 bus
shelters throughout the City. The project is funde d through an ARRA grant received by Palm Tran.
On July 5, 2011, the City Manager approved an amoun t of $11,166.70, to be paid out of the contract's
Contingency Allowance, for the cost of additional w ork required to comply with ADA requirements per
Palm Tran.
On September 20, 2011, Commission approved Change O rder No. 1 (CO#1) to Brang Construction,
Inc. for a contract time extension of fourteen (14) days. In addition, Commission approved an
additional amount of $1,548.30 to be paid out of th e contract's Contingency Allowance for additional
excavation and flatwork required at Bus Stop #8 (lo cated on Old Germantown Road, west of
Homewood Boulevard), to meet ADA requirements. Thi s amount was previously excluded in the total
additional cost amount by Brang.
On December 13, 2011, Commission approved a Contrac t Addition (CO #2) for the purchase and
installation of one (1) additional bus shelter at S W 10th Street; which was requested by Palm Tran; an d
a contract time extension of 208 days to accommodat e manufacturing and delivery time.
Change Order No. 3 in the amount of $14,594.54, is for the purchase of 16 bus shelter benches; and the
installation of 15 of the benches; one bench is to accompany a bus shelter that is currently on order, but
not yet received. The benches will replace the bus shelter benches located in Palm Beach County DOT
rights-of-way; per Palm Tran's punch list on the ARRA Bus She lters Project. CO #3 also includes a
contract time extension of 130 days. Exhibit "A' t o CO #3 is attached with additional details.
The City designed the project with benches similar to those previously installed in the City, and as
illustrated in Palm Tran's documents. During final inspections, Palm Tran rejected all (23) installed
benches; as their standards had been updated. Thro ugh discussion between the City and Palm Tran, it
was agreed that the benches in the City right-of-way could remain as installed; but the 15 benches i n the
State and County right-of-way, as well as all future benches, must adhere to the new Palm Tran
standard.
FUNDING SOURCE
Funding is available from 101-3163-544-65.70 (ARRA Economic Stimulus Fund/Other
Improvements/Transit Stop Bus Shelters).
RECOMMENDATION
Staff recommends approval of Change Order No. 3 in the amount of $14,594.54 to Brang Construction,
Inc. for the purchase of sixteen (16) bus shelter b enches, and installation of 15 benches; as requeste d by
Palm Tran; plus a contract time extension of 130 da ys; for the ARRA Bus Shelters Project.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:April 9, 2012
SUBJECT:AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF APRIL 17, 2012
APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD
ITEM BEFORE COMMISSION
This item is before the City Commission for an appo intment to the Public Art Advisory Board.
BACKGROUND
Mr. Jonathan Jonas, regular member on the Public Ar t Advisory Board, submitted his resignation
effective immediately. An appointment is needed f or one (1) regular member to serve an unexpired
term ending July 31, 2013.
On February 1, 2005, the Delray Beach City Commissi on adopted Ordinance No. 77-04 establishing the
Public Art Advisory Board for the purpose of advisi ng and making recommendations to the City
Commission with respect to public art policy and re lated issues including, but not limited to, the
selection, construction and placement of public art in/on City right-of-way and City owned property.
The Public Art Advisory Board shall consist of seve n (7) members. Three (3) seats on the Board must
be filled with either an artist, architect, landsca pe architect or engineer. Laypersons of knowledge,
experience and judgment who have an interest in pub lic art shall make up the balance of the Board.
The following individuals have submitted applicatio ns and would like to be considered for
appointment:
Alexia Rouquette Real Estate/Marketing/Public Relations
Kera Trowbridge I nterviewer-Panelist
A check for code violations and/or municipal liens was conducted. None were found. Voter registration
verification was completed and all are registered.
Based on the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2) for one
(1) regular member to serve an unexpired term endin g July 31, 2013.
RECOMMENDATION
Recommend appointment of one (1) regular member to serve on the Public Art Advisory Board for an
unexpired term ending July 31, 2013.
PUBLIC ART ADVISORY BOARD
03/12
TERM EXPIRES REGULAR MEMBERS OCCUPATION
07/31/13
Unexp Appt 03/20/12
Daniel Bellante
Business Owner
07/31/12
Appt 07/15/08
Reappt 07/20/10
Dana Donaty, Chair
Artist
07/31/13
Unexp Appt
Vacant
07/31/12
Appt 07/20/10
Sandi Franciosa
Administrative
Asst/Retired
07/31/12
Appt 07/15/08
Reappt 07/20/10
Michiko Kurisu
Artist/Photographer
07/31/12
Appt 07/15/08
Reappt 07/20/10
Richard McGloin, Vice Chair
Electrical Engineer
07/31/13
Appt 07/21/09
Reappt 07/05/11
Mary Minieka
Administration
Contact: Alberta Gaum X7136
S/City Clerk/Board 12/Public Art Advisory Board
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Ronald Hoggard, AICP, Principal Planner
Paul Dorling, AICP, Director Planning and Zoning
THROUGH:David T. Harden, City Manager
DATE:April 9, 2012
SUBJECT:AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF APRIL 17, 2012
ORDINANCE NO. 14 -12
ITEM BEFORE COMMISSION
This ordinance is before Commission for second read ing and a quasi-judicial hearing for a privately-
initiated small-scale Comprehensive Plan amendment and rezoning for the proposed 10th & 10th
Center, located at the southeast corner of SW 10th Street and 10th Avenue. The small-scale
Comprehensive Plan amendment consists of a Future L and Use Map change from CMR (Commerce) to
TRN (Transitional) and an associated Text Amendment modifying the description of the Transitional
Land Use designation within the Future Land Use Ele ment to restrict the use on the property to
nonresidential development at a maximum FAR of 0.25 . The associated rezoning will change the
property from LI (Light Industrial) to NC (Neighbor hood Commercial).
BACKGROUND
The subject property is located at the southeast co rner of SW 10th Street and SW 10th Avenue, and is
approximately 1.49 acres in size. This property and the surrounding area are located within the Wallac e
Drive Industrial Area, which is subject to the “Wal lace Drive Redevelopment Plan”, adopted by the
City Commission on January 6, 2004. The Plan encour ages the development of light industrial, limited
commercial and office uses in an urban setting. The Plan recommended a Future Land Use Map
(FLUM) amendment and rezoning for the subject prope rty from Redevelopment Area #2 (RDA-2) to
Commerce (CMR) and from Single-Family Residential (R-1-A) to Light Industrial (LI), respectively.
The recommended FLUM amendment and rezoning were ap proved by the City Commission on January
6, 2004.
The requested Future Land Use Map amendment from CM R (Commerce) to TRN (Transitional) and
rezoning from Light Industrial (LI) to Neighborhood Commercial (NC) is to allow development of a
neighborhood commercial center at this location. Th e applicant’s justification for these modifications is
that there have been changes in industrial market c onditions since adoption of the Wallace Drive Plan in
2004 which make additional industrial development i mpractical; and that there has been an increase in
residential development in the immediate area that has resulted in increased demand for neighborhood
retail and services uses.
Staff agrees that there have been changes in indust rial market conditions since 2004 and that this is the
result of the current economic downturn. Staff does not agree that the current economic conditions
represent a necessity to change long-range future land use provisions for the City. Ther e was no timeline
associated with the redevelopment effort given in t he Redevelopment Plan. Redevelopment will not
occur until opportunities arise on individual prope rties and market conditions support those
opportunities.
The City only has 374 acres of land within the Indu strial Land Use categories of IND (Industrial) and
CMR (Commerce). This represent only 3.7% of the Cit y’s developable land area. The applicant’s
justification statement included data that the City of Boca Raton reduced its light industrial land us e by
25% between 1989 and 2005. It is significant to not e that Boca Raton’s 2005 figure of 6.45% is still
75% higher than the City’s 3.7% figure. It is also important to note that th e City reduced the amount of
industrial land use in 2006 with creation of the MR OC zoning district along the Congress Avenue
corridor. This new zoning district eliminated indus trial zoning in favor of a mixed residential, offic e and
commercial zoning to encourage mixed use developmen t with commercial or office on the ground floor
and residential above utilizing new urbanism design elements.
Staff’s position is supported by the Palm Beach County Light Industrial Land Use Study
“Whitepaper” and “Land Use Toolkit”, prepared by Swiger Consulting in December 2007, whi ch
recommends the retention of Industrial properties. Further reduction of the City’s industrial base is
unwarranted at this time and should be discouraged. The current Future Land Use Map designation of
Commerce, along with the existing Light Industrial zoning is flexible enough to allow considerable
development opportunities for the subject property as the economy improves. The allowed principal uses
include “research and development”; “Wholesaling, S torage and Distribution”; “Manufacturing and
Assembly”; “Office”; and “Repair”. It also allows l imited retail for items processed on the premises.
In terms of increased demand from the additional re sidential development in the area, staff notes that
while more than 445 additional residential multifam ily units have been approved and some of the units
built within the area north of SW 10th Street, this area was zoned for multiple family development pri or
to adoption of the Wallace Drive Redevelopment Plan in 2004. In terms of long-range planning, the
construction of these anticipated units does not re ally represent a change in circumstances. The
applicant’s property is located 0.45 miles from the Villages at Delray/Village Square developments. The
convenience shopping needs of these residents are c urrently being met by two convenience stores -- the
ABC Mini Mart, located at the southwest corner of S W 10th Street and SW 10th Avenue and the Valero
gas station/convenience store, located in the Sherw ood Park Plaza at the southeast corner of SW 10th
Street and Congress Avenue. Sherwood Park Plaza is the closest neighborhood service/retail shopping
center, and is the same distance away from the new residential units as the subject property. At one t ime,
this center even had a Dollar General Store, but it has since been closed. Over 7,000 square feet of s pace
is currently vacant at this center. Major shopping/services are also available on Linton Boulevard at
Linton Square Plaza, 0.9 miles away, Linton Center, 1.2 miles away, and The Plaza at Delray, 1.8 miles
away. Finally, downtown Delray Beach, with a wide r ange of specialty shops, is 1.7 miles away.
For the reasons outlined above, staff feels that th e changed conditions are not sufficient to warrant
approval of the proposed FLUM modification, which w ill reduce the amount of land in the Commerce
FLUM designation. This reduction is in direct confl ict with Future Land Use Element Policy A-1.3,
which says that such reductions should be discourag ed.
The applicant’s proposal also includes an associated text amendme nt to the Future Land Use Element of
the Comprehensive Plan modifying the description of the Transitional Future Land Use Map designation
to limit development of the subject property to non residential uses at a maximum FAR (Floor Area
Ratio) of 0.25. This text amendment will reduce the maximum potential traffic impact of a 100% retail
development to a level less than or equal to that w hich could be realized by a mixed office/retail
development under the existing Commerce FLUM design ation at its maximum FAR of 0.60. A
maximum Floor Area Ratio of 1.0 is currently permit ted for nonresidential uses in the Transitional
designation. If the FLUM amendment and rezoning are supported by the City Commission, then the text
amendment should also be supported.
Since the proposed FLUM amendment and rezoning are not consistent with recommendations in the
adopted Wallace Drive Redevelopment Plan, the appli cant is seeking a concurrent amendment of the
Redevelopment Plan to address the conflicts. This m odification, which is being processed concurrently,
is a sub-item to this agenda item on the April 17, 2012 Regular Commission Meeting agenda.
REVIEW BY OTHERS
At its meeting of March 19, 2012, the Planning and Zoning Board held a public hearing associated with
the small-scale Comprehensive Plan Amendment, including a Fut ure Land Use Map amendment from
CMR (Commerce) to TRN (Transitional) and an associa ted text amendment; rezoning from LI (Light
Industrial) to NC (Neighborhood Commercial); and mo dification of the Wallace Drive Redevelopment
Plan. Staff presented its analysis of the applicant ’s justification for the proposed changes and
recommended denial based on a failure to make posit ive findings related to “Demonstration of Need ”
and consistency with the Goals, Objectives and Poli cies of the Comprehensive Plan. Note: the complete
analysis of applicant’s justification is included i n the attached Planning and Zoning Board Staff Repo rt.
The applicant made a presentation in support of the changes and stated that there is not a current mar ket
for light industrial development; that the future m arket for the light industrial development will be
limited; and that this is the “right place-right ti me” for a neighborhood commercial development at the
proposed location. Several members of the public sp oke on this agenda item—both in favor of and in
opposition to the proposed changes. After a discuss ion, the Board recommended approval of the
proposal on a 7-0 vote.
The City Commission passed Ordinance No. 14-12 on first reading at the April 3, 2012 Regular
Meeting in order to move the item forward for seond reading and a public hearing.
RECOMMENDATION
Although the Planning and Zoning Board recommended approval, staff recommends that the City
Commission deny Ordinance No. 14-12 on second readi ng for a small-scale Comprehensive Plan
amendment, including a Future Land Use Map amendmen t from CMR (Commerce) to TRN
(Transitional) and an associated text amendment, an d rezoning from LI (Light Industrial) to NC
(Neighborhood Commercial) for the subject property, by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is inconsistent with the
Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(D)(5) and 3.1.1 of the
Land Development Regulations.
ORDINANCE NO. 14-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA ADOPTING A SMALL-SCALE COMPREHENSIVE PLAN
AMENDMENT, PURSUANT TO THE PROVISIONS OF THE “COMMU NITY
PLANNING ACT”, FLORIDA STATUTES SECTION 163.3187, I NCLUDING A
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM CMR
(COMMERCE) TO TRN (TRANSITIONAL) FOR LAND LOCATED A T THE
SOUTHEAST CORNER OF SW 10 TH STREET AND SW 10 TH AVENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN, AND AN ASSOCIAT ED TEXT
AMENDMENT MODIFYING THE DESCRIPTION OF THE TRN
(TRANSITIONAL) FUTURE LAND USE DESIGNATION PERTAINI NG TO
SAID LAND; AND REZONING AND PLACING SAID LAND PRESE NTLY
ZONED LI (LIGHT INDUSTRIAL) TO NC (NEIGHBORHOOD
COMMERCIAL) DISTRICT; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, JANUARY 2012"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach exercised the auth ority granted pursuant to the
provisions of Florida Statutes Sections 163.3161 thr ough 163.3248, inclusive, known as the
"Community Planning Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commissio n adopted the document entitled
"Comprehensive Plan - Delray Beach, Florida"; and
WHEREAS, West Corner Venture, LLC, is the fee simpl e owner of the property located at
the southeast corner of SW 10 th Street and SW 10 th Avenue; and
WHEREAS, the subject property hereinafter described h as an existing Future Land Use
Map (FLUM) designation of CMR (Commerce); and
WHEREAS, the owner of the property requested to chan ge the Future Land Use Map
designation from CMR (Commerce) to TRN (Transitional); and
WHEREAS, West Corner Venture, LLC, has requested an amendm ent to the description of
the Transitional designation within the Future Land U se Element pertaining to said property located
at the southeast corner of SW 10 th Street and SW 10 th Avenue; and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated January 2012, as being zon ed LI (Light Industrial) District; and
WHEREAS, at its meeting of March 19, 2012, the Plan ning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered t his item at a public hearing and voted 7 to 0
to recommend that the request be approved, based upon positive f indings; and
2 ORD NO. 14-12
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies of the Comprehensive Pla n; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings of the
Planning and Zoning Board; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida be amended to reflect the revised zoning classification .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That the recitations set forth above are incorporated here in.
Section 2 . That the Future Land Use Map designation of the su bject property is hereby
officially affixed as TRN (Transitional).
Section 3 . That the City Commission of the City of Delray B each, Florida, hereby declares
its intent to exercise the authority granted pursuan t to the provisions of Florida Statutes Sections
163.3161 through 163.3248, inclusive, known as the "Commun ity Planning Act."
Section 4 . That the Future Land Use Element of the Comprehen sive Plan, City of Delray
Beach, Florida, be and the same is hereby amended, by a mending the description of the Transitional
Land Use designation to read as follows:
TRANSITIONAL LAND USES: This designation is applied to land which is developed,
or is to be developed, for either residential or nonre sidential uses, except when applied to property
within the Wallace Drive Overlay District, in which case this designation will be limited to only
nonresidential uses . In some instances this designation provides for a t ransition between less
intensive residential use and commercial uses. In oth er instances, this designation allows the
establishment of uses which are compatible with adja cent residential use. When Neighborhood
Commercial Zoning is placed within or adjacent to a r esidential area, such zoning shall be limited to
two acres, or less, which is sufficient to accommoda te the needs of an immediate residential
neighborhood. While in others, it provides for uses w hich are not as intensive as general commercial
in areas where residential use is not desirable and/or appropri ate.
3 ORD NO. 14-12
Residential development at a density between five and t welve units per acre, mobile home parks and
apartment development in addition to condominiums, Cont inuing Care Facilities, A.C.L.F., and
various types of group homes are appropriate under t his designation. Areas with this designation,
located within a workforce housing overlay district, may exceed 12 units per acre up to a maximum
of 24 units per acre within the Carver Estates Over lay District and 18 units per acre within the infill
workforce housing area, by obtaining density bonuses through the provision of workforce housing
units. Nonresidential development at an intensity equ ivalent to that associated with medium density
residential land uses is also appropriate at a maximu m FAR of 1.0, except when applied to property
within the Wallace Drive Overlay District, where it is lim ited to a maximum FAR of 0.25 .
Section 5 . That the Zoning District Map of the City of Delr ay Beach, Florida, be and the
same is hereby amended to reflect a zoning classifica tion of NC (Neighborhood Commercial)
District for the following described property:
(Parcel 1)
Lots 9, 10, 11 and 12, "ESQUIRE SUBDIVISION", accordi ng to the Plat thereof, as recorded in
Plat Book 23, Page 43 of the Public Records of Palm Beach County, Florida, less and not including
those parcels deeded to the City of Delray Beach by De ed recorded in Official Record Book 8261,
Page 159 and Official Record Book 8261, Page 162 of t he Public Records of Palm Beach County,
Florida, and less the South 80.0 feet of the East 150.0 feet of Lo t 12.
Also described as:
That portion of Lots 9, 10, 11 and 12, "ESQUIRE SUBD IVISION", according to the Plat thereof,
as recorded in Plat Book 23, Page 43, Public Records o f Palm Beach County, Florida, described as
follows:
Beginning at the Northeast corner of said Lot 11; th ence S 00° 59' 01" W, along the East line of said
Lot 11, a distance of 179.03 feet to a point on a li ne 80.0 feet North of and adjacent to the South
line of said Lot 12; thence S 88° 43' 58" W, along s aid parallel line, a distance of 150.12 feet to a
point on a line 150.0 feet West of and parallel to t he East line of said Lot 12; thence S 00° 59' 01"
W, along said parallel line, a distance of 80.06 feet to a point on the South line of said Lot 12; thence
S 88° 43' 58" W, along said South line, a distance of 119.63 feet to the East right-of-way line of S.W.
10th Avenue as described in Official Record Book 8261, Pag es 159 and 161, Public Records of Palm
Beach County, Florida; thence N 03° 49' 13" E, along said East right-of-way line, a distance of 21.98
feet, thence N 0° 23' 12" E, continuing along said r ight-of-way line, a distance of 200.00 feet to a
point on a curve concave to the Southeast, having a central angle of 61° 29' 39" and a radius of
35.00 feet; thence Northeast, along the arc of said curve whose chord bears N 31° 08' 01" E, a
distance of 35.57 feet to a point on a curve concave to the South, having a central angle of 27° 09'
58" and a radius of 74.72 feet; thence Easterly, alon g the arc of said curve whose chord bears N 75°
4 ORD NO. 14-12
27' 50" E, a distance of 35.43 feet to a point on the North line of said Lot 9; thence N 89° 02' 49" E,
along the North line of said Lots 9, 10 and 11, a distance of 218.71 feet to the Point of Beginning.
TOGETHER WITH: (Parcel 2)
Lot 13, less and except the East 215 feet thereof an d less and except that portion thereof conveyed
by instrument recorded in Official Records Book 16259, Page 854 and less and except that portion
thereof utilized for right-of-way purposes for S.W. 10th Avenue and Wallace Drive, of ESQUIRE
SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 43 of the Public
Records of Palm Beach County, Florida and being more particular ly described as follows:
Beginning at the Southeast corner of said Lot 13, le ss the East 215 feet and the North 10 feet;
thence South 88° 46' 49" West, a distance of 64.22 fee t along the South line of said Lot 13 to a point
on the East right-of-way line of Southwest 10th Ave nue; thence North 00° 22' 28" East, a distance
of 91.07 feet along said East right-of-way line to a point on the North line of said Lot 13; thence
North 88° 43' 58" East, a distance of 65.16 feet alo ng said North line to the Northeast corner of
said Lot 13, less the East 215 feet; thence South 00 ° 57' 49" West, a distance of 91.16 feet along said
East line to the Point of Beginning.
TOGETHER WITH: (Parcel 3)
The West 15 feet of the East 215 feet of Lot 13, ES QUIRE SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 23, Page 43 of the Public Recor ds of Palm Beach County, Florida.
Said lands situate in Palm Beach County, Florida.
Section 6 . That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the Ci ty of Delray Beach, Florida, to conform
with the provisions of Section 5 hereof.
Section 7. That all ordinances or parts of ordinances in confl ict herewith be, and the same
are hereby repealed.
Section 8. That should any section or provision of this ordina nce or any portion thereof,
any paragraph, sentence, or word be declared by a court of compe tent jurisdiction to be invalid, such
decision shall not affect the validity of the remainde r hereof as a whole or part thereof other than
the part declared to be invalid.
Section 9. That this ordinance shall become effective as foll ows: thirty-one (31) days after
adoption, unless the Comprehensive Plan amendment is timely challenged. If timely challenged, the
effective date of this Ordinance shall be the date a final o rder is issued by the State Land Planning or
the Administration Commission, finding the adopted amen dment to be in compliance. No
5 ORD NO. 14-12
development orders, development permits, or land uses de pendent on this amendment may be
issued or commence before it has become effective. If a final order of noncompliance is issued by
the Administration Commission, this amendment may nev ertheless be made effective by adoption
of a resolution affirming its effective status, a c opy of which resolution shall be sent to the state land
planning agency.
PASSED AND ADOPTED in regular session on second and final reading on this the 17 th
day of April, 2012.
_______________________________
ATTEST M A Y O R
_______________________________
City Clerk
First Reading__________________
Second Reading________________
IV. C.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: March 19, 2012
AGENDA ITEM: IV. C.
ITEM: 10 th & 10 th Center – Small Scale Future Land Use Map Amendment and
Rezoning.
GENERAL DATA:
Agent…………...……………... Bonnie Miskel
Applicant………………………. West Corner Venture, LLC
Owner…………………………. West Corner Venture, LLC
Location.................................. South Side of SW 10 th Street,
Between SW 9 th Avenue and SW
10 th Avenue
Property Size.......................... 1.5 Acres
Existing Future Land Use Map
designation…………………….
Commerce (CMR)
Proposed Future Land Use
Map designation………………
Transitional (TRN)
Current Zoning……………….. Light Industrial (LI)
Proposed Zoning……............. Neighborhood Commercial (NC)
Adjacent Zoning…...... North:Open Space and Recreation
(OSR)
South:Light Industrial (LI)
East:Community Facilities (CF)
West:Mixed Industrial and Commercial
(MIC)
Existing Land Use................... Vacant
Proposed Land Use…............ Neighborhood Commercial
Center
Water Service......................... Connection Available Via
Extension of 10” Water Main
Within the SW 9 th Avenue Right-
of-Way
Sewer Service........................ Connection Available Via a 16”
Sanitary Sewer Main Within the
SW 10 th Street Right-of-Way
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Ronald Hoggard, AICP, Principal Planner
Paul Dorling, AICP, Director Planning and Zoning
THROUGH:City Manager
DATE:March 26, 2012
SUBJECT:AGENDA ITEM 10.A1 - REGULAR COMMISSION MEETING OF APRIL 17, 2012
AMENDMENT TO THE WALLACE DRIVE REDEVELOPMENT PLAN
ITEM BEFORE COMMISSION
Consideration of a privately-initiated amendment to the “Wallace Drive Redevelopment Plan” to allow
neighborhood commercial retail and service uses as a principal use at 10th and 10th Center (southeast
corner of SW 10th Street and SW 10th Avenue).
BACKGROUND
The Wallace Drive Redevelopment Plan creates the fr amework for the future redevelopment of an area
which was originally identified as Redevelopment Ar ea #2 in the City’s 1989 Comprehensive Plan. The
Redevelopment Area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th
Avenue on the east; and Tangelo Terrace on the west . Two-thirds of the area is located west of Wallace
Drive, which bisects the area, running diagonally f rom northeast to southwest. The area was annexed
into the City via the Enclave Act (Enclave #31A), o n June 28, 1988. By this time, under County
jurisdiction, the area had evolved into a mix of in compatible land uses with limited public infrastruc ture
and little or no code enforcement. As a result, mos t of the area had deteriorated to a point where pri vate
investment had virtually stopped.
The Redevelopment Plan was adopted by the City Comm ission on January 6, 2004. Recommendations
in the Plan on Future Land Use Map designations and zoning for the area were initiated and adopted the
same day. The Future Land Use Map designation for t he area east of Wallace Drive/SW 10th Avenue,
which includes the applicant’s property, was changed to CMR (Commerce) and the a rea was rezoned to
LI (Light Industrial). It was the intent of the Pla n to make the Wallace Drive Redevelopment Area a
unique place that would encourage the development o f light industrial, limited commercial and office
uses in an urban setting. This would, in turn, serv e as a catalyst to increase property values and inc rease
the City’s employment base in the industrial, manuf acturing and trade sectors.
The applicant wishes to develop a neighborhood comm ercial center, including a Dollar type store at the
southeast corner of SW 10th Street and SW 10th Aven ue. To support the proposed use, the applicant is
seeking a Future Land Use Map amendment from CMR (C ommerce) to TRN (Transitional) and an
associated rezoning from LI (Light Industrial) to N C (Neighborhood Commercial). These changes are
not consistent with recommendations in the adopted Wallace Drive Redevelopment Plan. Since the
Comprehensive Plan mandates that all Future develop ment must be in accordance with the provisions of
this Plan, the applicant is seeking a concurrent am endment to the Redevelopment Plan to address the
conflicts. A copy of the proposed Plan amendment is attached. The intent is not to incorporate the
modifications directly into the existing sections o f the Plan, since this would give the impression th at
the changes were always a part of the original Plan and would result in a loss of historic perspective .
Instead, the proposal is to add a new “2012 Modific ations” section to the Plan that will include updated
recommendations for amendments to the Future Land U se Map, Zoning Map and Land Development
Regulations, as well as a description of changes in conditions since 2004 that the applicant percieves as
making these modifications necessary. To maintain c ontinuity, it will also be necessary to reference t his
new Section in the existing “Executive Summary” and “Implementation” Sections of the Plan.
REVIEW BY OTHERS
At its meeting of March 19, 2012, the Planning and Zoning Board held a public hearing on the proposed
amendment of the Redevelopment Plan. In its present ation of the concurrent small-scale Comprehensive
Plan Amendment and Rezoning, staff presented an ana lysis of the applicant’s justification for the
proposed changes and recommended that the Board mov e a recommendation of denial based on a
failure to make positive findings related to “Demon stration of Need” and consistency with the Goals,
Objectives and Policies of the Comprehensive Plan. Based on this analysis, staff feels that the change d
conditions are not sufficient to warrant approval o f the proposed FLUM modification, which will reduce
the amount of land in the Commerce FLUM designation . This reduction is in direct conflict with Future
Land Use Element Policy A-1.3, which states that su ch reductions should be discouraged.
The amendment of the Wallace Drive Redevelopment Pl an is necessary to support the concurrent small-
scale Comprehensive Plan Amendment and Rezoning if they are to be adopted. Since the Planning and
Zoning Board recommended approval those actions, it also recommended approval of the amendment of
the Wallace Drive Redevelopment Plan on a 7-0 vote.
RECOMMENDATION
Although the Planning and Zoning Board recommended approval, staff recommends that the City
Commission deny the proposed amendment to the Walla ce Drive Redevelopment Plan, by adopting the
findings of fact and law contained in the staff rep ort, and finding that the amendment and approval
thereof is not consistent with the Comprehensive Pl an. (motion to be stated in the affirmative).